ezra mkota another vs republic 2015 tzca 154 8 june 2015

ezra mkota another vs republic 2015 tzca 154 8 june 2015

Non-compliance with section 291(3) of the Criminal Procedure Act required expulsion of the post mortem report, but this did not occasion a failure of justice as the fact of death was not disputed. The identification evidence from PW1 and PW2 was credible and reliable, placing the appellants at the scene beyond reasonable doubt. The appeal lacked merit and was dismissed.

Citation
ezra mkota another vs republic 2015 tzca 154 8 june 2015
Parties
Appellant: Ezra Mkota; Appellant: Majuto Ismail; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
8 June 2015
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
appeal dismissed
Legal Topics
Murder, Identification Evidence, Admissibility of Evidence, Procedural Compliance
Source Language
English
Criminal Law Murder Identification Evidence Admissibility of Evidence Procedural Compliance

Case Brief

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Parties

Ezra Mkota

Appellant

Majuto Ismail

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the post mortem examination report was properly admitted in evidence
  2. 2 Whether the appellants were properly identified as the perpetrators of the offence

Ratio Decidendi

Non-compliance with section 291(3) of the Criminal Procedure Act required expulsion of the post mortem report, but this did not occasion a failure of justice as the fact of death was not disputed. The identification evidence from PW1 and PW2 was credible and reliable, placing the appellants at the scene beyond reasonable doubt. The appeal lacked merit and was dismissed.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence affirmed