20120301 TZCA Arusha

20120301 TZCA Arusha

Only grounds raised in the High Court can be considered on second appeal; evidence of prosecution witnesses was credible; appellant's defence was considered and found lacking merit; appeal dismissed for lack of merit.

Citation
20120301 TZCA Arusha
Parties
Appellant: Juma Manjano; Respondent: Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
1 March 2012
Procedural Posture
Criminal Appeal / Second Appeal
Outcome
appeal dismissed
Legal Topics
Unnatural Offence, Sexual Assault, Appellate Procedure
Source Language
English

Case Brief

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Parties

Juma Manjano

Appellant

Republic

Respondent

Procedural Posture

Criminal Appeal / Second Appeal

  1. 1 Whether the trial court failed to conduct voire dire examination on PW1 before admitting his evidence
  2. 2 Whether there were contradictions and inconsistencies in the prosecution evidence
  3. 3 Whether the courts below failed to consider the appellant's defence

Ratio Decidendi

Only grounds raised in the High Court can be considered on second appeal; evidence of prosecution witnesses was credible; appellant's defence was considered and found lacking merit; appeal dismissed for lack of merit.

Court Disposition

appeal dismissed