19870518 TZHC Tabora

19870518 TZHC Tabora

The prosecution failed to prove beyond reasonable doubt that the accused was in unlawful possession of the gemstones, as the evidence was contradictory and the ownership of the handbag remained unchallenged.

Citation
19870518 TZHC Tabora
Parties
Prosecution: The Republic; Accused: Ibrahim Abdillah Jama
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
18 May 1987
Procedural Posture
Criminal / Final Judgment
Outcome
acquittal
Legal Topics
Unlawful Possession, Gemstones, Burden of Proof
Source Language
English

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Parties

The Republic

Prosecution

Ibrahim Abdillah Jama

Accused

Procedural Posture

Criminal / Final Judgment

  1. 1 Whether the accused was in unlawful possession of gemstones contrary to section 3 of the Gemstone Industry Act, 1967 and sections 56(1) and 59(2) of the Economic and Organised Crime Control Act, 1984

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused was in unlawful possession of the gemstones, as the evidence was contradictory and the ownership of the handbag remained unchallenged.

Court Disposition

acquittal

Orders

  • Accused found not guilty and acquitted forthwith.
  • Exhibit A forfeited to the Republic.