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73 judgments found.
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June 2015
An appeal founded on an incurably defective decree is incompetent and may be nullified and struck out.
Civil procedure
— Appeals — requirement that memorandum of appeal be accompanied by a copy of the impugned decree
— Court of Appeal — Revision
— Decree
— Incurably defective decree — renders appeal incompetent
25 June 2015
Non‑compliance with ss 214 and 231 CPA rendered trial and appellate proceedings a nullity; retrial left to the DPP.
Appellate practice — Court of Appeal revisional powers s.4(2) AJA — Revisionary power to declare nullity and remit re‑charging decision to DPP — Appellate Jurisdiction Act s 4(2)
Criminal procedure
— Section 231 CPA — Right to call defence witnesses — Section 231 Criminal Procedure Act
— reassignment of partly heard trial — Mandatory recording of reasons for change of magistrate — Section 214 Criminal Procedure Act
16 June 2015
The applicant’s review was dismissed; the 30‑year minimum sentence for armed robbery was lawful under the Minimum Sentences Act.
Civil procedure
— Review — Court of Appeal
— review not a rehearing of decided appeals Criminal evidence — challenge to reliance on prosecution witness and former statements cannot be re‑litigated in review Criminal procedure — rejection of alibi and witness contradictions are appellate/factual issues not ordinarily for review Sentencing
16 June 2015
Where a dispute originated in the High Court as a land court, extension and leave must be sought first from the High Court; Court of Appeal lacked jurisdiction.
Appellate practice
— Appellate jurisdiction — limits where other written law
— jurisdiction — Court of Appeal cannot be used to circumvent statutory leave requirement in land cases
15 June 2015
Preliminary objection dismissed: affidavit sufficiently stated legal issues and met statutory revision pleadings, application to proceed on merits.
Labour law
— Labour procedure — Affidavit content
— revision jurisdiction — Adequacy of pleadings — Preliminary objection to strike out dismissed
15 June 2015
Failure to record reasons for magistrate transfer and illegal excessive sentences nullified proceedings; convictions quashed and appellants released.
Criminal procedure
— Sentencing limits of Resident Magistrate under s.170(1)(a) CPA — excess sentence illegal — Section 170(1) CPA
— Transfer of trial between magistrates — non-compliance with section 214(1) renders proceedings null — Criminal Procedure Act s.214(1)
11 June 2015
Conviction quashed because nighttime visual identification was unsafe due to non‑compliance with identification guidelines.
Criminal law — identification evidence — Visual identification — compliance with Waziri Amani requirements
Criminal procedure — substituted service by publication — Proceeding in absence of respondent — Court of Appeal Rules r.80(6)
11 June 2015
Conviction unsafe due to unreliable visual identification and failure to apply identification safeguards.
Criminal law
— Spousal evidence — Corroboration required for husband-and-wife testimony
— identity evidence — Visual identification at night — Necessity of following Waziri identification guidelines to avoid mistaken identity
Criminal procedure — Safety of conviction — Quashing conviction where identity not proved beyond reasonable doubt — Reliability of identification dispositive where circumstances create reasonable doubt
11 June 2015
Conviction quashed where visual identification was unsafe due to failure to apply identification guidelines.
Criminal law — Visual identification
— corroboration of spouses' evidence
— requirements and guidelines (source/intensity of light, distance, time, description, identification parade)
11 June 2015
11 June 2015
Appeal struck out because the Tribunal order was invalid for lacking the signatures required by Rule 17(3).
Tax law — Tax appeals — Validity of Tribunal orders — Proceeding where respondent not served
11 June 2015
Unrepudiated confessions upheld two convictions; third appellant acquitted for lack of corroboration.
Civil procedure — Procedure
— Conviction safe where confession by accused is admitted and not retracted
— conviction unsafe where sole basis is uncorroborated co-accused statements
Criminal law — Armed robbery — conviction based on accused’s cautioned/confession statements — admissibility and weight of unrepudiated confessions
Evidence — Co-accused confessions implicating a third party — requirement of independent corroboration
Evidence — Visual identification
— lighting and witness presence
— reliability and sufficiency
11 June 2015
Unrepudiated cautioned confessions sustained convictions for two appellants; third acquitted for lack of corroboration.
Criminal law — Armed robbery — reliance on cautioned/confession statements — weight and effect of unrepudiated confessions
Evidence
— Corroboration requirement
— Visual identification — reliability of night identification and use of torchlight
11 June 2015
Procedural defects (inadmissible confession, misdirected assessors, undisclosed witness) vitiated trial; convictions quashed.
Criminal law
— Admissibility of cautioned statements — inadmissible statement referred to assessors
— Circumstantial evidence — duty to direct assessors on burden and irresistible inference
— Remedy — quash convictions and set aside sentences where retrial would be oppressive
— Trial irregularity — misdirection of assessors and procedural defects vitiating trial
11 June 2015
Procedural flaws—misdirection to assessors and reference to excluded confession—vitiated circumstantial murder convictions; appeals allowed.
Criminal law — Circumstantial evidence — Burden of proof and directions to assessors
Trial procedure
— Criminal Procedure Act ss.246(2), 289 — committal, notice and substance of evidence
— inadmissible cautioned statement referenced to assessors
— Retrial — ordered only if interests of justice require
— Trial with assessors — misdirection nullifies trial
11 June 2015
Procedural and evidential irregularities—improper admission of post‑mortem and lack of assessors' directions—warranted a retrial.
Civil procedure — remedy
— cumulative irregularities may amount to miscarriage of justice
— retrial ordered
Criminal procedure — Admissibility of exhibits
— non‑compliance with s34B
— post‑mortem report improperly admitted when tendered from the bar
Evidence — Child witness
Human rights — Fair trial — minimum standards (R — right to cross‑examine experts and to challenge prosecution evidence
11 June 2015
Appellant's conviction set aside for trial irregularities (improper post‑mortem admission, failure to direct assessors on child evidence); retrial ordered.
Criminal procedure
— Trial irregularity — Failure to direct assessors on alibi renders trial nullity — Retrial ordered / miscarriage of justice
— child witness — Requirement for caution and corroboration of unsworn child evidence (s127 Evidence Act) — Competence/voir dire considerations
Evidence — PF3 admissibility — Admissibility of post‑mortem/medical reports and right to summon doctor for cross‑examination — Criminal Procedure Act s 291(3) / Evidence Act s 34B(2)
11 June 2015
Conviction quashed where refusal to summon defence witness and unreliable identification denied appellant a fair trial.
Criminal law — Attempted murder
Criminal law — Fair trial
— exercise of judicial discretion
— family witnesses and need for caution
— summonsing defence witnesses
Criminal law — identification evidence — credibility versus favourable conditions
10 June 2015
Refusal to summon a defence witness under s295(2) CPA deprived the applicant of a fair trial; conviction quashed.
Criminal law — identification evidence — Reliability of eyewitness identification
Criminal procedure — Right to call defence witnesses — Summoning defence witnesses under s295(2) CPA — Discretion and materiality
Evidence — Competence and credibility of family witnesses — Need for caution when witnesses are closely related and exhibit inconsistencies
10 June 2015
Refusal to summon potentially material defence witness under s295(2) CPA deprived the appellant of a fair trial; conviction set aside.
Criminal law — identification evidence — Reliability and credibility — family witnesses, internal inconsistencies, and personal animosity. Right to fair trial — prejudice where potentially material defence evidence is excluded
Criminal procedure — Summoning defence witnesses not listed at committal — Trial court’s discretion — Materiality of evidence
10 June 2015
Conviction quashed for unsafe visual identification and improper reliance on recent possession of an unlinked motorcycle.
Criminal law — Visual identification — Reliability of identification — identification parade
Criminal law — doctrine of recent possession
— Requirements: property found with suspect
— nexus to charge
— proven ownership
— recent theft
Evidence — Hearsay — Hearsay/uncalled witness — Impact on safety of conviction and raising reasonable doubt
10 June 2015
Identification and recent possession were insufficiently proved; conviction quashed and sentence set aside.
Criminal law
— Recent possession — Requirements: property found with suspect, positively identified as complainant’s, recently stolen and subject matter of charge
— Visual identification — Reliability of identification — Waziri Amani guidelines
Evidence — Hearsay — statements based on an uncalled third party cannot safely ground conviction
10 June 2015
Late withdrawal of an appeal after listing attracts costs; Rule 4(2)(a) applies when Rule 102(1) is inapplicable.
Appellate practice — Appeal procedure — Withdrawal after listing — Application of Court of Appeal Rules 4(2)(a) vs Rule 102(1)
Civil procedure — Costs — Defendant entitled to costs incurred up to withdrawal when plaintiff withdraws on hearing date
10 June 2015
Appeal withdrawn at hearing under Rule 4(2)(a); late withdrawal warrants respondent’s costs.
Civil procedure — Withdrawal of appeal — notice of withdrawal filed after appeal listed for hearing
10 June 2015
Late withdrawal after listing allowed under Rule 4(2)(a); appellants ordered to pay respondents' costs.
Civil procedure — Appeal withdrawal — Notice of withdrawal filed after listing for hearing
10 June 2015
A conviction based on a defective, confusing charge citing a non‑existent provision amounts to a failure of justice.
Criminal law — Charge drafting — citation of non-existent statutory provisions — Inconsistent particulars and failure to disclose essential elements
Criminal procedure
— Particulars of offence — A charge that fails to state key ingredients may render conviction unsustainable — Requirement that particulars disclose essential elements to enable defence
— Prejudice from defective charge — Defective charge can vitiate proceedings and warrant quashing of conviction
9 June 2015
Post‑mortem improperly admitted but remaining identification evidence sufficed; appeal dismissed.
Criminal law
— Visual identification — night‑time identification
— admissibility of post‑mortem report — mandatory requirement to inform accused of right to summon/report author — Criminal Procedure Act s 291
9 June 2015
Failure to inform appellants of their s.291 right rendered the post‑mortem inadmissible, but identification evidence sustained conviction.
Criminal law — Evidence — Admissibility of post‑mortem report
— expulsion of exhibit
— failure fatal
— Mandatory requirement
Criminal law — identification
— alibi rejected. Minor inconsistencies and dusk lighting immaterial where witnesses had close, repeated observation
— evidence corroborated by retracted cautioned statement and naming to third party
— opportunity, proximity and repeated sightings
9 June 2015
1st appellant acquittal for unsafe identification; 2nd appellant’s conviction as procurer upheld under Penal Code s.22.
Criminal law
— Participation/procurement — Liability of a person who procures an offence under Penal Code s.22(1)(d) and (3)
— Visual identification — descriptive particulars
Criminal procedure — identification parade — requirements and consequences of irregular parade
9 June 2015
First appellant's conviction quashed for unreliable identification; second appellant convicted as procurer under sections 22(1)(d) and 22(3).
Criminal law
— Homicide by unsafe abortion — liability of procurer
— Identification parade
9 June 2015
Visual identification by moonlight/torchlight was unreliable; convictions quashed and sentences set aside.
Criminal law — Visual identification
— appellate intervention by quashing convictions where identification evidence is unreliable
— Reliance on moonlight/torchlight
9 June 2015
Applicant’s revision out of time dismissed for lack of good cause and because appeal/Rule 4 remedy was available.
Civil procedure — Summary judgment — availability of setting-aside remedy — right of appeal in land disputes
8 June 2015
Application for revision out of time dismissed for lack of good cause and availability of appeal.
Civil procedure — Land disputes
— Revision inappropriate where adequate alternative remedies exist
— right of appeal
Civil procedure — Summary procedure
8 June 2015
Illness alone insufficient for extension; applicant must show review grounds and prospects under Rule 66(1)(a)–(e).
Criminal procedure — Extension of time — before extension granted
8 June 2015
Illness alone is insufficient; applicant must show grounds/prospects under Rule 66(1)(a)–(e) to obtain extension of time.
Criminal procedure — Extension of time — when seeking extension under Rule 10 of the Court of Appeal Rules
Evidence — Evidence of illness — medical proof required to explain delay but insufficient without showing review grounds
8 June 2015
Court quashed murder conviction and ordered psychiatric examination where evidence raised reasonable doubt about appellant's sanity.
Civil procedure — Trial fairness
— consequences of failure to do so
— Duty of defence counsel to raise special defences at appropriate stage
Criminal law — Murder — defence of insanity — Proper stage to raise insanity (plea-taking) — Court's discretion
Criminal procedure — Revision — Quashing proceedings where trial court failed to order psychiatric examination despite indicia of mental disorder
8 June 2015
A conviction based solely on an unreliable single eyewitness is unsafe and was quashed.
Criminal law — Visual identification
— Conviction on sole eye‑witness evidence requires greatest caution
— material contradictions and missing material witnesses (adverse inference) render identification unsafe
8 June 2015
Conviction unsafe where sole identifying witness was unreliable and a material witness was not called.
Criminal law
— corroboration — Circumstantial corroboration — Circumstantial corroboration cannot salvage an unreliable primary identification
— identification evidence — single witness identification — reliability and need for corroboration
Criminal procedure — Failure to call material witnesses — adverse inference
8 June 2015
Post-plea transfer contrary to s256A(1) CPA renders subsequent proceedings null; retrial ordered.
Criminal procedure — preliminary hearing forms part of trial — transfer after plea renders subsequent proceedings null and void — appellate revisional powers
8 June 2015
Transfer to a magistrate with extended jurisdiction after plea and preliminary hearing is invalid; retrial before High Court judge ordered.
Criminal procedure
— Transfer of plea and trial under s.256A(1) CPA — Transfer must be effected before plea and preliminary hearing; proceedings after improper transfer are nullity
— Revisional powers s.4(2) Appellate Jurisdiction Act — Quashing of defective proceedings and ordering retrial
8 June 2015
Applicant failed to show good cause for delay; appeal or Rule 4 relief, not out‑of‑time revision, was the appropriate remedy.
Civil procedure — Civil procedure code order XXXV — summary procedure
Civil procedure — Land Disputes Courts Act s.47(1)
— availability of appeal in land disputes
— Practical utility of revision where alternative remedies exist
5 June 2015
Leave to file revision out of time dismissed for lack of good cause and available alternative remedies.
Civil procedure
— Revision — Extension of time — Requirement to show sufficient cause and practical utility
— Order XXXV summary procedure — Setting aside a summary decree — Application under Rule 4 as proper remedy
— Appeal — Revision is not an alternative to appeal — Availability of appeal or statutory remedies may render revision untenable
5 June 2015
Extension denied where illness was shown but applicant failed to demonstrate prima facie grounds or prospects of success.
Civil procedure — extension of time — Court of Appeal Rules, 2009
Civil procedure — illness as cause of delay
— evidentiary sufficiency of medical chit
— need to demonstrate prima facie grounds/prospects of success for proposed review
5 June 2015
Cautioned statement did not amount to admission; failure to call VEO and produce PF3 justified quashing conviction.
Criminal law
— Cautioned statement — admissibility and weight — Whether statement constituted an admission of guilt
— Failure to call material witnesses — adverse inference — Non‑production of PF3/medical report
Criminal procedure — contradictions in prosecution witnesses — need to resolve inconsistent statements before relying on identification — Improper tendering of police statement (s.154) and effect on safety of conviction
5 June 2015
Conviction quashed due to misread cautioned statement, failure to call VEO or tender PF3, and material witness contradictions.
Criminal law — Cautioned statement — insufficient alone to sustain conviction
Criminal procedure — charge particulars and curative power under section 388 CPA — Omission to cite specific subsection of the offence
Evidential weight of medical (PF3) and witness testimony — Medical evidence (PF3) — Non-production not necessarily fatal where credible oral testimony
5 June 2015
Court discards unreliable confessions, upholds conviction on visual identification for one appellant, quashes others and corrects illegal sentences.
Criminal law — identification evidence — recognition by victims who knew accused prior to offence — dock identification not applicable
Criminal law — sentencing
— appellate court may substitute lawful sentence where sentence is illegal
— minimum sentence for gang rape is life
Criminal procedure — Alibi — notice
Evidence — confessional/cautioned statements — contradictions and inconsistency with other evidence render them unreliable and of no weight
5 June 2015
Visual identification of known neighbours upheld; inconsistent confessions excluded; gang-rape sentences substituted to life imprisonment.
Criminal law
— Evidence — Admissibility and weight of cautioned/confessional statements — Contradictions between cautioned statements and complainants' accounts
— sentencing — minimum sentence — Illegal sentence
— Visual identification — dock identification — Conditions for safe identification
Criminal procedure — Alibi — Notice and particulars required under s.194 CPA — Consequences of failure to give notice
5 June 2015
Applicant’s stroke and hospitalization constituted good cause to extend time to file written submissions.
Civil procedure
— extension of time — Application under Rule 10
— form of formal applications — non-citation of Rule 48(1) not necessarily fatal where supporting affidavit discloses grounds
5 June 2015
Illness and hospitalization can amount to good cause to extend time to file appeal submissions; procedural non‑citation not fatal.
Civil procedure
— extension of time — written submissions filed out of schedule — Illness/hospitalization as good cause — Rules 10 and 106(1) of the Tanzania Court of Appeal Rules
— Notice of motion — Non‑citation of Rule 48(1) — Non‑citation not fatal where substantive formal requirements met
5 June 2015
Procedural failures (no clear conviction; assessors not addressed on voluntariness and alibi) vitiated the murder trial; retrial ordered.
Criminal procedure
— Defence — alibi — treated as a vital point of law requiring proper summing-up to assessors
— Evidence — cautioned statement — voluntariness and retraction to be treated as vital issue requiring consideration by assessors
— High Court trials with assessors — duty to address assessors on all vital points of law
— remedy — revisional jurisdiction
5 June 2015