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Citation
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Judgment date
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| October 2021 |
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Failure to properly substitute and read the charge sheet rendered the appellants' trial a nullity and convictions were quashed.
Criminal procedure — Arraignment — Reading the substance of the charge and taking plea — Mandatory compliance (CPA s.228(1); EOCCA s.28). Substitution of charge sheet — Formal order required (CPA s.234). Validity of DPP consent/certificate — Date anomaly fatal to charge. Revisionary powers (AJA s.4(2)) — Nullification of proceedings; retrial discretionary and may be refused where prejudicial
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25 October 2021 |
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Appellate court nullified lower appeal for failing to consider grounds and quashed convictions for lack of proof of reserve entry.
Appellate procedure – duty of an appellate court to address grounds of appeal – failure to do so attracts revisional remedy under s.4(2) AJA
Evidence – prosecution must prove essential ingredients of wildlife offences, including that accused was within statutory reserve boundaries. Criminal procedure – effect of failure to cross‑examine accused on material defence (alibi) weakens prosecution case
Exhibits – disposal of perishable government trophies and accused's right to be heard when disposal is ordered
Sentencing – minimum terms under amended EOCCA considered but enhancement unnecessary where conviction not sustained
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25 October 2021 |
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Proceedings initiated by an unauthorized estate administrator lacked locus standi and were nullified; matter must be pursued by the proper administrator.
Civil procedure – locus standi – suit by administrator of estate – only person granted probate or letters of administration may sue for or on behalf of deceased (s.71, Probate and Administration Act)
Nullity – proceedings instituted by a person without authority to represent the estate are a nullity and vitiate subsequent appellate proceedings. Appellate jurisdiction – revisional power under s.4(2) AJA to nullify and set aside proceedings and judgments where fundamental procedural defect exists
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25 October 2021 |
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Failure to require a claimant-turned-plaintiff to file a plaint vitiated the interpleader trial; proceedings quashed and remitted.
Interpleader procedure — Order XXXIII Rule 4(3)(b) CPC — obligation to require a claimant made plaintiff to file a plaint — pleadings as precondition to trial — mandatory procedural rules — limitation on overriding-objective principle — revisional powers under section 4(2) AJA to nullify proceedings.
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25 October 2021 |
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Appellate court’s failure to address grounds voided its judgment; convictions quashed for procedural and evidential defects.
Appellate procedure – failure to address grounds of appeal – judgment nullity; AJA s.4(2) revision; National Parks Act amendment — non-existent offence; improper tendering of exhibits by Public Prosecutor; invalid inventory for perishable government trophies; right to fair hearing.
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25 October 2021 |
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Whether the Court could entertain a "second‑bite" extension for leave in land matters given s.47(1) LDC Act.
Land law; jurisdiction; section 47(1) Land Disputes Courts Act; leave to appeal in land matters; "second bite"/extension of time; competence of proceedings; court raising jurisdiction suo motu; costs where issue raised by court.
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22 October 2021 |
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Appellants’ convictions quashed for failure to consider defence and improper destruction of perishable trophy evidence.
Criminal procedure – appellate review – first appellate court’s duty to address grounds in petition of appeal; failure amounts to irregularity and denial of fair hearing – revisional powers under s.4(2) AJA. Criminal law – unlawful entry into game reserve and unlawful possession of government trophies – prosecution must prove essential elements beyond reasonable doubt, including location within reserve
Evidence – duty to evaluate defence evidence on appeal; failure renders conviction unsafe
Evidence/procedure – destruction/inventory of perishable government trophies requires presence/hearing of accused; failure renders exhibit inadmissible
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22 October 2021 |
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A suit founded on consultancy agreements terminated in 2010 was time-barred and a limitation preliminary objection was a pure point of law.
Civil procedure – preliminary objection – limitation – whether plea of limitation is a pure point of law determinable from pleadings (Mukisa test). Limitation law – Law of Limitation Act – item 7 Part I First Schedule – six-year period for contract claims; accrual on termination of consultancy agreements. Contract law – cause of action arising from consultancy agreements – privity and whether claims against non-contracting parties can be treated separately
Jurisdiction – time bar as going to root of court’s authority to entertain suit
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22 October 2021 |
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A High Court transfer order omitting the named magistrate vitiated jurisdiction; conviction quashed due to procedural and evidential defects.
Criminal procedure – Transfer from High Court – Section 256A(1) CPA requires naming the resident magistrate with extended jurisdiction – omission vitiates trial jurisdiction Evidence – Identification at night – necessity to explain source of light and conditions for reliable ID Evidence – Admissibility of post-mortem report – must be properly tendered, produced by maker and read in court Evidence – Unsworn testimony – non-compliance with section 198(1) CPA requires expunging evidence Procedure – Failure to give ruling on case to answer, failure to close defence case, unspecified interpreter, and omission to cite statutory provisions at conviction/sentence – cumulatively prejudicial Remedy – Retrial discretionary; where retrial would allow prosecution to fill evidential gaps and prejudice accused, conviction may be quashed and accused released
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22 October 2021 |
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Transfer order omitting named magistrate vitiated trial; conviction quashed for jurisdictional, evidential and procedural defects.
Criminal procedure – Transfer of case under section 256A(1) CPA – transfer order must name the resident magistrate with extended jurisdiction; omission vitiates trial
Evidence – Admissibility and proper introduction of post-mortem reports; requirement to read exhibits after admission
Evidence – Unsigned/unsworn eyewitness testimony and failure to explain identification conditions at night undermines reliability. Fair trial – Duty to record interpreter’s language, give ruling on a case to answer, and properly close defence; procedural irregularities can nullify proceedings. Revisionary powers – Court may nullify proceedings and quash conviction where jurisdictional and substantive defects make retrial unjust
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22 October 2021 |
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Conviction quashed where identification evidence was unsafe due to inadequate proof of lighting, stressful conditions and witness inconsistencies.
Criminal law – Visual identification and recognition – sufficiency of light and stressful/night-time conditions required to eliminate mistaken identity; Waziri Amani guidelines applied. Criminal procedure – second appeal standard – interference where there is misapprehension of evidence affecting safety of conviction
Credibility – inconsistencies in eyewitness testimony can render identification evidence unsafe
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21 October 2021 |
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Appeal allowed: convictions quashed for lack of jurisdiction and because one charged offence no longer exists under statute.
Criminal law; jurisdiction — EOCCA s.12(3) vs s.12(4) certificates for subordinate courts; statutory construction — NPA s.21 actus reus deleted by amendment; evidential sufficiency — arrest within park boundaries; retrial discretion under Fatehali Manji.
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21 October 2021 |
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Appellate court nullified lower appeal for failure to address grounds, expunged improperly tendered exhibits, and acquitted the appellant.
Criminal procedure — appellate review — first appellate court’s duty to address grounds of appeal; evidence — improper tendering of exhibits by prosecutor; jurisdiction — DPP certificate required before admission of exhibits; failure to consider defence and failure to cross-examine estops prosecution and undermines proof beyond reasonable doubt; invocation of s.4(2) AJA to nullify and re-evaluate appeal.
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21 October 2021 |
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Applicant granted extension to serve 2nd respondent due to human error and prompt remedial action.
Civil procedure — Extension of time under Rule 10 — Requirement to show good cause; factors include promptness, explanation, diligence and prejudice. Service of notice of appeal — Proof of service required; absence of signature on notice defeats proof of service
Evidence — Denials or factual assertions by counsel must be supported by affidavit; oral statements from the bar are insufficient. Human error may constitute good cause where promptly remedied and resulting prejudice is minimal
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21 October 2021 |
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Human error and prompt action on discovery constituted good cause to extend time to serve the notice of appeal.
Civil procedure – Extension of time under Rule 10 – "Good cause" – factors: length and reason for delay, promptness after discovery, prejudice. Proof of service – absence of signed acknowledgment on notice of appeal – human error vs negligence
Evidence – factual denials at the bar require counter-affidavit; court will not act on unsworn statements
Discretion – to be exercised according to rules of reason and justice; focus on substantive justice
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21 October 2021 |
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Failure to state grounds in notice or affidavit justifies refusing extension of time to file a review.
Court of Appeal — Reference against single Justice decision — Extension of time — Rule 10 and Rule 48 require grounds in notice of motion/affidavit — submissions cannot substitute affidavit — mere assertion of 'no undue delay' insufficient — illegality must be apparent on record — ignorance of law not good cause.
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20 October 2021 |
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s40(3) ELRA applies to unfair termination, not demotion; reinstatement order must be executed.
Employment law – Remedies for unfair demotion – Whether section 40(3) ELRA (discretion to pay compensation in lieu of reinstatement) applies only to unfair termination – Deputy Registrar’s invocation of s.40(3) in demotion case held inappropriate – execution confined to reinstatement.
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20 October 2021 |
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The appellant failed to prove a statutory 30m wayleave; demolition was unlawful and respondents were rightly compensated.
Land law – wayleave for water transmission mains; requirement to prove statutory basis and width of wayleave; unlawful demolition and entitlement to compensation; distinction between special and general damages; locus in quo inspections discretionary; appellate review confined to matters raised and decided below.
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18 October 2021 |
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Improper service of a notice of appeal where the advocate did not represent the party in that High Court suit justified striking out the appeal.
Appeal procedure — Service of notice of appeal — Rule 84(1) and (2) Tanzania Court of Appeal Rules — Validity of service on an advocate — Separate suit vs supplementary proceedings — Failure to prosecute appeal — Rule 90(1) — Striking out notice of appeal.
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18 October 2021 |
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Failure to explain assessors’ duties and vital legal points vitiated trial, resulting in quashed conviction and ordered retrial.
Criminal procedure – Assessors — duty of trial judge to explain assessors' role and responsibilities after their selection. Criminal procedure – Summing up — necessity to explain ingredients of offence, chain of custody and treatment of repudiated cautioned statements to assessors
Evidence – Chain of custody — importance in narcotics cases and explanation required for assessors to evaluate tampering. Charge particulars — variance between particulars and evidence; whether defect is fatal or prejudicial
Remedy — partial nullification, quashing conviction and ordering retrial where assessor-related irregularities vitiate proceedings
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18 October 2021 |
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A revision application is incompetent and struck out where an appeal on the same decision is already pending.
Civil procedure – Revision v
Appeal – revisional jurisdiction under section 4(3) AJA not available where right of appeal exists and has been exercised. Abuse of process – concurrent revision and pending appeal causes confusion in administration of justice. Corporate personality – shareholders’ interests ordinarily protected through the company’s appeal; non-parties cannot circumvent appeal process by revision
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18 October 2021 |
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Application to strike out notice of appeal dismissed; review order held final and appealable without leave.
Civil procedure — Review — Order granting review which restores suit for rehearing — Whether interlocutory or final — Bozson test applied; Appealability — Order XLII r.7(1)(c) CPC allows immediate or later appeal; Leave under s.5(1)(c) AJA not required where specific law provides right to appeal; Application to strike out notice of appeal under Rule 89(2) dismissed.
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18 October 2021 |
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Convictions for armed robbery and money laundering upheld where confessions were voluntary and corroborated despite procedural omissions.
Criminal law – armed robbery; money laundering – adequacy of charge particulars under Anti-Money Laundering Act and CPA
Evidence – voluntariness and admissibility of extra-judicial and oral confessions; treatment of repudiated confessions and requirement for corroboration. Appellate procedure – duty to consider defence evidence and Court of Appeal’s power to re-evaluate evidence. Identification evidence – CCTV and witness identification as corroborative, not sole, basis for conviction
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18 October 2021 |
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Appeal dismissed: particulars, exhibits, cautioned statement, confessions and chain of custody found legally sufficient to uphold conviction.
Criminal law – narcotics trafficking – particulars of charge; admissibility of CGC reports and valuation certificates; validity and admissibility of cautioned statements (s.50 CPA); retracted confession corroboration; chain of custody of drug exhibits; minor contradictions not fatal to prosecution.
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15 October 2021 |
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Inadequate summing up and flawed assessor procedure rendered the trial a nullity; convictions quashed and retrial ordered.
Criminal procedure – assessors – mandatory summing up under section 298(1) CPA – omission of vital points (malice aforethought, accessory after the fact, killing in fight, cautioned statement) – assessors’ selection/introductory defects – trial nullity – retrial ordered.
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15 October 2021 |
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A magistrate’s pre-determined finding of guilt at no-case stage vitiates proceedings and mandates retrial.
Criminal procedure — no case to answer — trial magistrate's pre-determination of guilt; bias and denial of fair hearing; miscarriage of justice; proceedings nullified; convictions quashed; retrial ordered; s.4(2) Appellate Jurisdiction Act.
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15 October 2021 |
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Notice of appeal against an interlocutory High Court ruling was struck out as no appeal lies under section 5(2)(d) AJA.
Civil procedure – striking out notice of appeal – Rule 89(2) Court of Appeal Rules – where no appeal lies against interlocutory High Court order.* Appellate jurisdiction – section 5(2)(d) AJA – appeals or revisions not permitted from interlocutory or preliminary orders unless they finally determine the suit.* Revisional jurisdiction – cannot be invoked to circumvent statutory bar on appeals from interlocutory orders absent facts making an appeal otherwise competent.
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13 October 2021 |
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Failure to produce documents for inspection must be willful for dismissal; loan repayment governed by written schedule, not project revenues; interest award partially corrected.
Civil procedure — Order XI r.18 CPC — dismissal for failure to comply with discovery/inspection orders is a last resort requiring willful default; inability to locate documents is not willful
Contract — loan agreements — written repayment schedule controls; repayment not automatically dependent on project revenues absent incorporation of feasibility study into contract
Interest — appellate court may correct interest awards where trial court findings are internally inconsistent
Damages — projected earnings are speculative and treated as general damages; appellate interference limited unless misdirection shown
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13 October 2021 |
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Preliminary objections based on certificate of delay and service dates were factual, not pure points of law, and thus overruled.
Civil procedure – Preliminary objections – Objections based on timeliness and service – Must be pure points of law not requiring evidence. Civil procedure – Rule 90(1) & (5) Court of Appeal Rules – Certificate of delay and Registrar’s duty to notify. Civil procedure – Rule 97(1) – Service of memorandum and record of appeal
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12 October 2021 |
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The appellants’ trafficking convictions upheld; charge defect curable and search, exhibits, and chain of custody found lawful.
Criminal law – Trafficking in narcotic drugs; charge framed under repealed statute curable where re‑enacted identically; emergency search under section 42 CPA; admissibility and chain of custody of seized narcotics; assessors’ participation and duties; section 289 notice for witnesses not listed at committal.
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12 October 2021 |
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Non-parties to probate proceedings may seek revision; procedural defects in attachments can be cured under the overriding objective.
Court of Appeal — Revision vs
Appeal — Non-parties to probate proceedings entitled to seek revision; procedural objections — attachment of documents to affidavit; application of overriding objective; preliminary objections under Rule 107(2)
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12 October 2021 |
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Termination found substantively fair but procedurally unfair; reinstatement unavailable and appeal dismissed.
Employment law – unfair termination – substantive vs procedural fairness; Evidence – electronic investigative report admissibility and authenticity; Disciplinary procedure – employee admissions in minutes; Remedies – reinstatement vs compensation; Pleadings – reliefs limited to prayers in CMA Form No.1; Charges – consistency between charge sheet, notice of hearing and termination letter.
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12 October 2021 |
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An ex parte application for stay of execution without the mandatory security undertaking is incompetent and must be referred for inter partes determination.
Civil procedure — Stay of execution — Ex parte application — Requirement of undertaking to provide security for due performance of decree (Rule 11(5)(b)) — Competence of application — Limitations of single judge’s powers under Rule 11(6) — Amendment by oral submissions not permitted to cure statutory omission.
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12 October 2021 |
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Appeal struck out as time-barred because appellant failed to serve respondent with the application for appeal records.
Court of Appeal Rules — Rule 90(1)-(2) — appeal periods and exclusion of time for Registrar's preparation of records; requirement to serve respondent with written application for copies; preliminary point of objection on limitation; overriding-objective principle (section 3A AJA) cannot override mandatory procedural rules; refusal to permit supplementary record after objection.
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12 October 2021 |
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Failure to serve the rule‑90(3) letter rendered the notice of appeal inoperative; appeal struck out and costs awarded.
Civil procedure – Appeals – Court of Appeal Rules, 2009 – rule 90(1) & (3) and rule 89(2) – requirement to serve copy of letter applying for certified copies – proof of service – effect of non-compliance – leave to appeal does not suspend time to institute appeal – overriding objective cannot cure mandatory procedural non-compliance.
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12 October 2021 |
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Failure to serve respondents with the written application for certified proceedings under rule 90(3) renders an appeal time-barred and incompetent.
Court of Appeal — Civil procedure — Appeal time limits — Rule 90(1) & (3) of the Tanzania Court of Appeal Rules, 2009 — Requirement to serve a copy of the written application for certified proceedings on respondents — Registrar’s certificate of delay — Overriding objective (s.3A AJA) cannot cure mandatory procedural defects; Appeal struck out as incompetent.
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12 October 2021 |
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Unchallenged evidence and policy wording entitled the respondent to indemnity for malicious damage; appeal dismissed.
Insurance law — Fire and Allied Perils policy — coverage for malicious damage vs exclusion for theft/attempted theft — proximate cause — burden of proof on insured to show peril covered by policy — weight of unchallenged evidence and documentary proof — hearsay and non-production of witness — adverse inference.
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12 October 2021 |
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Failure to serve a directly affected party under Rule 84(1) renders an appeal incompetent and liable to be struck out.
Appeal — service of notice of appeal — Rule 84(1) Court of Appeal Rules, 2009 — persons who took part in High Court proceedings and those directly affected must be served — mandatory requirement. "Who seem to him" — judicial interpretation converts apparently permissive wording into an imperative duty when power is coupled with duty. Failure to serve a party adjudged jointly and severally is fatal — appeal rendered incompetent and struck out with costs
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11 October 2021 |
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Strike-out for late appeal fails without proof that Registrar's readiness letter was delivered.
Civil procedure — Striking out notice of appeal for lateness — Proof of service of Registrar's readiness letter — Burden on applicant to prove delivery — Rule 89(2) and interplay with rule 90(5) — Premature application where no proof of notice.
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8 October 2021 |
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Failure to obtain and record assessors' written opinions vitiated the tribunal proceedings and required a rehearing.
Land Disputes Tribunal — assessors’ role — statutory duty to obtain written opinions under section 23(2) Cap.216 and regulation 19(2) — opinions must be in the record and read to parties. Non-compliance with regulation 19(2) — failure to take/record assessors’ opinions vitiates proceedings and is a nullity
Section 45 Cap.216 — does not save a decision where irregularity occasioned miscarriage of justice. Revisionary jurisdiction — s.4(2) Appellate Jurisdiction Act — power to quash and order rehearing before different Chairman and new assessors
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7 October 2021 |
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Failure to follow up requested appeal records after 90 days justified striking out the notice of appeal.
Civil procedure — Appeal — Strike out under rule 89(2) for failure to take essential steps. Court of Appeal Rules, rule 90(4) — duty to follow up and collect requested appeal records after 90 days. Registrar delay does not relieve parties of obligation to be diligent. Insufficiency of documentary proof undermines claim of having taken essential steps
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7 October 2021 |
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Weak night identification and an improperly admitted cautioned statement rendered the appellants' convictions unsafe; appeal allowed.
Criminal law – Identification evidence – Visual identification at night – Application of Waziri Amani guidelines on observation time, distance, lighting, prior acquaintance
Evidence – Confession/cautioned statement – Admissibility – Improper tendering by a witness who testified twice and was recalled without leave; expungement
Appeal – Convictions unsafe where identification and confession evidence are unreliable or improperly admitted – quashing of convictions and release ordered
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7 October 2021 |
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Inadequate summing up to assessors on vital legal points rendered the murder trial a nullity; retrial ordered.
Criminal procedure – summing up to assessors – requirement under section 298(1) CPA – omission to adequately sum up and to direct on vital legal points renders trial a nullity
Assessors – participation – inadequate summing up diminishes meaningful participation; opinions unreliable. Criminal law – vital points: malice aforethought, common intention, visual identification, direct evidence, cautioned statement – must be explained to assessors. Appellate revision – section 4(2) AJA – nullification of proceedings, quashing of conviction and sentence; retrial ordered
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7 October 2021 |
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Applicant’s review amounted to an impermissible re‑appeal; no patent error shown, application dismissed.
Criminal procedure — Review of Court of Appeal decision — Scope of Rule 66(1): confined to manifest error on face of record, denial of hearing, nullity, lack of jurisdiction, or fraud; review limited to the Court's judgment/order, not pre‑trial or trial records; review is not an appeal in disguise.
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6 October 2021 |
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Conviction quashed because child evidence was unreliable, coerced, and the defence was not properly considered.
Criminal law – sexual offences – conviction based on evidence of child of tender age – admissibility under Evidence Act s.127(2) and reliance under s.127(6) (pre-amendment)
Evidence – documentary exhibit (PF3) improperly admitted where not read out and therefore expunged
Evidence – credibility affected by alleged coercion (electric shock) during police interview and by material inconsistencies and omission to call key witnesses. Criminal procedure – failure of trial/appellate courts to consider defence can render conviction unsafe; appellate interference warranted where miscarriage of justice apparent
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6 October 2021 |
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The appellant’s convictions were upheld; PF3 expunged, child’s unsworn testimony corroborated, and sentence for child sexual offence increased to life.
Evidence – documentary exhibits must be read over in court; failure to do so renders the exhibit expunged
Evidence – unsworn evidence of a child witness requires corroboration; oral medical and contemporaneous observational evidence can supply corroboration. Criminal procedure – committal statement provisions (s.289(1) CPA) do not apply to subordinate court trials; calling an unlisted witness in such trials is not automatically barred
Evidence Act s.127(2) – apparent-age witnesses must promise to tell the truth; post-2016 amendments permit promise instead of oath. Appellate jurisdiction – Court may re-evaluate evidence and stand in the High Court’s shoes under revisional powers in appropriate cases
Sentencing – Law of the Child amendments enhance sentences for sexual/unnatural offences against persons under 18 to life imprisonment
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4 October 2021 |
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The applicant's appeal dismissed; child's sworn promise validated testimony and procedural defects were non-prejudicial.
Criminal law – Sexual offences against children – Evidence of child witness – Section 127(2) Evidence Act – Promise to tell truth and admissibility. Criminal procedure – Recording of evidence – Section 210(3) CPA – Non-compliance curable; prejudice required to vitiate proceedings. Criminal procedure – Failure to enter formal conviction before sentencing – treated as cured where judgment clearly finds guilt and sentence follows
Appeals – Second appeal standard – interference only for misdirection or non-direction on facts
Corroboration – Medical evidence and independent witnesses supporting victim’s testimony in sexual offence cases
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4 October 2021 |
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Conviction upheld where credible eyewitness and medical evidence proved sodomy despite victim's mental incapacity.
Criminal law – sexual offence (unnatural offence) – conviction based on eyewitness testimony corroborated by medical evidence where victim mentally ill and did not testify
Evidence – no prescribed number of witnesses (s.143 Evidence Act); credibility and weight determine sufficiency
Procedure – new grounds not raised in first appeal cannot be entertained in second appeal. Appellate review – higher court may step into shoes of first appellate court where defence was not considered
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4 October 2021 |
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A defective certificate of delay was held curable by rectification and filing a supplementary record under the overriding objective.
Commercial appeal — Certificate of delay — Rule 90(1) & (2) Court of Appeal Rules, 2009 — Defective certificate (format, incorrect dates, wrong aggregate days) — Consequences: rectification v striking out — Overriding objective (AJA ss 3A, 3B; Rule 2) — Supplementary record under Rule 96(7) to include correct certificate and missing trial evidence — Adjournment under Rule 38A(1).
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1 October 2021 |
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Conviction for rape quashed due to unreliable victim evidence and procedural failures, including unrecorded demeanour remarks.
Criminal law – Sexual offences – Sole evidence of the victim under section 127(6) Evidence Act – requires thorough scrutiny and not to be treated as gospel truth. Criminal procedure – Duty to record remarks on witness demeanour in proceedings (s.212 Criminal Procedure Act) – remarks cannot be first introduced in judgment
Appeals – Second appeals – Court will not entertain new grounds not argued and decided in first appeal; appellate court may re-evaluate evidence where lower courts failed to consider defence
Evidence – Delay in reporting, lack of medical/DNA tests and inconsistencies may undermine victim’s credibility in rape prosecutions
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1 October 2021 |