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Citation
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Judgment date
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| December 1992 |
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Applicant’s Court of Appeal costs partly allowed; excessive subsistence claims reduced; respondent ordered to pay shs.476,430.
Costs – Taxation – Court of Appeal taxing officer limited to Court of Appeal costs; withdrawals of lower-court costs; requirement of receipts to substantiate claims; reasonableness of subsistence, accommodation and travel claims; disallowance of security for costs; item-by-item taxation and reduction of excessive claims.
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22 December 1992 |
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Procedural non-compliance may be excused where important legal issues are raised; Government must pay Court fees and security in civil appeals.
Civil procedure — Court of Appeal Rules 76, 77, 83 — service of notice of appeal and application to Registrar — Registrar’s certificate under rule 83(1) — extension of time to serve — Government liability for court fees and security for costs in civil appeals — discretion under rule 8 to overlook procedural non-compliance where substantial point of law (alleged illegality) raised.
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18 December 1992 |
Civil Practice and Procedure - Court ofAppeal Rules - Letter to Registrar applying for copy of proceedings - Copy of letter not served on respondent - Whether applicant is duty bound to serve copy of letter to Registrar to respondents - Whether there is a time limit within which to serve copy ofthe letter- Rule 83 (i) of the Court ofAppeal Rules construed.
Civil Practice and Procedure - Court ofAppeal Rules - Notice of motion does not specify reliefs sought - Accompanying affidavit specifies reliefs sought - Oral address specifies reliefs sought - Whether the affidavit and/or the oral address specifying reliefs sought can take care ofthe inadequacy in notice of motion.
Civil Practice and Procedure - Court ofAppeal Rules - Application for extension of time to serve respondents with a copy letter to Registrar applying for a copy of the proceedings not mentioned in the notice of motion - Relief sought specified in the affidavit and mentioned when orally addressing the Court - Whether the application for extension of time was properly before the court.
Civil Practice and Procedure - Court ofAppeal Rules - Payment of court fees and security for costs by Government - Government expressly exempted from paying court fees in respect of criminal applications and criminal appeals before the Court ofAppeal - Rules are silent on payment of court fees and security for costs by Government in respect of civil matters before the Court ofAppea.l Whether the Government to pay court fees and security for costs in respect of civil matters before the Court ofAppeal.
Civil Practice and Procedure - Court of Appeal Rules - Long-established tradition that Government does not pay court fees and security for costs - Whether such tradition can be a basis for exempting Government from paying court fees and security for costs in respect of civil matters before the Court ofAppeal.
Civil Practice and Procedure - Court ofAppeal Rules - Application for extension of time to pay court fees and security for costs - illegality of decision being challenged - Whether sufficient reason C to allow the application |
18 December 1992 |
Land Law - Disposition of land - Failure to comply with Regulation 3(1) of the Land Regulations, 1948 - Effect. Contract - Delay in payment of balance of price - Repeated demand letters - Whether right to be paid as per contract thereby waived - Whether breach of contract - Whether right to rescind contract accrues |
18 December 1992 |
Statutory interpretation - Offence committed before a new law came into force - Whether offence punishable under the new law - S.49 Interpretation of Laws and General Clauses Act, 1972. |
17 December 1992 |
Criminal law - Theft - Appellant not having exclusive access to stolen items - Whether grave suspicion against appellant can ground a conviction. Evidence - Theft - Appellant not having exclusive access to stolen items - Grave suspicion against appellant - Whether such suspicion can found a conviction. |
14 December 1992 |
Evidence - Documentary - Document not registered as required by law - Right in immovable property indisputably established between the parties - Whether the Court may look at this otherwise inadmissible document |
4 December 1992 |
Evidence - Corroboration - Evidence which needs to be corroborated cannot corroborate. |
4 December 1992 |
| November 1992 |
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Criminal Law - Murder- Provocation - Provocative incidents taken together - Whether defence of provocation available. Criminal law - Murder - Self-defence - Spearing the deceased from the back while pursuing him - Whether the defence of self-defence defence available |
27 November 1992 |
Criminal law Murder - Provocation - Stopping appellant from taking rice and throwing an axe at him - Whether the defence of provocation is available. Criminal law - Murder - Self-defence - Whether available where the deceased is not armed. |
27 November 1992 |
Civil Practice and Procedure - Court of Appeal Rules - Application for stay of execution - Notice of appeal not lodged |
16 November 1992 |
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Appeal allowed: 20‑year sentences exceeded the penalty in force at time of offence and were reduced to 10 years.
Criminal law – Sentencing – Illegality of imposing a sentence heavier than the penalty in force when the offence was committed – Constitutional prohibition on retrospective aggravation of punishment; substitution of lawful sentence on appeal.
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9 November 1992 |
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Appellate judge finds irresistible impulse (insanity) negated criminal responsibility and urges modern interpretation of section 13.
Criminal law — Insanity — Section 13 Penal Code — Irresistible impulse as a species/variation of insanity — McNaughten rules outdated — Trial judge's confusion between section 13 (insanity) and section 200 (malice aforethought) — Weight of psychiatric evidence versus contemporaneous family history (epilepsy, prior violence, local treatment).
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4 November 1992 |
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An applicant cannot obtain a section 5(2)(c) certificate from the Court of Appeal; the High Court alone certifies points of law.
* Appellate jurisdiction – section 5(2)(c) Appellate Jurisdiction Act – certificate of point of law – High Court is the certifying authority; no concurrent jurisdiction in Court of Appeal to issue certificate on application; remedy is appeal against High Court refusal.
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4 November 1992 |
| October 1992 |
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Leave to appeal out of time refused where the High Court decision involved credibility findings and no point of law.
* Civil procedure – leave to appeal out of time – requirement of a point of law for appeal to Court of Appeal – appellate leave refused where decision based on credibility findings.
* Delay – procedural mistake by counsel – delay attributable to counsel’s error not enough to justify leave where no point of law arises.
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30 October 1992 |
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Applicant's emergency absence justified restoration, but respondent's inordinate delay and mismanagement warranted striking out the notice of appeal with costs.
Civil procedure – restoration of dismissed application under Rule 58(3) – sufficient cause (emergency attendance at mine and transport difficulties); Civil procedure – striking out notice of appeal for inordinate delay and inadequate explanation – consequences and costs.
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28 October 1992 |
Contract - Agency - Claim for price of fuel - Attachment of truck as security pending determination of suit - Whether reasonable cause for attachment. Civil Practice and Procedure - Security - Damages for attachment of property as security - No reasonable cause for filing suit. |
22 October 1992 |
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Metric‑ton measurement governed fuel consignments; appellant owes volumetric balance and modest truck non‑use damages.
* Contract interpretation – Letter of Intent and invoices govern measurement of bulk fuel consignments (metric tons). * Conversion dispute – agreed metric‑ton to litre conversion controls volume calculation. * Accountancy of deliveries – deduction of received litres from contracted metric‑ton totals determines balance due. * Civil procedure – attachment of vehicle justified if there are reasonable grounds (risk of disposal). * Damages – compensation for non‑use of attached property must be supported by evidence and reasonable in amount.
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22 October 1992 |
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Redemption of a customary pledge without stipulated vesting terms does not vest ownership; clan council’s equitable distribution upheld.
Customary land – Haya pledges/mortgages – distinction between pledges which vest ownership on redemption (paragraph 574 Cory & Hartnoll) and pledges that only create a personal debt – redemption without requisite terms does not confer title; occupation and limitation; clan council distribution and equity.
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22 October 1992 |
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Recent possession of stolen goods shortly after a burglary supports an inference of guilt, affirming conviction for murder.
* Criminal law – murder – circumstantial evidence and inference of guilt from recent possession of stolen property; identification and recovery of stolen goods; sufficiency of defence explanations – appeal dismissed.
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22 October 1992 |
Customary Law - Bahaya Customary Law - Whether Musika can be excluded from inheritance. Customary Law - Bahaya Customary Law - Whether the redeemer of clan Shamba always becomes its owner. |
22 October 1992 |
Evidence - Confession - Whether a village chairman is a person in authority - Section 27(3) Evidence Act. Evidence - Discrepancy with respect to dates - Witnesses illiterate - Whether to take them literally on the dates they mention. Evidence - Confession - Repudiated Confession - Repudiation during the defence stage - What court do? |
22 October 1992 |
Civil Practice and Procedure - Stay of execution - Necessity of reasonable grounds for its grant. |
14 October 1992 |
Evidence - Witnesses - Credibility of witnesses. |
12 October 1992 |
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Appeal against murder conviction dismissed where credible eyewitness evidence and motive established the appellant’s guilt.
* Criminal law – Murder – Eyewitness identification and contemporaneous observations – Sufficiency of evidence to sustain conviction.
* Criminal law – Motive and prior assaults – Use of history of quarrels and prior beatings to corroborate guilt.
* Criminal procedure – Accused’s denial and cautioned statement – evaluation of defence credibility.
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12 October 1992 |
Criminal Law - Murder - Provocation - Failure to address the assessors on the issue of provocation - Effect of. |
12 October 1992 |
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Omission on assessors’ retirement not automatically fatal; uncorroborated witness unreliable; conviction reduced to manslaughter.
* Criminal law – assessors – omission to record assessors retiring during trial – serious irregularity but not automatically fatal; case‑specific inquiry into prejudice required. * Evidence – cautioned statement – repudiated statement admitted after trial within trial – admissibility and weight. * Evidence – reliability of prosecution witness and danger of uncorroborated testimony. * Homicide – distinguishing murder from manslaughter based on intent and nature of injuries.
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12 October 1992 |
| September 1992 |
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Administration of Estates - Grant of probate - Conditions for grant - Necessity of a will |
21 September 1992 |
Court of Appeal Rules Service - Whether Rule 46(3) requires service of a copy of the order of the High Court upon the respondent - Non-applicability of Rule 82(2) to applications for leave - whether copy ruling means a copy of the order of the High Court - Rule 46(3) |
17 September 1992 |
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Appeal dismissed: co-accused’s credible implicating evidence and recovery of stolen windscreen upheld the conviction.
* Criminal law – Stealing (Penal Code s.265) – Conviction based on implicating evidence of co-accused; co-accused’s testimony admissible if credible and corroborated. * Evidence – Corroboration by recovery of stolen property and assessment of witness credibility. * Appeals – Appellate court will not lightly disturb trial court’s credibility findings or sentence absent demonstrable error.
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7 September 1992 |
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Appellant's appeal dismissed: circumstantial and handwriting evidence established murder beyond reasonable doubt.
* Criminal law – Murder – circumstantial evidence – whether a chain of circumstantial facts excluded reasonable hypotheses of innocence and sustained conviction. * Evidence – handwriting and physical exhibits – probative value in linking accused to scene. * Criminal law – possession of weapon/implements and conduct before and after disappearance as evidence of intent/premeditation. * Appeal – evaluation of trial judge’s inferences from circumstantial matrix.
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7 September 1992 |
| August 1992 |
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Self-defence rejected; sudden chest stabbing of defenceless woman amounted to murder, appeal dismissed.
Criminal law – murder v. manslaughter – self-defence plea – credibility of sole eyewitness – appellate assessment of trial judge’s credibility findings.
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31 August 1992 |
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28 August 1992 |
Tort - Defamation - Defence of qualified privilege - Publication to a person not having a corresponding interest and duty to receive the publication - Whether defence available Labour Law - Employment - Wrongful termination - Employee's right to be heard before termination. |
26 August 1992 |
Court of Appeal Rules - Motion - Whether a motion is an application at the time of filing - Failure to serve a copy ofthe letter applying for a certified copy of proceedings upon the respondent - Failure to serve notice of appeal upon the respondent - Whether an application to save an appeal is entertainable. |
24 August 1992 |
Civil Practice and Procedure - Appeals - Leave to appeal filed two days out of time - Affidavit of a material person not filed to explain the delay - Effect. |
20 August 1992 |
Civil Practice and Procedure - Court of Appeal Rules - Application for extension of time to file a notice of appeal - III health without elaboration given as reason - Whether sufficient reason |
20 August 1992 |
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18 August 1992 |
Islamic Law Wakf- Whether a valid wakfcreated |
18 August 1992 |
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Court upheld murder conviction based on dying declaration, confession, and medical evidence rejecting accidental‑fall defence.
Criminal law – murder – reliance on dying declaration and accused’s confession – credibility of medical and lay witnesses – accidental fall defence – causation where death occurs days after injury.
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17 August 1992 |
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Convictions quashed where co-accused’s exculpatory statement was inadmissible and single counsel created a conflict of interest.
Criminal law – murder – admissibility of extra-judicial statements – Section 33 Evidence Act – exculpatory statements inadmissible against co-accused; Conflict of interest – single defence counsel for co-accused – right to fair trial; Retrial discretionary – delay and weak prosecution evidence may make retrial contrary to interests of justice.
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17 August 1992 |
Criminal Law - Murder - Cause of death. |
14 August 1992 |
| July 1992 |
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Court of Appeal Rules - Appeals - Appeal to the Court ofAppeal - Whether leave ofthe High Court is always necessary. Civil Practice and Procedure - Temporary Injunction - Material considerations for its grant. |
24 July 1992 |
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An interlocutory injunction was granted pending appeal where the High Court’s order was a preliminary decree and restoration of possession prevented public hardship.
Civil procedure – Appellate jurisdiction – preliminary decree v final decree – leave to appeal; Temporary injunction pending appeal – possession of suit premises; Factors for interlocutory injunction: continuance of business, prejudice to applicant, public hardship, value of transactions.
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24 July 1992 |
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Notice of appeal struck out for inordinate delay and unsatisfactory burglary excuse; respondents failed to institute appeal.
Civil procedure – Appeals – Notice of appeal struck out where essential steps to institute appeal were not taken within time; delay and inordinate lapse; burglary/loss of record not a sufficient excuse without prompt action; practitioner’s duty to apply timely for extension of time.
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17 July 1992 |
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The court dismissed an application as an abuse of process after repeated adjournments and listings, invoking its procedural powers.
* Civil procedure – adjournment – repeated listings and repeated requests for postponement – abuse of process – court’s power under procedural rule to refuse adjournment and dismiss application.* Civil procedure – partly heard application – previous partial hearing by another judge does not preclude dismissal to prevent abuse of process.
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17 July 1992 |
Civil Practice and Procedure - Court of Appeal Rules • Reference - Point of law involved - Whether the said point constitutes sufficient reason to allow the reference. |
3 July 1992 |
Civil Practice and Procedure - Application - Consolidation of applications - Rationale. Civil Practice and Procedure - Stay of execution - Of only part of the award - Whether proper. |
2 July 1992 |
| June 1992 |
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Criminal Practice and Procedure - Jurisdiction - Whether Court of Appeal has revisional jurisdiction. Court of Appeal Rules - Jurisdiction - Whether Court of Appeal can reinstate judgment of a District Court reversed by the High Court without a cross-appeal by the Republic to the Court of Appeal - S.4(2) Appellate Jurisdiction Act 1979 and s. 36 of the Tanzania Court of Appeal Rules, 1979. Court of Appeal Rules - Criminal Appeals to Court of Appeal - Procedure and practice - Appellate Jurisdiction Act 1979 and the Tanzania Court of Appeal Rules, 1979. |
29 June 1992 |
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Limitation runs from receipt of missing parts or assurance they are complete; Registrar’s certificate can be examined but minor errors may be harmless.
Court of Appeal practice — time limits and rule 83(1) certificate; effect of incomplete record — limitation does not run until missing parts supplied or assurance given; Registrar's certificate examinable; harmless clerical error in certificate not fatal.
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19 June 1992 |