loji ngao vs the republic 2021 tzhc 9465 6 december 2021

loji ngao vs the republic 2021 tzhc 9465 6 december 2021

The appeal was dismissed because the trial court complied with the law regarding child witness testimony, the expert medical evidence was credible, there were no material contradictions in the prosecution's evidence, and the failure to call Neema as a witness did not affect the prosecution's case.

Citation
loji ngao vs the republic 2021 tzhc 9465 6 december 2021
Parties
Appellant: Loji Ngao; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
6 December 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Rape, Evidence, Child Witness, Appeals, Sentencing
Source Language
English

Case Brief

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Parties

Loji Ngao

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

  1. 1 Whether the trial court erred by receiving the evidence of the victim without conducting voire dire
  2. 2 Whether the trial court erred in relying on the expert evidence of the medical doctor (PW4)
  3. 3 Whether the trial court erred in relying on the allegedly contradictory evidence of PW3

Ratio Decidendi

The appeal was dismissed because the trial court complied with the law regarding child witness testimony, the expert medical evidence was credible, there were no material contradictions in the prosecution's evidence, and the failure to call Neema as a witness did not affect the prosecution's case.

Court Disposition

appeal dismissed

Orders

  • Conviction and sentence of life imprisonment by the trial District Court are upheld