19780522 TZHC Mwanza

19780522 TZHC Mwanza

There was no credible evidence that the money ever came into the appellant's possession; doubts created by lack of independent witness corroboration necessitate acquittal.

Citation
19780522 TZHC Mwanza
Parties
Appellant: Sopeter Maikoko; Respondent: The Republic
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
22 May 1978
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Corruption, Evidence, Police Procedure
Source Language
English

Case Brief

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Parties

Sopeter Maikoko

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the appellant corruptly obtained money as alleged
  2. 2 Whether there was sufficient evidence to prove possession of the money by the appellant

Ratio Decidendi

There was no credible evidence that the money ever came into the appellant's possession; doubts created by lack of independent witness corroboration necessitate acquittal.

Court Disposition

appeal allowed

Orders

  • conviction and sentence quashed
  • appellant to be released from custody forthwith unless further lawfully held