19930807 TZCA Dar es Salaam

19930807 TZCA Dar es Salaam

Convictions of Kessi and Selina were based solely on Omari's extrajudicial statement, which was not a confession and inadmissible against them; conflict of interest deprived Omari of adequate defence; evidence against Omari was weak and retrial not in interest of justice.

Citation
19930807 TZCA Dar es Salaam
Parties
Appellant: Omari Issa Mohamed; Appellant: Kessi Omari Selina; Appellant: Selina Ali Naboga; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
7 August 1993
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
appeal allowed
Legal Topics
Murder, Conflict of Interest, Admissibility of Evidence, Retracted Statements
Source Language
English
Criminal Law Murder Conflict of Interest Admissibility of Evidence Retracted Statements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Omari Issa Mohamed

Appellant

Kessi Omari Selina

Appellant

Selina Ali Naboga

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether conflict of interest affected the fairness of trial for Omari Issa Mohamed
  2. 2 Whether the extrajudicial statement of Omari was admissible against Kessi and Selina
  3. 3 Whether conviction based on retracted and uncorroborated extrajudicial statement is valid

Ratio Decidendi

Convictions of Kessi and Selina were based solely on Omari's extrajudicial statement, which was not a confession and inadmissible against them; conflict of interest deprived Omari of adequate defence; evidence against Omari was weak and retrial not in interest of justice.

Court Disposition

appeal allowed

Orders

  • Convictions of all appellants quashed
  • Death sentences set aside