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Tanzania Case Law

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Criminal law NGELEJA JOHN V

NGELEJA JOHN V

The High Court dismissed a criminal appeal against convictions for unnatural offence and attempted unnatural offence, holding the prosecution proved the case beyond reasonable doubt.

  • Unnatural offence
  • Attempt to commit unnatural offence
  • Evidence in sexual offences
  • Identification evidence
  • Standard of proof
  • Child witness testimony
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Criminal law halfan rajabu mohamed vs republic 2023 tzca 178 6 april 2023

halfan rajabu mohamed vs republic 2023 tzca 178 6 april 2023

Court of Appeal upheld a life sentence for unnatural offence against a child, rejecting complaints about date variance, child testimony, and a confession.

  • Unnatural offence
  • Sexual offences against children
  • Standard of proof
  • Admissibility of evidence
  • Confession
  • Child witness testimony
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Criminal law Judgement Criminal Appeal No

Judgement Criminal Appeal No

Variance in victim's age between charge and evidence was minor and curable; prosecution proved victim was under 18. Omission to read admitted exhibit required expunging, but oral evidence sufficed. Child witness testimony was properly admitted. Appellant was afforded right to cross-examine. Prosecution proved statutory rape beyond reasonable doubt; appeal dismissed.

  • Statutory rape
  • Proof of age
  • Admissibility of evidence
  • Fair trial
  • Child witness testimony
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Criminal law ally nassoro majala mzee wa pazo vs republic 2022 tzhc 15384 15 december 2022

ally nassoro majala mzee wa pazo vs republic 2022 tzhc 15384 15 december 2022

The prosecution failed to prove the case beyond reasonable doubt due to non-compliance with section 127(2) of the Evidence Act in recording child witness evidence, lack of credibility and consistency in victim testimonies, and insufficient medical evidence. The illegally admitted evidence was expunged, leaving only hearsay and inconclusive medical evidence, which could not sustain a conviction.

  • Unnatural offence
  • Standard of proof
  • Child witness testimony
  • Compliance with evidence act
  • Medical evidence in sexual offences
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Criminal law athumani ally vs republic 2022 tzca 263 12 may 2022

athumani ally vs republic 2022 tzca 263 12 may 2022

The Court of Appeal allowed Athumani Ally’s appeal, quashed his conviction for unnatural offence, and set aside the life sentence after excluding improperly admitted child evidence.

  • Unnatural offence
  • Child witness testimony
  • Standard of proof
  • Admissibility of evidence
  • Child-witness-testimony
  • Evidence-admissibility
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Criminal law ngaru joseph another vs republic 2022 tzca 73 25 february 2022

ngaru joseph another vs republic 2022 tzca 73 25 february 2022

Court of Appeal upheld convictions for armed robbery and gang rape, finding the complainants identified the appellants by recognition and that remaining evidence proved the case.

  • Armed robbery
  • Gang rape
  • Visual identification
  • Identification parade
  • Credibility of witnesses
  • Standard of proof
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Criminal law raphael ideje mwanahapa vs the director pf public prosecutions 2022 tzca 71 25 february 2022

raphael ideje mwanahapa vs the director pf public prosecutions 2022 tzca 71 25 february 2022

The Court of Appeal of Tanzania upheld a rape conviction, finding the victim’s age was proved, the evidence was credible, and the defence was considered.

  • Statutory rape
  • Proof of age
  • Credibility of witnesses
  • Admissibility of medical evidence
  • Child witness testimony
  • Statutory-rape
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Criminal law mosses william vs republic 2021 tzhc 7627 3 december 2021

mosses william vs republic 2021 tzhc 7627 3 december 2021

The conviction and sentence were unlawful because the appellant, being 18 years old at the time of the offence, should not have been sentenced to imprisonment, and the testimony of the child victim was improperly admitted without the required promise to tell the truth, rendering the conviction unsafe.

  • Rape
  • Sentencing of minors
  • Child witness testimony
  • Procedural irregularities
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Criminal law jumanne o manoza vs republic 2021 tzca 455 9 september 2021

jumanne o manoza vs republic 2021 tzca 455 9 september 2021

The conviction was quashed because the trial court failed to properly conduct the voire dire examination for the child witness, rendering the victim's evidence inadmissible. With the exclusion of the victim's and other unreliable evidence, the prosecution failed to prove the case beyond reasonable doubt.

  • Unnatural offence
  • Sexual offences
  • Evidence law
  • Procedure in criminal trials
  • Child witness testimony
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Criminal law DICKSON ISACK KIMARO V

DICKSON ISACK KIMARO V

The conviction was quashed because the variance between the charge sheet and prosecution evidence as to the place of commission of the offence was material and went to the root of the case, rendering the charge unproven beyond reasonable doubt.

  • Unnatural offence
  • Variance between charge and evidence
  • Child witness testimony
  • Standard of proof
  • Section 127 evidence act
  • Section 154 penal code
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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.