Karibu Katika Mfumo wa Taarifa za Maamuzi, Sheria na Kanuni za Tanzania

TanzLII ni tovuti ya Serikali ya Tanzania inayochapisha maamuzi, sheria na kanuni bure mtandaoni. TanzLII inaruhusu ufikiaji bure wa maamuzi, sheria na kanuni za Tanzania na ni mwanachama wa Jumuiya ya Afrika ya LIIs.

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Recent Judgments

Defective identification parade did not invalidate conviction where recent possession and other circumstantial evidence firmly linked the appellant to armed robbery.
Criminal law — visual identification and identification parade — requirement of prior description; Circumstantial evidence — recent possession and recovery of stolen property; Cautioned statement — procedural irregularity not necessarily vitiating conviction; Non-arrest of third party — accused cannot benefit from his own creation.
16 March 2026
A certificate of title prevails; the plaintiff's unaccepted offer and unreliable receipts failed to establish ownership.
Land law – ownership of surveyed land – offer of right of occupancy versus certificate of title; acceptance and payment conditions; Administrator General (RITA) consent not equivalent to grant by land-allocating authority; evidential weight of land rent receipts; certificate of title as conclusive proof unless unlawfully obtained; caveat and GN No.169 (BAKWATA vesting).
16 March 2026
Appellate court quashed decision where trial magistrate raised "dead law" suo motu, denying the applicant the right to be heard.
Administrative law – Right to be heard (audi alteram partem) – Court raising issues suo motu – Procedural fairness – "Dead law"/statutory renumbering – Supervisory jurisdiction to quash and remit for retrial.
16 March 2026
High Court held e-CMS endorsement and substantive grounds of appeal overcome formal filing defects; preliminary objections dismissed.
Civil procedure — Preliminary objections — Competence of appeal — Requirement to file first at District Court and e-CMS endorsement; Matrimonial Proceedings Rules — Memorandum of appeal vs petition of appeal — Substance over form; Avoidance of procedural technicalities.
16 March 2026
Affidavit evidence and village endorsement can suffice for the applicant to obtain exhumation and reburial despite lack of documentary proof.
Exhumation of remains – sufficiency of affidavit and community corroboration – proof after long lapse of time – avoidance of undue technicalities – authority to exhume and rebury under village supervision
16 March 2026
Interim injunction denied where applicant failed to establish a prima facie case or sufficiently identify the disputed land.
Civil procedure — Interim injunction — Requirement of a prima facie case and bona fide contest — Necessity of clear identification and coherent linkage between sale agreement and registered title — Insufficiency of inconsistent property descriptions — Balance of convenience and irreparable harm not shown.
13 March 2026
The applicants' convictions were quashed due to unsafe visual identification, broken chain of custody, and uncorroborated confessions.
Criminal law — visual identification — safety of identification evidence; Evidence — chain of custody — identification of suspected stolen property; Evidence — cautioned/confessional statements — requirement of independent corroboration; Doctrine of recent/constructive possession — reliance on properly identified exhibits; Proof beyond reasonable doubt.
13 March 2026
Court restored Ward Tribunal decision, holding pecuniary jurisdiction requires evidence, not assumptions about land size.
Land law — pecuniary jurisdiction — value must be established by evidence (valuation report) — size of land alone insufficient; Civil procedure — appeal route under s.38 LDCA — overriding objective may justify hearing on merits.
13 March 2026
Administrator failed to prove estate title; court upheld respondents' hereditary long-occupation and dismissed the appeal.
Land dispute – proof of ownership – burden of proof and standard (preponderance of probabilities) – variance between pleadings and evidence – hearsay inadmissible – long occupation and customary inheritance as proof – appellate re-evaluation of credibility (Hemed Said v Mbilu).
13 March 2026
Court convicted several accused of conspiracy to commit terrorist acts but acquitted on multiple specific terrorism counts due to lack of corroboration.
Prevention of Terrorism Act — Conspiracy to commit terrorist acts — Weight and corroboration of cautioned/confessional statements — Admissibility and sufficiency of seizure and ballistic evidence — Hearsay and requirement for independent corroboration — Alibi notice requirement under EOCCA/Criminal Procedure Act — Unlawful possession of firearms.
13 March 2026
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