Tanzania Case Law

Criminal Appeal No

Court

TANZLII

The conviction was quashed because the disposal order for the warthog meat was issued by a court lacking jurisdiction and in the absence of the appellant, rendering the key exhibit inadmissible. With the disposal order and caution statement both expunged, there was no admissible evidence to sustain the conviction for unlawful possession of government trophies.

Source excerpt

• Unlawful possession of government trophies
• Admissibility of evidence
• Jurisdiction of court
• Procedure for disposal of perishable exhibits
• Caution statement admissibility

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Isihaka Amani Suka

Court

TANZLII

The caution statement was expunged due to non-compliance with mandatory legal provisions, but the remaining oral and documentary evidence, including independent witness testimony and uncontested exhibits, proved the prosecution's case beyond reasonable doubt. Procedural irregularities and delay in arraignment did not result in injustice or affect the outcome.

Source excerpt

• Unlawful possession of government trophies
• Unlawful dealing in government trophies
• Procedural irregularities
• Identification evidence
• Delay in arraignment
• Caution statement admissibility

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pembe so abdallah mkali vs the republic 2021 tzhc 12514 30 september 2021

Court

TZHC

The appeal was dismissed because the evidence of the child victim was properly admitted, identification was reliable as the appellant was well known to the witnesses, the caution statement was expunged but there was sufficient other evidence, the omission to cite the sentencing provision was not fatal, and the prosecution proved the case beyond reasonable doubt.

Source excerpt

• Rape
• Evidence of child witnesses
• Identification evidence
• Defective charge
• Caution statement admissibility
• Standard of proof

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20170224 TZCA Bukoba

Court

TZCA

The Court of Appeal dismissed a criminal application for review, holding that the applicant’s complaints sought re-assessment of evidence, which is not a ground for review under Rule 66(1).

• Review of appellate decisions
• Grounds for review
• Murder vs. manslaughter
• Evidentiary contradictions
• Caution statement admissibility
• Criminal-appeal-review

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20141205 TZHC Iringa2

Court

TZHC

The High Court allowed a criminal appeal against an armed robbery conviction, finding weak identification evidence, improper caution statements, and failure to consider alibi.

• Armed robbery
• Identification evidence
• Caution statement admissibility
• Standard of proof
• Defence of alibi
• Armed-robbery

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N

Court

TZCA

The charge sheet was fatally defective for failing to specify the person against whom violence was directed, an essential ingredient of armed robbery. Additionally, there was no evidence of theft, another essential element. These defects rendered the trial unfair and incurable, necessitating the quashing of proceedings and conviction without an order for retrial.

Source excerpt

• Defective charge sheet
• Armed robbery
• Conspiracy
• Proof of theft
• Identification evidence
• Caution statement admissibility

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19880728 TZCA Dar es Salaam 1

Court

TZCA

The Court of Appeal dismissed a murder appeal, upholding the death sentence and finding no evidence for insanity. It also held the caution statement was admissible.

• Murder
• Defence of insanity
• Manslaughter
• Caution statement admissibility
• Criminal-law
• Insanity-defence

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