19920831 TZCA Mbeya

19920831 TZCA Mbeya

The trial judge was correct in believing the prosecution witness, whose testimony was consistent and credible. The appellant's act constituted murder as it was a sudden, unprovoked attack with intent to cause grievous harm. The appeal was dismissed in its entirety.

Citation
19920831 TZCA Mbeya
Parties
Appellant: Andreas Kihimba; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
31 August 1992
Procedural Posture
Criminal Appeal / Judgment on Appeal From Conviction
Outcome
Appeal dismissed
Legal Topics
Murder, Credibility of Witnesses, Self Defence, Appeals
Source Language
English
Criminal Law Murder Credibility of Witnesses Self Defence Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Andreas Kihimba

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal From Conviction

Legal Issues

  1. 1 Whether the conviction for murder was proper based on the evidence
  2. 2 Whether the appellant acted in self-defence
  3. 3 Whether the witness PW1 was credible

Ratio Decidendi

The trial judge was correct in believing the prosecution witness, whose testimony was consistent and credible. The appellant's act constituted murder as it was a sudden, unprovoked attack with intent to cause grievous harm. The appeal was dismissed in its entirety.

Court Disposition

Appeal dismissed

Orders

  • Conviction for murder upheld
  • No alteration to sentence or findings