Tanzania Case Law

deus so yusuph and another vs republic 2020 tzhc 816 29 april 2020

Court

TZHC

The trial was a nullity due to the successor magistrate's failure to record reasons for taking over the case as required by section 214(1) of the CPA, and the trial magistrate's failure to consider the defence case in the judgment. These procedural errors vitiated the conviction and sentence, warranting quashing of the judgment and immediate release of the appellants.

Source excerpt

• Obtaining money by false pretence
• Conspiracy to commit an offence
• Personation
• Magistrate succession
• Judicial procedure
• Evaluation of evidence

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michael charles kijangwa vs republic 2020 tzca 42 14 february 2020

Court

TZCA

The Court of Appeal upheld convictions for unlawful possession and export of government trophies, holding that constructive possession and circumstantial evidence were sufficient.

• Unlawful possession of government trophies
• Conspiracy to commit an offence
• Forgery
• Uttering false documents
• Destroying evidence
• Loading goods outside approved place

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mohamed so ramadhani mazola another 2018 tzhc 2432 30 april 2018

Court

TZHC

The absence of a notice of appeal in the trial court records renders the appeal incompetent and incapable of being determined on merits.

Source excerpt

• Notice of appeal
• Competence of appeal
• Unlawful possession of government trophies
• Conspiracy to commit an offence

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mohamed so ramadhani mazola another 2018 tzhc 81 30 april 2018

Court

TZHC

The absence of a notice of appeal in the trial court records renders the appeal incompetent and incapable of being determined on merits.

Source excerpt

• Notice of appeal
• Competence of appeal
• Unlawful possession of government trophies
• Conspiracy to commit an offence

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20171005 TZHC Mbeya

Court

TZHC

The conviction was quashed because it was based solely on the uncorroborated confession of a co-accused, contrary to the law, and there was no sufficient evidence linking the appellant to the offences charged.

Source excerpt

• Conspiracy to commit an offence
• Stealing by servant
• Confession of co-accused
• Standard of proof
• Evidence law

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20170316 TZHC Dar es Salaam

Court

TZHC

The evidence did not satisfy the guidelines for proper visual identification as set out in WAZIRI AMANI; identification was not beyond reasonable doubt, so the conviction was unsafe.

Source excerpt

• Conspiracy to commit an offence
• Cattle theft
• Visual identification
• Burden of proof

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isack so john mwankenja vs republic 2016 tzhc 2289 23 february 2016

Court

TZHC

High Court criminal appeal dismissed; conviction for conspiracy and obtaining money by false pretences was upheld, along with confiscation of the motor vehicle and bank account.

• Conspiracy to commit an offence
• Obtaining money by false pretences
• Confiscation of property
• Standard of proof
• Assessment of evidence
• Criminal-law

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20151127 TZHC Mwanza

Court

TZHC

The High Court dismissed a criminal appeal, upholding cattle theft convictions on recent possession and finding the cautioned statements admissible.

• Cattle theft
• Conspiracy to commit an offence
• Doctrine of recent possession
• Admissibility of evidence
• Voluntariness of cautioned statements
• Cattle-theft

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adelaida lwekorama another vs republic 2014 tzhc 2227 11 august 2014

Court

TZHC

The High Court allowed a criminal appeal, set aside convictions for conspiracy and stealing, and held the evidence against both appellants was insufficient.

• Conspiracy to commit an offence
• Stealing
• Admissibility of evidence
• Confessions
• Corroboration of evidence
• Right to fair trial

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20140212 TZHC Dar es Salaam

Court

TZHC

The High Court allowed the appeal against convictions for stealing by servant, finding reasonable doubt because others also had access to the store.

• Stealing by servant
• Conspiracy to commit an offence
• Reasonable doubt
• Evidence admissibility
• Criminal-law
• Stealing-by-servant

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