The Court of Appeal of Tanzania in Damian Kiula & Charles vs. Republic [1992] TLR 16 held that for the defense of provocation to stick, it must pass objectives test of whether an ordinary man in the community to which the accused belongs would have been provoked in the circumstances. The Court said further that the best judges to determine the question of whether an ordinary man in the community could be provoked are assessors for they are the ordinary persons of the community to which the accused belongs.
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