Tanzania Case Law

BARAKA HUKUMU

Court

TANZLII

The appeal was dismissed because the trial court had jurisdiction over the criminal matter, the prosecution proved all elements of stealing beyond reasonable doubt, the exhibits were properly admitted, and the trial magistrate complied with legal requirements regarding signatures. The appellants' arguments were found to lack merit, and the conviction and sentence were upheld. Additionally, the High Court ordered compensation for the stolen amount, to be paid jointly by the appellants.

Source excerpt

• Stealing
• Burden of proof
• Admissibility of evidence
• Jurisdiction
• Conditional discharge
• Compensation order

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mathias kulwa vs republic 2024 tzhc 43 23 january 2024

Court

TZHC

The prosecution failed to prove beyond reasonable doubt that the cows found with the appellant were the property of the complainant, as the identification was insufficient and based on generalized descriptions and color rather than peculiar marks.

Source excerpt

• Stealing animals
• Doctrine of recent possession
• Identification of stolen property
• Standard of proof
• Compensation order

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goodluck patrice ngimba vs the republic 2023 tzhclandd 17023 13 october 2023

Court

TANZLII

The conviction and sentence were quashed because the charge sheet was fatally defective, failing to specify the correct date and particulars of the offence, which prejudiced the appellant's ability to mount a proper defence.

Source excerpt

• Defective charge sheet
• Variance between charge and evidence
• Stealing by agent
• Compensation order
• Civil remedy
• Arbitration clause

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julius sabasaba sisa vs the republic 2023 tzhc 20193 17 august 2023

Court

TZHC

The High Court allowed a criminal appeal for stealing, holding that the prosecution failed to prove the charge beyond reasonable doubt and the evidence varied from the charge.

• Stealing
• Burden of proof
• Variance between charge and evidence
• Compensation order
• Criminal-law
• Burden-of-proof

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juma saidi juma mkongo another vs republic 2023 tzhc 19896 31 july 2023

Court

TZHC

The High Court allowed a criminal appeal, finding the conviction rested on circumstantial evidence that did not prove guilt beyond reasonable doubt.

• Burglary
• Theft
• Circumstantial evidence
• Presumption of innocence
• Compensation order
• Circumstantial-evidence

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SUBIRA IBRAHIM

Court

TANZLII

The conviction was quashed because the prosecution failed to prove the offence of stealing by agent beyond reasonable doubt due to material variances between the charge and evidence, a defective charge, and lack of proof that the appellant actually stole the entrusted property.

Source excerpt

• Stealing by agent
• Variance between charge and evidence
• Defective charge
• Standard of proof
• Compensation order

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rashid mohamed sellungwi vs republic 2023 tzca 179 4 april 2023

Court

TZCA

The Court of Appeal set aside criminal convictions after finding the appellant was denied a fair trial when evidence was taken in his absence.

• Fair trial
• Right to be present
• Evidence in absence of accused
• Recall of witnesses
• Supply of witness statements
• Conditional discharge

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PASCHAL EDWARD CRIMINAL APPEAL 76 OF 2023

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant, as agent, was entrusted with Tsh. 33,000,000/= to purchase rice for the victim, failed to deliver the rice, used the money for his own interests, and the bank statement evidence was lawfully obtained and reliable. Sentence and compensation were within statutory limits and justified.

Source excerpt

• Stealing by agent
• Proof beyond reasonable doubt
• Bank statement admissibility
• Compensation order
• Sentencing

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raymond adolf louis 2 others vs republic 2022 tzca 3 27 january 2022

Court

TZCA

The appellants knowingly signed and endorsed forged CROs, facilitating illegal removal of containers and occasioning loss to TRA; evidence from handwriting experts, familiar witnesses, and forensic reports proved guilt beyond reasonable doubt; compensation order was lawful and mandatory.

Source excerpt

• Forgery
• Occasioning loss to specified authority
• Compensation order
• Customs fraud
• Evidence (handwriting expert)

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CRIMINAL APPEAL NO

Court

TANZLII

The appellant was convicted on the same counts she was charged with under the Prevention and Combating of Corruption Act; the trial court did not create new offences or apply laws to convict her outside the charge. The evidence established that the appellant, as imprest holder, retired funds for a ceremony and gifts that never occurred, using false documents. The prosecution proved the offences beyond reasonable doubt. The sentence and compensation order were within statutory limits and lawfully imposed.

Source excerpt

• Use of documents intended to mislead principal
• Embezzlement
• Misappropriation
• Burden of proof
• Evaluation of evidence
• Right to be heard

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