mussa jakosa others vs republic 1987 tzca 50 12 october 1987

mussa jakosa others vs republic 1987 tzca 50 12 october 1987

The court found that the prosecution failed to prove beyond reasonable doubt that the appellants committed the murder, as the only evidence was their presence with the deceased and there was reasonable doubt raised by the defence version.

Source-derived case information.

Citation
mussa jakosa others vs republic 1987 tzca 50 12 october 1987
Parties
Appellant: Tomusa Jakosa; Appellant: Leonard Mjilima; Appellant: Sinderi Ally Kilimu; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
12 October 1987
Procedural Posture
Criminal Appeal / Appeal From Conviction in High Court
Outcome
appeal allowed; convictions quashed; appellants acquitted
Legal Topics
Murder, Standard of Proof, Evidence Assessment
Source Language
english
Criminal Law Murder Standard of Proof Evidence Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tomusa Jakosa

Appellant

Leonard Mjilima

Appellant

Sinderi Ally Kilimu

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction in High Court

Legal Issues

  1. 1 Whether the prosecution proved beyond reasonable doubt that the appellants murdered the deceased
  2. 2 Whether the evidence sufficiently linked the appellants to the crime

Ratio Decidendi

The court found that the prosecution failed to prove beyond reasonable doubt that the appellants committed the murder, as the only evidence was their presence with the deceased and there was reasonable doubt raised by the defence version.

Court Disposition

appeal allowed; convictions quashed; appellants acquitted

Orders

  • The appellants are to be released forthwith unless otherwise lawfully held.