Tanzania Case Law

the republic vs elija thomas patrice anthony patrick 2023 tzhc 23170 24 november 2023

Court

TZHC

The Flash Disk is admissible as an additional exhibit because the requirements of section 289(1) of the Criminal Procedure Act were met, the defence was notified and aware, and the person tendering the exhibit (PW13) had sufficient knowledge and possession as per binding precedent. Objections regarding description, authenticity, and access to contents do not bar admission at this stage.

Source excerpt

• Admissibility of evidence
• Procedure for tendering exhibits
• Notice of additional evidence
• Interpretation of criminal procedure act
• Interpretation of evidence act

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rajabu joseph vs juliana arusha 2023 tzhc 18992 3 july 2023

Court

TZHC

High Court second appeal on improperly admitted exhibits in a tractor sale dispute. The court found a flawed evidence process and ordered a retrial.

• Admissibility of evidence
• Procedure for tendering exhibits
• Right to fair hearing
• Retrial orders
• Sale of goods
• Admissibility-of-evidence

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Criminal Session 21 of 2023 Ruling Mrisha J

Court

TANZLII

PW8 did not read or divulge the contents of the cautioned statement before its admission; he narrated what he heard from the accused without having the document in hand. Therefore, the objection lacks merit and the cautioned statement is admissible as an exhibit.

Source excerpt

• Admissibility of cautioned statements
• Procedure for tendering exhibits
• Fatal irregularity in evidence admission

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jumanne mondelo vs republic 2020 tzca 1798 6 october 2020

Court

TZCA

The Court of Appeal of Tanzania partly allowed a criminal appeal, expunged a wrongly tendered exhibit, and substituted armed robbery with assault after finding theft was not proved.

• Armed robbery
• Defective charge sheet
• Admissibility of evidence
• Proof beyond reasonable doubt
• Substitution of conviction
• Procedure for tendering exhibits

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sospeter charles vs republic 2020 tzca 1720 13 august 2020

Court

TZCA

The Court of Appeal quashed burglary and stealing convictions after finding procedural defects and insufficient proof of essential offence ingredients.

• Burglary
• Stealing
• Admissibility of evidence
• Procedure for tendering exhibits
• Preliminary hearing
• Burden of proof

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kidua mafyeko vs republic 2017 tzhc 2021 3 august 2017

Court

TZHC

The conviction was quashed because all prosecution exhibits were improperly tendered by the prosecutor rather than witnesses, making them inadmissible. Without these exhibits and other crucial documents such as the search warrant and certificate of seizure, the prosecution's evidence was insufficient to sustain a conviction beyond reasonable doubt.

Source excerpt

• Unlawful possession of government trophy
• Admissibility of evidence
• Procedure for tendering exhibits
• Burden of proof
• Economic and organised crimes

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