Tanzania Case Law

THE DIRECTOR OF PUBLIC PROSECUTIONS VS THEOBALD TLUWAY

Court

TANZLII

The prosecution evidence was credible, consistent, and proved beyond reasonable doubt that the respondents forcefully took and slaughtered four bulls belonging to PW1. Contradictions in evidence were immaterial, and corroboration of relatives' evidence was not mandatory in the circumstances. The trial court erred in acquitting the respondents.

Source excerpt

• Stealing of animals
• Standard of proof
• Corroboration of evidence
• Contradictory evidence
• Identification evidence

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kamugisha elizeus williamu another vs republic 2023 tzca 18001 15 december 2023

Court

TZCA

The Court of Appeal quashed both convictions for gang robbery, holding the second appellant was not properly identified and the offence could not stand against one accused alone.

• Gang robbery
• Visual identification
• Burden of proof
• Corroboration of evidence
• Evaluation of defence evidence
• Gang-robbery

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abrahaman yusuf zinza vs republic 2023 tzca 17929 12 december 2023

Court

TZCA

The omission of the punishment provision in the charge did not prejudice the appellant, the evidence of the victims was credible and corroborated, and the sentence of life imprisonment was improper for an 18-year-old; the conviction is upheld but the sentence is revised to corporal punishment with immediate release ordered due to time served.

Source excerpt

• Unnatural offence
• Defective charge
• Sentencing of offenders aged 18
• Corroboration of evidence
• Delay in reporting sexual offences

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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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juma salumu hamis vs the republic 2023 tzhc 21443 29 september 2023

Court

TZHC

The High Court at Kigoma dismissed a criminal appeal against a rape conviction, holding the charge defect was curable and the evidence proved the offence.

• Rape
• Burden of proof
• Defective charge sheet
• Corroboration of evidence
• Identification
• Sentencing provisions

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hamisi said kibunda 2023 tzhc 20082 23 june 2023

Court

TZHC

The prosecution proved the offence of armed robbery beyond reasonable doubt through credible and corroborated evidence, including reliable visual identification by a witness who knew the appellant, corroboration by other witnesses, and physical evidence linking the appellant to the crime scene. The grounds of appeal lacked merit and the conviction and sentence were upheld.

Source excerpt

• Armed robbery
• Visual identification
• Burden of proof
• Corroboration of evidence
• Appeals

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koronel juma abdallah vs republic 2023 tzca 166 30 march 2023

Court

TZCA

The conviction for statutory rape was upheld because the prosecution proved all essential elements—victim's age, penetration, and identity of the perpetrator—through competent oral evidence, and any procedural or evidentiary complaints raised by the appellant were either immaterial or had no bearing on the outcome.

Source excerpt

• Statutory rape
• Credibility of witnesses
• Corroboration of evidence
• Appellate review
• Admissibility of evidence

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CRIMINAL APPEAL NO 352 OF 2023 LUKA MPAGAMA VERSUS THE REPUBLIC

Court

TANZLII

The court found that the appellant was positively recognized by the victim, his stepdaughter, with whom he had lived for nine years, and that the evidence of the victim, corroborated by other witnesses, was sufficient to prove the offence beyond reasonable doubt. Minor contradictions in the medical evidence did not undermine the prosecution's case, and the concurrent findings of the lower courts were upheld.

Source excerpt

• Rape
• Visual identification
• Standard of proof
• Corroboration of evidence
• Appeals process

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Matemanga

Court

TANZLII

The appeal was dismissed because the court found the victim's identification of the appellant reliable, the evidence of the child witness credible and corroborated by medical evidence, and no material irregularity or prejudice in the trial process. The failure to comply with section 127(2) of the Evidence Act was not fatal as the testimony was found credible. The absence of certain witnesses and a caution statement did not undermine the prosecution case. The trial court's failure to consider the defence was cured by the appellate court's own evaluation, which found the defence did not cast do…

Source excerpt

• Unnatural offence
• Sexual offences against children
• Evidence of child witnesses
• Standard of proof in criminal cases
• Right to fair trial
• Corroboration of evidence

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anord thomas vs republic 2022 tzhc 12253 4 july 2022

Court

TZHC

The High Court allowed a criminal appeal against conviction for unnatural offence, holding that penetration was not proved beyond reasonable doubt.

• Unnatural offence
• Standard of proof
• Credibility of witnesses
• Corroboration of evidence
• Right to legal representation
• Criminal-law

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