Case law
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Division and case type: CriminalCriminal Appeal
….………..RESPONDENT JUDGMENT The sole question of law in this appeal is whether the decision of the judge to invoke section 166(1) and (2) of the Criminal Procedure Code is warranted on the evidence.…
…Mr Aminga urged that that particular evidence was within the province of the defence and that if the defence had had the opportunity to lead medical evidence, the defence would have demonstrated that there were no chances…
Division and case type: Constitutional and Human RightsPetition
…In it he deposed that he was aggrieved by the fact that the court martial had not properly evaluated the evidence on record before preferring the conviction.…
…He submitted that there were gaps left by the evidence on record which meant that his appeal had high chances of success.…
Division and case type: Milimani Commercial CourtsCriminal Appeal
…(except the one regarding the camera and the calculator) was called to give evidence or to identify the comparatively large number of items which were found upon the appellants, that the bus inspector’s evidence of purported…
…In the absence of any other evidence, Mr Harwood quite properly could not see how all the appellants had been in joint possession of these items.…
Division and case type: CriminalCriminal Case
…Sufficiency of evidence must be looked at from the subjective view of the investigating officer. Sufficient evidence must be such that in the opinion of such police officer such evidence may result in conviction.…
…This must be considered in the light of all the evidence. There is evidence that there was a crowd outside the store after the police started arriving.…
Division and case type: CriminalCriminal Case
…Sufficiency of evidence must be looked at from the subjective view of the investigating officer. Sufficient evidence must be such that in the opinion of such police officer such evidence may result in conviction.…
…This must be considered in the light of all the evidence. There is evidence that there was a crowd outside the store after the police started arriving.…
Division and case type: Constitutional and Human RightsJudicial Review
…The minutes of this meeting were attached as evidence. 7.…
…However, no evidence was adduced to prove that a notice had been given prior to the meeting of the 29th of September 2020. 11.…
Division and case type: CivilCivil Case
…Given the fact that sometimes different people may bear the same or similar names or names with very small or insignificant differences, one requires positive evidence to show that the two of the six respondents in the former…
…In his judgment delivered on September 10, 1985, Mr Justice Joseph Butler – Sloss, went through the evidence and found that as at the time of filing the originating summons in 1979, the applicant had not been in possession…
Division and case type: CriminalCriminal Appeal
…He denied the offence and said the evidence of PW1 was false. During cross-examination, he denied shouting that the deceased was a thief and repeated that the evidence of PW1 was false.…
…The prosecution case was dependent on the evidence of PW1.…
Division and case type: CriminalCriminal Appeal
…There was no other evidence of any other kind whatever against the appellant.…
…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…
Division and case type: CriminalCriminal Appeal
…There was no other evidence of any other kind whatever against the appellant.…
…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…
Division and case type: CriminalCriminal Appeal
…There was no other evidence of any other kind whatever against the appellant.…
…The first ground of appeal that there was not sufficient evidence to sustain the conviction is a matter of law, though whether the evidence is sufficient (when there is some evidence) is a matter of fact: See R v T Mohamed…
Division and case type: CriminalCriminal Appeal
…There was no evidence that the counting was in James’ presence.…
…There was evidence that the lavatory was near a common path to and from the house of Philip.…
Division and case type: CriminalCriminal Appeal
…evidence was imsy, and burden of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a…
…The respondent led straightforward evidence from the victim, and medical evidence from the clinician, which established prima facie, the 2 oences charged.…
Division and case type: CriminalCriminal Appeal
…evidence was imsy, and burden of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a…
…The respondent led straightforward evidence from the victim, and medical evidence from the clinician, which established prima facie, the 2 oences charged.…
Division and case type: CriminalCriminal Appeal
…evidence was imsy, and burden of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a…
…The respondent led straightforward evidence from the victim, and medical evidence from the clinician, which established prima facie, the 2 oences charged.…
Division and case type: CriminalCriminal Case
…evidence was imsy, and burden of proof was shifted and the defence rejected, there was no evidence that PW3 entered the premises with a motorcycle, the electronic evidence was not properly produced, the appellant had a…
…The respondent led straightforward evidence from the victim, and medical evidence from the clinician, which established prima facie, the 2 oences charged.…
Division and case type: CriminalCriminal Case
…There is therefore absolutely no evidence or prima facie evidence linking the 2nd accused to the death of the deceased. In the circumstances he cannot be called upon to defend himself.…
…All the police officers who testified in this trial did not confirm the evidence that they were given the description of the attackers.…
Division and case type: CriminalCriminal Appeal
…Grounds 1 and 5 of the appeal have expressed the appellant’s disbelief over the acceptance of the sole evidence of the complainant about the incident as against the appellant’s evidence (unsworn statement ) and his action…
…The evidence of the sole prosecution witnesses to the incident, that is the evidence of the complainant, was fully corroborated by that of the other four Tanzanians who had contributed to the sum that was brought by the complainant…
Division and case type: CriminalCriminal Appeal
…This was confirmed by Mr Too (PW12) in his evidence. As a result, the matter was investigated and the appellant was arrested and charged.…
…Upon my consideration and evaluation of the recorded evidence, I find that there was no sound basis for any conclusion that the appellant was the one who had impersonated the Director of CID on phone and requested for his…
Division and case type: CivilCivil Case
…Having considered both the evidence of the plaintiff and the D.W. 1, I think, between the two, that of DW 1 is more credible.…
…As regards the defendant’s counter-claim, no evidence was led to show that the plaintiff was responsible for the breakage.…