republic vs savimbi another 2005 tzca 68 19 october 200

republic vs savimbi another 2005 tzca 68 19 october 200

The conditions at the scene were not conducive for proper identification, the sketch plan relied upon by the trial judge was not reliable or properly part of the record, and other evidence (such as blood-stained clothes and the alibi) was insufficient to sustain a conviction. Therefore, the appellants were not properly identified and the conviction could not stand.

Citation
republic vs savimbi another 2005 tzca 68 19 october 200
Parties
Appellant: Clement John Savimbi; Appellant: Haji Salum Selemani Lukinga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 January 2005
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Murder, Identification Evidence, Appeal, Alibi, Conviction, Sentence
Source Language
English
Criminal Law Murder Identification Evidence Appeal Alibi Conviction Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Clement John Savimbi

Appellant

Haji Salum Selemani Lukinga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellants were properly identified as perpetrators of the murder
  2. 2 Whether the evidence was sufficient and credible to link the appellants to the offence

Ratio Decidendi

The conditions at the scene were not conducive for proper identification, the sketch plan relied upon by the trial judge was not reliable or properly part of the record, and other evidence (such as blood-stained clothes and the alibi) was insufficient to sustain a conviction. Therefore, the appellants were not properly identified and the conviction could not stand.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside