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Tanzania Case Law

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Criminal law CRIMINAL SESSIONS CASE NO

CRIMINAL SESSIONS CASE NO

There is no sufficient evidence directly implicating the accused in causing the death of the deceased; the prosecution's case relies on generalizations, hearsay, and an inadmissible co-accused confession without corroboration. Therefore, no prima facie case is established against the accused to require him to enter his defence.

  • Manslaughter
  • Prima facie case
  • No case to answer
  • Confession of co-accused
  • Corroboration
  • Evidence evaluation
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Criminal law 20200629 TZHC Dar es Salaam

20200629 TZHC Dar es Salaam

The prosecution failed to adduce sufficient evidence linking the accused to the commission of murder, lacking direct evidence, crucial documentary evidence, and reliable circumstantial evidence. The evidence presented was insufficient to require the accused to defend himself, and the burden of proof was not discharged beyond reasonable doubt.

  • Murder
  • Prima facie case
  • Burden of proof
  • Circumstantial evidence
  • No case to answer
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Criminal law republic vs novatuce mtorela 2019 tzhc 159 25 november 2019

republic vs novatuce mtorela 2019 tzhc 159 25 november 2019

The High Court dismissed the Republic’s criminal appeal after the appellant failed to file written submissions, treating the omission as want of prosecution.

  • Failure to prosecute
  • Written submissions
  • No case to answer
  • Appeal dismissal
  • Criminal-appeal
  • Want-of-prosecution
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Criminal law director of public prosecutions vs george aloyce shilingi 2018 tzhc 2648 12 september 2018

director of public prosecutions vs george aloyce shilingi 2018 tzhc 2648 12 september 2018

The trial magistrate erred by acquitting the second respondent without analyzing the evidence or providing reasons, contrary to legal requirements. The evidence on record connected both accused, and both had a case to answer. The acquittal was set aside and both accused were ordered to enter their defence.

  • No case to answer
  • Acquittal
  • Prima facie case
  • Burden of proof
  • Money laundering
  • Forgery
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Criminal law 20130727 TZCA Tanga

20130727 TZCA Tanga

The High Court erred in law in holding that forgery and uttering false documents could not be charged together, as they are distinct offences. The evidence against the 1st respondent was insufficient to require a defence, but there was sufficient evidence against the 2nd respondent to require him to make a defence. The test for a prima facie case is whether the prosecution evidence, unless shaken, is sufficient to convict, not merely whether there is some evidence.

  • No case to answer
  • Duplicity of charges
  • Forgery
  • Uttering false documents
  • Prima facie case
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Criminal law republic vs rajabu mohamed nurudini 2006 tzhc 253 9 october 2006

republic vs rajabu mohamed nurudini 2006 tzhc 253 9 october 2006

The High Court of Tanzania found no case to answer in a murder prosecution, holding the evidence insufficient and ordering the accused acquitted and released.

  • Homicide
  • Murder
  • Standard of proof
  • Police investigation
  • No case to answer
  • No-case-to-answer
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Criminal law republic vs seleman so athuman another 2006 tzhc 146 10 march 2006

republic vs seleman so athuman another 2006 tzhc 146 10 march 2006

The prosecution evidence was fundamentally contradictory, unreliable, and discredited, with confessions obtained by torture and procedural irregularities in recording statements. No reasonable tribunal could convict on such evidence; therefore, the accused have no case to answer.

  • Murder
  • No case to answer
  • Confession evidence
  • Procedural irregularities
  • Investigation standards
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Criminal law 19990205 TZHC Dar es Salaam

19990205 TZHC Dar es Salaam

The High Court refused revision of a magistrate’s ruling that there was a case to answer, holding that such an interlocutory decision was not revisable at that stage.

  • Revision
  • No case to answer
  • Appealability of interlocutory orders
  • Criminal-procedure
  • Case-to-answer
  • Interlocutory-orders
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Criminal law 19911010 TZHC Dar es Salaam

19911010 TZHC Dar es Salaam

The evidence presented by the prosecution was contradictory and insufficient to establish a prima facie case against the accused; therefore, the accused cannot be called upon to defend mere suspicions.

  • Murder
  • No case to answer
  • Evidence evaluation
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Criminal law 19891108 TZHC Dar es Salaam

19891108 TZHC Dar es Salaam

The High Court held that the prosecution had not made out a prima facie case against either accused and entered findings of not guilty under section 293(1).

  • Prima facie case
  • No case to answer
  • Section 293(1) criminal procedure
  • Criminal-law
  • Prima-facie-case
  • No-case-to-answer
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