Tanzania Case Law

rweyemamu zakaria

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant committed statutory rape and impregnated a schoolgirl, based on the victim's and supporting witnesses' evidence, proof of age, and corroborative documents. DNA evidence was not required, and the cautioned statement's admissibility did not affect the outcome. The appellant's defence did not raise reasonable doubt.

Source excerpt

• Rape
• Impregnating a schoolgirl
• Statutory rape
• Defective charge
• Admissibility of evidence
• Proof of age

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matibya n ghabi vs republic 2024 tzca 34 14 february 2024

Court

TZCA

The Court of Appeal allowed a criminal appeal, finding the prosecution had not proved beyond reasonable doubt that the complainant was a secondary school student and that the appellant impregnated her.

• Burden of proof
• Standard of proof
• Evidence requirements
• Offence of impregnating a school girl
• Burden-of-proof
• Standard-of-proof

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DC

Court

TANZLII

The appeal was dismissed because the prosecution proved beyond reasonable doubt that the appellant raped and impregnated a 16-year-old schoolgirl, and the absence of DNA evidence or birth certificate did not undermine the proof. The trial court's failure to evaluate the defence or procedural irregularities in sentencing did not occasion injustice as the right to be heard was observed and the evidence was credible.

Source excerpt

• Rape
• Statutory rape
• Impregnation of school girl
• Proof of age
• Evidence evaluation
• Sentencing in absentia

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MASANJA JUDGMENT

Court

TANZLII

The conviction for impregnating a school girl was upheld based on the credible and corroborated evidence of the victim and other witnesses; DNA evidence is not a legal requirement. The maximum sentence of 30 years was set aside because the trial court failed to provide reasons and consider mitigating factors; a sentence of 7 years was substituted as appropriate.

Source excerpt

• Impregnating a school girl
• Sentencing discretion
• Evidence in sexual offences
• Customary marriage and statutory offences

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maganiko petro vs republic 2023 tzca 17545 29 august 2023

Court

TZCA

The conviction was upheld as the prosecution proved the case beyond reasonable doubt, supported by consistent witness testimony and the appellant's failure to challenge the evidence. The sentence was reduced from thirty to ten years as the law provides a maximum, not mandatory, sentence and the trial court acted on a wrong principle.

Source excerpt

• Impregnation of a school girl
• Sentencing discretion
• Standard of proof
• Failure to cross-examine
• Mitigating factors

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JUMA MUSA SWALEHE VS THE IAA

Court

TANZLII

The applicant met all statutory conditions for leave to apply for judicial review: timely filing, sufficient interest, exhaustion of remedies, and existence of a prima facie case. The lack of response from the Governing Council constituted exhaustion of local remedies.

Source excerpt

• Judicial review
• Mandamus
• Certiorari
• Natural justice
• Student discontinuation

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batista ngwale vs republic 2023 tzhc 19737 22 july 2023

Court

TZHC

High Court upheld a conviction for impregnating a schoolgirl, finding the victim’s credible evidence and medical proof sufficient, but reduced the 30-year sentence to three years.

• Impregnation of a school girl
• Sentencing discretion
• Corroboration in sexual offences
• Impregnation-of-a-school-girl
• Sentencing-discretion
• Corroboration-in-sexual-offences

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shagi mangoma vs republic 2023 tzca 17396 12 july 2023

Court

TZCA

The Court of Appeal upheld Shagi Mang'oma’s conviction for impregnating a schoolgirl, but reduced his sentence from 30 years to 6 years after finding the maximum term excessive.

• Impregnation of school girl
• Sentencing discretion
• Burden of proof
• Credibility of witnesses
• Criminal-law
• Education-law

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james g kusaga vs sebastian kolowa memorial university sekomu 2023 tzca 17341 15 june 2023

Court

TZCA

The Court of Appeal set aside a university discontinuation after finding the appellant was not shown to have been heard before the decision.

• Right to be heard
• Natural justice
• Judicial review
• University disciplinary proceedings
• Right-to-be-heard
• Natural-justice

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wambura sukuru nyangombori vs the republic 2023 tzhc 17398 22 may 2023

Court

TZHC

The prosecution failed to prove the offences against the appellant beyond reasonable doubt due to unreliable identification, improper admission of the victim's statement, and lack of cogent evidence linking the appellant to the crimes. The conviction and sentence cannot stand.

Source excerpt

• Rape
• Statutory rape
• Impregnating a school girl
• Preventing school attendance
• Admissibility of evidence
• Identification of accused

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