Tanzania Case Law

lengume lenemas lesei vs republic 2023 tzca 17565 30 august 2023

Court

TZCA

The appeal was dismissed because the procedural irregularity regarding the charge and information did not prejudice the appellant, contradictions in evidence were minor and immaterial, all material witnesses were called, and the evidence established the offences beyond reasonable doubt. However, the sentence was revised to deduct the remand period as required by law.

Source excerpt

• Unlawful possession of government trophy
• Unlawful dealing in government trophy
• Procedural irregularities
• Contradictory evidence
• Material witnesses
• Sentencing and remand time

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luthgnasia simon mushi vumi vs republic 2023 tzca 17531 25 august 2023

Court

TZCA

The Court of Appeal of Tanzania quashed a narcotics conviction and life sentence after finding unresolved doubts in the prosecution case, including failure to call a material witness.

• Narcotic drugs
• Chain of custody
• Burden of proof
• Material witnesses
• Sentencing
• Narcotic-drugs

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Hennen juma

Court

TANZLII

The prosecution failed to prove the offence of child stealing beyond reasonable doubt due to improper admission of confession, lack of opportunity for the accused to object, failure to call material witnesses, and insufficient evidence connecting the appellants to the offence.

Source excerpt

• Child stealing
• Burden of proof
• Admissibility of evidence
• Right to be heard
• Confession
• Material witnesses

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SELEMANI ZUBERI SENGO

Court

TANZLII

Prosecution failed to prove the case beyond reasonable doubt due to failure to call material witnesses and contradictions in evidence; conviction and sentence cannot stand.

Source excerpt

• Rape
• Burden of proof
• Evidence
• Material witnesses
• Contradictory testimony

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CRIMINAL APPEAL NO

Court

TANZLII

The evidence of the victim was corroborated by medical evidence regarding penetration; the omitted witnesses were not material as their evidence would be hearsay; there was no contradiction regarding the victim's age; all ingredients of the offence were proved beyond reasonable doubt.

Source excerpt

• Rape
• Sexual offences against children
• Evidence
• Standard of proof
• Corroboration
• Material witnesses

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CRIMINAL APPEAL NO 626 OF 2022 ISMAIL JUMA SUMAKU VS THE REPUBLIC

Court

TANZLII

The prosecution failed to prove the case beyond reasonable doubt due to unreliable dock identification, improper admission of the cautioned statement, failure to call material witnesses, and material contradictions in prosecution evidence.

Source excerpt

• Attempted unnatural offence
• Visual identification
• Admissibility of evidence
• Burden of proof
• Material witnesses

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BAKARI HASSANI SADICK VS BRAC T FINANCE LIMITED DRAFT JUDGMENT

Court

TANZLII

Plaintiff failed to prove ownership of land, existence and handing over of certificates of customary right of occupancy, and failed to provide proper description or call material witnesses; thus, claim not established on balance of probabilities.

Source excerpt

• Customary right of occupancy
• Burden of proof
• General damages
• Land description
• Material witnesses

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Asedi Bakari

Court

TANZLII

The prosecution failed to prove the offence of armed robbery beyond reasonable doubt due to lack of evidence establishing theft, failure to tender weapons or PF3, unnecessary identification parade, and failure to call material witnesses (arresting officers).

Source excerpt

• Armed robbery
• Evidence
• Identification parade
• Material witnesses

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MARTIN

Court

TANZLII

The prosecution failed to prove the offence of rape beyond reasonable doubt due to unexplained delay in reporting, inconsistencies in the victim's evidence, failure to call material witnesses, and the defence evidence raising reasonable doubt which was not challenged by the prosecution.

Source excerpt

• Rape
• Sexual offences
• Standard of proof
• Credibility of witnesses
• Delay in reporting
• Burden of proof

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Mande Kiduma v Republic

Court

TANZLII

The prosecution failed to prove the charge beyond reasonable doubt due to not calling material witnesses, doubtful chronology and reporting, and unexplained delay in arresting the appellant.

Source excerpt

• Unnatural offence
• Sodomy
• Evidence
• Delay in arrest
• Material witnesses

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