jafeth manyasi manyonyi vs republic 2023 tzca 17812 9 november 2023
The prosecution failed to prove the charge due to inconsistencies in the evidence regarding the date of the offence, improper admission of the child witness's testimony, and failure to properly admit documentary evidence.
- Citation
- jafeth manyasi manyonyi vs republic 2023 tzca 17812 9 november 2023
- Parties
- Appellant: Jafeth Manyasi @ Manyonyi; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 9 November 2023
- Procedural Posture
- Criminal Appeal / Final Appellate Judgment
- Outcome
- appeal allowed
- Legal Topics
- Rape, Evidence, Procedure, Child Witness, Document Admission
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Parties
Jafeth Manyasi @ Manyonyi
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the evidence tendered at trial was at variance with the charge
- 2 Whether the evidence of PW1 should be expunged for lack of proper promise to tell the truth
- 3 Whether the prosecution proved the case beyond reasonable doubt
Ratio Decidendi
The prosecution failed to prove the charge due to inconsistencies in the evidence regarding the date of the offence, improper admission of the child witness's testimony, and failure to properly admit documentary evidence.
Court Disposition
appeal allowed
Orders
- appellant released from prison and set at liberty unless held for other lawful cause
Full Case Text
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