[2023] TZCA 421

Nyerere v. Attorney General

Court of Appeal of Tanzania · Dar es Salaam · 22 November 2023

Cite This Case
  • Neutral citation Nyerere v. Attorney General [2023] TZCA 421
  • Law report citation Nyerere v. Attorney General [2023] TLR 421
  • Full citation Nyerere v. Attorney General, Civil Appeal No. 102 of 2022 (Court of Appeal of Tanzania, 22 November 2023)
  • Link https://lawreports.online/case/nyerere-v-attorney-general/

1. Overview

Headnote

The Court of Appeal examined the constitutionality of the impugned provisions and held that the limitation was not shown to be necessary and proportionate.

2. Full Judgment

Republic of Tanzania

Court of Appeal of Tanzania at Dar es Salaam

[2023] TZCA 421

Nyerere v. Attorney General

Neutral Citation:
[2023] TZCA 421
Law Report:
[2023] TLR 421
Case Number:
Civil Appeal No. 102 of 2022
Date of Judgment:
22 November 2023
Judge:
Hon. Justice S. K. Example

JUDGMENT

Introduction

  1. The Court of Appeal examined the constitutionality of the impugned provisions and held that the limitation was not shown to be necessary and proportionate.
  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