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…This is an application by Messrs A Y A Jiwaji & Jiwaji who are now acting for the defendant for dismissal of this suit for want of prosecution.…

…The latter, a month after their appointment on January 31, 1979 applied for the suit to be dismissed for want of prosecution. That application was listed for hearing on April 14, 1983.…

…The Prosecution then proceeded to cross examine the witnessto show that he was unreliable.…

…Anyanzwa, submitted that the prosecution made no attempt to establish any motive for such dastardly offence.…

…In this case, however, the second magistrate did not himself see and hear all the prosecution witnesses even though he said that he carefully “observed” the evidence given by the prosecution witnesses.…

…But even on the evidence itself it was the duty of the prosecution to prove the charge against the two appellants beyond any reasonable doubt and on the evidence brought by the prosecution I think that the appellants ought…

…The prosecution contended that the bandits paid the appellant for his services and the payment was in the form of some cattle.…

…On those facts the prosecution contended that the appellant consorted with the robbers.I agree with Mr. Metho, the learned Principal State Counsel, that those facts did not really constitute the charge of consorting.…

…The trial Magistrate and the Judge erred in failing to hold that the prosecution had failed to dislodge the appellant’s cross-examination by the prosecution.…

…On the 4th October 1985, shortly before the prosecution put its show on the road, Mr Sereje who appeared for the defence before the trial Magistrate and before us gave the prosecution notice that the appellant’s case was…

…He blamed the officer in charge Diani Police Station as having been instrumental in his arrest, beating and subsequent prosecution.…

…Having come to the foregoing conclusion, the tort of malicious prosecution must of necessity fail. There was justification for the arrest, detention and prosecution of the plaintiff.…

…The Court took the view that the prosecution’s failure to call those two suspects as witnesses raised the inevitable presumption that had they been called they would have given evidence unfavourable to the prosecution’s case…

…This raised the inevitable presumption that witnesses if called would have given unfavourable evidence against the prosecution. This failure on the part of the prosecution was fatal to the conviction.…

…Out of the seven witnesses called by the Prosecution to provetheir case, only two were presented as eye witnesses to whattranspired on that fateful day.…

…The Prosecution says the heavy object was the hoe handle whichonly Maria, P.W.3 saw and said it was used. One week later shegave it to Pc Alugongo who produced it as an exhibit.…

…Out of the seven witnesses called by the Prosecution to provetheir case, only two were presented as eye witnesses to whattranspired on that fateful day.…

…The Prosecution says the heavy object was the hoe handle whichonly Maria, P.W.3 saw and said it was used. One week later shegave it to Pc Alugongo who produced it as an exhibit.…

…It was the prosecution case that at the material time being 1 pm of 12th December, 1989 PW 1 who was the herdsboy for all the animals charged as robbed from him, took the herd and flock of sheep to water.…

…In the ultimate this Court is left in enormous doubt as to the quality of the prosecution evidence against the appellant.…

…Firstly, on the basis of the charge being defective, yet neither the prosecution nor the court amended it.…

…Masila, Prosecution Counsel, relied on the grounds of opposition filed by the DPP’s Office.…

…He accepted the evidence adduced by the prosecution witnesses in full.…

…more important, to enable the accused to know the actual elements of the charge the prosecution is out to prove by the evidence it will be adducing.…

…No. 406 of 2001 deals with criminal prosecution and abuse of court process.…

…Elsewhere in the judgment (page 15) the judges had this to say: “A prosecution that is oppressive and vexatious is an abuse of court process.…

…Jami prosecution counsel has served the appellants a Notice of enhancement of Sentence from fifteen (15) years to life imprisonment.…

…Otara: We had filed a motion which was served on the Director of Public Prosecution. Mr.…

…The prosecution reproduced the facts which the appellant admitted as true. It was said that he had no previous convictions.…

…) The prosecutor reproducing the facts constituting the offence. iv) The accused being asked and admitting whether they are true or not. v) Recording the response and entering a plea of guilty on facts admitted. vi) The prosecution…

…The prosecution case before the trial court was that the appellant made a document purporting it to be a sale agreement made and signed by one SALIM AWADH SULEIMAN, agreeing to sell his house at Chaani, Mombasa, to her at…

…The prosecution called evidence to show that a handwritten document which was exhibited may have been forged. A copy of the document was in the possession of the appellant.…

…Mr Prinja, in arguing grounds 5 and 6 of his appeal, alleged that the judge had considered the cases of the prosecution and of the defence in isolation to each other and had first accepted the evidence adduced by the prosecution…

…The learned judge set out the case for both the prosecution and the defence in some detail.…

…By the application of the doctrine the burden shifts from the prosecution to the accused to explain his possession of the item complained about.…

…He can only be asked to explain his possession after the prosecution have proved certain basic facts.…

…Both the trial court and the superior court had believed and accepted the evidence of the complainant and the rest of the prosecution witnesses and had rejected the appellant’s version of the incident.…

…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…