[2022] TZCA 318

Republic v. Komba

Court of Appeal of Tanzania · Dar es Salaam · 22 July 2022

Cite This Case
  • Neutral citation Republic v. Komba [2022] TZCA 318
  • Full citation Republic v. Komba, Criminal Appeal No. 31 of 2021 (Court of Appeal of Tanzania, 22 July 2022)
  • Link https://lawreports.online/case/republic-v-komba/

1. Overview

Headnote

On the proper direction to be given on identification evidence, and the duty of the trial court to warn itself.

2. Full Judgment

Republic of Tanzania

Court of Appeal of Tanzania at Dar es Salaam

[2022] TZCA 318

Republic v. Komba

Neutral Citation:
[2022] TZCA 318
Case Number:
Criminal Appeal No. 31 of 2021
Date of Judgment:
22 July 2022
Judge:
Hon. Justice S. K. Example

JUDGMENT

Introduction

  1. On the proper direction to be given on identification evidence, and the duty of the trial court to warn itself.
  2. The accused denied the charge and the matter proceeded to full hearing.

Background

  1. The prosecution called five witnesses, including the complainant, an investigating officer and a forensic analyst. The defence called two witnesses.
  2. The court has considered the evidence, the submissions of counsel on both sides and the authorities cited, and sets out its findings below.

Analysis

  1. The first question is whether the evidence adduced meets the required standard. The court has reminded itself that the burden rests on the party who asserts, and that it does not shift.
  2. On the second question, the court finds that the evidence of identification was clear, consistent and made in conditions favourable to correct identification.

Citations (0)

Referenced In (1)

Judges

Subject Terms