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Tanzania Case Law

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Criminal law MAKOYE JUDGMENT

MAKOYE JUDGMENT

The High Court allowed a rape appeal, quashing the conviction and sentence after finding the complainant’s failure to name the appellant early undermined her credibility.

  • Rape
  • Credibility of witness
  • Evidence assessment
  • Witness-credibility
  • Criminal-appeals
  • Evidence-assessment
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Criminal law isaya loserian vs republic 2024 tzca 138 23 february 2024

isaya loserian vs republic 2024 tzca 138 23 february 2024

The appellant was properly convicted of unnatural offence based on credible identification evidence, corroborated by medical and circumstantial evidence, and the defence of alibi was raised late and disproved. The charge was sufficiently informative and any defect was curable. No miscarriage of justice occurred.

  • Unnatural offence
  • Rape
  • Visual identification
  • Credibility of witness
  • Defective charge
  • Defence of alibi
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Criminal law ibrahim mohamed vs republic 2023 tzhc 23740 29 december 2023

ibrahim mohamed vs republic 2023 tzhc 23740 29 december 2023

The High Court allowed a criminal appeal for unnatural offence, finding the complainant’s account untrustworthy, with unexplained delay and missing material witnesses.

  • Unnatural offence
  • Burden of proof
  • Credibility of witness
  • Failure to call material witness
  • Standard of proof in criminal cases
  • Criminal-appeal
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Criminal law emmanuel bukile vs republic 2023 tzhc 23737 11 december 2023

emmanuel bukile vs republic 2023 tzhc 23737 11 december 2023

The prosecution failed to prove the charges beyond reasonable doubt due to lack of credible and reliable evidence from the victim, absence of timely identification of the accused, inconsistencies regarding the victim's age, and failure to provide scientific proof of paternity when the accused denied involvement.

  • Rape
  • Impregnating a school girl
  • Burden of proof
  • Credibility of witness
  • Scientific evidence (dna)
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Criminal law bariki mathayo msuya vs republic 2023 tzca 17643 22 september 2023

bariki mathayo msuya vs republic 2023 tzca 17643 22 september 2023

The Court of Appeal quashed a conviction for carnal knowledge after finding the successor magistrate gave no reasons for taking over the trial, causing material prejudice.

  • Succession of magistrates
  • Material prejudice
  • Credibility of witness
  • Child witness
  • Section 214 criminal procedure act
  • Section 127 evidence act
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Criminal law mpemba joseph vs republic 2023 tzca 17623 18 september 2023

mpemba joseph vs republic 2023 tzca 17623 18 september 2023

The Court of Appeal allowed a second criminal appeal, finding the complainant’s delayed naming of the appellant without explanation made her evidence unreliable.

  • Rape
  • Impregnation of school girl
  • Credibility of witness
  • Delay in reporting
  • Defence of alibi
  • Criminal-appeal
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Criminal law waryoba elias vs republic 2023 tzca 17314 9 june 2023

waryoba elias vs republic 2023 tzca 17314 9 june 2023

The Court of Appeal upheld a murder conviction, holding that PW1’s recognition evidence was reliable and sufficiently corroborated by the surrounding circumstances.

  • Murder
  • Identification evidence
  • Credibility of witness
  • Defence of alibi
  • Criminal-appeal
  • Identification-evidence
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Criminal law shija bukombe v the republic 2023 tzhc 17524 24 april 2023

shija bukombe v the republic 2023 tzhc 17524 24 april 2023

The High Court allowed the appeal, quashed convictions for rape and impregnating a school girl, and ordered the appellant’s release.

  • Rape
  • Impregnating a school girl
  • Standard of proof
  • Credibility of witness
  • Evidence evaluation
  • Criminal-appeal
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Criminal law final Korneli August Nguma

final Korneli August Nguma

The prosecution failed to prove the charge as laid in the charge sheet due to variance and uncertainty regarding the date of commission of the offence, and did not amend the charge to reflect evidence of multiple incidents; this failure created reasonable doubt and entitled the appellant to acquittal.

  • Unnatural offence
  • Variance between charge and evidence
  • Credibility of witness
  • Child witness evidence
  • Burden of proof
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Criminal law MUDRICA ADAM VS THE REPUBLIC CRIMINAL APPEAL NO 379 OF 2023

MUDRICA ADAM VS THE REPUBLIC CRIMINAL APPEAL NO 379 OF 2023

The prosecution proved beyond reasonable doubt that the victim was below 18 years, penetration occurred, and the appellant was the perpetrator; statutory rape was established and the appellant's defence was not credible.

  • Statutory rape
  • Proof beyond reasonable doubt
  • Concurrent findings
  • Credibility of witness
  • Medical evidence
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