19911010 TZHC Dar es Salaam

19911010 TZHC Dar es Salaam

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.

Citation
19911010 TZHC Dar es Salaam
Parties
Prosecution: Republic; Accused: Japhet Mwanahemba
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
10 October 1991
Procedural Posture
Criminal / Ruling on No Case to Answer
Outcome
acquittal
Legal Topics
Murder, No Case to Answer, Evidence Evaluation
Source Language
English
Criminal Law Murder No Case to Answer Evidence Evaluation

Case Brief

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Parties

Republic

Prosecution

Japhet Mwanahemba

Accused

Procedural Posture

Criminal / Ruling on No Case to Answer

Legal Issues

  1. 1 Whether there is sufficient evidence to require the accused to enter his defence on a charge of murder

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

Orders

  • The accused is found not guilty and is acquitted and discharged.
  • Court assessors thanked and discharged.