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Citation
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Judgment date
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| April 2026 |
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Medical opinion, last‑person‑seen doctrine and cogent circumstantial evidence upheld murder conviction and sentence.
Criminal law – murder – cause of death proved by medical evidence (strangulation) – doctrine of the last person to be seen with the deceased – reliance on cogent circumstantial evidence – non‑production of investigator and absence of DNA test not necessarily fatal to prosecution
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10 April 2026 |
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Judge may compare disputed signatures under s.75(1); party alleging forgery bears burden to prove it; bank's sale upheld.
Evidence — Proof of signature — s.75(1) Evidence Act permits judicial comparison of signatures; expert opinion advisory not mandatory; Burden of proof — Allegation of forgery lies on party asserting it (s.110); Land law — Bank's exercise of sale under s.127 of the Land Act valid where matrimonial house was mortgaged with spouse's consent
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10 April 2026 |
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Procedural delays and minor clerical defects did not invalidate a statutory rape conviction supported by credible evidence.
Criminal appeal - delay in arraignment - effect on trial; Credibility of epileptic victim; Contradictions in evidence - name discrepancy; Sketch map and investigator evidence - complementary; Requirement to sign charge - no legal mandate
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10 April 2026 |
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Conviction quashed where identification was unreliable due to failure to name suspects early and inadequate identification particulars.
Criminal law — Identification evidence — Failure to name suspect at earliest opportunity — Lighting and distance — Second appeal interference with concurrent factual findings — Variance between charge particulars and witness evidence
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10 April 2026 |
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Failure to physically approach the Registrar within 14 days after a 90-day lapse warranted striking out the respondent's notice of appeal.
Civil procedure — Appeal documents — Rule 90(5) Court of Appeal Rules 2009 — duty to physically approach the Registrar within 14 days after 90-day lapse — letters and dealings with registry clerks insufficient; affidavit verification lapse (lapsus calami) not fatal
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10 April 2026 |
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Appeal allowed because unexplained breaks in the chain of custody undermined admissibility of narcotics exhibits.
Criminal law – narcotics trafficking – chain of custody – admissibility and integrity of physical exhibits – unexplained transfer breaks vitiate evidence reliability
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10 April 2026 |
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Conviction overturned where broken chain of custody and delays destroyed evidential value of seized drugs.
Drug offences – trafficking – seizure and laboratory analysis – chain of custody – delays and undocumented handovers vitiating evidential value – admissibility of exhibits – proof beyond reasonable doubt
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10 April 2026 |
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Appeal dismissed: rape conviction and life sentence upheld; voluntariness objections to cautioned statement and parade issues barred or immaterial.
Criminal law – statutory rape of a minor – proof required: penetration, age, and identity; cautioned statements — objection at trial required or barred on appeal; identification parades — facts admitted at preliminary hearing deemed proved; arrest in flagrante makes identification issue immaterial
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10 April 2026 |
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Court expunged improperly recorded extra-judicial statements but upheld murder convictions based on confession leading to discovery.
Criminal law — Circumstantial evidence — 'Last seen with the deceased' doctrine; confession leading to discovery (s.31 Evidence Act) — Competence of justice of the peace/extra-judicial statements (s.57 Magistrates' Courts Act & Chief Justice's Guide) — Expungement of invalid statements — Admissibility of witnesses where substance read at committal
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10 April 2026 |
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Cautioned statements taken in breach of statutory procedure and an involuntary oral confession cannot support conviction.
Criminal procedure – Cautioned statements – Compliance with section 59 CPA – Recording at accused’s instance – Admissibility; Confession – Voluntariness – accused handcuffed and under armed custody; Trials within-trial – assessors absent – procedural impact; Proof beyond reasonable doubt – inadmissible confessions removed
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10 April 2026 |
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Failure by the Vice Chairman to record differing members' opinions and reasons renders the Board's judgment fatally defective.
Tax law — deductibility of technical services fees; transfer pricing documentation vs proof of services; procedural compliance by Tax Revenue Appeals Board — rule 15(3) and section 20; Segeseie principle — failure to record differing members' opinions and reasons is fatal; judgment quashed and remitted
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9 April 2026 |
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Conviction for child rape quashed because prosecution failed to call a material investigator despite corroborative evidence.
Criminal law — Rape (statutory) of a child — credibility of child complainant and teacher — corroborative medical evidence (PF3) — failure to call investigator/gender‑desk officer as material witness — effect of omitted witness on prosecution case — conviction quashed
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8 April 2026 |
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Failure to administer oath or affirmation renders witnesses' testimony null, warranting nullification and retrial.
Evidence — Oaths and Statutory Declarations Act — mandatory administration of oath or affirmation before testimony; failure to swear/affirm or improper sequence renders evidence null — appellate nullification of proceedings and remittal for retrial under s.4(2) Appellate Jurisdiction Act
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2 April 2026 |
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Reinstatement denied where trust broken; compensation limited to twelve months' salary under ELRA.
Employment law – unfair termination – substantive and procedural fairness – employer bears burden of proof – disciplinary hearing chaired by person involved in prior warnings (bias) – reinstatement inappropriate where trust irretrievably broken – compensation under s.40(1)(c) ELRA (minimum twelve months)
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2 April 2026 |
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Insufficient identification, uncorroborated retracted confession and misapplied common intention rendered the murder conviction unsafe.
Criminal law – Murder – visual identification at night; necessity for clear description and caution
Criminal procedure – cautioned statements – retraction and requirement of corroboration
Criminal liability – doctrine of common intention under s.23 Penal Code – requires joint charging/trial and independent proof of co-perpetrator's role
Witness credibility – interested witness needs careful scrutiny and corroboration
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1 April 2026 |
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Material variance between the charge date and the victim's evidence undermined the prosecution, leading to quashing of the conviction.
Criminal law — Charge particulars — Material variance between charge and evidence (date of offence) — Amendment under Criminal Procedure Act required — Sexual offences — Victim’s inconsistent testimony and credibility — Conviction invalidated
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1 April 2026 |
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Failure to prove arm's-length intra-group storage charges permitted adjustment of VAT base and lawful interest on unpaid tax.
VAT — Fair market value — Section 18 VATA — Supplies to connected persons — Arm's-length pricing — Burden of proof on taxpayer to produce lease agreements/invoices — Lease versus gratuitous business arrangement — Interest on delayed VAT under Tax Administration Act
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1 April 2026 |
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The applicant failed to prove full loan repayment and excess payment; appeal dismissed and security retention upheld.
Banking and contract law — Loan repayment and security — Burden of proof on claimant to prove full repayment on balance of probabilities — Bank’s retention of title as security justified where debt not shown to be discharged — Admissibility and probative value of loan agreement, facility letters, invoices and bank statements — "Zero" balance on bank statement not necessarily conclusive of debt discharge
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1 April 2026 |
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Unswo rn and unadopted witness statements admitted in a commercial trial vitiated proceedings; judgment quashed and remitted for retrial.
Commercial law – admissibility of witness statements under High Court (Commercial Court) Rules – requirement of oath/affirmation and adoption – unsworn/unadopted statements inadmissible – irregular admission vitiates proceedings – expunction, quash and remittal for retrial
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1 April 2026 |
| March 2026 |
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Appeal against statutory rape conviction dismissed; PF3 expunged, victim’s age and identification were adequately proved.
Criminal law – statutory rape – proof of age and penetration – identification in semi-hot pursuit – admissibility and evidential weight of PF3 (medical form) – evaluation of appellate grounds and defence evidence
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31 March 2026 |
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Conviction for unnatural offence quashed due to material variances and failure to call a crucial corroborative witness.
Criminal law – Unnatural offence; child complainant; need for corroboration; failure to call material witness; variance between charge particulars and evidence; adverse inference; unsafe conviction quashed
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31 March 2026 |
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Conviction quashed due to unsafe identification and inadequate evaluation of the appellant's defence despite clinical evidence of penetration.
Visual identification of strangers — need for prior description; credibility of child witnesses; clinical evidence sufficient to prove penetration; appellate duty to re-evaluate defence and apply burden of proof; conviction unsafe leading to quash and release
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31 March 2026 |
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The appellant's guilty-plea conviction was upheld, but burglary and stealing sentences were ordered to run concurrently.
Criminal law – guilty plea – unequivocal plea and conviction under section 360(1) CPA; sentencing – senior magistrate's sentencing power; concurrent versus consecutive sentences for offences arising from same transaction
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31 March 2026 |
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Trial court lacked jurisdiction and the charge cited the wrong provision for eland trophies; convictions quashed.
Jurisdiction — certificate under section 12(4) EOCCA — requirement to cover economic and non-economic offences; Charging — section 86 WCA applicable to Part I schedule animals only; Eland listed in Part II — wrong statutory provision; Retrial prejudice — Fatehali Manji
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30 March 2026 |
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Failure to list and explain a core physical exhibit at committal under s246(2) CPA vitiates the conviction.
Criminal procedure — Committal proceedings — Section 246(2) CPA — Requirement to read/explain and list substance of evidence — Includes real (physical) exhibits — Failure to list core exhibit is fatal and may require expungement and quashing of conviction.
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27 March 2026 |
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Unsafe visual identification and omission of a material witness led to quashing of conviction for an unnatural offence.
Criminal law - Unnatural offence; child complainant; visual identification evidence — necessity to prove favourable lighting conditions; failure to call material witness — adverse inference; proof beyond reasonable doubt; unsafe conviction.
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27 March 2026 |
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Fingerprints, DNA, and the appellant's confession upheld a murder conviction and death sentence.
Criminal law – Murder – circumstantial evidence and confession – last seen with deceased – chain of custody of exhibits – fingerprints on weapon – malice aforethought.
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27 March 2026 |
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Whether respondents repaid the loan in full; Court held outstanding principal TZS 678,884,673.08.
Banking law — loan recovery — evidential weight of bank statements and pay-in slips versus internal bank computation; guarantors' liability under guarantees; appellate re-examination of factual findings on first appeal.
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27 March 2026 |
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Non-joinder of necessary beneficiaries rendered the proceedings null and void; matter remitted for rehearing with proper parties joined.
Civil procedure — Non-joinder of necessary parties — Order 1 Rule 10(2) CPC — Necessary party defined — Violation of right to be heard — Proceedings null and void — Remittal for fresh hearing.
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27 March 2026 |
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Trial vitiated where appellant was tried on a substituted (obsolete) charge; retrial order set aside and appellant released.
Criminal procedure — Amendment/substitution of charge under the Criminal Procedure Act — substituted charge renders former charge non‑existent; trial on an obsolete charge vitiates proceedings — appellate revision powers — retrial order set aside where operative charge unclear; unsigned record of witness evidence left undecided.
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27 March 2026 |
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Interpleader is a special suit; failure to follow Order XXXIII vitiated proceedings and required retrial.
Interpleader suits – special procedure – Section 69 and Order XXXIII CPC – discharge of stakeholder – making claimant plaintiff in lieu of stakeholder – procedural irregularity vitiates proceedings – remittal for retrial.
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27 March 2026 |
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Victim and eyewitness testimony plus confession and medical evidence supported conviction and mandatory life sentence for unnatural offence against a child.
Criminal law — Unnatural offence (s.154 Penal Code) — Evidence: victim's testimony, eyewitness, medical PF3, and accused's cautioned confession; mandatory life sentence where victim under 18; appellate review of concurrent findings of fact.
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27 March 2026 |
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Appeal dismissed: prosecution proved armed robbery; night-time visual identification upheld due to adequate lighting and witness familiarity.
Criminal law – armed robbery – elements: theft, weapon, violence – identification evidence at night; visual identification safeguards (lighting, familiarity, proximity, duration) – appellate re-evaluation of evidence.
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27 March 2026 |
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Non-joinder of a necessary third party in a banking payment dispute vitiates proceedings; retrial ordered with the party joined.
Civil procedure — Necessary party — Non-joinder of a necessary party vitiates proceedings — Order 1 rule 10(2) CPC — Bank payment by SWIFT — joinder and retrial.
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27 March 2026 |
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An apparent illegality in probate (inclusion of appellant's registered property) justified extension of time to appeal.
Civil procedure — Extension of time — Alleged illegality apparent on the face of the record — Probate proceedings — Inclusion of third-party property in estate — Interference with discretionary refusal to extend time.
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27 March 2026 |
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Material variance in charge particulars and unreliable identification undermined proof of armed robbery; conviction quashed.
Criminal law — Armed robbery — Material variance between charge sheet particulars and witness testimony — Failure to amend charges under s.234 CPA — Caution in visual identification evidence — Proof beyond reasonable doubt — Conviction quashed.
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27 March 2026 |
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Appeal dismissed: victim's testimony and medical evidence proved statutory rape/incest; mislabelling the charge caused no prejudice.
Criminal law — Sexual offences: statutory rape/incest — elements: age, penetration, identity — victim as primary witness; medical PF3 corroboration; misdescription of charge (rape v. incest) not prejudicial where elements and sentence coincide; no requirement to medically examine accused; scope of second appeal — interference only for misdirection or miscarriage of justice.
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27 March 2026 |
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Child’s testimony corroborated by medical evidence upheld; lack of precise dates not fatal; appeal dismissed.
Criminal law – Grave sexual abuse (s.138C(1)(d)) – evidence of child victim – requirement for specific dates – corroboration by medical and PF3 evidence – concurrent findings of lower courts
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27 March 2026 |
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Child's testimony corroborated by medical evidence upheld conviction for grave sexual abuse; appeal dismissed.
Criminal law – Grave sexual abuse – Child victim as best witness – Corroboration by medical evidence – Particulars of offence and absence of precise dates – Failure to cross‑examine – Concurrent findings of lower courts not to be disturbed.
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27 March 2026 |
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Appeal dismissed: recognition identification reliable, procedural safeguards observed, and armed robbery elements proven beyond reasonable doubt.
Criminal law — Armed robbery (s.287A Penal Code) — Visual identification/recognition evidence — lighting and proximity — section 231 CPA (right to defence) — Law of the Child Act (age/child protections) — ownership of stolen property — material witnesses/adverse inference.
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27 March 2026 |
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Appeal struck out because it raised factual challenges, not questions of law, contrary to section 26(2) of the TRAA.
Tax appeals — Appellate jurisdiction under TRAA s.26(2) — Appeals confined to questions of law — Distinction between questions of law and factual complaints — Burden of proof under TRAA s.19(2) — Withholding tax assessment and evidence appraisal.
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27 March 2026 |
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Appeal struck out: grievances were factual challenges, not questions of law under section 26(2) TRAA.
Tax law – Withholding tax on services and equipment – Appeals from Tax Revenue Appeals Tribunal limited to questions of law (s.26(2) TRAA) – Burden of proof under s.18(2)/s.19(2) – Appellate review not permitted on factual findings or reweighing of evidence – Incompetent appeal struck out with costs.
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27 March 2026 |
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Appeal dismissed: child victim’s testimony and medical corroboration proved penetration, age and identity; contradictions immaterial.
Criminal law — Statutory rape — Proof of penetration need not be graphically descriptive where victim’s statement and medical corroboration suffice; proof of age by relative; minor variances in time/date immaterial (s.251(3) CPA); omission to call village leaders/police not fatal where confessional/caution statements not tendered; failure to cross-examine does not shift burden.
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26 March 2026 |
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Objection proceedings under Order XXI Rule 62/64 CPC are final and bar revision; aggrieved parties must institute a suit.
Civil Procedure – Objection proceedings – Order XXI Rule 62 (now Rule 64) CPC – Finality of objection rulings – No appeal or revision; aggrieved party to institute suit – Revisional jurisdiction only in exceptional illegality, not present here.
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26 March 2026 |
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Application for review dismissed: applicants failed to account for a four-month unexplained delay; no manifest error shown.
Civil procedure — Review under rule 66 — Manifest error on the face of record — Exceptional remedy — Accounting for delay and requirement to explain each day — Certificate of delay and procedural lapses — Distinction between arguable illegality and pure illegality — Right to be heard and drawing reasonable inferences from affidavit evidence.
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26 March 2026 |
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Cautioned statement expunged, but recent possession and 'last seen' evidence sustain murder conviction and death sentence.
Criminal law – admissibility of cautioned statements in committal proceedings – section 263(2)/308 CPA – doctrine of recent possession – last seen with the deceased – inference of malice aforethought in murder.
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26 March 2026 |
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Delay in arraignment and delayed reporting by a minor did not vitiate conviction; medical and testimonial evidence proved the offence.
Criminal law – sexual offences against a minor – delay in arraignment – delay in victim reporting – exceptions for threats/shame – medical evidence (PF3) as corroboration – failure to call peripheral witnesses – admissibility and sufficiency of prosecution evidence.
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26 March 2026 |
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Last-seen evidence and voluntary cautioned statements, corroborated by independent proof, upheld murder convictions and death sentences.
Criminal law — murder — last-seen circumstantial evidence — cautioned/confessional statements — admissibility and voluntariness under sections 58/59 CPA — retracted confessions require corroboration — failure to call identificatory witness — seizure and exhibit identification.
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26 March 2026 |
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Respondent’s failure to collect proceedings within rule 90(5) time justified striking out the notice of appeal.
Civil procedure – Striking out notice of appeal – Failure to take essential steps – Rule 90(5) Tanzania Court of Appeal Rules – Duty to collect proceedings – Registrar’s notification – Certificate of delay – Extension of time (afterthought).
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26 March 2026 |
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Dying declaration and a voluntary cautioned statement upheld conviction for one appellant; co-accused's uncorroborated confession rendered the other's conviction unsafe.
Criminal law – murder; dying declaration – admissibility and weight; identification – familiarity with accused and lighting at scene; cautioned/confessional statements – compliance with s.58(4) CPA and PGO 236; corroboration required for co-accused confessions; time omission in information not per se fatal.
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26 March 2026 |