19911010 TZHC Dar es Salaam
- Citation
- 19911010 TZHC Dar es Salaam
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- TZHC
- Decision
- 10 October 1991
- Posture
- Criminal / Ruling on No Case to Answer
- Language
- English
More details
- Court
- TZHC
- Decision
- 10 October 1991
- Posture
- Criminal / Ruling on No Case to Answer
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The evidence presented by the prosecution was contradictory and insufficient to establish a prima facie case against the accused; therefore, the accused cannot be called upon to defend mere suspicions.
Court disposition
acquittal
Orders
- The accused is found not guilty and is acquitted and discharged.
- Court assessors thanked and discharged.
02
Material facts
Parties
Republic
ProsecutionJaphet Mwanahemba
Accused03
Procedural history
Posture
Criminal / Ruling on No Case to Answer
04
Questions and positions
Legal issues
Whether there is sufficient evidence to require the accused to enter his defence on a charge of murder
Party arguments
- Applicant
- The defence submitted that there was not enough evidence from the prosecution to require the accused to enter his defence.
- Respondent
- The prosecution closed its case, relying on evidence from its witnesses.
05
Court’s reasoning
Legal principles
- 01
Section 293 of the Criminal Procedure Act 1985
At the close of the prosecution case, the court must determine if there is evidence upon which it can convict the accused if no defence is offered.
06
Ratio, limits and disposition
Ratio decidendi
The evidence presented by the prosecution was contradictory and insufficient to establish a prima facie case against the accused; therefore, the accused cannot be called upon to defend mere suspicions.
Court disposition
acquittal
- The accused is found not guilty and is acquitted and discharged.
- Court assessors thanked and discharged.
Source and reliance status
TZHC · 10 October 1991
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Judgment reading view
Judgment text
The complete available source text.
TZHC
Judgment· 10 October 1991
~~~f~~,:•~1 . ,~'- .' ··~·, ; ~-I IN TH£ Hl_J::I COURT OF T.1.LNZii.NI.il.
AT DAR ES SALAAM
ORIGINAL JURISDICTION . . I en. SESSIONS cs NO 54/1990 RE?UBLIC VERSUS_••••• _._. • , • •,.• J.tlPHET MWANAHEMBA .••• _, • _.. • ,..., RUtING LUGAKINGIRA 1 J s When the prosecution closed its· case in th~s proceeding of uurdey, the defence subwitted that there was not enough evidence·frow ~he ~rosecution to require the accused to enter his defence. The quest~pn under s. 293 of the Cri~inal ?rocedure Act 1985 is ··••f • '✓ whether at tbia stage there is evidenqe upon which the Court can hold that the acc~s·ed is guilty of m:urder or a-~y other offence if he does n~t defend hims~lf I ~ave no hesitation in saying that there is no such evidence,. ! The eyidence of the star witnesses, . .PWI and ?W2 is so cont:radictor1 and at times· i': childish that no court of law- properly• directi~g itself can convict the accused of the offence cha.l'ged or ·any· offence if he does nut enter his iefence. It seeus to ~e that the case against the aecused was found.ed. on··1uspioLms bec.iuse of the alleged feud between accused and the deceased 1 s husband. But tha Court cannot call upon the accused to defend suspioi,ons; ·it cnn Jnly do so for the ,ccused to dete.nd credible, evidence, .!=ind this evi::ence we do not have in this case. J~· I therefore uphold the subr.iission of the defence and find that the accused is.not guilty and acquit an::1 d.ischarge Jhiw,. - ~ • . ·~-f:~, . K:"'s·~·K-:\VGAK .· GIRA
JUDGE . ·1J/10/91 Court, li.ssessors thanked and disch.arged. -:k. J: ~ "-~ 4· ;L°ti'GAKINGIRA
JUDGE DllR ES Sli.Li.AM 10th October, 1991 •.
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