19831129 TZHC Dar es Salaam

The conviction could not be supported as it depended solely on the unreliable evidence of P.W.1, whose testimony was inconsistent and uncorroborated.

Citation: 19831129 TZHC Dar es Salaam
Parties: Appellant: Comwel s/o Mkoma; Respondent: The Republic
Court: TZHC
Jurisdiction: Tanzania
Judgment Date: 29 November 1983
Procedural Posture: Criminal Appeal / Appeal From Conviction and Sentence of the High Court at Mbeya
Outcome: Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless lawfully held for another cause.
Legal Topics: Murder, Identification Evidence, Alibi, Appeal Procedure
Source Language: English

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Comwel s/o Mkoma

Appellant

The Republic

Respondent

Criminal Appeal / Appeal From Conviction and Sentence of the High Court at Mbeya

1 Whether the appellant was properly identified as the person who stabbed the deceased
2 Whether the conviction was safe based solely on the evidence of P.W.1

The conviction could not be supported as it depended solely on the unreliable evidence of P.W.1, whose testimony was inconsistent and uncorroborated.

Appeal allowed; conviction quashed; sentence set aside; appellant to be released unless lawfully held for another cause.