The court held that the applicant had demonstrated a prima facie case on the interpretation of the Treaty.
2. Full Judgment
Republic of Tanzania
East African Court of Justice at Arusha
[2024] EACJ 15
Katende v. East African Community
Neutral Citation:
[2024] EACJ 15
Case Number:
Reference No. 6 of 2023
Date of Judgment:
3 May 2024
Judge:
Hon. Justice R. M. Specimen
JUDGMENT
Introduction
The court held that the applicant had demonstrated a prima facie case on the interpretation of the Treaty.
The accused denied the charge and the matter proceeded to full hearing.
Background
The prosecution called five witnesses, including the complainant, an investigating officer and a forensic analyst. The defence called two witnesses.
The court has considered the evidence, the submissions of counsel on both sides and the authorities cited, and sets out its findings below.
Analysis
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.
On the second question, the court finds that the evidence of identification was clear, consistent and made in conditions favourable to correct identification.
