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Citation
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Judgment date
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| December 2021 |
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Court affirms trafficking conviction on total parcel weight; expunges unsworn trial-inquiry evidence and unread exhibit.
Criminal law – Narcotic drugs – Identification and admissibility of exhibits – Chain of custody – laboratory parcel and component envelopes – statutory definition 'anything that contains' a scheduled substance – weight attribution; Arrest and search at airport – lawfulness; Trial-within-trial requirements – witness to be sworn and cautioned statement admissibility; Oral evidence and observation forms as sufficient proof of movement and identification of exhibits.
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23 December 2021 |
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The Court struck out the DPP's appeal as incompetent after a Constitutional Court ruling removed the DPP's right to appeal interlocutory orders.
* Criminal procedure – competence of appeal – Whether the DPP may appeal interlocutory or preliminary orders after Constitutional Court declared section 6(2) AJA partially void.
* Interpretation of statutes – retrospective effect – Procedural changes and judicial decisions apply retrospectively to pending cases.
* Evidence – admissibility/use of CCTV/CD evidence – trial judge’s management of witness testimony (issue not determined due to lack of jurisdiction).
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23 December 2021 |
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The applicant’s appeal was struck out for failing to serve the notice of appeal within 14 days under Rule 84(1).
Civil procedure — Appeal competence — Service of notice of appeal — Rule 84(1) Tanzania Court of Appeal Rules, 2009 — Failure to serve within 14 days renders appeal incompetent; preliminary objections based on record — Overriding objective/Rule 4(1) cannot cure breach of mandatory procedural rules; distinction between Rules 84(1) and 86(1).
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23 December 2021 |
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Breach of mortgagee's duty to obtain best price does not automatically discharge mortgagor from outstanding loan; deficiency remains recoverable.
* Land law – Mortgagee’s duty of care – s.133 Land Act – duty to obtain best price reasonably obtainable and rebuttable presumption where sale ≥25% below comparable prices. * Remedies for breach – nullification of sale or damages; breach does not automatically discharge mortgagor from outstanding debt. * Right of mortgagee to pursue deficiency after sale.
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21 December 2021 |
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Conviction quashed where police searched without a warrant and trial court failed to apply section 169 balancing test.
Criminal procedure – Search and seizure – Requirement for search warrant under section 38 CPA and Police General Orders – Admission of evidence obtained unlawfully – Section 169 CPA balancing test – Effect of expunging illegally obtained evidence on sufficiency of prosecution case.
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21 December 2021 |
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Appeal allowed: trial court erred in relying on documents not attached to the amended plaint, rendering the judgment unsustainable.
Civil procedure – Order VIIIA speed tracks: trial court may reschedule expired speed track to secure substantive justice; Amended pleadings – earlier pleadings cease to have effect; documents annexed only to original plaint cannot be relied upon for an amended plaint; Order VIII rule 14(1) – effect of failure to plead to a counterclaim; Evidence – admissibility of exhibits and relevance where pleadings amended.
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20 December 2021 |
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University followed its plagiarism regulations and accorded fair hearing; courts will not force conferment of a degree.
* University law – academic dishonesty and plagiarism – applicability of postgraduate regulations (2013) – discontinuation for examination irregularity.
* Administrative law – natural justice – right to be heard – adequacy of hearing and reasons.
* Judicial review – limits of courts in interfering with academic decisions – certiorari/mandamus not a tool to compel conferment of degrees.
* Institutional powers – Senate and SPSC authority under university charter and regulations.
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20 December 2021 |
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Unauthorised amendment to pleadings and an improperly conducted locus visit vitiated the trial, warranting a retrial.
Pleadings — amendment of defence without leave — evidence based on unpermitted amendment inadmissible; Civil procedure — unpleaded issues may be decided only if left to the court by the parties; Evidence — locus in quo visits must follow proper procedure, be recorded and exhibits produced; Procedural irregularity — miscarriage of justice vitiates judgment; Remedy — quash judgment and order retrial.
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20 December 2021 |
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The appellants were liable as guarantors; the bank validly appointed a financial controller and lawfully sold the mortgaged property.
Banking law – Guarantees and mortgages – guarantors’ liability; Contract interpretation – rights to appoint financial controller under facility agreement (item 5.9); Civil procedure – non-joinder of borrower not fatal where guarantors bear burden of proof; Evidence – proof of service by dispatch book and failure to cross‑examine; Land law – lawful sale of mortgaged land by public auction under s.126 Land Act.
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20 December 2021 |
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Guarantors bound by loan terms: bank lawfully appointed a financial controller and lawfully sold mortgaged land after valid default notice.
Contract law Guarantor liability under loan and guarantee documents; Mortgage enforcement appointment of financial/collateral manager under express contractual term (item 5.9); Notice validity of demand/default notice and proof of service; Land law power to sell mortgaged land by public auction and protection of bona fide purchaser; Civil procedure non-joinder of borrower not fatal where dispute between present parties can be determined; Admission of evidence proper tendering and admission of exhibits.
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20 December 2021 |
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Appellate court quashed enhanced compensation after High Court decided new unpleaded issues without hearing parties.
* Labour law – unfair dismissal – CMA award and High Court revision – competence of arbitrator to regulate procedure and authenticate proceedings. * Civil procedure – appellate/revisional courts – right to be heard – new issues cannot be raised and determined without affording parties opportunity to address them. * Evidence – authentication of tribunal record – signatures and coram as sufficient safeguards.
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16 December 2021 |
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Affidavit paragraph expunged as argumentative; defective verification clause may be amended within 30 days; costs in the cause.
• Civil procedure – Affidavit requirements – Affidavits must state facts of deponent’s own knowledge or clearly identify information/belief; no legal argument or conclusion allowed.
• Civil procedure – Verification clause – Must distinguish which averments are from personal knowledge and which are from information or belief and disclose sources of information.
• Civil procedure – Preliminary objections – Offensive paragraphs may be expunged and defective verification clauses may be amendable in the court’s discretion.
• Restoration of appeal – Competency of supporting affidavit determines admissibility of the application for restoration.
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15 December 2021 |
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A voluntary cautioned statement and possession evidence can establish common intention for theft; new grounds cannot be raised on appeal.
Criminal law – Appeal procedure – new grounds not raised in first appeal; Criminal procedure – cautioned statement – inquiry into voluntariness and admissibility; Evidence – confession and possession of proceeds as proof; Penal Code – common intention (s.23) in joint theft.
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15 December 2021 |
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Omission to determine alleged illegality of service justified quashing refusal to extend time and remitting matter for determination.
Civil procedure – service of summons and substituted service; alleged defective service on defendants resident outside jurisdiction; illegality as sufficient cause for extension of time; duty of trial court to determine contentious issues; appellate interference where discretion ignored material considerations.
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14 December 2021 |
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Court upheld rape conviction on credible victim and medical corroboration but disregarded PF3 not read to the accused.
Criminal procedure – section 210 CPA (read-over of evidence) – omission for defence non-prejudicial where record unchallenged; Evidence – documentary exhibits (PF3) must be read over and explained to accused; Identification – no in-court pointing required where victim knew accused; Rape – victim's evidence corroborated by medical examiner on penetration; Age of victim – admissible proof and sentencing implications.
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14 December 2021 |
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Appeal dismissed: identification, recent possession and voluntary confessions upheld as proving robbery beyond reasonable doubt.
Criminal law – gang armed robbery – identification evidence – concurrent findings – doctrine of recent possession – admissibility and voluntariness of cautioned statements – chain of custody – competence to raise new grounds on second appeal.
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8 December 2021 |
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Second appeal dismissed: non-compliance with s.210(3) CPA non‑prejudicial; credible identification and evidence proved armed robbery.
Criminal procedure — s.210(3) CPA — non-compliance not fatal absent prejudice; Identification — credibility of injured witness and site inspector upheld on second appeal; Evidence — cautioned statement expunged but remaining evidence sufficient; Evidence Act s.49(1) — eyewitness to signature may prove document signing; Reasonable doubt — speculation about key custody insufficient to overturn conviction.
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8 December 2021 |
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Provocation and alleged witchcraft were not proved; evidence showed premeditated murder, so conviction and death sentence affirmed.
Criminal law – Murder v. Manslaughter – Provocation (ss. 201–202 Penal Code) – Heat of passion and objective test; witchcraft allegations – requirement of sudden shock and physical evidence; premeditation and malice aforethought established by conduct (luring, arson, delay, fatal machete attacks) – conviction and death sentence upheld.
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7 December 2021 |
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Non‑compliance with statutory assessors’ participation and written‑opinion requirements nullifies tribunal proceedings and warrants retrial.
Land procedure — District Land and Housing Tribunal — mandatory composition and participation of assessors — requirement for assessors’ written opinions under Regulation 19(2) and section 23(2) — failure to comply is fatal and renders proceedings a nullity — appellate power to nullify and order retrial.
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3 December 2021 |
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High Court proceedings after a pending notice of appeal and without mandated assessors are null; matter remitted to recommence.
* Civil procedure – jurisdiction – effect of a notice of appeal: once a notice of appeal to the Court of Appeal is lodged and not withdrawn, the High Court ceases to have jurisdiction to proceed. * Procedure in Land Division – assessors – Rule 5F/5G (GN. No. 63 of 2001 as amended by GN. No. 364 of 2005): failure to indicate assessors' involvement or parties' choice vitiates proceedings. * Appellate powers – revisional jurisdiction under s.4(2) of the Appellate Jurisdiction Act to quash and remit proceedings tainted by jurisdictional or procedural irregularities.
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3 December 2021 |
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Defective summing up to assessors and extraneous matters in judgment vitiated the murder convictions; appellants released.
Criminal procedure – summing up to assessors (s.265, s.298 CPA) – duty to explain vital legal/factual points; Identification – requirements and risk of mistaken identity; Judgment – reliance on extraneous matters vitiates conviction; Remedy – nullification, quashment and release vs retrial.
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3 December 2021 |
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Administrator's suit upheld: no time-bar, administrator had locus standi, marital issue not properly pleaded.
* Land law – limitation – accrual of cause of action – Item 22, First Schedule, Law of Limitation Act; action not time‑barred where cause accrued on eviction.
* Pleadings – parties bound by pleadings; unpleaded factual issues (e.g. marital status) cannot be raised late.
* Probate/administration – powers of administrator appointed by Primary Court include collecting estate assets and bringing/defending proceedings (Fifth Schedule, MCA).
* Locus standi – administrator has standing to sue for matters concerning the deceased's estate even if particular property is not itemized in letters.
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3 December 2021 |
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Holder of a mining licence failed to prove land description or trespass; appeal dismissed with costs.
* Land law – Special mining licence – claim of trespass by licence holder – requirement to prove demarcation and boundaries of suit land; * Evidence – burden of proof in civil claims – 'he who alleges must prove' and weight of concurrent findings; * Possession and trespass – occupier's possession is central; claimant must establish encroachment; * Civil procedure – compensation awarded without being pleaded may be quashed.
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3 December 2021 |
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Failure to sum up and to direct assessors on vital law vitiated the trial; conviction quashed and retrial ordered.
Criminal procedure – trial with assessors – mandatory duty to sum up evidence and direct assessors on vital points of law (s.298 CPA); failure renders trial a nullity; retrial in interests of justice; chain of custody and ingredients of offence directions essential.
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3 December 2021 |
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A missing drawn order in the record breaches Rule 96(1)(h)&(i), but Rule 96(7) discretion may cure defects if no prejudice and merits dictate proceeding.
Court of Appeal – Appeal competence – Missing drawn orders in record of appeal – Rule 96(1)(h) & (i) – Rule 96(7) discretion to cure defects – Overriding objective and avoidance of technical defeat of appeals.
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3 December 2021 |
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Omitted drawn orders are mandatory for a competent appeal, but Court may allow a supplementary record under Rule 96(7).
Civil procedure — Appeal — Record of appeal — Rule 96(1)(h)&(i) (decree/order and order giving leave to appeal) — omission renders record incomplete — Rule 96(7) — Court's discretion to allow supplementary record of appeal — overriding objective limited where mandatory documents are absent.
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3 December 2021 |
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Failure to administer oath and to sign witnesses' evidence vitiated CMA and High Court proceedings; matter remitted for de novo hearing.
* Labour law – arbitration – mandatory administration of oath or affirmation to witnesses under Mediation and Arbitration Rules and Oaths Act – omission vitiates proceedings.
* Evidence – presiding officer’s signature on recorded witness evidence – authenticity and veracity – omission a fatal irregularity.
* Civil procedure analogies – Order XVIII Rule 5 CPC and precedents applied to arbitration proceedings.
* Remedy – nullification of proceedings, quashing of award and judgment, remittal for de novo hearing; costs each party.
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3 December 2021 |
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Conviction quashed where victim's testimony conflicted with medical evidence and voire dire was defective.
Criminal law — Evidence — Sexual offences: victim's evidence and medical testimony irreconcilable; defective voire dire under s.127(2) renders child evidence unsworn; corroboration and credibility; misapprehension of evidence justifies disturbing concurrent findings.
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3 December 2021 |
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Trial judge’s summing-up comments that influenced assessors vitiated the trial, quashing conviction and ordering retrial.
Criminal procedure — Assessors — Trial Judge must not disclose views or influence assessors when summing-up — Where a Judge departs from assessors' unanimous opinion, reasons should be given — Improper summing-up vitiates proceedings and warrants retrial.
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3 December 2021 |
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Failure to address assessors on alibi nullified trial; weak identification and evidential gaps led to quashed conviction and no retrial.
Criminal procedure – Assessors – duty to address on vital points including alibi; omission renders trial nullity; Visual identification – reliability at night, recognition vs naming at earliest opportunity; Delay in arrest and contradictions – raising reasonable doubt; Proof of death – medical evidence not always necessary but absence may create doubt; Retrial – ordered only if in interest of justice (Fatehali Manji).
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3 December 2021 |
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General (non-liquidated) damages do not determine pecuniary jurisdiction; judgment quashed for denying right to be heard.
Civil procedure — Pecuniary jurisdiction — General damages do not determine jurisdiction; declarations and non-liquidated claims fall within High Court jurisdiction — Right to be heard — Trial court misapplied Order XX r.2 instead of r.3 when parties present but witness absent — Proceedings and judgment of 19 July 2018 quashed and matter remitted for continuation.
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3 December 2021 |
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Inadequate summing up to assessors vitiated the trial, leading to quashing of conviction and remittal for re-summing up or retrial.
Criminal procedure — duty of trial judge to sum up to assessors; assessors’ opinions must be informed — omission to address vital points (legality of arrest/search, seizure certificate, chain of custody, ingredients of offence, contradictions, burden/standard of proof) vitiates trial — conviction quashed and proceedings remitted for re-summing up or retrial under s.299 CPA.
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3 December 2021 |
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Court upheld conviction for unnatural offence despite expungement of child's testimony and medical report, relying on credible circumstantial evidence.
Criminal law – Unnatural offence (sodomy) – Penetration proof – child witness evidence – section 127(2) Evidence Act (promise to tell truth) required and failure to record it renders testimony inadmissible – medical report must be read and explained before admission – delay in arraignment under section 32(1) CPA may be irregular but not necessarily fatal – right to legal representation not automatic; apply for legal aid – credible eyewitness and medical oral evidence can sustain conviction circumstantially.
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3 December 2021 |
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Court permits rectification of a defective decree and adjourns the appeal, requiring an amended decree within 60 days.
Civil Procedure – Decree must agree with judgment – Order XXIII Rule 6(1) CPD – Defective decree in record of appeal – effect on competency of appeal – overriding objective (Appellate Jurisdiction Act ss.3A,3B) – leave to seek amendment of decree – supplementary record of appeal – Rule 38A(1) Court of Appeal Rules.
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3 December 2021 |
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Acceptance of compensation and failure to use statutory remedy estop a former owner from reclaiming title; appeal dismissed with costs.
Acquisition of property – effect of acquisition under Acquisition of Buildings Act 1971 – vesting in Registrar; Compensation – acceptance, mode and effect; Estoppel/election – accepting compensation and paying rent bars later claim to title; Statutory remedy – Appeals Tribunal for disputes on compensation and failure to invoke it; Pleadings – constitutional challenge must be pleaded; Evidence – proper evaluation by trial court.
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3 December 2021 |
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Nullification of irregular duplicate titles leaves land with original joint purchasers; subdivision and re-registration require joinder of non-parties.
Land law — competing titles — irregular registration and duplicate certificates — nullification of titles where original joint owners did not approve transfer; procedure — re-surveying, subdivision and registration cannot affect non-parties without joinder and hearing; remedy — dismissal of suit where neither claimant has lawful title.
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3 December 2021 |
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Admission of killing; malice aforethought proved by weapon, head wounds, forceful injuries and post-offence conduct; appeal dismissed.
Criminal law – Murder – Malice aforethought – Factors to infer intent (weapon, force, part of body, number/nature of blows, conduct before and after attack) – Defence of property/self-defence – afterthought and excessive force.
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3 December 2021 |
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Convictions quashed where visual identification was unreliable, the cautioned statement was improperly handled, and possession was unproven.
Criminal law – visual identification – Waziri Amani guidelines; dock identification vs identification parade; cautioned statement admitted but not read aloud – expungement; doctrine of recent possession and requirement of actual possession; failure to call foreign witnesses – adverse inference; burden of proof beyond reasonable doubt.
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3 December 2021 |
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Appeal dismissed: tribunal properly identified disputed land; limitation defence raised too late and lacked supporting evidence.
Land law – identification of disputed land – variance in boundary descriptions does not preclude determination where parties plainly dispute same parcel; Evidence – documentary allocation (temporary permit and receipt) vs. sale agreement bearing a different name; Limitation – plea of time-bar must be pleaded and supported by material evidence and cannot be raised for first time on second appeal; Appeal – concurrent findings of fact entitled to deference absent compelling reason to disturb.
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3 December 2021 |
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Omission to sign witness testimony rendered evidence unauthentic; conviction quashed and appellant released.
* Criminal procedure – Evidence authenticity – Requirement under section 210(1)(a) CPA that trial Judge sign record after each witness’s testimony – omission vitiates evidence.
* Applicability – Section 210(1)(a) CPA applies to High Court trials.
* Remedies – Use of revisional powers under section 4(2) AJA to nullify proceedings, quash conviction and set aside sentence; retrial only where interests of justice require (Fatehali Manji).
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2 December 2021 |
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Appeal dismissed: procedural signature omission and lack of voire dire were not fatal; evidence and corroboration proved the applicant's guilt.
Criminal law – Grave sexual abuse – Elements: use of body part for sexual gratification and lack of consent; Evidence Act s.127 (post-2016) – child of tender years must promise to tell the truth; Criminal Procedure Act s.210(1)(a) – signing of proceedings; omission curable if authenticity and lack of prejudice shown; corroboration and admission as proof of guilt.
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2 December 2021 |
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Credible complainant testimony can prove rape despite an unread medical report; PF3 expunged and appeal dismissed.
* Criminal law – Sexual offences: rape – conviction may rest on credible victim’s testimony even without medical corroboration. * Evidence – medical report (PF3) admitted but not read out: exhibit expunged; medical evidence corroborative not mandatory. * Evidence – competence and credibility of elderly complainant: no special warning or corroboration required if testimony is consistent. * Legal aid – entitlement not automatic; accused must claim indigence/apply to certifying authority. * Appellate jurisdiction – Court will not entertain new factual grounds not raised and decided below. * Criminal procedure – alibi raised without prior notice may be disregarded.
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2 December 2021 |
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Reporting alleged death threats amid a workplace dispute was reasonable, not malicious, so the applicants' malicious prosecution claim failed.
• Malicious prosecution – elements – malice as mala animus (ill-will) and requirement to prove improper motive; • Reasonable and probable cause – standard from Hicks v. Faulkner applied; • Employer liability for prosecution – need for evidence that employer instigated prosecution; • Criminal complaint by alleged victim – reporting to police may be reasonable amid credible threat or workplace intimidation.
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2 December 2021 |
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Omission of judge's signatures on witness evidence rendered the conviction unsafe; conviction quashed and no retrial ordered.
Appellate procedure — Trial judge's signatures on witness statements — Absence renders recorded evidence suspect; Evidence — identification and chain of custody of exhibit (mobile phone) — serial number, markings and retrieval contradictions; Remedy — revisional quashing of conviction and refusal to order retrial where prosecution case is materially deficient.
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2 December 2021 |
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Failure to serve respondents with a written request for certified proceedings renders the appeal time-barred and incompetent.
Appeal — Time limits — Rule 90(1) and (3) of the Tanzania Court of Appeal Rules — Requirement to serve written application for certified High Court proceedings on respondents — Failure to serve prevents reliance on Registrar’s time-exclusion certificate — Appeal filed out of time is incompetent and must be struck out.
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2 December 2021 |
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Filing a fresh identical application while appealing the order that struck out the original is forum shopping; correct remedy is striking out, not dismissal.
* Civil procedure – Abuse of court process and forum shopping – Filing fresh proceedings while appealing earlier ruling – propriety and remedy.
* Civil procedure – Jurisdiction and functus officio – Whether a court can entertain a subsequent application after a notice of appeal is lodged.
* Civil procedure – Nullity, dismissal and striking out – Appropriate remedy where an application is found to be unprocedural or a nullity (strike out under section 95).
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2 December 2021 |
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Omission of the trial magistrate's required signatures rendered the proceedings a nullity; conviction quashed and retrial ordered.
* Criminal procedure – recording of evidence – requirement that magistrate append signature after recording each witness’s evidence – section 210(1)(a) CPA; * Procedural irregularity – omission to sign renders proceedings unauthentic and a nullity; * Appellate jurisdiction – power under section 4(2) AJA to nullify proceedings, quash conviction and set aside sentence; * Retrial – principles governing ordering of retrial (Fatehali Manji) and assessment of whether prosecution evidence is sufficiently strong or susceptible to cure on retrial.
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2 December 2021 |
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A preliminary objection on competence must be decided before merits; failure to do so nullifies the judgment and warrants remittal.
Appeal — preliminary objection — competence — defective decree; procedure — preliminary points on competence must be decided before merits; failure to determine objection vitiates judgment; remittal to first appellate court for determination.
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2 December 2021 |
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Omission of the trial judge’s signature on each witness’s testimony vitiates proceedings and warrants nullification and retrial.
Civil procedure — Evidence — Mandatory requirement for judge’s signature at end of each witness’s testimony (Order XVIII r.5 CPC; s.210 CPA) — Omission vitiates proceedings — Authenticity and veracity of court record — Revisional powers (s.4(2) AJA) — Nullification, quashment and remittal for retrial.
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1 December 2021 |
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Whether time to obtain appeal records should be excluded under s.379(1)(b) CPA is a factual issue requiring documentary proof.
Criminal procedure – computation of time for filing DPP appeals under s.379(1)(b) CPA – exclusion of time to obtain copies of proceedings is a factual matter requiring proof; preliminary objections based on limitation demand documentary evidence; s.59(1)(d) Evidence Act not applicable to taking judicial notice of documents in other proceedings.
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1 December 2021 |