STEVEN LEONARD
The High Court allowed a criminal appeal against a rape conviction, quashed the 30-year sentence, and ordered the appellant’s release.
- Rape
- Statutory rape
- Burden of proof
- Proof of age
- Customary marriage
- Consent
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majumba benjamin vs republic 2023 tzca 17779 25 october 2023
The Court of Appeal of Tanzania allowed a rape appeal, quashed the conviction, and set aside the 30-year sentence after finding consent was not proved beyond reasonable doubt.
- Rape
- Standard of proof
- Consent
- Evidence admissibility
- Appeal procedure
- Criminal-law
said mohamed nalyona vs the repulic 2023 tzhc 19136 5 july 2023
The High Court allowed a rape appeal, quashed a 30-year sentence, and set aside the conviction after finding the prosecution evidence lacked proof beyond reasonable doubt.
- Rape
- Burden of proof
- Evaluation of evidence
- Consent
- Standard of proof
- Admissibility of evidence
jabiri mboko namweta vs republic 2023 tzhc 19739 30 june 2023
The prosecution proved rape beyond reasonable doubt through circumstantial evidence, medical testimony, and absence of legal requirement for DNA evidence; the appellant's grounds lacked merit.
Source excerpt
- Rape
- Circumstantial evidence
- Burden of proof
- Dna evidence
- Consent
heri pius lwena vs ruvuma coal limited 2023 tzhc 17965 15 june 2023
The High Court upheld a CMA decision dismissing a labour revision over a mutual separation agreement, finding no proof of fraud, undue influence, or trick.
- Mutual separation agreement
- Termination of employment
- Consent
- Fraud
- Undue influence
- Mutual-separation-agreement
efeso wasita vs republic 2023 tzca 42 22 february 2023
The Court of Appeal dismissed a murder? No—rape appeal, upholding conviction, sentence, and compensation after finding the complainant credible and the alibi unproven.
- Rape
- Evidence
- Alibi
- Charging provisions
- Consent
- Criminal-appeal
NBC VS EUGENIA MUGA COMM APPEAL NO
The appellant failed to demonstrate good cause or diligence for departure from the scheduling order to issue a third party notice. The trial magistrate properly evaluated the evidence and found no credible proof of respondent's consent to use her image. The award of general damages was justified by the harm suffered, but awarding both punitive and exemplary damages for the same misconduct was improper as they serve the same purpose. The punitive damages award was quashed, but other orders were upheld.
Source excerpt
- Image rights
- Privacy
- Damages
- Burden of proof
- Consent
- Third party procedure
ntuli anyandwile vs gerald kasela 2022 tzhc 14439 4 november 2022
The High Court allowed an appeal over a land sale dispute, finding the tribunal misdirected itself on disputed evidence and consent to the sale.
- Fraudulent sale agreement
- Ownership dispute
- Consent in contract
- Authority of agent
- Misdirection of evidence
- Land-law
Daniel Chacha
The prosecution failed to prove the essential ingredients of rape, specifically penetration and lack of consent, beyond reasonable doubt. Contradictions in evidence and procedural defects rendered the conviction unsafe.
Source excerpt
- Rape
- Gang rape
- Evidence
- Procedure
- Consent
- Identification
LAND CASE NO 190 OF 2022 scanned
Plaintiff consented to and signed all documents for loan enhancement and mortgage; Title Deed was held by the bank as per agreement; plaintiff failed to discharge burden of proof; suit dismissed with costs.
Source excerpt
- Mortgage
- Guarantee
- Loan agreement
- Burden of proof
- Consent
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