19990115 TZHC Dar es Salaam

19990115 TZHC Dar es Salaam

Convictions of 1st-5th appellants were unsafe due to lack of corroboration and failure to conduct an identification parade; their convictions and sentences were quashed. The conviction of the 6th appellant was upheld as the evidence against him was corroborated and supported by the doctrine of recent possession.

Citation
19990115 TZHC Dar es Salaam
Parties
Appellant: Mussa Bakari Mkajila; Appellant: John Makota alias Fotn; Appellant: Mbaraka Saidi; Appellant: Mohamed Said Alias Buge; Appellant: Patrick Francis; Appellant: Seleman Rashid Kawambwa; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
15 January 1999
Procedural Posture
Criminal Appeal / Judgment on Consolidated Appeals
Outcome
appeals of 1st-5th appellants allowed; appeal of 6th appellant dismissed
Legal Topics
Armed Robbery, Identification Evidence, Corroboration, Identification Parade, Recent Possession
Source Language
English
Criminal Law Armed Robbery Identification Evidence Corroboration Identification Parade Recent Possession

Case Brief

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Parties

Mussa Bakari Mkajila

Appellant

John Makota alias Fotn

Appellant

Mbaraka Saidi

Appellant

Mohamed Said Alias Buge

Appellant

Patrick Francis

Appellant

Seleman Rashid Kawambwa

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment on Consolidated Appeals

Legal Issues

  1. 1 Whether the identification of the accused was sufficient and water-tight under the law
  2. 2 Whether the convictions of the appellants were safe in the absence of an identification parade and corroboration
  3. 3 Whether the doctrine of recent possession applied to the 6th appellant

Ratio Decidendi

Convictions of 1st-5th appellants were unsafe due to lack of corroboration and failure to conduct an identification parade; their convictions and sentences were quashed. The conviction of the 6th appellant was upheld as the evidence against him was corroborated and supported by the doctrine of recent possession.

Court Disposition

appeals of 1st-5th appellants allowed; appeal of 6th appellant dismissed

Orders

  • Convictions and sentences of 1st-5th appellants quashed and set aside; they are to be set at liberty unless otherwise lawfully held.
  • Conviction and sentence of 30 years imprisonment for 6th appellant confirmed.