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Tanzania Case Law

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Criminal law rweyemamu zakaria

rweyemamu zakaria

The prosecution proved beyond reasonable doubt that the appellant committed statutory rape and impregnated a schoolgirl, based on the victim's and supporting witnesses' evidence, proof of age, and corroborative documents. DNA evidence was not required, and the cautioned statement's admissibility did not affect the outcome. The appellant's defence did not raise reasonable doubt.

  • Rape
  • Impregnating a schoolgirl
  • Statutory rape
  • Defective charge
  • Admissibility of evidence
  • Proof of age
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Family law PAUL NKHOI VERSUS MADINA MAJUNA JUDGMENT

PAUL NKHOI VERSUS MADINA MAJUNA JUDGMENT

The DNA report from the Government Chemist Laboratory Authority, obtained pursuant to a court order and with the parties' consent, is final and conclusive evidence of parentage under Tanzanian law. The appellant's objections regarding chain of custody, lack of expert testimony, and blood group differences were unsupported by pleadings or evidence. The trial court correctly relied on the DNA report to declare the appellant as the biological father, and the appellant is legally obligated to maintain the child.

  • Parentage determination
  • Dna evidence
  • Child maintenance
  • Burden of proof
  • Pleadings
  • Evidence admissibility
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Criminal law sumitu abdallah vs republic 2023 tzca 17994 14 december 2023

sumitu abdallah vs republic 2023 tzca 17994 14 december 2023

The conviction was unsafe due to unreliable and contradictory prosecution evidence, failure to call material witnesses, exclusion of medical evidence, and negative DNA findings; doubts must be resolved in favour of the appellant.

  • Rape
  • Evidence
  • Appeals
  • Child witness
  • Dna evidence
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Criminal law felix raphael john v republic 2023 tzhc 21451 3 october 2023

felix raphael john v republic 2023 tzhc 21451 3 october 2023

The High Court allowed a rape appeal, quashed the conviction and set aside the sentence after finding key prosecution evidence inconsistent and unreliable.

  • Rape
  • Sexual offences
  • Evidence
  • Credibility of witnesses
  • Dna evidence
  • Standard of proof
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Criminal law jabiri mboko namweta vs republic 2023 tzhc 19739 30 june 2023

jabiri mboko namweta vs republic 2023 tzhc 19739 30 june 2023

The prosecution proved rape beyond reasonable doubt through circumstantial evidence, medical testimony, and absence of legal requirement for DNA evidence; the appellant's grounds lacked merit.

  • Rape
  • Circumstantial evidence
  • Burden of proof
  • Dna evidence
  • Consent
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Criminal law omary rashid milanzi vs republic 2023 tzca 167 31 march 2023

omary rashid milanzi vs republic 2023 tzca 167 31 march 2023

Court of Appeal partly allowed a criminal appeal, quashing the schoolgirl-impregnation count for a defective charge but upholding the rape conviction.

  • Rape
  • Impregnating a school girl
  • Defective charge
  • Proof of age
  • Dna evidence
  • Criminal-law
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Criminal law japhet mikasi mitinje vs republic 2023 tzhc 16559 31 march 2023

japhet mikasi mitinje vs republic 2023 tzhc 16559 31 march 2023

The High Court allowed a criminal appeal, holding that the prosecution did not prove rape or impregnating a schoolgirl beyond reasonable doubt.

  • Rape
  • Impregnating a school girl
  • Standard of proof
  • Contradictory evidence
  • Corroboration
  • Dna evidence
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Criminal law CRIMINAL APPEAL NO

CRIMINAL APPEAL NO

The conviction for rape could not stand because the acquittal on the count of impregnating a school girl, in the circumstances where both offences arose from a single alleged incident, created reasonable doubt. The prosecution failed to prove the offence of rape beyond reasonable doubt due to gaps in evidence, unreliable witness testimony, failure to consider the defence, and absence of DNA evidence to establish paternity. The delayed reporting by the victim without explanation further undermined her credibility.

  • Rape
  • Impregnation of a school girl
  • Standard of proof
  • Admissibility of evidence
  • Evaluation of defence evidence
  • Credibility of witnesses
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Criminal law Idrisa

Idrisa

The prosecution failed to prove the offences of rape and impregnating a school girl beyond reasonable doubt due to improper admission of medical evidence, lack of corroborative evidence such as DNA test, and absence of proof of the victim's status as a school girl. Doubts in the prosecution's case were resolved in favour of the appellant.

  • Rape
  • Impregnating a school girl
  • Standard of proof
  • Admissibility of evidence
  • Child witness
  • Medical evidence
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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.