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Tanzania Case Law

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Criminal law Masunga Washa Migato

Masunga Washa Migato

Prosecution failed to prove beyond reasonable doubt that appellant was arrested within statutory boundaries of Serengeti National Park, failed to establish reliability and admissibility of electronic evidence (GPS map), and expert evidence on trophy identification was insufficiently scientific; trial court's conviction and sentence are unsustainable.

  • Unlawful possession of weapons
  • Unlawful possession of government trophy
  • Admissibility of electronic evidence
  • Burden of proof
  • Expert evidence
  • Digital case management
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Criminal law Mayenga James Nyakashero

Mayenga James Nyakashero

The prosecution failed to prove beyond reasonable doubt that the appellant was arrested within the statutory boundaries of Serengeti National Park and that the alleged government trophy was scientifically identified as wildebeest meat; chain of custody and electronic evidence were not properly established; expert evidence lacked scientific analysis; thus, conviction and sentence cannot stand.

  • Unlawful possession of weapons
  • Unlawful possession of government trophy
  • Chain of custody
  • Electronic evidence
  • Expert evidence
  • Burden of proof
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Tort ramadhani hakika vs chacha msabi mariba 2023 tzhc 23748 20 november 2023

ramadhani hakika vs chacha msabi mariba 2023 tzhc 23748 20 november 2023

Appellant failed to strictly prove special damages and extent of injuries due to lack of expert evidence, but it was undisputed he sustained injuries from respondent's negligence. Court awarded general damages for pain and suffering.

  • Negligence
  • Compensation for personal injury
  • Burden of proof
  • Special damages
  • General damages
  • Expert evidence
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Land law JUMANNE NGINGO SCANNED

JUMANNE NGINGO SCANNED

The trial tribunal erred in law and fact by usurping the expert opinion role regarding handwriting, failed to properly analyse evidence and exhibits, and relied on assumptions not supported by procedure or pleadings, violating principles of natural justice and the Evidence Act.

  • Ownership dispute
  • Expert evidence
  • Evaluation of evidence
  • Natural justice
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Criminal law republic versus nuhu ibrahim lukali 2023 tzhc 20589 25 august 2023

republic versus nuhu ibrahim lukali 2023 tzhc 20589 25 august 2023

The chain of custody of Exhibit P5 was not maintained due to missing evidence regarding its handling by P/C Hemed, and key prosecution witnesses failed to identify the exhibit in court, creating reasonable doubt and fatal irregularity in proof of the offence.

  • Trafficking in narcotic drugs
  • Chain of custody
  • Certificate of seizure
  • Expert evidence
  • Acquittal
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Criminal law republic versus athumani mohamed mwegio another 2023 tzhcced 13 12 july 2023

republic versus athumani mohamed mwegio another 2023 tzhcced 13 12 july 2023

The High Court convicted two accused of trafficking 529.05 kilograms of khat after finding the search lawful, the chain of custody intact, and laboratory proof conclusive.

  • Trafficking in narcotic drugs
  • Chain of custody
  • Search and seizure
  • Destruction of evidence
  • Expert evidence
  • Alibi defence
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Criminal law Joseph Machota

Joseph Machota

The trial court lacked jurisdiction to try the economic offences due to absence of certificate conferring jurisdiction; proceedings, conviction, and sentence are nullities. Retrial is not ordered as it would allow prosecution to fill evidentiary gaps, contrary to established legal principles.

  • Jurisdiction
  • Expert evidence
  • Retrial
  • Possession of government trophy
  • Unlawful possession of weapons
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Criminal law MOHAMED JUMANNE VERSUS REPUBLIC

MOHAMED JUMANNE VERSUS REPUBLIC

The prosecution proved beyond reasonable doubt that the appellant committed the unnatural offence against the victim, a child under 18, through credible and corroborated evidence, including the victim's testimony and medical evidence. The failure to read out the affidavit regarding age was a procedural error, but oral and other documentary evidence sufficiently established the victim's age. The appeal lacked merit and was dismissed.

  • Unnatural offence
  • Sexual offences against children
  • Evidence law
  • Expert evidence
  • Appeal procedure
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Criminal law Manyanja Shija 1

Manyanja Shija 1

The prosecution proved the case beyond reasonable doubt as discrepancies in the description of the seized items were minor and immaterial, the chain of custody was intact, the cautioned statement was properly admitted, and the claim of indefinite detention was unsubstantiated; however, the expert (PW2) failed to establish his qualifications, leading to the expunging of the trophy examination and valuation certificate, but this did not affect the overall proof of the case.

  • Unlawful possession of government trophies
  • Chain of custody
  • Expert evidence
  • Admissibility of evidence
  • Indefinite detention
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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.