Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The High Court allowed a criminal appeal after holding that documentary exhibits admitted at trial but not read in court had to be expunged, leaving no evidence to sustain conviction.
The charge was properly amended to include section 131(3) of the Penal Code, justifying the sentence of life imprisonment. The evidence of the child witness PW3 was properly admitted as she promised to tell the truth, complying with section 127(2) of the Evidence Act. Expunging exhibits PI and P2 did not materially affect the prosecution case, as the conviction was based on credible and reliable testimony of PW3 corroborated by PW1. The prosecution proved the charge of rape beyond reasonable doubt, and all grounds of appeal lacked merit.
Source excerpt
The first appellate court's failure to consider the appellant's grounds of appeal rendered its judgment a nullity. The trial and first appellate courts also failed to consider the appellant's defence. Exhibits relied upon for conviction were wrongly admitted by the prosecutor instead of witnesses and were expunged. Without those exhibits, the remaining prosecution evidence did not prove the case beyond reasonable doubt. The appellant's unchallenged defence raised serious doubt, and the prosecution's failure to cross-examine on crucial points estopped it from disputing the appellant's version.
Source excerpt
The conviction was quashed because the testimony of the child victim was improperly admitted without a voire dire, the PF3 was improperly admitted by the prosecutor and thus expunged, and without these, the prosecution's evidence was insufficient to prove the case beyond reasonable doubt.
Source excerpt
The High Court allowed the prosecution’s appeal, holding that the trial court wrongly rejected a Government Chemist report without evidence supporting the stated defect in the requesting officer’s rank.
Conviction cannot stand where documentary evidence was admitted but not read out as required by law; expunging such evidence leaves prosecution case unsupported, warranting acquittal.
Source excerpt
The Court of Appeal allowed a rape appeal after finding child-witness evidence was admitted without the required promise to tell the truth and the remaining proof was insufficient.
The appeal was allowed because the appellant was denied the right to cross-examine the author of the valuation report and the respondent was not competent to tender the report, rendering the trial unfair.
Source excerpt
Explore more
