samwel samson masatu and 2 others vs the republic 2000 tzca 7 4 september 2000
Conviction for murder cannot be sustained where cause of death is not established and no evidence connects the accused to the death.
- Citation
- samwel samson masatu and 2 others vs the republic 2000 tzca 7 4 september 2000
- Parties
- Appellant: Samwel Samson Masatu; Appellant: Limbu Sungwa; Appellant: Rube Shija; Respondent: The Republic
- Court
- TZCA
- Jurisdiction
- Tanzania
- Judgment Date
- 4 September 2000
- Procedural Posture
- Criminal Appeal / Appeal From Conviction and Sentence
- Outcome
- appeal allowed
- Legal Topics
- Murder, Defamation, Unlawful Detention, Causation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Samwel Samson Masatu
Appellant
Limbu Sungwa
Appellant
Rube Shija
Appellant
The Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Legal Issues
- 1 Whether the appellants were lawfully convicted of murder
- 2 Whether evidence connected the appellants to the death of the deceased
- 3 Whether cause of death was established
Ratio Decidendi
Conviction for murder cannot be sustained where cause of death is not established and no evidence connects the accused to the death.
Court Disposition
appeal allowed
Orders
- convictions quashed
- sentences set aside
Full Case Text
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