20060524 TZHC Dar es Salaam B

20060524 TZHC Dar es Salaam B

The conviction was unsafe as the main prosecution witness was a criminal suspect with possible malice, and the supporting evidence was insufficient and doubtful.

Citation
20060524 TZHC Dar es Salaam B
Parties
Appellant: George Mapunda; Appellant: Wemma Abdallah; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 May 2006
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Corruption, Appeals, Evidence, Bribery
Source Language
English

Case Brief

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Parties

George Mapunda

Appellant

Wemma Abdallah

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the appellants solicited and received a bribe of shs 30,000/= from Azizi Raisi as an inducement not to arrest him in connection with theft of DAWASA water pipes
  2. 2 Whether the conviction was safe based on the evidence presented

Ratio Decidendi

The conviction was unsafe as the main prosecution witness was a criminal suspect with possible malice, and the supporting evidence was insufficient and doubtful.

Court Disposition

appeal allowed

Orders

  • conviction quashed
  • sentence set aside