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Tanzania Case Law

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Criminal law SHILINDE JUDGMENT

SHILINDE JUDGMENT

The prosecution failed to establish an unbroken chain of custody for the narcotic drugs, and did not call a key material witness (Kapilima) to explain missing links, creating reasonable doubt as to the integrity of the evidence. This failure was material and prejudicial, warranting the quashing of the conviction and sentence.

  • Narcotic drugs
  • Chain of custody
  • Standard of proof
  • Adverse inference
  • Competency of witnesses
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Criminal law paschal so john munisi vs republic 2024 tzca 71 20 february 2024

paschal so john munisi vs republic 2024 tzca 71 20 february 2024

The Court of Appeal allowed a criminal appeal over unlawful possession of government trophy, finding a broken chain of custody, material contradictions, and an unresolved defence.

  • Unlawful possession of government trophy
  • Chain of custody
  • Contradictions in evidence
  • Failure to call material witness
  • Standard of proof
  • Adverse inference
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Criminal law swalehe ngoma another vs republic 2023 tzca 17965 14 december 2023

swalehe ngoma another vs republic 2023 tzca 17965 14 december 2023

The Court of Appeal allowed a criminal appeal over unlawful possession of government trophies, citing chain-of-custody doubts, missing visitor records, and weak identification.

  • Unlawful possession of government trophies
  • Chain of custody
  • Adverse inference
  • Proof beyond reasonable doubt
  • Criminal-appeal
  • Chain-of-custody
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Criminal law salum omary mgogo versus republic 2023 tzhc 23346 8 december 2023

salum omary mgogo versus republic 2023 tzhc 23346 8 december 2023

The High Court partly allowed a criminal appeal, quashing a stealing conviction after finding the prosecution failed to call a material witness, creating reasonable doubt.

  • Stealing
  • Standard of proof
  • Right to be heard
  • Material witness
  • Adverse inference
  • Criminal-law
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Land law simon mugejwa another vs ibrahim s magembe 2023 tzca 17440 20 july 2023

simon mugejwa another vs ibrahim s magembe 2023 tzca 17440 20 july 2023

The appellants failed to prove exclusive ownership or uninterrupted possession of the disputed land. The respondent's acquisition of the land was supported by prior litigation and subsequent transfer from Rwandiko Mashalla. The trial judge's findings were justified, and the appeal lacked merit.

  • Land ownership dispute
  • Trespass to land
  • Burden of proof
  • Res judicata
  • Adverse inference
  • Pleadings and parties
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Criminal law republic vs said salum kaghembe 2023 tzhcced 6 13 june 2023

republic vs said salum kaghembe 2023 tzhcced 6 13 june 2023

High Court acquitted the accused in a narcotics trafficking trial, finding the prosecution failed to prove the case beyond reasonable doubt.

  • Trafficking in narcotic drugs
  • Burden of proof
  • Admissibility of oral confession
  • Failure to call key witnesses
  • Adverse inference
  • Narcotics-trafficking
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Criminal law CRIMINAL APPEAL NO 212 OF 2023 KHASIMU ZUBERY NJUGU VS THE REPUBLIC

CRIMINAL APPEAL NO 212 OF 2023 KHASIMU ZUBERY NJUGU VS THE REPUBLIC

The circumstantial evidence, corroborated by multiple witnesses and supported by physical exhibits, established the appellant's guilt beyond reasonable doubt. Minor contradictions and alleged chain of custody defects did not undermine the prosecution's case, and failure to summon a listed witness did not warrant adverse inference under the Evidence Act.

  • Murder
  • Circumstantial evidence
  • Chain of custody
  • Burden of proof
  • Adverse inference
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Criminal law CRIMINAL APPEAL NO

CRIMINAL APPEAL NO

The prosecution failed to prove the case beyond reasonable doubt due to material contradictions in the evidence, failure to call key witnesses, and doubts regarding the credibility of the prosecution's case. The benefit of the doubt must go to the appellant.

  • Rape
  • Burden of proof
  • Credibility of witnesses
  • Adverse inference
  • Defective charge
  • Contradictory evidence
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Contract law Mahesh Patel v Stelios fnl

Mahesh Patel v Stelios fnl

The plaintiff failed to prove the existence of a valid contract due to lack of evidence regarding the underlying transaction, discrepancies in dates and documents, and failure to call material witnesses. Without proof of contract, claims for breach and loss collapse.

  • Existence of contract
  • Breach of contract
  • Burden of proof
  • Adverse inference
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.