na TZHC Dar es salaam 2

na TZHC Dar es salaam 2

Due to extreme discrepancies and contradictions in the prosecution evidence and the defence evidence, and the lack of reliable proof beyond reasonable doubt, the convictions for corruption cannot be sustained.

Citation
na TZHC Dar es salaam 2
Parties
Appellant: Evanswile Ip'elland; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
1 January 1971
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Corruption, Transport Licensing, Public Carrier's Licence
Source Language
English
Criminal Law Corruption Transport Licensing Public Carrier's Licence

Case Brief

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Parties

Evanswile Ip'elland

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant permitted a motor vehicle to carry goods and passengers for hire or reward without a public carrier's licence
  2. 2 Whether the appellant committed corrupt transactions with an agent

Ratio Decidendi

Due to extreme discrepancies and contradictions in the prosecution evidence and the defence evidence, and the lack of reliable proof beyond reasonable doubt, the convictions for corruption cannot be sustained.

Court Disposition

appeal allowed in part

Orders

  • Convictions and sentences for corruption quashed and set aside
  • Conviction and sentence on first count (transport licensing offence) stand unaffected