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Citation
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Judgment date
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| December 2021 |
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Appellate court held that a prima facie case of corrupt solicitation and receipt existed and remitted the case for the respondent’s defence.
Criminal law – prima facie case – section 263(1) CPA – test per Ramanlal Trambaklal Bhatt; Corruption offences – soliciting and receiving benefit – sections 36(3)(a) and 61 ZACECA; Jurisdiction – High Court’s original jurisdiction under section 73 ZACECA; Procedure – improper weighing of credibility at no‑case stage.
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1 December 2021 |
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A judge's decision on a suo motu legal issue without hearing parties violates the right to be heard and vitiates the judgment.
Criminal procedure — audi alteram partem — judge raising legal issue suo motu during judgment composition without hearing parties — violation of right to be heard renders judgment nullity — remedy: quash, set aside orders and remit for rehearing by another judge; bail pending appeal not available where notice of appeal has ceased.
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1 December 2021 |
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High Court’s suo motu legal finding without hearing parties vitiated its judgment; appeal remitted and appellant remitted to custody.
Criminal law – forgery; Procedural fairness – right to be heard (audi alteram partem); Appellate procedure – raising legal issues suo motu; Remedy – nullification and remittal; Bail pending appeal – jurisdiction where notice of appeal has ceased.
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1 December 2021 |
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Deferring reasons for trials-within-trial and delivering them before assessors prejudiced appellants; retrial ordered.
* Criminal procedure – trial within a trial – admissibility of cautioned statements – requirement that assessors retire and ruling be given before main trial proceeds; * Procedural irregularity – deferral of reasons and delivering them in assessors’ presence – potential prejudice to defence and prosecution; * Revisional powers – nullification of proceedings, quashing convictions and ordering retrial.
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1 December 2021 |
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Court dismisses appeal: eyewitness identification under electric lighting was reliable; late alibi and arrest delay did not create reasonable doubt.
* Criminal law – Armed robbery – Visual identification – Waziri Amani principles – requirements for watertight identification. * Criminal procedure – Alibi raised late – sections 194(4),(5),(6) CPA – discretionary weight. * Criminal procedure – Delay in arrest – effect on prosecution case. * Evidence – Minor inconsistencies and typographical errors not material to conviction.
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1 December 2021 |
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Illegal warrantless search and unread seizure certificate led to acquittal for unlawful ammunition possession.
Criminal law – unlawful possession of ammunition; admissibility of seizure certificate – must be read aloud after admission; searches – warrant required unless emergency; evidence obtained in illegal search expunged; doctrine of recent possession applicable only where property is recently stolen and identified; jurisdiction under Economic and Organized Crime Control Act – consent valid if referent to charged provisions.
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1 December 2021 |
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Minor procedural defects did not vitiate the rape conviction; prosecution proved penetration and age; appeal dismissed.
* Criminal procedure — section 210(3) Criminal Procedure Act — witnesses’ right to have recorded evidence read over; omission curable under section 388 where no prejudice shown.
* Criminal law — rape — essential elements: penetration and age of victim — victim’s testimony and medical report corroboration.
* Evidence — discrepancies and contradictions — assess whether they go to the root of the case; minor inconsistencies do not necessarily vitiate conviction.
* Defence — alibi — requirement to give prior notice under section 194(4) CPA and burden to establish alibi; failure to do so reduces its weight.
* Appellate review — duty to re-evaluate defence where lower courts failed to consider it; Court may step into appellate court’s shoes.
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1 December 2021 |
| November 2021 |
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Appeal struck out where mandatory High Court leave was granted only against one respondent, rendering the appeal incompetent.
Land disputes — Requirement of leave under s.47(1) Land Disputes Courts Act — Leave granted only against one respondent while appeal filed against two — Competence of appeal; Amendment of record under Rule 111; Court’s revisional powers — Incompetent appeal to be struck out.
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30 November 2021 |
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Appeal struck out as time-barred where requester failed to serve the letter for certified copies per Rule 90(3).
* Civil procedure – Appeal time limits – Rule 90 of the Court of Appeal Rules – effect of failure to serve the letter requesting certified copies under Rule 90(3) – certificate of delay invalid; * Competency of appeal – omission in record (Drawn Order) v. time bar – remedies; * Procedural remedies – strike out vs dismissal; costs order.
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30 November 2021 |
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Child witness's evidence admitted without statutory promise was expunged; remaining evidence insufficient, conviction quashed and appellant acquitted.
Criminal law – sexual offences – evidence of child of tender age – non‑compliance with s.127(2) Evidence Act (failure to promise to tell the truth) – expungement of evidence; sufficiency of remaining evidence in sexual offences; appellate jurisdiction – inadmissibility of new factual grounds on second appeal.
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30 November 2021 |
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Credible child-victim evidence and corroboration upheld unnatural offence conviction despite excluded confession.
* Criminal law – Unnatural offence – conviction based on child-victim’s testimony and corroboration
* Evidence – child witness competence and procedure (voir dire; promise-to-tell-truth amendment effective 8 July 2016)
* Evidence – cautioned statement admissibility and voluntariness inquiry
* Criminal procedure – pre-arraignment detention/production to court (section 32 CPA)
* Identification – failure to hold identification parade where witnesses knew accused
* Sentencing/judgment formalities – omission to restate statutory provisions curable under CPA
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30 November 2021 |
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Conviction quashed where victim’s hostile-witness procedure was irregular and a retracted confession lacked independent corroboration.
Criminal law – burden of proof beyond reasonable doubt; hostile witness procedure (s.163 Law of Evidence) – failure to follow procedure renders subsequent testimony inadmissible; retracted cautioned statement – requires independent corroboration before it can sustain conviction; appellate re-evaluation of evidence.
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30 November 2021 |
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Extra‑judicial statement improperly admitted amid signs of torture; without it circumstantial evidence was insufficient and conviction quashed.
Criminal law – admissibility of extra-judicial/confessional statements – compliance with Chief Justice’s Guide and appointment/venue requirements for Justices of the Peace; evidence of torture/visible injuries – burden to prove voluntariness rests on prosecution; circumstantial evidence – sufficiency and requirement to call key witnesses (child who shared scene).
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29 November 2021 |
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Appellant failed to prove defamation on balance of probabilities; trial judge properly decided only the dispositive issue; appeal dismissed.
Defamation — burden and standard of proof (preponderance of probabilities); interdependent issues — trial judge may decide dispositive issue only; necessity of corroborative evidence (documentary/audio) for alleged radio broadcasts; obiter judicial remarks non-prejudicial if outcome unaffected; appellate courts cannot decide complaints (e.g., bias) not raised below.
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29 November 2021 |
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Extension of time refused where alleged illegality was not apparent and the application was an abuse of process.
Civil procedure – extension of time – illegality may constitute sufficient cause but must be apparent on the face of the record and of sufficient importance; repetitive applications – abuse of court process – dismissal with costs; authorities: Principal Secretary v Devram Valambia; Lyamuya Construction Co. Ltd.
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29 November 2021 |
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Failure to file supplementary record with a certificate of delay within ordered time renders the appeal incompetent and time-barred.
Civil procedure — Court of Appeal Rules, 2009 — Rule 90(1) (certificate of delay) and Rule 96(7)–(8) (supplementary record) — omission of essential documents — defects in record may be cured once — Registrar’s power to exclude time limited to pre-filing stage — failure to file certificate renders appeal incompetent/time-barred.
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29 November 2021 |
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Eyewitness identification and rejection of an insubstantial alibi supported affirmation of the murder conviction and death sentence.
Criminal law – Murder – Eyewitness identification and credibility; alibi evidence – sufficiency and assessment; contradictions and minor inconsistencies; proof of malice aforethought; appellate re-evaluation of factual findings.
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29 November 2021 |
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Appellate court upheld incest conviction, finding victim's credible testimony and sufficient corroboration; appeal dismissed.
* Criminal law – Sexual offences – Incest by male (Penal Code); victim's testimony as crucial evidence in sexual offences – applicability of section 127(6) Evidence Act and Selemani Makumba principle. * Evidence – Corroboration by family witnesses and medical report; medical evidence admissible to show intercourse but not exact timing. * Criminal procedure – Contents of judgment – compliance with section 312(1) CPA. * Appeal – Second appeal limited to points of law; Court may reassess shortcomings of appellate review where necessary.
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26 November 2021 |
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A charge omitting the essential element of being armed in armed robbery is fatally defective and renders trial a nullity.
* Criminal law – Armed robbery – Section 287A Penal Code – Essential ingredients include stealing, being armed, and use or threat of violence – charge must allege all ingredients. * Criminal Procedure – Charge drafting – Sections 132 & 135 CPA – omission of material ingredient renders charge fatally defective. * Evidence – Defect in charge cannot be cured where prosecution evidence does not establish omitted ingredient. * Appeals – Second appellate court may decide point of law not addressed by first appellate court.
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26 November 2021 |
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Applicant failed to show good cause for extension of time; unexplained delays and lack of diligence led to dismissal with costs.
Extension of time – Rules 10 and 90(1) – requirement to account for each day of delay – diligence v. sloppiness – ignorance of law or lack of guidance not good cause – relevant authorities: Lyamuya, Bushiri, Airtel, Farida F. Mbarak, Laureno Mseya.
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26 November 2021 |
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Failure to direct assessors on provocation vitiated the trial; conviction and sentence quashed and fresh summing up and judgment ordered.
* Criminal law – Trial with the aid of assessors (s.265 CPA) – Trial judge must explain vital points of law to assessors at summing up, including defences such as provocation. * Failure to direct assessors on a vital point of law vitiates the trial. * Appellate/revisional jurisdiction (s.4(2) AJA) – quashing conviction and sentence; nullifying summing up and directing fresh summing up and judgment as appropriate remedy when retrial would impede justice.
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25 November 2021 |
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Failure to involve assessors and to explain a vital legal principle vitiated the trial, prompting quashal and retrial.
* Criminal procedure — Role of assessors — Trials before the High Court must be with the aid of assessors; assessors must be given opportunity to question witnesses (s.177 Evidence Act; s.265 CPA).
* Criminal procedure — Summing up — Trial judge must direct assessors on all vital points of law, including principles relied on in circumstantial cases (e.g. 'last person to be seen').
* Criminal procedure — Failure to involve assessors or explain vital law vitiates trial and renders proceedings a nullity; retrial before a different judge with fresh assessors is the appropriate remedy.
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25 November 2021 |
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Court upheld conviction for drug trafficking: summing up, CCTV, ownership, emergent search and chain of custody were satisfactory.
Criminal law – narcotic drugs trafficking – ownership of seized luggage; evidence – summing up to assessors – sufficiency; admissibility of CCTV evidence; adverse inference for non-production of witness; seizure certificate – emergent search under s.42 CPA; chain of custody – weight discrepancy and expert evidence.
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23 November 2021 |
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A winding‑up petition does not automatically preclude arbitration of an underlying contractual dispute between the applicant and the respondent.
* Companies Act s.275 – High Court exclusive jurisdiction to wind up companies – does not bar stay pending arbitration of underlying disputes.
* Arbitration – enforceability of arbitration agreement after presentation of winding up petition – distinction between referring winding-up itself and referring discrete contractual issues.
* Companies Act ss.283–286 – do not prohibit stay of winding-up proceedings to permit arbitration of specific disputes.
* Procedure – application for stay of winding-up pending arbitration is competent where it does not purport to transfer winding-up jurisdiction to arbitrators.
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23 November 2021 |
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Appeal for bail struck out as moot after DPP withdrew the money‑laundering count; substantive legal issue left undecided.
Criminal procedure — Bail — Money laundering — interplay between EOCCA and Criminal Procedure Act s.148(5)(a)(v); Mootness — nolle prosequi — appeal overtaken by events — appeal struck out.
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22 November 2021 |
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Court granted 60‑day extension to lodge supplementary record where Registrar’s failure to supply documents caused delay.
Court of Appeal – Procedural law – Supplementary record of appeal – Rule 96(7) leave to file supplementary record – Rule 96(8) prohibition on further similar leave – Rule 4(2)(a) power to give directions where Rules silent – extension of time where Registrar failed to supply required documents – interest of justice.
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22 November 2021 |
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Court quashed High Court ruling for denying opportunity to tender newly discovered evidence and failing to assess due diligence.
* Revision – competence where no right of appeal (Order XLII Rule 7(1) CPC) – s.4(3) AJA invoked. * Review – discovered new and important evidence – conditions: evidence, due diligence, timing. * Right to be heard – trial court must admit/consider new evidence before finding lack of due diligence. * Failure to hear new evidence – irregularity warranting revision.
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22 November 2021 |
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Forgery, uttering and obtaining proved by expert evidence and confession; money‑laundering sustained as dealing in predicate proceeds; restitution and sentences adjusted.
Criminal law – forgery and related offences – handwriting expert and cautioned statement as corroborative proof; electronic bank documents – admissibility under Evidence Act and Electronic Transactions Act; procedural irregularities (plea recording, reading exhibits, s.210(3), s.231 CPA) curable if no prejudice; money laundering under AMLA s.12(a) sustainable by dealing in proceeds of a predicate offence; restitution corrected to proven sum; sentencing adjustments and concurrency principles.
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22 November 2021 |
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A DPP certificate under s.12(3) cannot validly transfer combined economic and non-economic offences to a subordinate court.
EOCCA — s.12(3) v s.12(4) — Transfer of cases to subordinate courts — Combined economic and non-economic offences — Jurisdictional certificate — Trial nullity — Conviction quashed — Retrial ordered.
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19 November 2021 |
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An appeal filed without required leave under s.5(1)(c) AJA is incompetent and was struck out, with no costs.
Appellate Jurisdiction Act s.5(1)(c) – leave required for appeals not within s.5(1)(a) or (b); incompetence and striking out for failure to obtain leave; refusal of extension of time treated as an "other" order requiring leave; labour-origin disputes — no costs ordered.
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17 November 2021 |
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Appellant failed to prove alleged outstanding purchase balance; appeal dismissed for lack of evidence.
Sale of goods – verbal hire-purchase agreement; burden of proof in civil cases – party who alleges must prove on balance of probabilities; contradictions in pleadings and evidence affecting credibility; requirement for documentary proof of payments (receipts).
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16 November 2021 |
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A suit instituted in the name of a deceased person is a nullity and must be struck out; O. XXII r.3 inapplicable.
Civil procedure – Suit filed in the name of a dead person – Suit is a nullity ab initio; O. XXII r.3 CPC applies only where death occurs after institution of suit – Substitution of legal representative and amendment cannot validate a suit instituted in dead person's name – Remedy is striking out.
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16 November 2021 |
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Contract clause auto-extended the sale agreement; documentary evidence proved unpaid deliveries, but general damages were unsupported and set aside.
* Commercial law – Sale of goods – Contract clause providing automatic extension – effect of failure to give written notice to terminate. * Evidence – Admission of commercial documents – marking/annexure under Commercial Division Rules not a precondition to admissibility. * Contract liability – liability under section 70 Law of Contract Act for benefits received. * Remedies – award of general damages must be pleaded and supported by evidence. * Negotiable instruments – cheque issued in commercial dealings as payment/guarantee; return for insufficiency does not negate underlying liability.
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16 November 2021 |
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Stay of execution granted pending appeal, conditional on a TZS 75,000,000 bank guarantee.
Stay of execution — Requirements under Court of Appeal Rules 11(4),(5) and (7) — timeliness, substantial and irreparable loss, security for due performance — firm undertaking to furnish security may suffice — annexing notice of appeal, decree, judgment and notice of execution.
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16 November 2021 |
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Non-joinder of the Permanent Secretary rendered the appellant's suit unmaintainable; an executive agency is suable in its own name only in contract.
* Civil procedure – Executive agencies – Tanzania Building Agency (TBA) suable in its own name only in contract – where no contract exists, Government Proceedings Act procedure applies and Ministry/Attorney General must be joined.
* Civil procedure – Joinder of parties – Necessary party (Permanent Secretary, Ministry of Works) must be joined where proprietary rights are affected and an effective decree cannot be passed otherwise.
* Remedy – Non-joinder of necessary government party renders suit unmaintainable; appropriate remedy can be setting aside proceedings and ordering retrial after joining necessary parties.
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15 November 2021 |
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Whether a bank may enforce an unperfected mortgage or withhold title/funds where the borrower validly rescinds the mortgage finance facility.
* Banking law – mortgage finance – perfection/registration of mortgage – rescission of unperfected facility and effect on enforcement rights
* Banking law – set-off and wrongful debits – bank's duty to follow customer instructions and limits on unilateral set-off during dispute
* Civil evidence – standard of proof required to establish fraud in civil proceedings
* Remedies – declaratory reliefs, refund of wrongfully withheld funds, release of title; limits on unpleaded general damages
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15 November 2021 |
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Failure to decide a framed issue and non-joinder of the Government vitiated the High Court judgment; matter remitted for rehearing.
Civil procedure – Framing and determination of issues – Duty of trial court to decide every issue framed; omission vitiates judgment. Civil procedure – Necessary parties and joinder – Government as necessary party where ownership derives from Government acquisition and compensation; court may order joinder under Order I r.10(2). Land law – Acquisition and compensation – Questions of lawful acquisition and compensation require Government’s participation despite existence of certificates of title.
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15 November 2021 |
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The applicant’s review was dismissed for failing to show a manifest error or lack of jurisdiction; the complaints were merits issues, not reviewable.
* Civil procedure — Review under Rule 66(1) — Scope limited to manifest errors on face of record, deprivation of hearing, nullity, lack of jurisdiction, or fraud. * Jurisdiction — Preliminary objections — Trial court’s determination of jurisdictional preliminary objections may be examined on record for manifest error. * Review v Appeal — Merits-based grounds (appeal grounds) are not appropriate bases for review. * Mortgage enforcement — Whether separate mortgages require separate statutory notices is a merits/appeal issue, not a review ground.
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15 November 2021 |
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Appellant’s conviction and life sentence for rape of a three-year-old upheld; child’s unsworn evidence and medical corroboration valid.
Criminal law – Rape of a child under ten – Section 131(3) Penal Code – Sentence enhancement; Evidence Act s.127(2) – child of tender age promising to tell the truth; admissibility of documentary exhibits – requirement to read out; corroboration by medical evidence; appellate review of concurrent findings.
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12 November 2021 |
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Lost cargo value fixed by TRA electronic record; special damages reduced, general damages reduced, interest denied.
Commercial law – lost cargo in custodia legis – special damages must be specifically pleaded and proved; invoice is not proof of payment; electronic records admissible and authentic under Electronic Transactions Act (TANCIS); assessment of general damages; pleading and proof required for interest.
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11 November 2021 |
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Identification by familiar witnesses under adequate lighting satisfied Waziri Amani criteria; appeal dismissed.
* Criminal law – Identification evidence – Visual identification under artificial (fluorescent) lighting – Application of Waziri Amani factors (time, distance, lighting, prior knowledge) – Caution against mistaken identity but conviction permissible if threshold met.
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11 November 2021 |
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Strike-out granted where respondents failed to diligently collect appeal records; notice of appeal struck out with costs.
Civil procedure — Notice of appeal — Striking out for failure to take essential step (Rule 89(2)) — Appeal time limits and exclusion (Rule 90(1)) — Request and collection of certified copies — Diligence of appellant/advocate — Authenticity of court records and identity of parties/caption.
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11 November 2021 |
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Whether a guilty plea is unequivocal where the prosecution merely restates particulars, rendering conviction a nullity.
* Criminal procedure – Plea of guilty – Equivocal plea – prosecution must audibly and adequately narrate facts disclosing all elements of the offence after a guilty plea. * Plea validity – Conditions from Michael Adrian Chaki v. R must be conjunctively satisfied for an unequivocal plea. * Conviction based on equivocal plea – nullity; conviction, sentence and appellate judgment quashed. * Remedy – Record remitted for fresh trial; time in custody to be credited if reconvicted.
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11 November 2021 |
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Review dismissed: alleged errors required re-assessment of evidence and were not manifest on the face of the record.
* Review jurisdiction – Rule 66(1)(a) Court of Appeal Rules 2009 – manifest error on the face of the record – miscarriage of justice required.
* Limits of review – review is exceptional and not a substitute for appeal; cannot re-assess evidence or re-open appeals.
* Civil procedure – allegations of double allocation and transmission of revocation notice require evidentiary re-evaluation and are not self-evident errors.
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11 November 2021 |
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Nighttime identification defects and absent proof of penetration defeated the prosecution’s rape case; conviction quashed.
Criminal law — visual identification (Waziri Amani factors) — night identification unreliable without source/intensity of light; Rape — requirement to prove penetration (medical or credible witness evidence); Evidence — proper admission and read-over of exhibits (sketch map); Burden of proof — prosecution must prove guilt beyond reasonable doubt.
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9 November 2021 |
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Appellant must serve the co-judgment debtor with the record of appeal under the Court of Appeal Rules to protect his right to be heard.
Civil procedure — Appeal — Service of notice, memorandum and record of appeal — Rule 84(1) and Rule 97(1)-(2) Court of Appeal Rules, 2009 — Rights of co-judgment debtor entitled to appeal — Joining or serving absent parties to avoid being condemned unheard and multiplicity of appeals.
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8 November 2021 |
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Denial of the right to be heard vitiates land tribunal proceedings and mandates a de novo retrial.
Land law; natural justice; constitutional right to be heard (Art.13(6)(a)); proceedings condemning parties unheard are a nullity; appellate revisional powers; order retrial de novo before DLHT.
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5 November 2021 |
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A ward tribunal improperly constituted (insufficient members, no women) vitiates its proceedings and leads to quashing of later judgments.
Ward Tribunals – Composition and quorum – Mandatory requirement of 4–8 members with at least three women – Failure to meet composition requirements renders proceedings void and divests jurisdiction; consequent quashing of DLHT and High Court decisions; effect of Written Laws (Miscellaneous Amendment) (No. 3) Act, 2021 on retrial.
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5 November 2021 |
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An appeal from a Ward Tribunal is incompetent and struck out if not supported by the required certificate on a point of law.
* Land law – appeals from Ward Tribunal – requirement of certificate on a point of law (s.47(3) Land Disputes Courts Act). * Civil procedure – competence of appeal – compliance with rule 46(1) Tanzania Court of Appeal Rules, 2009. * Procedural timing – inability to cure jurisdictional defect by obtaining certificate after appeal lodged. * Remedy – appeal struck out with costs.
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5 November 2021 |
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Conviction upheld on confession despite flawed reliance on recent possession; sentence reduced and compensation set aside.
* Criminal law – recent possession doctrine – requirements and limitations where accused offers a plausible explanation.
* Evidence – cautioned statement – admissibility despite procedural irregularities and probative value where not objected to.
* Conviction – sufficiency of evidence where confession corroborates other evidence.
* Sentencing – appellate interference where sentence excessive or beyond magistrate's jurisdiction; substitution of lesser term.
* Compensation order – setting aside where circumstances warrant.
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5 November 2021 |