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Tanzania decisions
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The respondent failed to prove ownership of the disputed land to the required standard as the sale agreement was invalid and material witnesses were not called, warranting adverse inference. The trial tribunal's decision was set aside.
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The High Court allowed a criminal appeal over transporting illegal immigrants, finding the prosecution had not proved possession or supervision of the vehicle beyond reasonable doubt.
The prosecution failed to prove the offence of stealing by servant against the appellants beyond reasonable doubt due to contradictory evidence, failure to call material witnesses, improper admission and reliance on exhibits, and the trial court's failure to consider the defence evidence and provide adequate reasons for conviction.
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The prosecution failed to prove the offence of attempted rape beyond reasonable doubt due to unreliable identification, failure to call a material witness, and improper admission of the cautioned statement, rendering the conviction unsafe.
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The prosecution proved all elements of gang rape beyond reasonable doubt: the victim was under 18, penetration occurred, and the appellant was identified as a perpetrator. There was no material variance between the charge and the evidence regarding the place of the offence. The victim named the appellant at the earliest opportunity, and the failure to call additional witnesses did not affect the sufficiency of the prosecution case. The appellant's defence did not raise reasonable doubt.
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The prosecution failed to prove the charge beyond reasonable doubt due to doubts regarding the identity of the appellant, failure to call material witnesses, and lack of credibility in the victim's testimony.
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The Court of Appeal allowed a rape appeal, quashed the conviction and set aside the 30-year sentence, finding the prosecution case unproved beyond reasonable doubt.
The conviction was unsafe because the identification of the appellant by the child victim was not water tight, and the failure to call material witnesses (Rozana and village leaders) created reasonable doubt as to the reliability of the prosecution case.
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The High Court allowed a rape appeal, quashing conviction and sentence after finding contradictions, lack of corroboration, and failure to call a material witness.
The appellants raised reasonable doubt in the prosecution case through their defence, highlighting contradictions in the evidence, failure to call material witnesses, and inconsistencies regarding the date of the alleged offence. The prosecution failed to prove the case beyond reasonable doubt as required by law.
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