ABEL MALIGISI V. PAUL FUNGAMEZA

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R V. PALAMAMBA FUNDIKIRA (1947)EACA 96

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R V. PALAMAMBA FUNDIKIRA (1947) EACA 96 In this case a trial by ordeal was conducted to discover who has by witchcraft caused the death of 11 children of the first appellant. Four women were accused as the causative of death of the children and to prove their innocence they were subjected to a tradition test of drinking a tradition medicine called MWAVI. By itself mwavi is not a poison but once taken by a person with an evil mind it becomes a poison. Upon taking upon taking two women died and other two vomited.
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R v. CHEPE KALANGALI(1973) LRT 77 failure of discharging duty of care

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In this case the accused failed to take care of the deceased child who was in his custody and who was suffering from cold . As a resultant exposure to cold hastened the death of the deceased. The court Held: Mzanva. J ( As he was then was) the accused was found of being guilty of manslaughter within the meaning of 203 of the penal code. He observed that for a person to be guilty of manslaughter by negligence there must be a proof of that he had duty of care , that he failed to discharge thereby causing the death of the deceased. So from this principle that led to the development pf law of ngligence is that breach of duty is a crime.
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 Trust Bank Ltd V. Le – Marsh Enterprises Ltd, Joseph Mbui Magari, and Lawrence Macharia .  In this case, the court ruled that the electronic evidence is admissible in Tanzanian Courts and the same was a departure from the strict rule of best evidence that only primary evidence i.e. original documents are admissible. He further notes that, judges are not to be ignorant of modern n business methods and stay aloof to the mysteries of the computer.  This decision, in his opinion shows the judicial activism and the role of judiciary in filling gaps left by the legislature. The legislature following this decision responded by enacting Electronic Evidence Amendments Act, 2007 which provides for provision for the reception of electronic evidence in courts of law in Tanzania.  The new section added is section 40A, to the Tanzania Evidence Act, 1967 . Inter alia, the section provides that in any criminal proceedings information retrieved from computer systems, networks or sev...
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