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Tanzania Case Law

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Criminal law CRIMINAL APPEAL MASUNGA MASANYIWA

CRIMINAL APPEAL MASUNGA MASANYIWA

The High Court dismissed an appeal against conviction for unlawful possession of government trophy, finding the evidence sufficient and the disposal procedure proper.

  • Unlawful possession of government trophies
  • Procedure for disposal of perishable exhibits
  • Standard of proof in criminal cases
  • Criminal-appeal
  • Unlawful-possession-government-trophy
  • Perishable-exhibits
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Criminal law idd hamis vs republic 2024 tzca 67 20 february 2024

idd hamis vs republic 2024 tzca 67 20 february 2024

The Court of Appeal allowed a criminal appeal over unlawful possession of a government trophy, finding the prosecution failed to prove the case beyond reasonable doubt.

  • Unlawful possession of government trophy
  • Procedural irregularities in destruction of exhibits
  • Standard of proof in criminal cases
  • Right to be heard
  • Admissibility of inventory forms
  • Criminal-appeal
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Criminal law japhet ibrahim matarra vs republic 2024 tzhc 77 22 january 2024

japhet ibrahim matarra vs republic 2024 tzhc 77 22 january 2024

The High Court dismissed a criminal appeal against conviction for publishing false information on Twitter under Tanzania’s Cybercrimes Act.

  • Publication of false information
  • Cybercrimes act
  • Electronic evidence
  • Chain of custody
  • Standard of proof in criminal cases
  • Admissibility of confessions
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Criminal law majid khalid seleman alsalimi vs the republic 2024 tzhc 377 19 january 2024

majid khalid seleman alsalimi vs the republic 2024 tzhc 377 19 january 2024

The conviction was unsafe due to the unexplained six-month delay by the victim in naming the accused, lack of credible and reliable evidence from the victim, and the prosecution's failure to call material witnesses, all of which created reasonable doubt as to the appellant's guilt.

  • Unnatural offences
  • Credibility of witnesses
  • Delay in reporting
  • Adverse inference for failure to call witnesses
  • Standard of proof in criminal cases
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Criminal law John Sadick Nduye vs The Republic CRIMINAL APPEAL NO

John Sadick Nduye vs The Republic CRIMINAL APPEAL NO

The trial court had jurisdiction due to proper consent and certificate; PW1 was competent to tender the exhibit as custodian; the prosecution proved the case beyond reasonable doubt through the appellant's admission, corroborated by witness testimony and documentary evidence; the chain of custody was properly maintained; the sentence of a fine in the alternative to imprisonment was unlawful, and the correct sentence is twenty years imprisonment without an option of a fine under Section 60(2) of the EOCCA.

  • Unlawful possession of government trophies
  • Jurisdiction of economic crimes court
  • Chain of custody
  • Competence to tender exhibits
  • Standard of proof in criminal cases
  • Sentencing under wildlife conservation act and eocca
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Criminal law CRIMINAL APPEAL NO

CRIMINAL APPEAL NO

The appeal was dismissed because the prosecution proved beyond reasonable doubt that the appellant committed the unnatural offence against a child under 18, based on credible and corroborated evidence from the victim, medical testimony, and the appellant’s own confession. Procedural lapses regarding the recording of the child’s evidence did not affect its credibility or admissibility, and the appellant’s defence was considered and properly rejected.

  • Unnatural offence
  • Sexual offences against children
  • Standard of proof in criminal cases
  • Credibility of child witnesses
  • Admissibility of confession statements
  • Procedural compliance in criminal trials
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Criminal law CRIMINAL APPEAL NO

CRIMINAL APPEAL NO

The trial court's proceedings and judgment are vitiated due to the absence of PW5's testimony from the record, creating a material discrepancy between the judgment and the trial record, which prevents proper appellate review. The error is not based on insufficiency of evidence but on the lack of a complete and accurate record. Accordingly, the proceedings and judgment are quashed and set aside, and a retrial is ordered before a different magistrate.

  • Unlawful possession of government trophies
  • Jurisdiction of trial court
  • Chain of custody
  • Standard of proof in criminal cases
  • Retrial procedure
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Criminal law ibrahim mohamed vs republic 2023 tzhc 23740 29 december 2023

ibrahim mohamed vs republic 2023 tzhc 23740 29 december 2023

The High Court allowed a criminal appeal for unnatural offence, finding the complainant’s account untrustworthy, with unexplained delay and missing material witnesses.

  • Unnatural offence
  • Burden of proof
  • Credibility of witness
  • Failure to call material witness
  • Standard of proof in criminal cases
  • Criminal-appeal
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Criminal law emmanuel kavula lengada vs the republic 2023 tzhc 22635 16 november 2023

emmanuel kavula lengada vs the republic 2023 tzhc 22635 16 november 2023

The High Court dismissed a criminal appeal and affirmed life imprisonment for unnatural offences involving child victims, finding the evidence and caution statement sufficient.

  • Unnatural offence
  • Sexual offences against children
  • Evidence of child witnesses
  • Standard of proof in criminal cases
  • Admissibility of caution statements
  • Criminal-appeal
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Criminal law shija mathias vs republic 2023 tzca 17714 4 october 2023

shija mathias vs republic 2023 tzca 17714 4 october 2023

Court of Appeal upheld convictions for rape and abduction of a girl under 16, but excluded an unlawfully recorded cautioned statement.

  • Rape
  • Abduction of a girl under sixteen
  • Evidence of child witnesses
  • Admissibility of cautioned statements
  • Standard of proof in criminal cases
  • Abduction
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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.