Tanzania Case Law

20180927 TZCA Dar es Salaam

Court

TZCA

Discrepancies in prosecution evidence were immaterial and did not affect the substance of the case; chain of custody of narcotic drugs was sufficiently established; burden of proof remained with prosecution; written statement was properly admitted as no objection was raised; judge gave reasons for differing with assessors; value of narcotic drugs was properly used for sentencing as per statutory requirements.

Source excerpt

• Trafficking in narcotic drugs
• Chain of custody
• Evidence
• Burden of proof
• Sentencing
• Admissibility of written statements

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chukwudi denis okechukwu others vs republic 2018 tzca 255 17 september 2018

Court

TZCA

The Court found that the discrepancies in the prosecution evidence were trivial and did not undermine the prosecution case, the chain of custody of the narcotic drugs was properly established, the burden of proof was not shifted to the appellants, the written statement was properly admitted as there was no objection, the trial judge gave adequate reasons for differing from assessors, and the value of the narcotic drugs assessed for bail was properly used for sentencing. The appeal was dismissed in its entirety.

Source excerpt

• Trafficking in narcotic drugs
• Chain of custody
• Evidentiary contradictions
• Burden of proof
• Role of assessors
• Admissibility of written statements

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20180629 TZHC Mwanza

Court

TZHC

The High Court allowed a rape appeal, quashed the conviction and sentence, and found the trial court wrongly admitted written statements and failed child-witness procedure.

• Rape
• Child witness
• Admissibility of written statements
• Procedure for tender age witnesses
• Criminal-appeal
• Child-witness

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20170823 TZHC Mwanza

Court

TZHC

The prosecution failed to prove the case beyond reasonable doubt due to inconsistencies in the evidence of the main witness, improper admission of a written statement, and doubts regarding the timing and nature of the injury, all of which must benefit the appellant.

Source excerpt

• Armed robbery
• Evidence
• Credibility of witness
• Standard of proof
• Admissibility of written statements

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19911002 TZHC Tabora4

Court

TZHC

The High Court allowed a cattle theft appeal, finding that written police statements were improperly admitted and the remaining evidence could not sustain conviction.

• Cattle theft
• Admissibility of written statements
• Burden of proof
• Cattle-theft
• Evidence-law
• Criminal-appeal

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