NA TZHC Dar es Salaam2

NA TZHC Dar es Salaam2

The trial court erred by admitting the extra-judicial statement without conducting a trial within a trial to determine voluntariness, rendering the conviction unsafe.

Citation
NA TZHC Dar es Salaam2
Parties
Appellant: Hotibu Tengu; Respondent: Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
24 February 1987
Procedural Posture
Criminal Appeal / Final Judgment
Outcome
conviction and sentence set aside
Legal Topics
Murder, Admissibility of Evidence, Extra Judicial Statement, Trial Procedure
Source Language
English

Case Brief

Summary, issues, holding and outcome

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Parties

Hotibu Tengu

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Final Judgment

  1. 1 Whether the extra-judicial statement was admissible
  2. 2 Whether the conviction for murder was proper

Ratio Decidendi

The trial court erred by admitting the extra-judicial statement without conducting a trial within a trial to determine voluntariness, rendering the conviction unsafe.

Court Disposition

conviction and sentence set aside

Orders

  • appeal allowed
  • conviction quashed