Criminal Session Case 21 of 2023 Ruling Mrisha J

Criminal Session Case 21 of 2023 Ruling Mrisha J

PW5 is a competent witness to tender the sale agreement because he witnessed its execution, signed as a witness, identified specific features, and demonstrated knowledge of its contents, thus satisfying legal requirements for admissibility.

Citation
Criminal Session Case 21 of 2023 Ruling Mrisha J
Parties
Prosecution: Republic; 1st Accused: Juma Luchanganya Mabula @Sendama; 2nd Accused: Emmanuel Makoye
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Criminal / Ruling on Objection During Trial
Outcome
objection overruled
Legal Topics
Admissibility of Documentary Evidence, Competence of Witness, Preliminary Objection
Source Language
English
Criminal Law Evidence Law Admissibility of Documentary Evidence Competence of Witness Preliminary Objection

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Parties

Republic

Prosecution

Juma Luchanganya Mabula @Sendama

1st Accused

Emmanuel Makoye

2nd Accused

Procedural Posture

Criminal / Ruling on Objection During Trial

Legal Issues

  1. 1 Whether PW5 is a competent witness to tender the sale agreement as an exhibit
  2. 2 Whether proper foundation was laid for the admissibility of the sale agreement

Ratio Decidendi

PW5 is a competent witness to tender the sale agreement because he witnessed its execution, signed as a witness, identified specific features, and demonstrated knowledge of its contents, thus satisfying legal requirements for admissibility.

Court Disposition

objection overruled

Orders

  • The sale agreement is admitted as an exhibit.