19881110 TZCA Dar es Salaam

19881110 TZCA Dar es Salaam

The court found that the trial judge correctly applied the doctrine of common intention and that the evidence supported the conviction of all three appellants for murder. The court held that the trial judge was justified in rejecting the assessors' opinions as unhelpful and perverse.

Citation
19881110 TZCA Dar es Salaam
Parties
Appellant: Fahamu Selemani; Appellant: Shomari Mungi; Appellant: Mohamed Abdallah; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
10 November 1988
Procedural Posture
Criminal Appeal / Appeal From Conviction in High Court
Outcome
appeal dismissed
Legal Topics
Murder, Common Intention, Assessment of Evidence, Appeal Procedure
Source Language
English
Criminal Law Murder Common Intention Assessment of Evidence Appeal Procedure

Case Brief

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Parties

Fahamu Selemani

Appellant

Shomari Mungi

Appellant

Mohamed Abdallah

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction in High Court

Legal Issues

  1. 1 Whether the conviction for murder was supported by the evidence
  2. 2 Whether the doctrine of common intention was correctly applied
  3. 3 Whether the trial judge erred in disregarding the assessors' opinions

Ratio Decidendi

The court found that the trial judge correctly applied the doctrine of common intention and that the evidence supported the conviction of all three appellants for murder. The court held that the trial judge was justified in rejecting the assessors' opinions as unhelpful and perverse.

Court Disposition

appeal dismissed

Orders

  • conviction and sentence affirmed for all appellants