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Citation
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Judgment date
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| September 2021 |
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Montreal Convention limits carrier liability to 1,000 SDRs absent declared value or proven intentional/reckless conduct.
Carriage by air – Montreal Convention 1999 governs international carriage – limits on liability for lost baggage (Article 22)
Baggage – special declaration of interest requires disclosure of value and payment of supplementary sum; labeling (“Handle with Care”) is insufficient. Burden of proof – passenger must prove intentional or reckless conduct by carrier to invoke Article 22(5) exception. Limitation of liability – ignorance of statutory limits or absence of ticket notice does not negate legal limits
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23 September 2021 |
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Conviction quashed due to defective identification despite medical proof of child rape and explained reporting delay.
Criminal law – Rape of a child – proof by complainant’s evidence and medical report (PF3); delay in reporting – threats and caregiver’s hospitalization as plausible explanation; identification of a stranger – necessity of prior description before arrest or identification parade; defective identification – miscarriage of justice and quashing of conviction.
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22 September 2021 |
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Summing up omissions on circumstantial evidence, malice, admissions and alibi rendered the trial a nullity; retrial ordered.
Criminal procedure – Trial with assessors – Duty of trial judge to sum up adequately on vital points of law and fact – Circumstantial evidence: nature and cogency – Ingredients of murder (malice aforethought) – Legal character of oral admissions/confessions – Defence of alibi – Omission to direct assessors renders trial a nullity; retrial ordered.
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22 September 2021 |
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Failure to direct assessors on alibi and repudiated confessions vitiated the trial; retrial ordered.
Criminal procedure – assessors – duty of trial Judge to sum up adequately on all vital points of law; failure is fatal. Criminal evidence – repudiated confessions – nature and conditions in which cautioned and extra-judicial statements may be acted upon. Defence of alibi – duty to direct assessors on its nature and application
Remedy – omission to direct assessors vitiates trial; ordinarily retrial de novo ordered, though limited cases permit only fresh summing-up
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21 September 2021 |
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Failure to substantiate bank delay and to account for each day justified dismissal of the extension application.
Civil procedure — Extension of time under Rule 10 — "Good cause" requires accounting for each day of delay; allegations of third‑party (bank) delay must be supported by affidavit evidence; banker's guarantee filed after deadline cannot be validated without granted extension.
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21 September 2021 |
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The appellant's conviction was quashed due to unexplained reporting delay and doubtful corroborative evidence.
Criminal law – rape of a child; evidence – best evidence principle (s.127(6) Evidence Act); corroboration – circumstantial support by secondary witness; documentary evidence – PF3 inadmissible if not read over; delay in reporting – effect on credibility; medical evidence – timing and probative value; benefit of doubt – acquittal where prosecution fails to exclude reasonable doubt.
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21 September 2021 |
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Appellant granted leave to file supplementary record to cure defective certificate of delay and drawn order within 30 days.
Civil procedure – Certificate of delay – Defective certificate and variance in dates between ruling and drawn order – Whether appeal is incompetent or rectifiable
Rule 96(7)
Court of Appeal Rules – Leave to file supplementary record of appeal to cure procedural defects
Appellate Jurisdiction Act s.3A(1) – Overriding objective and discretion to permit rectification
Precedent – Court follows its more recent decisions where earlier authorities conflict
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21 September 2021 |
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Victim’s direct testimony and medical corroboration sustained rape conviction; appeal dismissed.
Criminal law – Rape – Proof of penetration and identity; victim’s direct testimony corroborated by medical evidence; adverse inference from failure to cross-examine; limits on second appeals for factual matters; no obligation for appellate court to cite statutory provision.
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21 September 2021 |
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Defective charge (omitting sentencing provision) and evidential doubts led to quashing of conviction and release of the appellant.
Criminal procedure – charge particulars – omission to state victim's age and sentencing/punishment provision (s.154(2)) – prejudice to accused – requirement to amend charge under s.234 CPA; Evidence – sexual offences – victim's evidence and medical examination – credibility and corroboration; Failure to call material witness – adverse inference; Revisional jurisdiction – nullification of defective proceedings.
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21 September 2021 |
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The appellant’s conviction upheld; child victim’s uncorroborated testimony valid under s.127(6) of the Evidence Act.
Evidence Act s.127(6) – sexual offences – uncorroborated evidence of a child of tender years may sustain conviction where court records reasons and is satisfied of truthfulness
Admissibility – medical report admitted but not read out; improperly admitted exhibit expunged where oral testimony covered contents and no prejudice shown
Corroboration – not mandatory in sexual offence cases involving child victims. Appellate review – conviction upheld where victim credible and prosecution proved case beyond reasonable doubt
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21 September 2021 |
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Child’s promise to tell truth and medical PF.3 sufficed for conviction in sexual offence against a four-year-old; appeal dismissed.
Evidence Act s.127 – child of tender years may testify after promising to tell the truth; s.127(6) permits conviction on child victim’s evidence alone in sexual offences if credibility assessed and reasons recorded; medical PF.3 as corroboration; non-calling of non-essential witnesses not fatal; appellate review confined to law in second appeals.
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21 September 2021 |
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Emergency search lawful, but defective identification and improperly admitted confessions led to quashing convictions.
Criminal procedure – emergency warrantless entry and search – section 42(1)(b)(i)&(ii) CPA – necessity and reasonable grounds for immediate search
Evidence – caution statements – repudiation by accused – requirement of trial-within-a-trial to determine voluntariness; failure renders statements inadmissible
Evidence – expert identification – positive identification required to prove items are government trophies; mere appearance/guess insufficient
Evidence – documentary exhibits – must be read over to and explained to accused; failure may amount to prejudice and justify expunging. Appellate jurisdiction – Court will not entertain new factual grounds not raised in lower courts
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21 September 2021 |
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Conviction based on recent possession quashed because prosecution failed to prove the stolen phone belonged to the complainant.
Criminal law — Armed robbery — Doctrine of recent possession — Essential requirement to prove recovered property belonged to the complainant (identifying marks/serial numbers or receipt) — Failure to prove identity defeats recent-possession-based conviction.
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20 September 2021 |
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Failure to record victim's evidence in first‑person narrative and to note interpreter use rendered the trial null; retrial ordered.
Criminal procedure – Recording of witness evidence – Section 210(1)(b) CPA – Evidence must be recorded in first‑person narrative not reported speech. Use of interpreter – Court must record why interpreter used and the languages involved
Irregularity – Failure to comply with s.210(1)(b) is a fatal irregularity warranting retrial. Appellate relief – Quashing of conviction and set aside of both trial and appellate judgments; retrial ordered
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20 September 2021 |
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Convictions quashed where armed robbery elements were unproven and recent-possession identification was inadequate.
Criminal law — Armed robbery (s.287A Penal Code) — essential element: use or threat of force must be specifically alleged and proved; Evidence — section 34B statements must comply with procedural safeguards and be read out in court; Recent possession — requires positive identification of property and proof beyond reasonable doubt; Section 231 CPA — duty to inform accused of right to defence after prima facie case; Conspiracy — cannot stand where substantive offence is proven or is unproven making indictment superfluous.
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20 September 2021 |
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Failure to administer oaths and to sign witness testimonies vitiated CMA proceedings, warranting quashment and rehearing.
Labour law — CMA procedure — mandatory administration of oath to witnesses (Rule 25(1) GN No. 67/2007; Oaths and Statutory Declarations Act); requirement for arbitrator's signature to authenticate witness evidence; omissions vitiate proceedings — quashment and remittal for retrial.
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20 September 2021 |
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Child's evidence improperly recorded; identification and age unproven, conviction quashed and proceedings nullified.
Evidence Act s.127(2) – child witness must promise to tell the truth; improper use of voir dire; admissibility and proof of PF3; visual identification on moonlight unreliable; proof of victim's age essential in statutory rape; AJA s.4(2) – nullification and quashing; retrial discretion where prosecution case is materially deficient.
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20 September 2021 |
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Armed robbery conviction quashed for defective particulars, improperly admitted confession, weak identification, and failure to consider defence.
Criminal law – Armed robbery – Particulars of offence must state the person against whom actual violence or threat was directed (section 132 CPA) – Defective particulars incurable
Evidence – Cautioned statement – Objection to voluntariness requires court inquiry before admission; failure is fatal and statement must be expunged
Identification – Ability to name suspect at earliest opportunity essential; unexplained delay in arrest undermines reliability. Criminal procedure – Appellate review; appellate court will not entertain new grounds not raised below except on points of law
Duty – Trial court must consider defence evidence
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20 September 2021 |
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Second appeal dismissed — concurrent findings that appellant possessed elephant tusks affirmed; new grounds not entertained.
Criminal law — Unlawful possession of government trophy — Proof of possession by knowledge and control — Admissibility and expungement of documentary exhibits — Limits on raising new grounds on second appeal — Deference to concurrent findings of fact.
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20 September 2021 |
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Failure to read admitted documentary exhibits to accused vitiated conviction for unlawful possession of government trophies.
Criminal law – Wildlife trophies – Admission of documentary exhibits – Requirement to read and explain exhibits to accused – Failure to do so requires expungement; sufficiency of oral evidence and expert identification; appellate jurisdiction to entertain new factual grounds of appeal.
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17 September 2021 |
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Defective charge omitting essential elements vitiates trial; conviction quashed for failure to fairly inform the accused.
Criminal procedure – Particulars of charge – omission of essential elements (other assailants; person subjected to violence) – requirement to inform accused of nature of offence – sections 132, 135(a)(i) CPA. Curability of defects – limits of section 388(1) CPA and overriding objective – incurable omissions that occasion failure of justice
Evidence – identification and credibility – delayed identification and contradictory witnesses undermine proof beyond reasonable doubt
Appeals – second appeal jurisdiction to re‑examine facts where there are misdirections/non‑directions on evidence
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17 September 2021 |
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Court granted 60-day extension to appeal after applicants showed good cause due to delayed records and certificate issuance.
Civil procedure – extension of time – Rule 10 and 4(2)(b) Court of Appeal Rules 2019 – "good cause" test – factors: length of delay, reasons, diligence, prejudice, arguable illegality – delay due to late supply of certified proceedings and non-issuance of Certificate of Delay – uncontested application.
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17 September 2021 |
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Procedural irregularities and weak identification evidence led the Court to quash conviction and order release.
Criminal procedure – non-involvement of accused in assessor selection and inadequate summing up – breach of sections 265 and 298(1) CPA; admissibility of witnesses not disclosed at committal – breach of section 289 CPA and expunction of evidence; reliability of visual identification; retrial principles (Fatehali Manji) – retrial not ordered where prosecution case patently weak.
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17 September 2021 |
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Failure to comply with assessor procedure and unreliable moonlight identification rendered the trial a nullity; convictions quashed.
Criminal procedure — Participation of assessors — Selection after plea, informing assessors of roles, and giving accused opportunity to object — Failure renders trial a nullity; Evidence — Visual identification at night by moonlight — intensity/conditions must be described and all possibilities of mistaken identity eliminated before reliance.
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17 September 2021 |
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Court upheld rape conviction: PF3 by nurse expunged, nurse’s oral observations admissible as lay evidence, appeal dismissed.
Criminal law – Rape of a child – proof of penetration – victim’s testimony and eyewitness corroboration; Evidence – competency of child witness – proper voir dire; Evidence – medical report prepared by a nurse (not a medical practitioner) expunged; Oral observations by a nurse admissible as lay evidence, not expert opinion; Appellate procedure – new grounds not raised in lower court not entertained.
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17 September 2021 |
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Failure to read admitted documentary exhibits and inadequate expert identification rendered the prosecution's case insufficient.
Criminal law – unlawful possession of government trophies – admissibility and necessity to read admitted documentary exhibits to accused – expungement where not read – sufficiency of oral expert evidence (game warden) to identify and value trophies – new grounds of appeal in second appeal not permissible.
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17 September 2021 |
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Unauthorised alteration of a charge sheet renders it incurably defective; conviction quashed and appellant acquitted.
Criminal procedure – Amendment of charge – section 234(1) & (2)(a) CPA – court order required before altering a charge sheet. Criminal procedure – Form of charge – section 135(a)(ii) CPA – statement of offence must describe offence and refer to statutory section
Appeals – Court of Appeal lacks jurisdiction to consider factual grounds not raised and decided in first appellate court. Defective charge – unauthorised handwritten alterations render charge incurably defective; cannot be cured under section 388 CPA
Remedy – conviction and sentence quashed; proceedings nullified; acquittal and immediate release ordered
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17 September 2021 |
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Appeal allowed: conviction unsafe due to unreliable visual identification and failure to consider the appellant's alibi.
Criminal law – visual and voice identification – reliability where torch light and moonlight alleged; recognition of known person; failure to call material witnesses – adverse inference; alibi – notice under s.194(4) CPA and prosecution's burden to disprove; exhibits – failure to tender weapon vis-à-vis post-mortem evidence of violent death.
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17 September 2021 |
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Conviction overturned where overheard statements and an improperly admitted delayed cautioned statement provided insufficient evidence.
Criminal procedure – admissibility of cautioned statement – section 50 CPA – four-hour rule and section 50(2) exception – requirement for trial-within-a-trial to determine whether statement was made and made voluntarily
Evidence – confession and admission – hearsay/eavesdropped statements by observers outside a room do not amount to confession unless properly elicited and attributed
Identification – visual identification under unfavourable conditions (peeping through window, moving celebrants, limited light) unreliable. Criminal appeal – trial judge reliance on extraneous matters not in evidence – misapprehension of record. Conviction safety – insufficient evidence warrants quashing conviction and sentence
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17 September 2021 |
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Familiarity-based night identification plus recent possession of stolen motorcycle upheld conviction and 30-year sentence.
Criminal law – Identification evidence – visual recognition at night where victim and accused were familiar; factors for reliability (proximity, lighting, duration, naming/pointing). Criminal law – Recent possession – requirements for presumption of guilt where recovered property is positively identified and constitutes the subject of the charge. Evidentiary burden – accused must rebut presumption by credible, corroborated explanation and produce witnesses/documents to support purchase claim
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17 September 2021 |
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A charge lacking particulars of the mode of trafficking is incurably defective and renders the trial a nullity.
Criminal law – Trafficking in narcotic drugs – Particulars of charge must specify conduct constituting "trafficking" – Failure to disclose essential elements renders charge incurably defective and trial a nullity – Evidence may not cure defective charge absent particulars showing mode of trafficking.
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16 September 2021 |
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Non‑compliance with Regulation 19(2) (absence of assessors’ written opinions) vitiated tribunal and High Court decisions and requires retrial.
Land law — Procedural compliance — Assessors’ participation — Regulation 19(2) requires written opinions from assessors present at conclusion of hearing before judgment — Failure to record assessors’ opinions vitiates tribunal proceedings and judgment — High Court decisions emanating from null proceedings are nullified — Retrial before different chairperson and fresh assessors ordered.
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16 September 2021 |
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Respondent voluntarily resigned; constructive dismissal not proved and appeal allowed.
Employment law – Constructive dismissal – rule 7(1) Code of Good Practice – requirements: (i) employee terminated contract; (ii) continued employment objectively intolerable; (iii) employer caused intolerability; resignation a last resort. Objective test and burden of proof on employee to show intolerability and exhaustion of internal remedies. Procedural issue: mediator acting as arbitrator/proper referral to arbitration (raised but rendered unnecessary by primary finding)
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16 September 2021 |
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Night-time identification was unsafe; convictions quashed and death sentences set aside due to unreliable eyewitness evidence.
Criminal law – Visual identification at night – reliability and safeguards; extraneous facts in judgment – misapprehension v. incurable irregularity; last-seen doctrine – applicability only where identity established; proof beyond reasonable doubt required.
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16 September 2021 |
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Convictions quashed where key witness evidence was inadmissible, cautioned statements unlawfully obtained, and identification unreliable.
Criminal law — admissibility of evidence — calling witness at trial whose statement was not read at committal — requirement of written notice; Evidence — unsworn testimony — witnesses must be sworn or affirmed; Criminal Procedure — cautioned statements — statutory four-hour basic period and extensions; Identification — visual ID must be watertight given circumstances; Failure to tender material exhibit (vehicle) may weaken prosecution case; Standard of proof — conviction unsafe if crucial evidence is expunged or unreliable.
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16 September 2021 |
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Failure to explain vital legal points to assessors vitiated the summing‑up; retrial ordered from that stage with appellant remanded.
Criminal law – murder – assessors – requirement to sum up and explain vital points of law (malice aforethought, alibi) to assessors; committal procedure – reading of documentary post‑mortem report can cure omission to list examiner; assessors’ participation and counsel’s response on accused’s behalf may negate prejudice.
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16 September 2021 |
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A claim of absolute immunity from suit requires factual proof; courts must not decide unpleaded issues without affording parties a hearing.
Civil procedure – Preliminary objections – A preliminary objection must raise a pure point of law free of factual dispute; issues requiring evidence or documentary proof cannot be decided at that stage. Evidence and documentary support required to establish claimed absolute privilege/immunity for statements in foreign criminal proceedings and DPAs. Court procedure – A trial court must not decide issues not raised in pleadings or sua sponte without recalling parties, as this infringes the right to a fair hearing
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16 September 2021 |
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Prosecution proved drug trafficking; minor evidential discrepancies immaterial; life sentence under the DCEA upheld, Exhibit P7 expunged.
Criminal law – Narcotics trafficking – proof beyond reasonable doubt; evidence – chain of custody and handling of seized drugs; minor discrepancies (weight, colour, sampling) not fatal; documentary exhibit not read out to court expunged; sentencing – conflict between DCEA and EOCCA resolved by imposing the more severe statutory penalty (life imprisonment).
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14 September 2021 |
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Prosecution proved drug trafficking; minor evidential inconsistencies did not vitiate conviction and life sentence under DCEA upheld.
Criminal law – narcotic drug trafficking – admissibility and chain of custody of seized drugs – minor evidential discrepancies (weight, colour, sampling) – expungement of exhibit not read out – sentencing conflict between DCEA (life imprisonment) and EOCCA (20–30 years): more severe penalty applies.
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14 September 2021 |
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Warrantless, planned search of private premises rendered drug evidence inadmissible; appeal dismissed and acquittal upheld.
Criminal law – Search and seizure – Requirement of search warrant under s.38 Criminal Procedure Act and Police General Order No.226
Evidence – Illegally obtained evidence – Admission and expungement; application of s.169 Criminal Procedure Act
Possession – Actual and constructive possession of premises – evidential burden where premises leased but occupied by third party. Right to privacy and dignity – Protection against warrantless entry into private premises
Precedents – Badiru Musa Hanogi v R; Mbaruku Hamisi & Others; Shabani Said Kindamba v R (warrantless searches and expungement)
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14 September 2021 |
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Failure to comply with Evidence Act s.127(2) when receiving a child’s evidence vitiates the conviction if remaining evidence is insufficient.
Evidence Act s.127(2) – child witness – promise to tell the truth required where evidence given without oath/affirmation – trial court must satisfy itself as to competence before reception of evidence. Child witness evidence – failure to conduct preliminary inquiry/obtain promise renders evidence invalid and may be expunged. Hearsay and medical evidence not directly identifying accused insufficient to sustain conviction once child’s primary evidence is expunged
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14 September 2021 |
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Naming irregularity of respondent (TANAPA vs Trustees) is curable by amendment; supplementary record ordered, no costs.
Civil procedure – preliminary objection – wrong party – change of respondent’s name – statutory entity vs. informal name. Companies/Statutory bodies – capacity to sue and be sued – Trustees of the Tanzania National Parks are the statutory corporate entity under s.8(1)(a). Appellate procedure – incomplete record – leave to file supplementary record under Rule 96(7). Appellate procedure – amendment of pleadings/appeal record – Rule 111 and overriding objective permit curative amendment rather than striking out
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14 September 2021 |
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Failure to record a child’s promise under s.127(2) EA vitiated the evidence and conviction was quashed.
Criminal law — Evidence of child witness — Requirement under amended s.127(2) Evidence Act that child promise to tell truth; failure renders testimony valueless. Criminal procedure — PF3 must be read aloud after admission; non‑compliance may lead to expungement. Criminal procedure — s.210(3) reading of evidence to witness curable under s.388 CPA if no complaint
Identification — Medical evidence of penetration without reliable identification insufficient to prove guilt beyond reasonable doubt
Charge — Incorrect citation curable under s.388 CPA
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14 September 2021 |
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Appeal allowed: convictions quashed due to unreliable identification, inadmissible statements, and unlinked seizure evidence.
Criminal law — Visual identification: rigorous scrutiny required; light, duration, distance, familiarity and naming important; documentary exhibits must be read out in court or be expunged; cautioned and extra-judicial statements require statutory/guideline formalities; seized weapons must be forensically or circumstantially linked to the charged offence; second appeal may intervene where misdirections on evidence produce unsafe convictions.
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14 September 2021 |
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Review application dismissed: applicants failed to identify a manifest error and effectively advanced a disguised appeal.
Review — Rule 66(1)(a) Court of Appeal Rules 2019 — manifest error on face of record — disguised appeal — visual identification — recent possession — admissibility of exhibits and seizure procedures — finality of judgment.
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14 September 2021 |
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Review under Rule 66(1) is exceptional; applicant failed to show a manifest error and sought a disguised re‑hearing, so application dismissed.
Criminal procedure — Review under Rule 66(1) — Scope limited to plain, obvious and substantial errors on the face of the record causing injustice. Procedural law — Review is exceptional; not a vehicle for re‑hearing a finally determined appeal. Charge sheet defects — Allegations must show a patent error that occasioned injustice to succeed on review
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14 September 2021 |
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Preliminary‑hearing admission of postmortem reports was improper; convictions upheld but omnibus death sentence corrected to one count.
Criminal law — admissibility of postmortem reports at preliminary hearing — right to have medical officer for cross‑examination (s.291(3) CPA); Electronic evidence — admissibility of phone printouts and DVDs post‑Electronic Transactions Act; Confessions — delay under s.50(2) CPA, trials within a trial and allegations of torture; Circumstantial and forensic evidence — DNA and electronic corroboration; Assessors — adequacy of summing up; Sentencing — omnibus death sentence invalid, sentence to be imposed on one count only.
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9 September 2021 |
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Voir dire and exhibit irregularities led to expunging child evidence; penetration proved but identity not, conviction quashed.
Criminal law – sexual offences against children – voir dire under s.127(2) TEA – competence of child witness; admission and reading of documents – necessity to read exhibits aloud; proof of penetration vs proof of perpetrator; circumstantial evidence and reliability of single witness.
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9 September 2021 |
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9 September 2021 |
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Appeal partly allowed: one sodomy conviction upheld, the other quashed due to unreliable child evidence.
Criminal procedure – non-compliance with section 9(3) CPA – curable if not prejudicial; Evidence – admitted documents not read out must be expunged; Medical evidence – clinical officer competent to opine on penetration; Child witnesses – compliance with section 127(2) Evidence Act (promise to tell the truth); Credibility – materially inconsistent child testimony may be excluded; Sufficiency of prosecution evidence – identity and penetration must be proved beyond reasonable doubt.
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7 September 2021 |