Tanzania Case Law

Criminal Appeal No

Court

TANZLII

The conviction and sentence were quashed because the caution statement was illegally obtained and wrongly relied upon, prosecution evidence was contradictory and uncorroborated, chain of custody was broken, and seizure lacked independent witnesses, failing to prove the case beyond reasonable doubt.

Source excerpt

• Unlawful possession of firearm
• Unlawful possession of ammunition
• Unlawful possession of weapon in game reserve
• Admissibility of caution statement
• Chain of custody
• Contradiction in evidence

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deograsia komba vs kandidus miti 2023 tzhc 20789 7 september 2023

Court

TZHC

High Court land appeal from Songea upheld the tribunal on ownership, finding the appellant failed to prove title to the disputed land on the balance of probabilities.

• Ownership of land
• Burden of proof
• Right to be heard
• Contradiction in evidence
• Land-law
• Land-ownership

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omary amiri mkomwa omari amiri mkomwa vs republic 2022 tzhc 15282 15 december 2022

Court

TZHC

Material contradictions in prosecution evidence regarding seized items, lack of independent witness, and failure to comply with search and seizure requirements created reasonable doubt; conviction cannot stand.

Source excerpt

• Unlawful possession of government trophy
• Jurisdiction
• Search and seizure
• Valuation of exhibits
• Defective charge
• Investigation procedures

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fred mgaya sharo vs republic 2019 tzhc 252 4 november 2019

Court

TZHC

The High Court allowed a criminal appeal, quashed the conviction and sentence, and ordered release, finding a material failure in the chain of custody for exhibits.

• Chain of custody
• Contradiction in evidence
• Admissibility of evidence
• Burden of proof
• Identification of exhibits
• Chain-of-custody

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CR APPEAL NO 113

Court

TANZLII

The conviction was upheld as the prosecution proved beyond reasonable doubt that the appellant impregnated a school girl, but the sentence of 30 years was unlawful as the trial magistrate lacked jurisdiction; sentence reduced to 5 years with conditional discharge for remaining period.

Source excerpt

• Impregnation of school girl
• Sentencing powers
• Documentary evidence
• Proof of age
• Delay in reporting
• Contradiction in evidence

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