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Tanzania Case Law

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Criminal law Elizabeth Sifuni Mbwambo v Republic

Elizabeth Sifuni Mbwambo v Republic

The High Court allowed a criminal appeal, finding the prosecution had not proved personation of a public servant beyond reasonable doubt.

  • Personation of public servant
  • Standard of proof
  • Actus reus
  • Mens rea
  • Personation-of-public-servant
  • Criminal-appeal
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Criminal law 57

57

The High Court dismissed a criminal appeal against a narcotic drugs trafficking conviction, holding that the prosecution proved possession beyond reasonable doubt.

  • Drug trafficking
  • Burden of proof
  • Search and seizure
  • Mens rea
  • Drug-trafficking
  • Burden-of-proof
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Criminal law SULEIMAINI

SULEIMAINI

The prosecution failed to prove the charge beyond reasonable doubt as there was insufficient evidence that the respondent had knowledge the ram was stolen, and discrepancies existed in the identification of the stolen animal. The doctrine of recent possession was wrongly invoked by the trial court, and the burden of proof was improperly shifted to the accused.

  • Stealing animals
  • Burden of proof
  • Recent possession
  • Mens rea
  • Contradictory evidence
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Criminal law republic vs amos chacha marwa three others 2023 tzhcced 15 24 july 2023

republic vs amos chacha marwa three others 2023 tzhcced 15 24 july 2023

The prosecution failed to prove beyond reasonable doubt that the accused persons had knowledge of the narcotic drugs concealed in maize bags, and failed to maintain an unbroken chain of custody for the exhibits; thus, the accused are acquitted.

  • Trafficking in narcotic drugs
  • Chain of custody
  • Burden of proof
  • Possession
  • Mens rea
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Criminal law joseph deengw and 1 another vs paschal goigoi 2023 tzhc 18987 30 june 2023

joseph deengw and 1 another vs paschal goigoi 2023 tzhc 18987 30 june 2023

The High Court dismissed a second criminal appeal, holding that an unresolved land-ownership dispute did not defeat criminal trespass where ownership had already been determined.

  • Criminal trespass
  • Land ownership dispute
  • Jurisdiction
  • Mens rea
  • Criminal-trespass
  • Land-ownership-dispute
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Criminal law emmanuel mabula ngelela vs republic 2023 tzhc 18374 26 june 2023

emmanuel mabula ngelela vs republic 2023 tzhc 18374 26 june 2023

The High Court allowed a criminal appeal, finding a cow-purchase dispute was contractual and civil, not stealing by agent, and quashed the conviction.

  • Stealing by agent
  • Mens rea
  • Contractual disputes
  • Criminal vs civil liability
  • Burden of proof
  • Stealing-by-agent
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Criminal law PC CRIMINAL APPEAL NO

PC CRIMINAL APPEAL NO

Although the appellant entered the respondent's house without permission, the prosecution failed to prove beyond reasonable doubt that she had the intention to commit an offence, intimidate, insult, or annoy the respondent. The evidence showed she entered peacefully and waited to see the respondent, and no guilty mind was established. Therefore, the conviction and sentence could not stand.

  • Criminal trespass
  • Mens rea
  • Burden of proof
  • Appeals
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Criminal law JUDGMENT OF ABEL GODWIN VS YOMANDA KITUMBIKA

JUDGMENT OF ABEL GODWIN VS YOMANDA KITUMBIKA

The prosecution failed to prove beyond reasonable doubt that the appellants committed theft as the evidence did not establish ownership, value, or intent to deprive the true owner. The appellants acted under an honest belief that the property belonged to the seller, and absence of criminal intent precluded conviction for theft.

  • Theft
  • Burden of proof
  • Actus reus
  • Mens rea
  • Ownership dispute
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Criminal law leonard ngarya vs the republic 2021 tzhc 10714 13 december 2021

leonard ngarya vs the republic 2021 tzhc 10714 13 december 2021

High Court appeal against a common assault conviction by a teacher. Conviction and two-year sentence were quashed for lack of mens rea and unproven expert evidence.

  • Common assault
  • Corporal punishment
  • Mens rea
  • Criminal procedure
  • Evidence admissibility
  • 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.