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
Case Brief
Summary, issues, holding and outcome
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Parties
The Republic
Prosecution
Ibrahim Abdillah Jama
Accused
Procedural Posture
Criminal / Final Judgment
Legal Issues
- 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.
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