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Tanzania Case Law

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Criminal law haika do chesam mgao vs republic 2024 tzca 6 4 january 2024

haika do chesam mgao vs republic 2024 tzca 6 4 january 2024

The Court of Appeal allowed a criminal appeal, holding that an out-of-time cautioned statement was inadmissible and that adverse inference arose from a missing material witness.

  • Unlawful possession of government trophies
  • Unlawful dealing in trophies
  • Admissibility of cautioned statements
  • Adverse inference for failure to call material witness
  • Credibility of prosecution witnesses
  • Admissibility-of-cautioned-statements
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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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Criminal law MADUHU MASUNGA

MADUHU MASUNGA

The appellants were properly identified by witnesses who knew them prior to the incident, rendering an identification parade unnecessary. The prosecution evidence was credible, corroborated, and properly evaluated. Cautioned statements were admitted and read out in court in compliance with legal requirements. The conviction was based on strong prosecution evidence, not on weaknesses of the defence. The prosecution proved the case beyond reasonable doubt.

  • Armed robbery
  • Identification evidence
  • Admissibility of cautioned statements
  • Evaluation of evidence
  • Confession leading to discovery
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Criminal law Criminal Session 21 of 2023 Ruling Mrisha J

Criminal Session 21 of 2023 Ruling Mrisha J

PW8 did not read or divulge the contents of the cautioned statement before its admission; he narrated what he heard from the accused without having the document in hand. Therefore, the objection lacks merit and the cautioned statement is admissible as an exhibit.

  • Admissibility of cautioned statements
  • Procedure for tendering exhibits
  • Fatal irregularity in evidence admission
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Criminal law CRIMINAL APPEAL NO 578 OF 2022 MOHAMED MZEE KAWINGWA ANOTHER VS THE REPUBLIC

CRIMINAL APPEAL NO 578 OF 2022 MOHAMED MZEE KAWINGWA ANOTHER VS THE REPUBLIC

The appellants' cautioned statements, corroborated by prosecution witnesses, proved the case beyond reasonable doubt. The charge was not defective, identification parade evidence was expunged but confessions and other evidence sufficed. No procedural unfairness occurred in closing the defence or admitting exhibits.

  • Armed robbery
  • Visual identification
  • Admissibility of cautioned statements
  • Chain of custody
  • Fair hearing
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Criminal law florence athanas baba ali vs republic 2019 tzca 270 29 august 2019

florence athanas baba ali vs republic 2019 tzca 270 29 august 2019

The convictions were quashed because the charge of armed robbery was incurably defective for not specifying the person threatened, the identification evidence was unreliable, the cautioned statements were inadmissible due to procedural irregularities, and the conviction for unlawful possession of ammunition was unsupported by a seizure certificate.

  • Armed robbery
  • Unlawful possession of firearm
  • Defective charge sheet
  • Identification evidence
  • Admissibility of cautioned statements
  • Search and seizure procedure
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Criminal law mohamed juma mpakama vs republic 2019 tzca 518 26 february 2019

mohamed juma mpakama vs republic 2019 tzca 518 26 february 2019

The Court of Appeal quashed a wildlife-hunting conviction after finding an inadmissible cautioned statement, flawed disposal of perishable exhibits, and evidential discrepancies.

  • Unlawful possession of government trophies
  • Unlawful hunting of scheduled animals
  • Unlawful possession of weapons in a game reserve
  • Admissibility of cautioned statements
  • Procedures for disposal of perishable exhibits
  • Standard of proof in criminal cases
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Criminal law william rashid hapale another vs republic 2018 tzhc 2167 29 august 2018

william rashid hapale another vs republic 2018 tzhc 2167 29 august 2018

The High Court allowed a criminal appeal, quashing convictions for unlawful possession of government trophy and firearm after finding evidential and procedural defects.

  • Unlawful possession of government trophy
  • Unlawful possession of firearm
  • Chain of custody
  • Admissibility of cautioned statements
  • Jurisdiction of trial court
  • Criminal-appeal
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Criminal law joshua mlindwa vs republic 2016 tzca 664 24 february 2016

joshua mlindwa vs republic 2016 tzca 664 24 february 2016

The Court of Appeal upheld Joshua Mulindwa’s convictions for breaking into a school and stealing documents, but reduced prison terms imposed beyond the magistrate’s powers.

  • Breaking into a building
  • Stealing
  • Sentencing powers of magistrates
  • Admissibility of cautioned statements
  • Criminal-appeal
  • Sentencing-jurisdiction
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Criminal law 20160211 TZHC Arusha

20160211 TZHC Arusha

Failure to conduct a voir dire examination and record findings for the child witness, and improper admission of a cautioned statement recorded outside the statutory period without explanation or inquiry, rendered the conviction unsafe.

  • Incest
  • Child witness competency
  • Admissibility of cautioned statements
  • Procedure for recording statements
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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.