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Tanzania decisions
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The prosecution failed to establish an unbroken chain of custody for the narcotic drugs, and did not call a key material witness (Kapilima) to explain missing links, creating reasonable doubt as to the integrity of the evidence. This failure was material and prejudicial, warranting the quashing of the conviction and sentence.
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The proceedings, judgments, decrees, and orders of both lower tribunals are nullified for violation of the right to be heard, as the appellant was denied the opportunity to have his witnesses testify and was not given a chance to respond to objections, constituting a breach of natural justice.
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The Court of Appeal dismissed a land appeal, holding the second respondent’s title and succession evidence were sufficient and evidentiary errors did not change the result.
The conviction was quashed because the variance between the name in the charge sheet and the evidence was not cured by amendment, resulting in failure of justice and rendering the charge unproved. Additionally, the evidence of the children of tender age was improperly admitted due to non-compliance with section 127(2) of the Evidence Act.
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The conviction was properly based on circumstantial evidence, medical testimony, and unchallenged proof of age; the victim's absence as a witness did not vitiate the conviction due to her incompetency, and the defence did not raise reasonable doubt.
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The Court of Appeal allowed a rape appeal after finding child-witness evidence was admitted without the required promise to tell the truth and the remaining proof was insufficient.
Conviction for rape can be sustained without victim's testimony where evidence from other witnesses is sufficient; absence of police officer testimony does not undermine prosecution's case if other evidence proves guilt.
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The Court of Appeal upheld a rape conviction, holding that the victim's absence from court did not defeat the case where other credible evidence proved guilt.
The High Court allowed a criminal appeal after finding procedural irregularities in admitting exhibits and relying on inadmissible and hearsay evidence.
The conviction and sentence were quashed due to procedural irregularities in the admission of evidence, failure to record the age and competency of witnesses, and reliance on inadmissible and hearsay evidence, which prejudiced the appellant and rendered the conviction unsafe.
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