Tanzania Case Law

RULING RAAWYA HERMOHAMED VS WAZIR MASHIR SOCIAL WELFARE FINAL

Court

TANZLII

The applicants met the legal threshold for leave by filing within time, demonstrating sufficient interest, and raising an arguable case regarding the lawfulness of the respondents' actions in halting investigations, handing over the victim, and failing to arrest the suspect. The absence of a final decision by the IGP does not preclude the existence of an arguable case, and no statutory remedy requiring exhaustion was shown to exist.

Source excerpt

• Judicial review
• Leave to apply for judicial review
• Mandamus
• Certiorari
• Prohibition
• Police investigations

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ngeleka masome vs republic 2023 tzhc 22607 10 november 2023

Court

TZHC

The High Court partly allowed a criminal appeal, upholding the rape conviction and sentence but setting aside the conviction for malicious transmission of HIV.

• Rape
• Hiv transmission
• Standard of proof
• Evidence
• Child protection
• Criminal-appeal

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kaburiwazi mohamed yassin vs republic 2023 tzhc 22813 30 october 2023

Court

TZHC

High Court dismissed a criminal appeal against a rape conviction, holding that the victim’s evidence and medical evidence proved penetration and age.

• Rape
• Sexual offences
• Evidence
• Child protection
• Sexual-offences
• Child-witness-evidence

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KELVIN PUNGAMA VS THE REPUBLIC

Court

TANZLII

There was reasonable doubt as to whether the victim was raped, due to procedural irregularities in admitting evidence and medical findings suggesting alternative causes for the victim's symptoms; thus, the conviction could not be sustained.

Source excerpt

• Rape
• Evidence
• Procedure
• Child protection

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elias njile versus republic 2023 tzhc 19988 7 august 2023

Court

TZHC

The High Court allowed a criminal appeal for severe trafficking in persons, finding the prosecution did not prove beyond reasonable doubt that the appellant used the child for begging.

• Trafficking in persons
• Burden of proof
• Evidence
• Child protection
• Criminal-appeal
• Human-trafficking

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jaba john vs republic 2022 tzhc 15105 13 december 2022

Court

TZHC

The High Court at Mwanza dismissed a criminal appeal against life imprisonment for rape of a 7-year-old girl, finding age and penetration proved beyond reasonable doubt.

• Rape
• Evidence
• Procedure
• Child protection
• Criminal-appeal
• Child-victim

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huruma sibonike vs republic 2022 tzca 780 7 december 2022

Court

TZCA

The Court of Appeal dismissed a second criminal appeal against a rape conviction, upholding the admission of the cautioned statement and the concurrent findings on penetration and credibility.

• Rape
• Evidence
• Appeals
• Child protection
• Criminal-appeal
• Cautioned-statements

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Halfan Hamadi Tofiki

Court

TANZLII

The appeal was dismissed because the trial court properly admitted the evidence of child witnesses in compliance with the law, the prosecution proved the charge of rape beyond reasonable doubt, the alleged procedural irregularities did not occasion a miscarriage of justice, and the defence was properly considered. The conviction and sentence were confirmed.

Source excerpt

• Rape
• Child protection
• Criminal procedure
• Evidence
• Appeals

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CRIMINAL APPEAL NOUWESU YAHAYA NAJUMU NEWNEWNEW

Court

TANZLII

The conviction was unsafe because the prosecution failed to prove the charge of rape beyond reasonable doubt, the evidence was riddled with inconsistencies and doubts, the documentary exhibits were not properly admitted, and the context of the relationship and parental awareness was not properly considered. The trial court erred in convicting the appellant.

Source excerpt

• Rape
• Evidence
• Standard of proof
• Child protection

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isaya john vs republic 2019 tzca 110 8 may 2019

Court

TZCA

Court of Appeal upheld an appealable rape conviction, rejected new factual grounds, expunged the PF3, and substituted the sentence with life imprisonment.

• Rape
• Sentencing
• Evidence
• Appeals
• Child protection
• Criminal-appeal

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