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Citation
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Judgment date
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| October 2014 |
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Appeal struck out because the tribunal judgment was not signed and certified by its members as required by Rule 21.
Tax Revenue Appeals Tribunal — Rule 21 (GN No.56 of 2001) — signing and certification of tribunal judgments — mandatory duties of tribunal members — Registrar's certification insufficient — competence of appeal — Rule 96(1)(g) Court of Appeal Rules — Article 107A(2)(e) / Rule 2 cannot cure statutory breach.
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16 October 2014 |
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A robbery charge omitting the person targeted by violence is fatally defective; conviction quashed and no retrial ordered.
Criminal law – Armed robbery – Essential ingredients of offence – charge must specify the person against whom violence or threat was directed; threat cannot be directed at property. Procedure – Particulars of offence – requirement to follow s.135 and Second Schedule forms – failure to state essential ingredient renders charge fatally defective and convictions a nullity. Appellate jurisdiction – power to quash and set aside proceedings; retrial not ordered where not in interests of justice.
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16 October 2014 |
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Appeal allowed: conviction quashed for unsafe identification and inadequate descriptive corroboration to police.
Criminal law – Identification evidence – Visual identification at night – Adequacy of lighting and description – Single eyewitness reliability – Immediate report to police without descriptive particulars insufficient to corroborate identification.
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15 October 2014 |
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Armed robbery charge was fatally defective for not naming the person threatened, nullifying conviction and requiring release.
Criminal law — Armed robbery — Essential ingredients of offence — Particulars of offence must identify person against whom violence or threat is directed — Threat cannot be said to be directed at property — Section 285 Penal Code; section 135 and Second Schedule forms to Criminal Procedure Act — Defective charge renders proceedings a nullity — Appellate power to quash and order release; retrial not ordered where not in interests of justice.
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14 October 2014 |
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A tribunal judgment not certified by the members who heard the case renders the appeal incompetent; Registrar’s certification insufficient.
Tax Revenue Appeals Tribunal – Rule 21 – decision must be signed and certified by members who heard the appeal; both functions mandatory. Registrar’s certification does not substitute for certification by tribunal members; non-compliance renders appeal incompetent. Article 107A(2)(e) and Rule 2 of the Court of Appeal Rules cannot cure an obvious statutory breach of Rule 21. Remedy: appeal struck out for incompetence; costs awarded.
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2 October 2014 |
| September 2014 |
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Ex parte appointment of receivers in chambers without hearing respondents was irregular and the orders were quashed; rehearing ordered.
Civil procedure – Appointment of receivers – Order XXXVIII CPC – No express ex parte power – Receiver appointment is serious and should be made in open court – Right to be heard – Proceedings, ruling and order made in chambers ex parte quashed.
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30 September 2014 |
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Ex parte appointment of receivers without notice violated right to be heard; High Court order quashed and rehearing ordered.
Civil procedure – Appointment of receivers – Order XXXVIII(1) CPC – Requirement of notice and inter partes hearing for receiver appointments – Ex parte chambers orders and procedural fairness – Sua sponte revision under s.4(3) AJA.
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30 September 2014 |
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Stay of execution granted pending appeal, conditional on applicant furnishing security of Tshs 953,142,797.05.
Stay of execution – appellate discretion – balance of convenience and irreparable harm – conditional stay subject to security – commercial decree.
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29 September 2014 |
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Improper voire dire renders child testimony inadmissible, but corroborative evidence can nonetheless sustain a conviction.
Evidence — Child witness competence — Lack of proper voire dire under s.127(2) Evidence Act renders child testimony inadmissible; Corroboration — Medical and supporting witness evidence can sustain conviction where child evidence excluded; Appellate review — concurrent factual findings not disturbed absent manifest unreasonableness, misapprehension or misdirection.
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27 September 2014 |
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Transfer after the High Court had taken plea and conducted preliminary hearing rendered the magistrate's trial null; appeal allowed.
Criminal procedure – Transfer under section 256A(1) CAP 20 – taking of plea and preliminary hearing – magistrate with extended jurisdiction must re-take plea and conduct preliminary hearing before trial – irregular transfer renders proceedings nullity – remedy: quash proceedings and remit to High Court for lawful and expeditious trial.
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27 September 2014 |
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Circumstantial evidence and an accepted cautioned statement upheld a murder conviction and death sentence.
Criminal law – murder – circumstantial evidence – last person seen with the deceased; cumulative circumstances must firmly and cogently point to guilt. Evidence – cautioned/confessional statement – admissibility; reading over in court and agreement to contents; minor procedural defects not necessarily prejudicial. Proof of malice aforethought – inference from motive and conduct before and after the offence.
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26 September 2014 |
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Appeal dismissed where Attorney General was a necessary/proper party and statutory notice to sue government was not given.
Civil procedure – amendment of pleadings – Order VI r.17 and Order 1 rr.9–10 – amendments permissible but not if made so late as to prejudice opposing party or absent necessary party. Government Proceedings Act – mandatory 90-day notice and requirement that suits against the Government be brought against the Attorney General. Joinder – Attorney General is a proper party where relief challenges acts said to be taken on the President's instruction; failure to join is ground for dismissal.
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26 September 2014 |
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Conviction quashed where child victim not properly examined and prosecution failed to prove guilt beyond reasonable doubt.
Evidence — sexual offences against children — competency of child witness under section 127(1) Evidence Act; corroboration and calling of available witnesses where circumstances require; burden of proof — prosecution must prove guilt beyond reasonable doubt and burden does not shift to accused; appellate interference where trial court misdirects or fails to consider defence and key evidential requirements.
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25 September 2014 |
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High Court’s ex parte, summary appointment of receivers without hearing respondents was irregular and set aside.
Civil Procedure – Order XXXVIII – Appointment of receivers – Seriousness of remedy – generally to be made in open court, not summary ex parte. Civil Procedure – Service and hearing – absence of express ex parte provision in O.XXXVIII creates presumption of need to hear opposite party. Administrative/Constitutional principle – right to be heard – respondents condemned unheard; order quashed. Procedural irregularity – revisional jurisdiction of Court of Appeal suo motu to correct illegality.
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25 September 2014 |
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Convictions quashed for lack of DPP consent and subordinate court jurisdiction in economic offence prosecution.
Criminal law — Unlawful possession of government trophies; Economic offences — Consent of the Director of Public Prosecutions required (s26, Cap 200); Jurisdiction — High Court vested to try economic offences unless DPP certificate permits subordinate court (s12(3), Cap 200); Charge sheet defects — Failure to cite Cap 200 where offence is scheduled under it.
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25 September 2014 |
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A preliminary objection cannot dispose of a case where locus standi depends on disputed facts; matter remitted for full hearing.
Companies law – restoration of company to register – application to rectify register of members. Civil procedure – preliminary objection – requirement that it raise a pure point of law on ascertained facts (Mukisa principle). Locus standi – cannot be decided on preliminary objection where membership is disputed and allegations of fraud exist. Remedy – quash of High Court decision and remittal for hearing on merits; costs to appellant.
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24 September 2014 |
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Whether the appellant could be convicted of murder under the doctrine of common intention despite not inflicting fatal wounds.
Criminal law — Murder — Identification and credibility of single eyewitness; post‑mortem evidence and minor contradictions; doctrine of common intention (s.23 Penal Code) — presence, conduct and failure to dissociate; direct evidence of involvement (stone‑throwing) distinguished from hearsay.
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24 September 2014 |
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Notice of appeal lacking required signature and essential steps was struck out under the Court Rules.
Civil procedure – Appeal practice – striking out notice of appeal under Rule 89(2) for failure to take essential steps. Court of Appeal Rules – Rule 83(1) and (6) and Form D – notice of appeal must be signed by or on behalf of appellant; signature of legal personal representative required if appellant deceased. Rule 90(1) – Certificate of Delay – entitlement denied where delays are unexplained or not properly evidenced. Failure to procure court records does not automatically excuse non‑prosecution absent adequate proof of service and entitlement to extension.
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23 September 2014 |
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Applicant's murder conviction upheld; judge dissented on death sentence, finding capital punishment inhuman and preferring life imprisonment.
Criminal law – murder – evidence – common intention established to rid deceased of land claimants. Sentencing – death penalty – constitutionality and proportionality – argued as inherently inhuman and degrading. Human rights – irreversibility and risk of wrongful execution – preference for life imprisonment.
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23 September 2014 |
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Failure to enter a conviction and specify statutory offence (ss235,312(2) CPA) is fatal; proceedings quashed and record remitted for proper judgment.
Criminal procedure — Mandatory entry of conviction (s235 CPA) — Judgment must specify offence and statutory provision (s312(2) CPA) — Omission fatal — Appeals rendered incompetent — Court’s revisionary power under s4(2) AJA to quash and remit for compliant judgment — Retrospective commencement of sentence from original sentencing date.
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23 September 2014 |
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A transfer under s256A(1) CPA must precede plea and name the magistrate; failure renders trial null and is quashed.
Criminal procedure – Transfer under section 256A(1) CPA – Transfer must be before plea and preliminary hearing; Transfer must be directed to a specific resident magistrate with extended jurisdiction; Jurisdictional defect – trial, proceedings, judgment and sentence rendered nullity; Appellate jurisdiction – invocation of section 4(2) AJA to quash and remit.
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23 September 2014 |
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Court struck out respondent's out-of-time Notice of Appeal filed nearly three years late under Rule 76(2).
Civil procedure – appeal – striking out notice of appeal – time bar – Rule 76(2) Court of Appeal Rules, 1979 – Rule 89(2) application – credibility of medical excuse for non-appearance.
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22 September 2014 |
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A time-barred Notice of Appeal filed years after judgment was struck out; dubious medical excuse did not justify non-appearance.
Civil procedure – appeal time limits – Rule 76(2) Court of Appeal Rules 1979 – Notice of Appeal filed out of time struck out. Civil procedure – applications to strike out – Rule 89(2) Court of Appeal Rules 2009 – application allowed where appeal is time-barred. Procedure – non-appearance – medical evidence must be genuine to excuse absence; unreliable evidence will not prevent hearing.
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22 September 2014 |
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Applicant's affidavit expunged for defective jurat; remaining affidavit failed to show "good cause" so extension denied.
Civil procedure – Affidavits – Jurat must state place and date; failure to do so renders affidavit incurably defective under section 8 of the Notaries Public and Commissioner for Oaths Act. Court of Appeal Rules 2009 – Rule 49(1): notices of motion may be supported by affidavits of other persons. Rule 10: extension of time requires demonstration of "good cause" by satisfactory evidential reasons in the supporting affidavit.
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19 September 2014 |
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A notice to sue the Government must be served on the responsible ministry; suing only the Attorney General is improper.
Government Proceedings Act s.6(2) – Notice of intention to sue must be served on the specific Minister/Department/Officer and copy to the Attorney General; proper Ministry/department is a necessary party. Non‑joinder – Suing Attorney General alone without impleading responsible Ministry/department renders suit bad in law. Limitation – Court declined to decide limitation where non‑joinder was fatal.
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19 September 2014 |
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Appeal allowed under Rule 39(6); conviction quashed, 30‑year sentence set aside and appellant ordered released.
Criminal procedure – Extension/leave under Rule 39(6), Court of Appeal Rules 2009 – sufficiency of cause for bringing an appeal. Appeal – appellate intervention where parties concede both sufficiency of cause and merit – quashing conviction and setting aside sentence. Order for release – effect of quashing conviction and sentence; release unless otherwise lawfully held.
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19 September 2014 |
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Extension to file review refused after applicant's affidavit was expunged for defective jurat and supporting affidavit failed to show good cause.
Extension of time — application for review — defective affidavit — jurat must state place of attestation per section 8 Notaries Public and Commissioners for Oaths Act — expungement of defective affidavit — Rule 49(1) affidavit by third party — requirement to show independent reasons/good cause under Rule 10.
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19 September 2014 |
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Applicant failed to show good cause for an extension to seek review; generalized claims of lost filings insufficient.
Criminal procedure — extension of time under Rule 10 — requirement to show good cause; review applications — grounds for review under Rule 66(1) — necessity to link excuse for delay to enumerated grounds; lost/misplaced registry documents — need for credible evidence (stamped filings or registry affidavits).
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18 September 2014 |
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An appeal is incompetent and must be struck out if mandatory trial exhibits are omitted from the record of appeal.
Civil procedure — Appeal competency — mandatory inclusion of trial exhibits in record of appeal — Rule 96(2) Court of Appeal Rules 2009 — exclusion requires leave under Rule 96(3) — 14‑day cure under Rule 96(6) — failure to include exhibits is fatal to appeal.
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18 September 2014 |
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Trial was a nullity where a District Magistrate presided over proceedings in a Resident Magistrate's Court; conviction quashed.
Criminal procedure — Constitution of magistrates' courts — Section 6(1)(c) Magistrates' Courts Act — Proceedings held by a magistrate not empowered to sit in the designated court are nullities; conviction and appeal dependent on such proceedings are quashed — Discretion to order retrial rests with the Director of Public Prosecutions guided by public interest and availability of evidence (Article 59B(4)).
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18 September 2014 |
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Delay by prison authorities amounted to good cause to extend time to file a notice of appeal for an incarcerated applicant.
Court of Appeal — extension of time under Rule 10 — notice of appeal — Rule 68 time limit — incarcerated appellants — delay by prison authorities as good cause — supporting affidavits and precedents.
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18 September 2014 |
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Preliminary hearing valid; non-compliant PF3 expunged; concurrent eyewitness evidence upheld conviction for robbery with violence.
Criminal procedure – Preliminary hearing – compliance with s.192(3) CPA; Evidentiary law – medical report (PF3) – requirements of s.240(3) CPA and expungement if non-compliant; Proof of robbery with violence – weight of concurrent eyewitness evidence and red-handed arrest; Prosecution’s choice of witnesses – failure to call investigator not necessarily fatal; Appellate review – reluctance to disturb concurrent findings of fact.
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17 September 2014 |
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Concurrent factual findings upheld; defective PF3 expunged, but conviction for robbery with violence sustained.
Criminal procedure – Preliminary Hearing – compliance with section 192(3) Criminal Procedure Act – memorandum read, explained and signed. Evidence – PF3 (medical form) – admissibility – non-compliance with section 240(3) Criminal Procedure Act – PF3 expunged. Criminal law – robbery with violence – proof of ingredients by complainant and independent witnesses – concurrent findings of fact upheld. Evidence – minor inconsistencies in witness accounts do not necessarily vitiate conviction where core facts are consistent. Prosecution discretion – choice of witnesses – failure to call investigator not fatal where case proved. Right to call witnesses – allegation of denial without contemporaneous record is an afterthought.
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17 September 2014 |
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Failure to institute an appeal within sixty days (and not seeking record or extension) deems the notice of appeal withdrawn.
Civil procedure – Appeal procedure – Rule 90(1) Court of Appeal Rules 2009 – time for instituting appeals and proviso excluding time for preparation of record. Civil procedure – Enlargement of time – need to apply for extension where leave to appeal is pending. Civil procedure – Effect of failure to institute appeal within prescribed time – Rule 91(a) deeming notice of appeal withdrawn and costs consequences. Practice – Written submissions – compliance with Rule 106(2) requirements for stating material facts and issues.
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17 September 2014 |
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Stay of execution refused where applicant failed to show substantial loss and did not provide required security.
Civil procedure – Stay of execution – Court’s discretion under Rule 11(2) of the Court of Appeal Rules, 2009 – Conditions: substantial loss, lack of unreasonable delay, security for due performance. Security – Applicant cannot rely on property not shown to be his to satisfy Rule 11(2)(d)(iii). Appeal procedure – Institution of appeal does not automatically stay execution; stay is granted only upon good cause shown.
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17 September 2014 |
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Failure to institute appeal within 60 days without applying for record or extension deems notice of appeal withdrawn.
Civil procedure – Appeals – Rule 90(1) and proviso re: application for copy of High Court proceedings – requirement to apply in writing within 30 days to exclude time. Civil procedure – Appeals – sixty-day limitation to institute appeal and Rule 91(a) consequence: deemed withdrawal of notice of appeal for failure to institute. Civil procedure – Leave to appeal pending in High Court does not suspend sixty-day time limit; party should seek enlargement of time under the Rules. Practice – Written submissions must state material facts and issues per Rule 106(2).
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16 September 2014 |
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Ignorance of court rules does not excuse failure to file mandatory written submissions; Reference dismissed for insufficient grounds.
Civil procedure – Court of Appeal Rules, 2009 – Rule 106(1) mandatory requirement to file written submissions – consequences under sub‑rules (9), (10) and discretion under (19). Procedural law – extension of time – Rule 48(1) requirement to state grounds for extension. Principle – ignorantia legis neminem excusat; ignorance of court rules or being a lay litigant is not a ground for dispensation.
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16 September 2014 |
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A guilty plea confines appeal to sentence; mandatory life for rape of a child under ten upheld.
Criminal law – guilty plea – scope of appeal limited to extent or legality of sentence – s.360(1) CPA. Evidence – defects (PF3, blood proof) immaterial once accused pleads guilty and admits facts. Criminal procedure – variance in dates curable under s.234(3) CPA. Sentencing – mandatory life imprisonment for rape of child under ten – s.131(3) Penal Code.
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16 September 2014 |
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Court quashed committal for contempt where applicants were condemned unheard and registrar unlawfully varied the judge's order.
Contempt of court — requirement to frame and record substance of charge, read charge and call accused to show cause, right to be heard — variation of judicial order by District Registrar — limits of Registrar's powers under section 327 CPA — revisional jurisdiction under section 4(3) AJA — necessity to specify legal basis (eg. Penal Code s.114) when committing to imprisonment.
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15 September 2014 |
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Delay by Registrar in supplying documents constituted good cause; applicant given leave to file stay application within 14 days.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules, 2009 — Application for stay of execution — Delay in obtaining High Court copies from Registrar — Good cause established — Other objections reserved for substantive hearing.
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15 September 2014 |
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Application for extension struck out because notices misstated the High Court judgment date, rendering the notice of appeal invalid.
Court of Appeal Rules – Form A and Form D – mandatory requirement to state correct date of High Court decision – invalid Notice of Appeal defeats jurisdiction to grant extension of time – defective notices incurably defective for purposes of extension application.
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12 September 2014 |
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A drawn/extracted order granting leave to appeal must be included in the record; omission makes the appeal incompetent.
Civil procedure – Appeal records – Rule 96(1)(i) Court of Appeal Rules – Requirement that an extracted/drawn order granting leave to appeal be annexed to the record – Distinction between "ruling" and "order" – Omission renders appeal incompetent.
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12 September 2014 |
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Ignorance of the law and unspecified grounds do not justify extension of time to seek Review of an appeal decision.
Criminal procedure — Application for extension of time to seek Review — Rules 10 and 48(1) Court of Appeal Rules 2009; Extension of time — sufficiency of cause — ignorance of law not sufficient; Review of Court of Appeal decision — exceptional remedy, not automatic; Requirement to particularise grounds of alleged illegality (Rule 66(1)) to attract discretionary extension; Reliance on Kalunga & Co. v. NBC Ltd. and related authorities.
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11 September 2014 |
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Unexplained lighting, delayed arrest and improper admission of a confession defeated proof beyond reasonable doubt.
Criminal law – Visual identification – recognition from a lit room and from torches – necessity to explain source and intensity of light; conditions favouring identification. Criminal procedure – Delay in arrest – unexplained delay undermining witness credibility. Evidence – Cautioned/confessional statement – duty to hold inquiry into voluntariness before admission. Standard of proof – prosecution must prove guilt beyond reasonable doubt; doubts resolved for accused.
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11 September 2014 |
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An extension to apply for review requires good cause and an indication of which Rule 66(1) grounds the review will rely on.
Civil procedure – extension of time – Rule 10 Tanzania Court of Appeal Rules; Review jurisdiction – Rule 66(1) – grounds for review (manifest error on face of record; deprivation of hearing; nullity; lack of jurisdiction; judgment procured illegally/fraud/perjury) – must be pleaded or shown at extension stage; Review is not an appeal – proposed review must prima facie relate to Rule 66(1) grounds; Review jurisdiction existed in case law before 2009 Rules.
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11 September 2014 |
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10 September 2014 |
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Application for extension struck out because defective notices cited an incorrect High Court judgment date, depriving jurisdiction.
Extension of time — Notice of Motion and Notice of Appeal must correctly state the date of the decision — Rule 48(2)/Form A and Rule 83(6)/Form D — invalid Notice of Appeal deprives Court of jurisdiction — defective notices not curable in present application.
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10 September 2014 |
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Court granted extension to serve notice of appeal due to registry endorsement failure, with service to occur within 14 days.
Civil procedure — Extension of time — Application under Rules 10 and 84(1) — Delay attributed to registry's failure to endorse notice of appeal — Respondent’s non-opposition and discretionary grant of extension.
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10 September 2014 |
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An unopposed adjournment pending service of written submissions and related extension application was granted under Rule 59.
Court procedure – Adjournment – Application adjourned under Rule 59 where adjournment depended on outcome of related extension-of-time application and service of written submissions; respondents unopposed.
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10 September 2014 |
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A leave-to-appeal decision must be extracted as an Order and annexed to the record; omission renders appeal incompetent.
Court of Appeal procedure — Rule 96(1)(i) — Leave to appeal — Decision granting leave must be extracted/drawn as an Order and annexed to the record; a ruling copy alone is insufficient; failure to include the extracted Order renders appeal incompetent.
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10 September 2014 |