19940419 TZCA Dar es Salaam

19940419 TZCA Dar es Salaam

The court found that the appellants were properly identified by credible witnesses under adequate lighting and that the defence of alibi was not credible. The possibility of mistaken identification was excluded by the trial judge's findings.

Citation
19940419 TZCA Dar es Salaam
Parties
Appellant: Bajabu Halife Katumbo; Appellant: Salehe Shabani Msebwege; Appellant: Kibwana Shabani Msebwege; Appellant: Kigoma Iddi Kigoma; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
19 April 1994
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in the High Court
Outcome
appeal dismissed
Legal Topics
Murder, Identification Evidence, Alibi, Burden of Proof
Source Language
English
Criminal Law Murder Identification Evidence Alibi Burden of Proof

Case Brief

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Parties

Bajabu Halife Katumbo

Appellant

Salehe Shabani Msebwege

Appellant

Kibwana Shabani Msebwege

Appellant

Kigoma Iddi Kigoma

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in the High Court

Legal Issues

  1. 1 Whether the appellants were properly identified as perpetrators of the murder
  2. 2 Whether the defence of alibi raised reasonable doubt

Ratio Decidendi

The court found that the appellants were properly identified by credible witnesses under adequate lighting and that the defence of alibi was not credible. The possibility of mistaken identification was excluded by the trial judge's findings.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence of death affirmed