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Citation
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Judgment date
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| December 1982 |
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Murder convictions quashed for lack of proven malice aforethought; substituted to manslaughter and immediate release ordered.
Criminal law – murder v manslaughter – malice aforethought – circumstantial evidence – causation – insufficiency of proof of intent to kill – substitution of conviction and sentence.
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21 December 1982 |
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Appellants' murder convictions reduced to manslaughter where intent to kill or cause grievous bodily harm was not proved.
Criminal law – Distinction between murder and manslaughter – Proof of malice aforethought/intention to kill or cause grievous bodily harm – Circumstantial evidence and medical (autopsy) evidence – Causation and identification of individual assailants in mob assaults.
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21 December 1982 |
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Insufficient proof of causation by detected poison led court to substitute murder conviction with attempted poisoning and order release.
Criminal law – Poisoning – Evidence of poison in water (sulphur) and bottle – Child unsworn testimony requiring corroboration – Circumstantial corroboration adequate to prove adulteration – Causation: failure to prove sulphur caused death where postmortem also contained an alkaloid – Murder conviction substituted with attempted poisoning (ss. 381, 227 Penal Code).
|
4 December 1982 |
Criminal Procedure and Practice-Notice of hearing of appeal-Duly served-Accused does not appear Court proceeds-Rule 73(6) of the Court Appeal of Tanzania Rules, 1979. Criminal Procedure and Practice-Trustworthy witness Conflicting testimony of witness at trial-Whether appellate court can interfere. |
1 December 1982 |
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High Court lacked jurisdiction to decide ownership absent leave, but injunction against eviction was properly granted.
Jurisdiction — Magistrate's Court Act s.57(1) — immovable property — Primary Court jurisdiction and High Court leave; Pleadings — trial judge introducing issues not raised in pleadings; Injunction — protection against unlawful eviction; Remedies — prohibition of self-help where judicial relief available.
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1 December 1982 |
| November 1982 |
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Circumstantial evidence corroborated accomplice testimony; the applicant's conviction for theft by a public servant was upheld.
* Criminal law – theft by person in public service – circumstantial evidence corroborating accomplice testimony.
* Evidence – accomplice evidence requires corroboration; circumstantial proof (custody, dispatch register, cheques cashed, lack of forced entry, failure to report) can supply it.
* Appeal – second appeal limited to points of law; concurrent findings of fact by lower courts not ordinarily disturbed.
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24 November 1982 |
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A party’s right to be physically present at an appeal hearing under Rule 73(1) is not absolute; the court may proceed if duly served.
Court of Appeal Rules — Rule 73(1): attendance at appeal hearings not an absolute right; Court may proceed where party duly served but absent; Rule 67(1) (lodging written arguments) supports non‑attendance; no obligation to facilitate travel for non‑custodial parties.
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4 November 1982 |
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A party’s right to be present at an appeal hearing is not absolute; the Court may proceed if the party was duly served.
Court of Appeal procedure; Rule 73(1) — right to be present at appeal hearing not absolute; Court may proceed if party duly served but absent; Rule 67(1) permits lodging written arguments as alternative to personal attendance; absence due to financial inability does not bar hearing.
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4 November 1982 |
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An ordinary civil suit challenging a ministerial reversal is permissible; courts may review procedural fairness but not substantive merits.
* Labour law – Security of Employment Act – s.28 – ouster of civil court jurisdiction over substantive merits of ministerial decisions; procedural review permitted. * Administrative law – natural justice – courts may examine compliance with procedural safeguards (e.g. s.43 memorandum right). * Civil procedure – availability of ordinary civil suit versus prerogative remedies (certiorari/mandamus) in challenging administrative decisions.
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4 November 1982 |
| October 1982 |
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Trial judge improperly discounted medical evidence; murder conviction unsafe and substituted with conviction for actual bodily harm.
Criminal law – murder – causation – reliance on medical evidence – trial judge’s direction to assessors to ignore medical opinion – safety of conviction – substitution with lesser offence (actual bodily harm).
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21 October 1982 |
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Eyewitness identification and circumstantial evidence sufficed to infer malice and uphold the murder conviction despite a time lapse.
Criminal law – murder – reliability of eyewitness identification; alibi evidence; sufficiency of proof despite time lapse between assault and discovery; inferring malice aforethought from circumstances and injuries.
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15 October 1982 |
Prevention of Corruption-Construction-Public officer under s. 6 of the Prevention of Corruption Acl, 1971-Defined under s. 2 of the same Act. Prevention of Corruption-Construction-Consideration-Valuable consideration-Natural love and affection excluded-S.6 of the Prevention of Corruption Act, 1971. Prevention of Corruption-Construction-Adequate consideration-Promise to pay interest-free loan-Natural love and affection-Excluded-S.6 of the Prevention of Corruption Act, 1971. Prevention of Corruption-Construction-Advantage-Disaster aid assistance-Moral and social duty excluded-S.6 of the Prevention of Corruption and Act, 1971. Prevention of Corruption-Construction-Advantage-Public Officer-Things not legally entitled to-S. 6 of the Prevention of Corruption Act, 1971. Criminal Law and Procedure-Appeal-Memorandum of appeal lodged out time-Sufficient explanation-Important points of law involved-Rule 8 of the Court of Appeal of Tanzania Rules, 1979. of Criminal La and Procedure-Second appeal-Misdirection or nondirections-Proper for court to interfere on matters of fact Criminal Law Corruption-Ingredients of the offence-S.6 of the Prevention Corruption Act, 1971. of Court of Appeal Rules-Appeal lodged out of time-Rule 8-Important points of law involved-Sufficient explanation for the deląy to be given. |
9 October 1982 |
Land Law-Customary Law-Arusha Customary Land Law-Transfer of Land-Identification of land authority for the purposes of consent to land transfer-Effect of failure to comply with consent. provisions. Administrative Law-Ultra vires-limits of official action by statutory bodies-when officials are protected from legal action-meaning of "purported execution of functions". Administrative Law-Delegation of powers-Executive functions-Non-delegable under Cap. 333. Estoppel-By conduct-Whether there can be estoppel against a statute. |
8 October 1982 |
| September 1982 |
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The Law of Marriage Act 1971 displaces customary rules allowing a son to inherit his deceased father’s wife; such unions are void.
Marriage law – prohibited relationships – son cohabiting with deceased father’s wife – Law of Marriage Act 1971 (ss.14(3), 38(1)(b)) – displacement of customary rules by Judicature and Application of Laws Ordinance s.3A – bride-price restitution.
|
13 September 1982 |
Customary Law- Wagogo Customary Law- Inheritance of deceased father's wife by son - Whether permissible in the light of the provisions of the Law of Marriage Act, 1971. Law of Marriage Act - Whether customary law relating to inheritance of a deceased father's wife by a son is allowed under the Act, ss. 14 (3); 38(1) (b) Law of Marriage Act, 1971. |
13 September 1982 |
| August 1982 |
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Convictions quashed where key witnesses were incredible and their accounts inconsistent, rendering the verdict unsafe.
Criminal law – murder – evaluation of witness credibility – appellate intervention where key prosecution witnesses are improbable or inconsistent – unsafe conviction quashed.
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20 August 1982 |
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Appellants’ tight binding of victim caused death; conviction upheld and 10‑year sentence affirmed as not manifestly excessive.
* Criminal law – Manslaughter – causation – whether tightly binding hands caused death and whether chain of causation was broken. * Evidence – medical evidence and post‑mortem report – consistency between clinical observations and autopsy findings. * Sentencing – mitigating factors versus abuse of official position and deterrence; manifestly excessive test.
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20 August 1982 |
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Convictions for joint murder quashed where no evidence of shared intent and self‑defence was ignored.
* Criminal law – joint enterprise – conviction unsafe where no evidence defendants knew victim’s presence or shared homicidal intent. * Criminal procedure – evaluation of witness credibility – duty to scrutinise evidence where witness may be biased. * Evidence – inconsistency between eyewitness accounts and post‑mortem report may undermine prosecution case. * Self‑defence – trial court must consider asserted self‑defence if reasonably open on the facts.
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19 August 1982 |
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The appellant's plea of provocation by witchcraft failed to negate a murder conviction; appeal dismissed.
* Criminal law – Murder – Defence of provocation – Alleged provocation by witchcraft – Whether facts support such defence; application of Eria Galikuwa v. Rex.
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19 August 1982 |
Criminal Practice and Procedure-Sentencing--Circumstances under which an appellate court will interfere with sentence imposed by a trial court.
Criminal Practice and Procedure-Sentencing--Factors to the taken into account in assessing sentence. |
18 August 1982 |
Criminal Practice and Procedure-Sentencing-Circumstances under which an appellate court will interfere with a sentence imposed by a trial court. Criminal Practice and Procedure-Sentencing-Factors to be taken into account in assessing sentence. |
18 August 1982 |
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Appellate court reduced manslaughter sentence after trial judge failed to consider key mitigating factors.
Criminal law – Sentencing – Manslaughter – When appellate court may interfere with sentence; mitigating factors (single blow, age, remand custody, guilty plea); prevalence of offence as a sentencing consideration (relevant but not predominant).
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18 August 1982 |
| July 1982 |
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The appellant's challenge to a 10-year manslaughter sentence fails; sentence not manifestly excessive.
Criminal law – Manslaughter – Sentencing – Plea of guilty – Whether appellate court should disturb a 10-year sentence – Manifestly excessive standard – Use of force in apprehension as potential mitigating factor.
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20 July 1982 |
| June 1982 |
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Court refused further adjournment for lack of good cause, allowed counsel to withdraw and ordered the appeal to proceed.
Civil procedure — Appeals — Adjournment applications — Court’s discretion to refuse adjournment where delay is unjustified; counsel’s withdrawal at hearing; importance of avoiding unnecessary delays in the hearing of appeals.
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8 June 1982 |
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8 June 1982 |
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Conviction upheld where sole witness, a prior acquaintance present at the attack, reliably identified the appellant.
Criminal law – Identification evidence – Single identifying witness – Prior acquaintance, opportunity to observe, contemporaneous recognition and successful identification parade – Trial judge’s direction – Conviction upheld.
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7 June 1982 |
Civil Practice and Procedure-Stay of suit-Whethersuitmay be stayed on application of defendant for matter to be dealt with by Arbitrator- S.6 Arbitration Ordinance, Cap. 15. |
7 June 1982 |
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7 June 1982 |
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Appeal allowed: murder conviction reduced to manslaughter where stabbing during a drunk struggle showed no malice aforethought.
Criminal law – Identification evidence in darkness and intoxication – Reliability where witnesses knew accused; Criminal law – Distinction between murder and manslaughter – necessity of malice aforethought; Criminal procedure – Absence of medical evidence/post-mortem – when omission is not fatal; Appellate powers – substituting conviction and sentence.
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4 June 1982 |
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Killing during a drunken struggle lacked proof of malice aforethought; murder conviction reduced to manslaughter.
* Criminal law – identification evidence – recognition by known witnesses at night despite drinking – reliability accepted. * Criminal law – murder v. manslaughter – fatal stab during a struggle and under intoxication may negate malice aforethought. * Evidence – missing medical witness/post-mortem report – may not be fatal where death is immediate and described by witnesses.
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4 June 1982 |
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Appeal dismissed where lower courts’ factual findings of theft and proper identification of goats were upheld.
* Criminal law – Theft – Conviction for stealing livestock – Identification and ownership of animals properly proved; concurrent factual findings upheld.
* Appeals – Appellate review – No point of law raised – appellate court declines to interfere with factual findings of lower courts.
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4 June 1982 |
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Murder conviction overturned where medical evidence showed suffocation with no causal link to the appellant's injuries.
Criminal law – causation – reliance on post‑mortem opinion as to cause of death – appellate review where trial judge rejects medical evidence – substitution of conviction for lesser offence (actual bodily harm) under section 241 Penal Code.
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1 June 1982 |
| May 1982 |
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Whether a confession made in the presence of a corporal is inadmissible and whether consequent discoveries can sustain a murder conviction.
* Criminal law – confession – admissibility – whether confession made in presence of a person in authority (corporal) – s.27 Evidence Act.
* Evidence – discovery of facts consequent on accused’s information – admissibility under s.31 Evidence Act.
* Murder – circumstantial/derivative evidence – when discovered facts can implicate an accused.
* Appeal – conviction unsafe where founded solely on inadmissible confession.
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31 May 1982 |
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An inadmissible confession may yield admissible discovered facts that suffice to uphold a murder conviction.
* Criminal law – confession – admissibility of alleged extra‑judicial confession – contradictions as to presence of witnesses and voluntariness.
* Evidence Act – section 31 – facts discovered in consequence of information given by accused admissible even when confession itself is inadmissible.
* Sufficiency of evidence – discovered facts and cause of death can ground conviction for murder.
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31 May 1982 |
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Prosecution's unexplained delay in filing the memorandum justified refusal to extend time and dismissal of the appeal.
* Criminal procedure – extension of time – failure to file memorandum of appeal within Rule 65(1) period – requirement of satisfactory explanation and due diligence.
* Procedural compliance – consequences of undue delay and dilatory conduct by the prosecution – dismissal of appeal for non-compliance.
* Appeal – whether proposed point of law (burden of proof under Corruption Act) justified extension of time – held not to be sufficient.
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27 May 1982 |
Elections – Election Campaigns – Regulation of Election Campaigns
Elections – Election Offences and Irregularities- Bribery and Corrupt Practices
Elections – Election Offences and Irregularities - Use of Government Resources for Campaigning
Elections - Election Petitions - Burden of Proof in Election Cases |
25 May 1982 |
| April 1982 |
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Elections - Electoral Offences and Irregularities - Bribery and Corrupt Practices
Elections - Election Petitions - Nullification of Elections
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16 April 1982 |
| March 1982 |
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High Court wrongly set aside the trial court's land allocation finding; Court of Appeal restored it and remitted compensation.
Land law – village land allocation and proof – appellate procedure – scope of section 17(a) Magistrates' Courts Act – effect of procedural irregularity on first appeal – entitlement to compensation for unexhausted improvements; High Court's powers on appeal.
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8 March 1982 |
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A vendor who prevents required municipal consent cannot void the sale for lack of consent.
Property — Sale subject to municipal/Registrar consent — Receipt for fee not conclusive of formal consent — Registrar official prepared consent letter which vendor caused to be cancelled — Vendor who prevents required consent cannot repudiate sale — Buyer in possession entitled to relief.
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8 March 1982 |
Land Law-Right of occupancy-Powers of the President to revoke-Whether court can impugn the validity of the decision by President-Section 10(1) and (2) of the Land Ordinance. The Land Law-Right of оссирапсy-Powers of the President to revoke-Revocation must be for good cause-Section 10(1) of the Land Ordinancе. Land Law-Powers of the President under s. 10 of the Land Ordinance-Whether executive or judicial, or quasi-judicial, no longer valid |
8 March 1982 |
| February 1982 |
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Absence of required Conciliation Board certificate renders a matrimonial petition incompetent; appeal dismissed and costs awarded to respondent.
* Family law – Law of Marriage Act s.106(2) – requirement of Conciliation Board certificate for matrimonial petition – absence renders petition incompetent.
* Civil procedure – competence of petition – appeal dismissal where statutory prerequisite not complied with.
* Costs – principle that costs follow the event – appellate review of trial court's failure to award costs without reason.
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23 February 1982 |
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Failure to file the statutory Conciliation Board certificate renders a matrimonial petition incompetent; costs awarded to the respondent.
* Family law – Law of Marriage Act s106(2) – requirement of Conciliation Board certificate – petition incompetence. * Civil procedure – costs – discretion of trial court – costs follow the event; appellate correction of costs omission.
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23 February 1982 |
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A limited company cannot expel shareholders by the impugned general meeting resolution; appeal allowed and membership restored.
* Company law – Shareholders’ rights – Expulsion – Whether a shareholder of a limited company can be expelled by a general meeting resolution – Expulsion invalid if not effected in accordance with law and company constitution.
* Civil appeal – High Court order – Setting aside confirmation of expulsion where procedure unlawful.
* Company conversion – Issue raised concerning conversion to a co-operative (not upheld by appellate reasoning).
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18 February 1982 |
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A third party without legal or proprietary interest (the respondent) lacks locus standi to annul a sale between seller and purchaser.
* Civil procedure – Locus standi – Whether a person without legal or proprietary interest may challenge a sale between vendor and purchaser; * Timing of objection – Objection to locus standi may be raised at first opportunity (here, on appearance at District Court); * Contract validity – Alleged lack of consent does not confer standing on third parties lacking interest.
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17 February 1982 |
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Primary Court’s denial of cross-examination and unagreed site inspection rendered the trial a nullity; retrial ordered.
Procedural fairness; right to cross-examination; opportunity to call witnesses; unopposed site inspection/valuation; nullity of trial; High Court’s duty to address procedural complaints; retrial ordered.
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17 February 1982 |
Court ordered sale of a shamba in execution of a decree. After sale of the
Shamba by auction to the appellant, the decree was reversed, so the legal basis for
the court’s order to auction the shamba was lost. The Court of Appeal for Tan
zania considered whether after removal of the legal basis for the auction sale the
title of the bona fide purchaser could be disturbed.
Held: (i) the appellant had clearly acquired good title to the shamba and that
no good reason exists for disturbing his title;
(ii) if a reversal of a decree would invalidate a sale, there would be less in-
ducement to any intending purchaser to buy at an auction sale thus depreciating
sale prices and there will also be no degree of certainty as a purchaser cannot be
expected to go behind a judgment to inquiry into irregularities in the suit.
Appellant’s title confirmed.
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17 February 1982 |
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Where a trial relied solely on an inadmissible photocopy, the matter must be remitted for retrial.
* Evidence – documentary evidence – admissibility of photocopies – requirement to produce originals where authenticity is challenged; * Appeal – appellate court limitations – inability to reassess credibility on cold record; * Remedies – retrial where trial was predicated on inadmissible evidence.
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17 February 1982 |
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An election was annulled because polling-station tampering and misassessment of evidence affected the respondent's victory.
Electoral law – ballot-box tampering and security (hidden/unpadlocked ballot box) – alteration of voters' register – 'floating' voting cards enabling double voting – prima facie evidential value of school admission registers as proof of age – assessment of conflicting witness testimony on unauthorised campaigning and bribery – effect of irregularities on election result.
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16 February 1982 |
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Case remitted for retrial to obtain evidence on appellant’s alleged second wife, eleven children, property valuations and apportionment.
Family law; remittal for retrial where material factual matters were not evidenced at trial — existence of second wife and children; need for valuation of properties; apportionment between parties; costs thrown away to be costs in the cause.
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16 February 1982 |
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Reported
Election petition — Misdirections and non-directions by trial judge on various matters — Failure by trial judge to appreciate evidence adduced and its true effect on the result of the election-Evidence —Improper-rejection of — Misdirection. |
6 February 1982 |