Alex Nyambeho and Another versus The Republic; Criminal Appeal No 3 of 2013: Court of Appeal of Tanzania at Mwanza (Unreported).
- Evidence
- Doctrine of recent possession – when applicable as a basis of conviction?
- Witnesses – credibility of witnesses - whether second appellate court may assess credibility of witnesses.
Held:-
(ii) For the doctrine of recent possession to apply as a basis for conviction, it must positively be proved, first, that the property was found with the suspect, second, the property is positively the property of the complainant, third; that the property was recently stolen from the complainant; and lastly, that the stolen thing in possession of the accused constitutes the subject of a charge against the accused.
(ii) It is now trite law that in assessing the credibility of any witness, the trial court does not enjoy exclusive monopoly. Apart from demeanour, even the Court of Appeal on a second appeal has jurisdiction to do so in order to advance the interest of justice.