Ismail Seleman Nole versus The Republic

Ismail Seleman Nole versus The Republic; Criminal Appeal No. 117 of 2013: Court of Appeal of Tanzania at Mtwara (Unreported).

• Evidence

• Cross –examination – failure to cross examining a witness on a certain point – Effect
• Cautioned statement – Accused not informed his rights prescribed under section 53(c)(i) and (iii) of CPA – Effect

• Appeals

• New matters – Introduction of new matters on appeal-whether they can be entertained.

Held:-

(i) If the fundamental procedural requirements under section 169 (1),(2) and (3) of the CPA are flouted,  the court should not admit the cautioned statement.

(ii) A decision not to cross – examine a witness at all or on a particular point is tantamount to an acceptance of the unchallenged evidence as accurate, unless the testimony of the witness is incredible or there has been a clear notice of the intention to impeach the relevant testimony.

(iii) As a matter of general principle, an appellate court cannot allow matters not taken or pleaded and decided in the court(s) below to be raised on appeal.