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Tanzania decisions
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The contradictions between the charge sheet and evidence regarding chassis and engine numbers were minor and did not go to the root of the matter; the offence was proved beyond reasonable doubt and the appellant was able to defend himself; no injustice was caused by the variance.
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Respondent established ownership by clearing virgin land in 1968, supported by credible witnesses; appellants failed to prove valid purchase or title, lacked documentary evidence, and could not transfer ownership; receipts and oral evidence insufficient; invitee cannot acquire superior title; minor contradictions in respondent's evidence immaterial; appeal dismissed as lacking merit.
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The court found that the prosecution proved beyond reasonable doubt that the accused trafficked 1.01 kg of heroin, as the 58 pellets were removed from his body, the chain of custody was maintained, and the accused's defence was not credible.
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The Court of Appeal allowed a criminal appeal over unlawful possession of government trophy, finding a broken chain of custody, material contradictions, and an unresolved defence.
The High Court allowed a criminal appeal, quashed a conviction for unnatural offence, and set aside a 30-year sentence after excluding improperly taken child evidence.
The High Court allowed a land appeal, finding the evidence contradictions immaterial and the pleadings sufficiently covered the cause of action.
The High Court allowed the prosecution appeal, set aside acquittals for gang rape, held the trial court misused witness statements, and entered convictions.
The High Court allowed a rape conviction appeal, holding the child complainant’s evidence was improperly recorded under section 127(2) and the remaining proof was hearsay.
The contradictions in prosecution evidence were minor and did not affect the credibility of witnesses or the outcome; the prosecution proved all elements of the offences beyond reasonable doubt; absence of independent witness was not fatal due to the location and legal provisions; any procedural defect in the conviction was not prejudicial and is curable.
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The conviction and sentence are upheld because the prosecution proved the case beyond reasonable doubt; the failure to tender weapons and sketch map, and the absence of the doctor who conducted the post-mortem, did not prejudice the appellant or weaken the prosecution case. Contradictions in evidence were minor and did not affect the outcome. Malice aforethought was established by the appellant's conduct, the nature and number of wounds, and the use of deadly weapons.
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