seleman vs republic 2016 tzca 66 24 april 2016
The conviction cannot stand as the testimonies of the key witnesses were not given under oath or affirmation, violating section 198(1) of the Criminal Procedure Act, and thus amount to no evidence in law.
- Citation
- seleman vs republic 2016 tzca 66 24 april 2016
- Parties
- Appellant: Amos Seleman; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 24 April 2016
- Procedural Posture
- Criminal Appeal / Second Appeal
- Outcome
- appeal allowed
- Legal Topics
- Armed Robbery, Evidence, Oaths and Affirmations
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Parties
Amos Seleman
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Second Appeal
Legal Issues
- 1 Whether evidence given without oath or affirmation is admissible in a criminal trial
- 2 Whether the conviction can stand without admissible evidence
Ratio Decidendi
The conviction cannot stand as the testimonies of the key witnesses were not given under oath or affirmation, violating section 198(1) of the Criminal Procedure Act, and thus amount to no evidence in law.
Court Disposition
appeal allowed
Orders
- conviction quashed
- sentence of thirty years imprisonment set aside
Full Case Text
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