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Tanzania Case Law

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Criminal law ISRAEL JOHN VS THE REPUBLIC

ISRAEL JOHN VS THE REPUBLIC

The High Court allowed the appeal, quashed the conviction for grave sexual abuse, and ordered the appellant’s release after finding reasonable doubt.

  • Grave sexual abuse
  • Burden of proof
  • Cross-examination
  • Medical evidence
  • Child witness
  • Alibi
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Criminal law EMMANUEL IBRAHIM AWAKI VS THE REPUBLIC

EMMANUEL IBRAHIM AWAKI VS THE REPUBLIC

The appeal was dismissed because the failure to provide the complainant's statement and charge did not prejudice the appellant and was curable under section 388 of the Criminal Procedure Act; the prosecution proved all elements of rape beyond reasonable doubt, including age and penetration; and the record showed the appellant was not denied the right to cross-examine the victim, with any error being a slip of the pen that did not affect the fairness of the trial.

  • Rape
  • Right to fair trial
  • Cross-examination
  • Proof beyond reasonable doubt
  • Procedural irregularities
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Land law wemaeli juma mlay vs anderson kimath and 2 others 2024 tzhc 651 4 march 2024

wemaeli juma mlay vs anderson kimath and 2 others 2024 tzhc 651 4 march 2024

The High Court allowed a land appeal, finding the tribunal failed to follow locus in quo procedure and denied a proper right of cross-examination, so the case was sent for retrial.

  • Locus in quo procedure
  • Right to cross-examination
  • Recording of assessors' opinions
  • Appeal timelines
  • Locus-in-quo-procedure
  • Cross-examination
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Criminal law simon ndoni chaulaya and kenneth bahati chiwanza vs the republic 2024 tzhc 168 9 february 2024

simon ndoni chaulaya and kenneth bahati chiwanza vs the republic 2024 tzhc 168 9 february 2024

The High Court allowed a criminal appeal, quashed convictions for unlawful possession and dealing in government trophies, and set aside the sentences.

  • Unlawful possession of government trophies
  • Unlawful dealing in government trophies
  • Admissibility of evidence
  • Right to cross-examine
  • Right to be heard
  • Standard of proof
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Land law zelida charles v steven kanyankole 2023 tzhc 23318 14 december 2023

zelida charles v steven kanyankole 2023 tzhc 23318 14 december 2023

Denial of opportunity to cross-examine witnesses and failure to record assessors' opinions constitute fatal procedural irregularities that vitiate the proceedings and require nullification and retrial.

  • Right to be heard
  • Cross-examination
  • Procedural fairness
  • Nullification of proceedings
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Criminal law sita nyaudima vs the republic 2023 tzhc 23671 11 december 2023

sita nyaudima vs the republic 2023 tzhc 23671 11 december 2023

The High Court allowed a criminal appeal after finding a fair-trial violation in the failure to complete cross-examination of a witness, and ordered a retrial.

  • Unlawful possession of government trophy
  • Fair trial rights
  • Procedural irregularity
  • Retrial
  • Criminal-appeal
  • Fair-trial-rights
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Criminal law the republic vs peter ntingwa peter 2023 tzhc 23278 5 december 2023

the republic vs peter ntingwa peter 2023 tzhc 23278 5 december 2023

The defence cannot effectively cross-examine or demonstrate contradictions without possession of the original previous statement of PW1; therefore, the Republic must supply the original statement to the defence to comply with procedural fairness and the requirements of section 154 of the Evidence Act as interpreted by precedent.

  • Cross-examination
  • Contradiction of witness statements
  • Production of documents
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Criminal law george amosi vs republic 2023 tzca 17564 29 august 2023

george amosi vs republic 2023 tzca 17564 29 august 2023

The Court of Appeal allowed a rape appeal after finding the complainant’s evidence was unsworn and the appellant was denied cross-examination of key witnesses.

  • Rape
  • Right to fair trial
  • Unsworn evidence
  • Cross-examination
  • Evidence law
  • Unsworn-evidence
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Criminal law JOEL EMMANUEL MCHOME VS REPUBLIC

JOEL EMMANUEL MCHOME VS REPUBLIC

The appellant was denied the right to fully cross-examine the victim, a key prosecution witness, which constitutes a procedural irregularity and miscarriage of justice, rendering the trial court proceedings, conviction, and sentence invalid.

  • Rape
  • Fair trial
  • Cross-examination
  • Procedural irregularity
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Criminal law said daimu bahati mkope v the republic 2023 tzhc 18673 28 june 2023

said daimu bahati mkope v the republic 2023 tzhc 18673 28 june 2023

High Court criminal appeal from convictions for attempted rape was dismissed. The court substituted the convictions to rape and increased the sentences to 30 years per count.

  • Rape
  • Attempted rape
  • Burden of proof
  • Cross-examination
  • Medical evidence
  • Criminal-appeal
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.