Tanzania Case Law

machiya kafula lyuba others vs the republic 2023 tzhc 23184 30 november 2023

Court

TZHC

The prosecution failed to prove the case against the appellants beyond reasonable doubt due to material discrepancies in evidence, lack of corroboration for repudiated confessions, improper admission of cautioned statements, and improper charging of grievous harm alongside armed robbery. Convictions and sentences are set aside and appellants are to be released unless lawfully held for other reasons.

Source excerpt

• Conspiracy
• Armed robbery
• Possession of stolen goods
• Grievous harm
• Standard of proof
• Evidentiary discrepancies

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machiya kafula lyuba and 4 others vs the republic 2023 tzhc 23849 30 november 2023

Court

TZHC

The High Court allowed a criminal appeal, set aside convictions for conspiracy, armed robbery, and grievous harm, and ordered the appellants’ release.

• Conspiracy
• Armed robbery
• Possession of stolen goods
• Grievous harm
• Evidence
• Confession

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exevia yakobo chipate another vs republic 2023 tzhc 23812 27 november 2023

Court

TZHC

The High Court allowed a criminal appeal, finding the appellants’ guilty plea unsafe and quashing their convictions and prison sentences.

• Plea of guilty
• Equivocal plea
• Conviction
• Animal theft
• Conspiracy
• Criminal-appeal

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bakari lemboto kapela and another vs the republic 2023 tzhc 22580 13 november 2023

Court

TZHC

The High Court partly allowed a criminal appeal: it quashed the conspiracy convictions but upheld the 1st appellant’s conviction for stealing five cattle.

• Conspiracy
• Stealing of cattle
• Chain of custody
• Cautioned statement
• Burden of proof
• Corroboration of evidence

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yazidu hamisi abdallah vs republic 2023 tzhc 22821 30 october 2023

Court

TZHC

The High Court allowed a criminal appeal after finding the appellant’s age and understanding of the proceedings were not properly ascertained.

• Conspiracy
• Stealing
• Proof beyond reasonable doubt
• Child rights
• Procedure for seizure of property
• Criminal-appeal

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director of public prosecutions vs dadi so mohamed chipehele 7 others 2023 tzhc 18944 30 june 2023

Court

TZHC

High Court criminal appeal dismissed after the prosecution failed to prove conspiracy, malicious damage, and stealing beyond reasonable doubt.

• Malicious damage to property
• Conspiracy
• Stealing
• Proof beyond reasonable doubt
• Variance between charge and evidence
• Criminal-appeal

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rajabu said mwakwaya 2 others v republic 2023 tzhc 17681 5 june 2023

Court

TZHC

Chain of custody for exhibits was broken, identification of appellants was not properly established, and it was improper to charge conspiracy alongside substantive offence; conviction and sentence cannot stand.

Source excerpt

• Chain of custody
• Identification
• Conspiracy
• False pretence
• Standard of proof

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mawazo saliboko shagi 7 others vs the director of public prosecutions 2023 tzhc 17589 2 june 2023

Court

TZHC

The High Court allowed consolidated criminal appeals, quashed convictions for conspiracy and armed robbery, and set aside sentences after rejecting inadmissible confessions.

• Armed robbery
• Conspiracy
• Money laundering
• Receiving stolen property
• Admissibility of confessions
• Hearsay evidence

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boniface thomas mwimbwa and another vs republic 2023 tzca 192 19 april 2023

Court

TZCA

The Court of Appeal allowed a criminal appeal after finding a fatal variance between the charge and the evidence on cheques and amounts in a money-laundering case.

• Money laundering
• Aiding and abetting
• Variance between charge and evidence
• Procedural irregularities
• Conspiracy
• Forgery

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samson amon kauga vs republic 2023 tzca 121 17 march 2023

Court

TZCA

Court of Appeal held the trial court lacked jurisdiction because the DPP certificate was issued under the wrong EOCCA provision in a mixed economic and non-economic charge.

• Jurisdiction
• Economic offences
• Procedural irregularities
• Unlawful possession
• Government trophies
• Firearms

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