bundala makoye vs republic 2022 tzca 278 12 may 2022

Failure to have key witnesses sworn before giving evidence rendered their testimony inadmissible and amounted to no evidence in law, necessitating nullification of proceedings and an order for retrial in the interests of justice.

Citation: bundala makoye vs republic 2022 tzca 278 12 may 2022
Parties: Appellant: Bundala Makoye; Respondent: The Republic
Court: TZCA
Jurisdiction: Tanzania
Judgment Date: 12 May 2022
Procedural Posture: Criminal Appeal / Ruling on Appeal From High Court Decision, With Order for Retrial
Outcome: Proceedings of the two courts below nullified; conviction quashed; sentence set aside; retrial ordered.
Legal Topics: Rape, Swearing of Witnesses, Retrial, Evidence Admissibility
Source Language: English

Criminal Law Criminal Procedure Rape Swearing of Witnesses Retrial Evidence Admissibility

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1

Parties

Bundala Makoye

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Ruling on Appeal From High Court Decision, With Order for Retrial

Legal Issues

1 Whether failure to swear witnesses vitiated the evidence and resultant conviction
2 Whether a retrial should be ordered after nullification of proceedings due to unsworn evidence

Ratio Decidendi

Court Disposition

Proceedings of the two courts below nullified; conviction quashed; sentence set aside; retrial ordered.

Orders

Nullification of proceedings related to unsworn evidence of PW1, PW2, and DW1
Quashing of conviction and setting aside of sentence