George Maili Kemboge versus The Republic

George Maili Kemboge versus The Republic; Criminal Appeal No. 327 of 2013: Court of Appeal of Tanzania (Unreported).

• Evidence

• Cross examination – Failure to cross examine a witness on an important matter – Effect

• Appeal

• Matters not raised in the lower court – whether can be raised at appeal.

Held:-

(i) It is trite law that failure to cross – examine a witness on an important matter ordinarily implies the acceptance of the truth of the witness evidence.

(ii) Matters not raised in the first appeal cannot be raised in a second appellate court.