republic vs halfan hassan bwire and 3 others 2021 tzhcced 6677 15 november 2021

republic vs halfan hassan bwire and 3 others 2021 tzhcced 6677 15 november 2021

The witness was competent to tender the letter as he received it directly from the Deputy Registrar, identified unique features (name and force number), and there was no cogent reason to disbelieve his testimony. The letter was authenticated and competent for admission as exhibit.

Citation
republic vs halfan hassan bwire and 3 others 2021 tzhcced 6677 15 november 2021
Parties
Prosecution: The Republic; 1st Accused: Halfan Bwire Hassan; 2nd Accused: Adam Hassan Kasekwa @ Adamo; 3rd Accused: Mohamed Abdillahi Ling'wenya; 4th Accused: Freeman Aikael Mbowe
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
15 November 2021
Procedural Posture
Economic Crime Case / Ruling on Admissibility of Documentary Evidence
Outcome
Objection overruled; exhibit admitted.
Legal Topics
Admissibility of Documentary Evidence, Authentication, Chain of Custody, Competence of Witness
Source Language
English
Criminal Law Evidence Law Admissibility of Documentary Evidence Authentication Chain of Custody Competence of Witness

Case Brief

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Parties

The Republic

Prosecution

Halfan Bwire Hassan

1st Accused

Adam Hassan Kasekwa @ Adamo

2nd Accused

Mohamed Abdillahi Ling'wenya

3rd Accused

Freeman Aikael Mbowe

4th Accused

Procedural Posture

Economic Crime Case / Ruling on Admissibility of Documentary Evidence

Legal Issues

  1. 1 Whether the witness laid a foundation for competence to tender the exhibit
  2. 2 Whether the letter is competent to be admitted as exhibit

Ratio Decidendi

The witness was competent to tender the letter as he received it directly from the Deputy Registrar, identified unique features (name and force number), and there was no cogent reason to disbelieve his testimony. The letter was authenticated and competent for admission as exhibit.

Court Disposition

Objection overruled; exhibit admitted.

Orders

  • Letter written to National Prosecution Services and copied to Hon. Judge in charge and PW2 (TWT) admitted and marked as exhibit Pl (TWT).