azimio machibya matonge vs republic 2018 tzca 407 15 february 2018

azimio machibya matonge vs republic 2018 tzca 407 15 february 2018

Failure to establish chain of custody for documentary evidence and lack of corroboration from audit reports or senior Council officers rendered the conviction unsafe; misapprehension of evidence occasioned injustice to the appellant.

Citation
azimio machibya matonge vs republic 2018 tzca 407 15 february 2018
Parties
Appellant: Azimio Machibya Matonge; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
15 February 2018
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal allowed
Legal Topics
Chain of Custody, Tender Qualification, Misapprehension of Evidence, Burden of Proof, Documentary Evidence
Source Language
English
Criminal Law Public Procurement Corruption Chain of Custody Tender Qualification Misapprehension of Evidence Burden of Proof Documentary Evidence

Case Brief

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Parties

Azimio Machibya Matonge

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

Legal Issues

  1. 1 Whether the conviction was supported by admissible evidence
  2. 2 Whether chain of custody requirements for documentary evidence were complied with
  3. 3 Whether the appellant's company qualified for the tender

Ratio Decidendi

Failure to establish chain of custody for documentary evidence and lack of corroboration from audit reports or senior Council officers rendered the conviction unsafe; misapprehension of evidence occasioned injustice to the appellant.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside