19830725 TZHC Dar es Salaam2
- Citation
- 19830725 TZHC Dar es Salaam2
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 25 July 1983
- Posture
- Criminal Appeal / Judgment
- Language
- English
More details
- Court
- TZHC
- Decision
- 25 July 1983
- Posture
- Criminal Appeal / Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The conviction for murder was justified as there was ample evidence, including eyewitness testimony, that the appellant stabbed the deceased causing his death.
Court disposition
appeal dismissed
Orders
- conviction for murder upheld
02
Material facts
Parties
Abdulkarim Ally
AppellantThe Republic
Respondent03
Procedural history
Posture
Criminal Appeal / Judgment
04
Questions and positions
Legal issues
Whether the conviction for murder was justified based on the evidence
Party arguments
- Applicant
- The appellant challenged the conviction for murder.
- Respondent
- The respondent relied on ample evidence, including eyewitness testimony, establishing the appellant stabbed the deceased.
05
Court’s reasoning
Legal principles
- 01
General criminal law principle
Conviction must be based on clear and ample evidence establishing guilt beyond reasonable doubt.
06
Ratio, limits and disposition
Ratio decidendi
The conviction for murder was justified as there was ample evidence, including eyewitness testimony, that the appellant stabbed the deceased causing his death.
Court disposition
appeal dismissed
- conviction for murder upheld
Source and reliance status
TZHC · 25 July 1983
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 25 July 1983
IN THE COURT OF APPEAL OF TANZANIA J 7
AT DAR ES SALAAM Mustafa, J.A., Mwakasend6, J.A. and Makam,:.J.A. 'RAN CRIMINAL APPEAL NO. 42 OF 1980
BETWEEN ABDULKARIM ALLY. . . . . . . . APPELLANT AND THERPUBLIC......oe.....SPOT .(Appealfrom the conviction of the High Court of Tanzania at Mtwara, (Mwesium, J.) • dated the 17th day of April, 1980) in Criminal Sessions Case No. 11 of 1979
JUDGEMENT OF THE COURT MUSTAFA,J..A.: There is ample evidence which clearly established that the appellant stabbed the deceased causing his death'. : A number of witnesses testified to that fact. Some actually saw the stabbing. The conviction of the appellant for murder was justified on the evidence before the trial court. The appeal has no merit and is dismissed. DATED at DAR ES SALAAM this 2'5th day of July, 1983.. •,
AMUSTAFA
JUSTICE OF APPEAL r .. Y. H. M. MWAKASENDO
JUSTICE OF APPEAL L • M. MAKAME
JUSTICE OF APPEAL ' ,0 ' that this is a true copy of the original. / /.A. L. A. SENIOR DXPUrY REGISTRAR.. 2
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