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Tanzania Case Law

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Criminal law arobogast augustino shayo and 2 others vs republic 2023 tzhc 16788 18 april 2023

arobogast augustino shayo and 2 others vs republic 2023 tzhc 16788 18 april 2023

Court
TZHC

The conviction and sentence were quashed and set aside due to procedural irregularities, specifically the improper admission of the inventory form (exhibit P6) and denial of the right to cross-examine a co-accused, both of which prejudiced the appellants and amounted to a denial of a fair trial.

Source excerpt

  • Unlawful possession of government trophy
  • Unlawful dealing in government trophies
  • Fair trial rights
  • Admissibility of evidence
  • Chain of custody
  • Preliminary hearing irregularities
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Criminal law CRIMINAL APPEAL NO 640 OF 2022 PEMBE ABDALLAH MKALI VS THE REPUBLC

CRIMINAL APPEAL NO 640 OF 2022 PEMBE ABDALLAH MKALI VS THE REPUBLC

Court
TANZLII

The conviction was unsafe because the evidence of key prosecution witnesses was irreconcilably contradictory, undermining their credibility. The contradictions were material and went to the root of the case, making it impossible to determine the truth. The prosecution failed to prove the case beyond reasonable doubt.

Source excerpt

  • Rape
  • Credibility of witnesses
  • Standard of proof
  • Evidence of child witness
  • Preliminary hearing irregularities
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Criminal law Mathias Mtavangu

Mathias Mtavangu

Court
TANZLII

Procedural irregularities alleged by the appellant, including failure to sign witness testimony, improper preliminary hearing, conduct of voire dire, and failure to call certain witnesses, did not occasion a miscarriage of justice or prejudice the appellant. The prosecution proved all elements of the offence of rape beyond reasonable doubt through direct and corroborated evidence. The appeal is without merit and is dismissed.

Source excerpt

  • Rape
  • Procedure in criminal trials
  • Evidence of child witnesses
  • Preliminary hearing irregularities
  • Appellate review
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Criminal law brayson so katawa vs republic 2012 tzca 153 29 march 2012

brayson so katawa vs republic 2012 tzca 153 29 march 2012

Court
TZCA

The trial court failed to comply with mandatory procedural requirements during the preliminary hearing, specifically by not reading and explaining the memorandum of agreed facts to the accused in a language he understood and not obtaining his signature. These irregularities rendered the preliminary hearing proceedings illegal, vitiating that part of the trial. In the interests of justice, given the seriousness of the offence and the need for a fair trial, a retrial is ordered.

Source excerpt

  • Murder
  • Preliminary hearing irregularities
  • Retrial
  • Alibi defence
  • Procedural compliance
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.