Tanzania Case Law

Jdg Criminal Appeal No

Court

TANZLII

The prosecution proved beyond reasonable doubt that the appellant was found in unlawful possession of government trophy, the chain of custody was maintained, the DPP's consent was properly issued, and the trial court followed proper procedure in disposal of exhibits. The caution statement was wrongly admitted and expunged, but remaining evidence sufficed for conviction.

Source excerpt

• Unlawful possession of government trophy
• Chain of custody
• Admissibility of evidence
• Competence of witness
• Dpp consent in economic offences

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massanja maliasanga masunga others vs republic 2023 tzca 17780 26 october 2023

Court

TZCA

The Court of Appeal upheld three convictions for unlawful possession of firearms, rejecting procedural and evidentiary challenges but expunging several unread exhibits.

• Unlawful possession of firearms
• Jurisdiction
• Omnibus charge
• Doctrine of recent possession
• Admissibility of evidence
• Legal representation

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kulwa ramadhani vs the republic 2023 tzhc 18752 5 july 2023

Court

TZHC

The High Court allowed a rape appeal after finding the child complainant was sworn without the required test of competence and oath understanding.

• Rape
• Child witness
• Evidence admissibility
• Competence of witness
• Criminal-appeal
• Child-witness

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Ilanga John Mzee Judgment

Court

TANZLII

The conviction was unsafe due to the improper admission of a key exhibit by a person not competent to tender it, and the prosecution failed to prove its case beyond reasonable doubt, especially in light of the appellant's unshaken defence.

Source excerpt

• Unlawful possession of weapon
• Unlawful possession of government trophy
• Admissibility of evidence
• Proof beyond reasonable doubt
• Competence of witness

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Judgement Criminal Appeal No

Court

TANZLII

Despite procedural defect in recording victim's testimony, appellant was properly identified at the crime scene by multiple eye witnesses, corroborated by medical evidence, and prosecution proved the charge beyond reasonable doubt.

Source excerpt

• Unnatural offence
• Evidence
• Identification
• Competence of witness
• Burden of proof

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Criminal Session Case 21 of 2023 Ruling Mrisha J

Court

TANZLII

PW5 is a competent witness to tender the sale agreement because he witnessed its execution, signed as a witness, identified specific features, and demonstrated knowledge of its contents, thus satisfying legal requirements for admissibility.

Source excerpt

• Admissibility of documentary evidence
• Competence of witness
• Preliminary objection

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john mkorongo james vs republic 2022 tzca 111 11 march 2022

Court

TZCA

The Court of Appeal held that the trial court failed to comply with section 127(2) of the Evidence Act when receiving a child witness’s evidence, so the conviction could not stand.

• Unnatural offence
• Child witness
• Competence of witness
• Section 127(2) evidence act
• Standard of proof
• Appeal procedure

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republic vs halfan hassan bwire and 3 others 2022 tzhcced 1 10 january 2022

Court

TANZLII

Failure to properly label the exhibits and failure to issue receipt after seizure constitute fatal procedural omissions under applicable laws and guidelines, rendering the exhibits incompetent and inadmissible.

Source excerpt

• Admissibility of exhibits
• Chain of custody
• Competence of witness
• Search and seizure
• Authentication of evidence

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afriscan group tanzania limited vs david joseph mahende 2021 tzhccomd 3459 8 december 2021

Court

TZHCCOMD

The witness was competent to tender the documents as he had knowledge and possession; the requirement for notice to produce was dispensed with due to the unique circumstances and Court of Appeal directives; however, proper certification and payment of fees for public documents must be completed before submission to the Court of Appeal.

Source excerpt

• Admissibility of documentary evidence
• Competence of witness
• Certification of public documents
• Procedure for additional evidence

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jc decaux tanzania limited vs imperial media agencies limited and frank john nicodemus 2021 tzhccomd 3451 24 november 2021

Court

TZHCCOMD

The High Court admitted a photocopy of a lost lease agreement, finding the defendant had not specifically denied it and the witness was competent to tender it.

• Admissibility of secondary evidence
• Competence of witness
• Presumption of admission
• Secondary-evidence
• Document-admissibility
• Civil-procedure

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