20040909 TZCA Dar es Salaam

20040909 TZCA Dar es Salaam

There was cogent and credible evidence that the appellant, acting in concert with the deceased, corruptly solicited and received money from TLTC. The High Court was justified in overturning the acquittal as the trial court misapprehended material facts and misdirected itself on the law regarding constructive possession and the relevance of exhibits.

Citation
20040909 TZCA Dar es Salaam
Parties
Appellant: Ezekiel Michael @ Mika; Appellant (deceased, Appeal Abated): Abdallah Mwinyimkuu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
9 September 2004
Procedural Posture
Criminal Appeal / Second Appeal (court of Appeal)
Outcome
appeal dismissed
Legal Topics
Corruption, Solicitation of Bribes, Constructive Possession, Appellate Review of Facts
Source Language
English
Criminal Law Anti Corruption Corruption Solicitation of Bribes Constructive Possession Appellate Review of Facts

Case Brief

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Parties

Ezekiel Michael @ Mika

Appellant

Abdallah Mwinyimkuu

Appellant (deceased, Appeal Abated)

The Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal (court of Appeal)

Legal Issues

  1. 1 Whether there was credible evidence that the appellant corruptly solicited and received money from TLTC
  2. 2 Whether failure to tender certain exhibits (money, account books) was fatal to the prosecution case
  3. 3 Whether the High Court erred in interfering with the trial court's findings of fact

Ratio Decidendi

There was cogent and credible evidence that the appellant, acting in concert with the deceased, corruptly solicited and received money from TLTC. The High Court was justified in overturning the acquittal as the trial court misapprehended material facts and misdirected itself on the law regarding constructive possession and the relevance of exhibits.

Court Disposition

appeal dismissed

Orders

  • Conviction and sentence of fifteen years imprisonment on each count upheld