Tanzania Case Law

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

Court

TZHC

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.

Source excerpt

• 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 APPEAL JONAS NTIBANSHIMA

Court

TANZLII

The prosecution proved the offence of carnal knowledge against the order of nature beyond reasonable doubt through credible direct evidence of an eyewitness (PW1). The improper admission of the doctor's statement (Exh PE3) did not vitiate the conviction as the remaining evidence was sufficient. The trial court's evaluation of evidence and consideration of the defence was adequate. The appeal lacked merit and was dismissed.

Source excerpt

• Unnatural offences
• Standard of proof
• Admissibility of evidence
• Evaluation of evidence
• Appeals

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soud seif vs republic 2020 tzca 216 12 may 2020

Court

TZCA

The conviction was unsafe because the testimonies of the child witnesses were unsworn and uncorroborated due to improper voire dire, and the trial and appellate courts failed to properly consider the appellant's defence. Contradictions in the prosecution evidence further undermined the case.

Source excerpt

• Rape
• Unnatural offences
• Evidence of children
• Voire dire
• Corroboration
• Failure to consider defence

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soud seif vs republic 2020 tzca 1944 12 may 2020

Court

TZCA

The conviction was unsafe because the testimonies of the child witnesses, taken without proper voire dire, required corroboration, which was lacking due to contradictions and inconsistencies in the prosecution evidence. Additionally, the trial and first appellate courts failed to properly consider the appellant's defence, further undermining the conviction.

Source excerpt

• Rape
• Unnatural offences
• Evidence of children
• Voire dire
• Corroboration
• Failure to consider defence

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20140610 TZHC Mbeya

Court

TZHC

The conviction and sentence were quashed because the charge was duplicitous, which is incurable and illegal under the cited authorities.

Source excerpt

• Duplicity of charges
• Unnatural offences
• Criminal procedure

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niza mamadi vs republic 2014 tzhc 2372 10 june 2014

Court

TZHC

The High Court quashed a criminal conviction and 30-year sentence after finding the charge duplicitous and incapable of supporting a conviction.

• Duplicity of charges
• Unnatural offences
• Proper drafting of charges
• Duplicity-of-charges
• Criminal-appeal
• Drafting-of-charges

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20100722 TZCA Mbeya

Court

TZCA

The Court of Appeal quashed Zuberi Mtono’s conviction because the child complainant’s evidence was not properly tested by voire dire and lacked corroboration.

• Unnatural offences
• Voire dire examination
• Corroboration of unsworn evidence
• Child witness competency
• Child-witness-evidence
• Voire-dire

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20051216 TZHC Dar es Salaam

Court

TZHC

Application to extend time to file a notice of appeal in a criminal matter was dismissed after the court found no sufficient reasons for the delay.

• Extension of time
• Notice of appeal
• Unnatural offences
• Prisoners' rights
• Criminal-procedure
• Notice-of-appeal

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20050307 tzhc dar es salaam

Court

TZHC

High Court criminal appeal over rape and unnatural offences against child complainants. The appeal was dismissed, with convictions and life sentences upheld.

• Rape
• Unnatural offences
• Child witnesses
• Alibi defence
• Compensation
• Standard of proof

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nguza vicking babu sea others vs republic 2005 tzhc 105 7 march 2005

Court

TZHC

The appeal was dismissed because the trial court's failure to conduct proper voire dire did not vitiate the proceedings under the amended law; the evidence of the child victims, corroborated by medical and other evidence, was credible and sufficient to prove the offences beyond reasonable doubt; the defence of alibi and other procedural complaints were properly considered and rejected; the sentences and compensation orders were lawful and proportionate.

Source excerpt

• Rape
• Unnatural offences
• Sexual offences against children
• Evidence law
• Criminal procedure
• Sentencing

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