19930430 TZCA Dar es Salaam

19930430 TZCA Dar es Salaam

The confessions of all three appellants were found to be voluntary, corroborated by material evidence and each other, and thus sufficient for conviction. The evidence of PW3 was credible and corroborated by the confessions. The motive for the murder was established. The alibi defences were unsupported and not credible, and no notice of alibi was given as required by law. There was no reason to interfere with the convictions or sentences.

Citation
19930430 TZCA Dar es Salaam
Parties
Appellant: Hamis Athuman; Appellant: Harubua Kidham; Appellant: Foti Mtachi; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
30 April 1993
Procedural Posture
Criminal Appeal / Final Appellate Decision
Outcome
appeal dismissed
Legal Topics
Murder, Confession Evidence, Alibi, Corroboration, Admissibility of Evidence
Source Language
English
Criminal Law Murder Confession Evidence Alibi Corroboration Admissibility of Evidence

Case Brief

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Parties

Hamis Athuman

Appellant

Harubua Kidham

Appellant

Foti Mtachi

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the confessions of the appellants were properly admitted and relied upon for conviction
  2. 2 Whether the evidence of PW3 was credible and corroborated
  3. 3 Whether the defence of alibi was properly rejected

Ratio Decidendi

The confessions of all three appellants were found to be voluntary, corroborated by material evidence and each other, and thus sufficient for conviction. The evidence of PW3 was credible and corroborated by the confessions. The motive for the murder was established. The alibi defences were unsupported and not credible, and no notice of alibi was given as required by law. There was no reason to interfere with the convictions or sentences.

Court Disposition

appeal dismissed

Orders

  • Convictions and sentences of all appellants affirmed
  • Appeals dismissed in their entirety