|
Citation
|
Judgment date
|
| August 2021 |
|
|
An appeal was struck out as time-barred for failure to lodge within Rule 90(1) and to produce a Registrar's certificate of delay.
Civil procedure — Appeals — Time limits — Rule 90(1) Court of Appeal Rules — Requirement to file memorandum/record within 60 days of notice of appeal — Registrar's certificate of delay as sole ground to exclude time taken to obtain certified copies — Rule 96(7) inapplicable to introduce a non-existent certificate — Overriding objective cannot circumvent mandatory jurisdictional time bar.
|
24 August 2021 |
|
Conviction based on unreliable night-time visual identification was unsafe; appeal allowed and convictions quashed.
Criminal law – Evidence – Visual identification – Application of Waziri Amani benchmarks – Night-time identification from burning structures and motorcycle inadequate without particulars of distance, duration and conditions; familiarity alone insufficient to ground conviction; appellate interference with concurrent findings where identification evidence is demonstrably weak.
|
24 August 2021 |
|
Conviction quashed where inconsistencies, unexplained delay naming suspect and unreliable evidence rendered prosecution case unsafe.
Criminal law – Rape – Credibility of victim – Unexplained delay in naming suspect and contradictions in witnesses’ accounts – Admissibility and reliance on PF3 where not read over to accused – Appellate interference with concurrent findings for unsafe conviction.
|
24 August 2021 |
|
Circumstantial evidence and last‑seen conduct can sustain a murder conviction even without a post‑mortem.
Criminal law – murder – circumstantial evidence – tests for proving guilt by inference; proof of cause of death without post‑mortem; last‑seen and post‑offence conduct as incriminating circumstances; credibility and corroboration of accomplice evidence; re‑hearing on first appeal despite assessors' verdict.
|
24 August 2021 |
|
Conviction quashed where material contradictions, unexplained long delay in arrest and omissions undermined prosecution proof.
Criminal law – Rape – proof beyond reasonable doubt; Evidence Act s.127(7) – child of tender years; Admission of medical report – requirements and availability for cross‑examination; Procedural irregularity – failure to read exhibit; Failure to call investigating/arresting officer or village authority – adverse inference; Amendment of charge‑sheet under CPA s.234(2)(b) – substantial compliance; Second appeal – interference where lower courts misapprehended evidence.
|
24 August 2021 |
|
An appellant's conviction based on evidence from an unlawful warrantless search was quashed for failure to prove the case.
Criminal procedure – Search and seizure – Section 38 CPA requirements (warrant, occupier/owner or near relative, independent witness, receipt) – Emergency search under section 42 CPA not applicable where police had time to obtain warrant – Certificate of seizure obtained in breach of s.38 may be expunged – Doctrine of recent possession – Conviction unsafe if based on evidence from unlawful search.
|
24 August 2021 |
|
Admission of forensic documents without opportunity to cross-examine and failure to properly sum up to assessors vitiated the trial; retrial ordered.
Criminal procedure – admission of medical reports and sketch plans – mandatory compliance with section 291(3) CPA; right to call and cross-examine makers of forensic documents; assessors – mandatory and adequate summing up on vital legal points (identification, common intention, alibi); misdirection/vitiation of trial with assessors; remedy – nullification, quashment and retrial.
|
24 August 2021 |
|
Admission of medical and sketch reports without summons or cross‑examination and inadequate summing up to assessors vitiated the trial; retrial ordered.
Criminal procedure – admission of medical reports – mandatory compliance with section 291(3) CPA – right to summon and cross‑examine maker; Criminal procedure – trials with assessors – mandatory adequate summing up on vital points (identification, common intention, alibi, turned‑prosecution witness) – misdirection/non‑direction vitiates trial; Remedy – nullification of proceedings, quash of conviction and sentence, order for retrial.
|
24 August 2021 |
|
Victim’s credible testimony and medical evidence proved statutory rape; PF3 expunged but magistrate-change irregularity was not prejudicial.
Criminal law – Statutory rape – proof of age, intercourse and penetration; victim’s evidence as best evidence. Evidence – Documentary PF3 must be read in court after admission; failure to read requires expungement. Criminal Procedure – Non-compliance with section 214(1) CPA (change of magistrate without recorded reasons) may be fatal but conviction will only be quashed if material prejudice is shown. Evidence Act s.143 – prosecution’s discretion as to which witnesses to call; failure to call certain witnesses not necessarily fatal.
|
24 August 2021 |
|
Delay in receiving tribunal records can justify an extension of time to file revision if remaining delay is reasonably explained.
Procedural law – Court of Appeal Rules, Rule 10 – extension of time: delay caused by late supply of certified tribunal records can constitute good cause; applicant must account for delay (including days after receipt); short post-supply delay (nine days) held reasonable; no prejudice — extension granted.
|
24 August 2021 |
|
Certificate under wrong EOCCA provision vitiated subordinate court’s jurisdiction; proceedings nullified and appellant released.
Criminal procedure – jurisdiction under EOCCA – distinction between section 12(3) and 12(4) certificates where charge sheet combines economic and non-economic offences – certificate under wrong provision vitiates subordinate court’s jurisdiction. Criminal procedure – nullity of proceedings – consequences of defective certificate – convictions and sentences liable to be quashed. Evidence/procedure – failure to explain/read documentary exhibits to accused; unclear location/boundary of alleged offence; competence of officer issuing trophy evaluation under WCA – relevance to retrial decision. Remedy – retrial versus release – court may refuse retrial where prosecution evidence/process was fatally flawed.
|
24 August 2021 |
|
A duplex charge—conspiracy and stealing improperly joined with armed robbery—rendered the trial unfair; convictions quashed.
Criminal law – duplicity/duplex charge – charging conspiracy where substantive offence committed – stealing as ingredient of armed robbery – amendment of defective charge under s.234(1) CPA – unfair trial due to defective charge and procedural irregularities – quashing convictions.
|
23 August 2021 |
|
Tortured confessions are inadmissible; free admissions plus independent evidence can sustain conviction; under-18s avoid death.
Criminal law – admissibility of confessions – confessions obtained by torture inadmissible and must be expunged. Evidence – trial within a trial, medical (PF3) and JP's observations corroborate torture. Circumstantial evidence and accused's own admission – can sustain conviction absent tainted confessions. Provocation – requirements for loss of self-control; not established. Sentencing – section 26(2) Penal Code; under-18 offenders liable to detention during Presidential Pleasure, not death.
|
23 August 2021 |
|
Defective charge, inadmissible and uncorroborated confessions led to acquittal for the appellants.
Criminal law – defective particulars in charge (date/place) – requirement to amend information; Cautioned statements – recorded out of time – inadmissible absent s.169(2) proof; Oral confessions to sungusungu – coercive context – require corroboration; Failure to produce photographs and DNA may undermine prosecution's case; Doctrine of last-seen person – cannot substitute for proof beyond reasonable doubt when uncorroborated.
|
23 August 2021 |
|
Failure to inform assessors of their roles or allow the applicant to object renders the High Court trial a nullity; retrial ordered.
Criminal procedure – Trials before High Court must be with aid of assessors; duty to select and number assessors; duty to give accused opportunity to object; duty to explain assessors’ roles and record same; failure to comply renders trial a nullity; retrial ordered under revisionary powers.
|
20 August 2021 |
|
An unequivocal guilty plea bars appeal against conviction, but an excessive sentence may be reduced given first-offender mitigation.
Criminal procedure – Plea of guilty – When a reply and subsequent admissions constitute an unequivocal plea – effect under section 360(1) CPA. Appeal procedure – New grounds raised in second appeal – Court will not entertain grounds not raised before first appellate court. Sentencing – Exercise of judicial discretion – need to consider first offender status and statutory option of fine or default custody; interference where discretion miscarried or sentence manifestly excessive.
|
20 August 2021 |
|
Illness may justify condonation but requires clear evidence and explanation of all delay periods; unexplained delay defeats condonation.
Labour law — condonation — extension of time — discretion must be exercised judiciously — illness can be good cause but requires adequate explanation and accounting for each day of delay — laches and need to account for unexplained delay.
|
20 August 2021 |
|
Appellant's murder conviction based on uncorroborated visual identification and inadequate directions to assessors was quashed.
Criminal law – Murder – Visual identification evidence – Credibility and need for corroboration; Assessors – Adequate summing up required on malice aforethought, common intention, corroboration and defence alibi; Procedural irregularity – inadequate directions to assessors may render trial a nullity; Failure to call an available witness – adverse inference.
|
19 August 2021 |
|
Appellant's murder conviction unsafe where circumstantial evidence, witness inconsistencies, and missing material witnesses left reasonable doubt.
Criminal law – Murder – Circumstantial evidence – Standard: must exclude every reasonable hypothesis of innocence – Witness credibility and contradictions – Failure to call material witnesses (investigating officer, alleged accomplice) – Adverse inference – Conviction quashed.
|
19 August 2021 |
|
Subordinate court lacked jurisdiction where EOCCA s12(3) certificate was used for both economic and non-economic offences.
Criminal procedure – Jurisdiction of subordinate courts to try economic offences – EOCCA s.3, s.12(3) and s.12(4) – mixed economic and non-economic offences require certificate under s.12(4). Criminal procedure – Nullity of proceedings – trial under wrong statutory certificate – judgments and sentences liable to be quashed. Evidence – Documentary exhibits – requirement to read documents after admission (Robinson Mwanjisi principle) – failure warrants expungement. Appellate jurisdiction – Revisional powers under AJA s.4(2) – when retrial should be refused to avoid prejudice (Fatehali Manji principle).
|
19 August 2021 |
|
Extension denied: no written request for record and failure to account for days of delay.
Civil procedure – extension of time – Rule 10 of the Court of Appeal Rules – requirement to account for every day of delay. Appeals – Rule 90(1) and (3) – written request for copy of High Court proceedings; exclusion of waiting period. Leave to appeal – prosecution of leave application as ground for delay – computation of delay from date record supplied.
|
19 August 2021 |
|
A divorce petition filed without a Marriage Conciliation Board certificate is incompetent; resulting proceedings are a nullity and quashed.
Matrimonial law – Jurisdiction – Mandatory referral to Marriage Conciliation Board and certificate under section 101 and section 106(2) of the Law of Marriage Act – Petition without statutory certificate is incompetent – Proceedings and judgments founded on such petition are nullity and liable to be quashed.
|
19 August 2021 |
|
Conviction unsafe due to unreliable visual identification; appellants' convictions quashed and sentences set aside.
Criminal law – identification evidence – visual identification must be watertight; witness must describe lighting intensity, distance, duration and conditions – familiarity insufficient where conditions unconducive. Procedural objections under s.289 CPA and admissibility of post-mortem evidence raised but not determined.
|
18 August 2021 |
|
Applicant's asserted illness and unexplained 94-day delay did not justify extension of time to file the appeal.
Civil Procedure – Extension of time under Rule 10 – requirements for exercising discretion – need to account for each day of delay and show how illness caused delay. Limitation – certificate of delay – computation of time where copies are supplied – 60 days to institute appeal after availability. Evidence – medical proof – general assertions of sickness insufficient; must link illness to inability to act.
|
18 August 2021 |
|
Failure to properly sum up evidence to assessors vitiated the trial; conviction quashed and expedited retrial ordered.
Criminal procedure – Trial with assessors – duty of judge to sum up evidence to assessors and direct them on points of law – section 298(1) CPA – "may" construed as mandatory in practice – failure to summate vitiates proceedings and necessitates retrial; exercise of revisionary jurisdiction under section 4(2) AJA.
|
18 August 2021 |
|
A fatally defective information naming absent co-accused vitiated the retrial; conviction quashed and appellant released.
Criminal procedure — Information defective where it names persons not arraigned on retrial — duty of court to order amendment under s.276(2) CPA — prosecution’s responsibility to present correct information — fatally defective charge vitiates proceedings — principles for ordering retrial — conviction quashed and immediate release ordered under revisional jurisdiction (s.4(2) AJA).
|
18 August 2021 |
|
Extension of time granted where delay arose from late supply of certified records and non‑issuance of Certificate of Delay.
Extension of time – Court of Appeal Rules (2019) Rules 10 & 4(2)(b) – good cause requirement – factors: length/reasons for delay, diligence, prejudice, alleged illegality – delay caused by late supply of certified records and non‑issuance of Certificate of Delay – discretion exercised to grant 60 days.
|
17 August 2021 |
|
Failure to recall witnesses after charge substitution and irregularly admitted confession vitiated the conviction; retrial refused.
Criminal procedure – substitution of charge – duty to recall previously heard witnesses under s.234(2)(b) CPA; Improper admission of cautioned/confession statement read before being cleared for admission; Hearsay evidence and need for corroboration; Discretion to order retrial where original trial defective and retrial would enable prosecution to fill evidential gaps.
|
17 August 2021 |
|
Convictions quashed where confessions and parade identifications were improperly admitted and evidence failed to prove robbery beyond reasonable doubt.
Criminal law – Conspiracy – Improper to charge conspiracy where substantive offences have been committed; Confessions – cautioned and extra-judicial statements inadmissible absent proper voluntariness inquiry and reading to accused; Identification – visual identification and identification parade unreliable without prior description and proper parade composition; Evidence – spent cartridges/ballistics must link accused to offence; Conviction unsafe where prosecution fails to prove beyond reasonable doubt.
|
17 August 2021 |
|
A prisoner's appeal is timely if presented to the officer in charge under section 363; dismissal was quashed and appeal restored.
Criminal procedure – Filing of appeals by prisoners – Section 363 Criminal Procedure Act – Duty of officer in charge to forward petitions presented by inmates; Time-barred appeals – attribution of delay to prison authorities; Section 361(2) CPA – good cause; Precedent: Bundala s/o Abdallah @Juma & Ntinginya s/o Masanja (procedural obligations of prison officers).
|
17 August 2021 |
|
High Court misdirected by failing to consider Ward Tribunal judgment; post-death clan transactions did not confer valid title.
Land law – sale of land – partial sale and boundary dispute; evidential weight of Ward Tribunal judgment (Exhibit B); nemo dat quod non habet – post-death transactions by clan-members; appellate interference for failure to consider material exhibit.
|
17 August 2021 |
|
Child’s unsworn testimony properly established conviction despite expungement of PF3 and irregular scene and voire dire proceedings.
Criminal law – sexual offences against a child – competency and admissibility of child’s unsworn evidence under s.127 Evidence Act; Evidence – requirement to read over/explain a tendered exhibit (PF3) to accused; omission is fatal; Criminal procedure – irregular court visit to scene of crime may be expunged if no prejudice; Voir dire – prosecutor must not conduct voir dire; parts so conducted may be expunged; Appellate review – failure of first appellate court to discuss defence not fatal where point not raised before it.
|
17 August 2021 |
|
Conviction quashed due to unexplained magistrate succession and improper admission of a cautioned statement, leading to appellant's release.
Criminal procedure – succession of magistrates – s.214(1) CPA – unexplained change of magistrate renders proceedings irregular; Evidence – cautioned statement improperly tendered by prosecutor – not admissible; Exhibits – requirement that exhibits be tendered by witnesses; PF3 and medical evidence – importance in charges alleging injuries/armed robbery; Variance between charge and evidence – risks acquittal; Revisional powers – s.4(2) AJA – quashing conviction and setting aside sentence versus ordering retrial (Fatehali Manji principle).
|
17 August 2021 |
|
Non‑compliance with s.130(3) renders a spouse’s testimony inadmissible and can overturn a conviction.
Evidence Act s.130(1),(3) – spouse a competent but not compellable witness – requirement to admonish under s.130(3) prior to giving evidence; non-compliance renders evidence inadmissible. Applicability – protection under s.130(3) applies whether accused is charged alone or jointly with co-accused. Criminal law – sufficiency of evidence – expungement of principal eyewitness where other evidence merely corroborates that witness may render conviction unsafe. Witness credibility – coached witness evidence may be rejected and affect the prosecution’s case.
|
16 August 2021 |
|
Joint representation of co-accused with conflicting interests breached right to fair trial; retrial ordered with separate counsel.
Criminal law – murder; fair trial – right to effective legal representation; conflict of interest among co-accused; duty to adjourn and assign separate counsel; revisional powers (s.4(2) AJA) – conviction quashed and retrial ordered.
|
16 August 2021 |
|
Court allowed extension of time to appeal after finding High Court misapprehended the period of delay and improperly exercised discretion.
Criminal procedure – extension of time under section 25(1)(b) MCA; sufficiency of explanation for delay; delay caused by non-provision of copies; misapprehension of facts as ground to interfere with judicial discretion; authorities—Kweka, Kassana Shabani, Mbogo v Shah, Mwita Mhere.
|
16 August 2021 |
|
Court holds redundancy-based termination lawful; appointment letter not a separate contract; appeal dismissed.
Employment law – termination for redundancy/operational requirements; appointment letter versus contract of employment; procedural fairness – termination clause and payment in lieu of notice; inapplicability of section 58 (repealed Employment Act); scope of Labour Commissioner referral and review by Industrial and Labour Courts.
|
16 August 2021 |
|
Applicant’s delay attributed to absent secretary was not good cause; extension refused and application dismissed with costs.
Civil procedure – Extension of time – Good cause – Applicant must account for all days of delay; diligence required – Lyamuya factors. Stay of execution – Competency of stay pending appeal against subsequent decision even if decree not appealed; Rule 4(2) applicable where Rule 11 conditions absent. Illegality – To justify extension the illegality must be apparent on the face of the record, not discovered after long argument.
|
13 August 2021 |
|
An application combining a Rule 10 extension and section 5(1)(c)/Rule 45 leave is omnibus, incompetent and must be filed separately.
Civil procedure – omnibus application – combining Rule 10 extension of time and leave to appeal under section 5(1)(c)/Rule 45 – different provisions, timeframes and fora (single Justice vs Court) – application struck out; Rutagatina precedent applied; Kalunga distinguished.
|
12 August 2021 |
|
Refusal to allow amendment of pleadings was unlawful where proposed documents related to existing issues and prejudice could be remedied by costs.
Civil procedure – Amendment of pleadings – High Court (Commercial Division) Procedure Rules, r.24(1) and (3)(b) – Amendments to determine real question in controversy or achieve justice – Prejudice remedied by costs or time to respond. Pleadings – Amplification of particulars and annexing receipts/invoices – Not a ground for refusal if connected to existing issues and not mala fide. Discretion – Trial court must exercise rule 24 discretion judiciously and address whether proposed amendment causes irremediable injustice.
|
12 August 2021 |
|
A s.12(4) EOCCA certificate is required to try combined economic and non-economic offences in a subordinate court; omission nullifies proceedings.
Criminal procedure – jurisdiction – EOCCA s.3, s.12(3) and s.12(4) – where offences combine economic and non-economic counts, a s.12(4) certificate is required for subordinate court jurisdiction. Evidence – documentary exhibits – requirement to clear and read documents to accused; incompetence of tendering officer under WCA sections 86(4) and 114(3) renders valuation certificate inadmissible. Remedy – jurisdictional and substantial procedural defects render proceedings a nullity; retrial may be refused where it would prejudice the accused.
|
12 August 2021 |
|
Delay in recording the appellant's cautioned statement was justified; oral confession corroborated and conviction upheld.
Criminal law – Cautioned statement – admissibility where recorded beyond four hours; Criminal Procedure Act s.50(2)(a) exception for ongoing investigation; Competency of investigating police officer to record statement (s.58(4) post-2011 amendment); Oral confession to civilians – admissibility and corroboration; Assessors' role – clarification versus cross-examination; Proof of murder on corroborated circumstantial evidence.
|
12 August 2021 |
|
Failure to first apply to the High Court and to comply with rule 45A renders the extension application premature and time-barred.
Court of Appeal procedure — concurrent jurisdiction with High Court — rule 47 requires first application to High Court; rule 45A(1)(a) fourteen-day limit for second bite to Court of Appeal; rule 45A(2) certificate of exclusion; omnibus extension applications; competency and time-bar.
|
11 August 2021 |
|
Suo motu revision may proceed despite a pending appeal where special circumstances and affected non‑parties justify Court intervention.
Land and probate disputes — Court of Appeal revisional jurisdiction — suo motu invocation under Appellate Jurisdiction Act — interplay with pending appeal — "riding two horses" doctrine and its exceptions where special circumstances exist — remedy for interested parties not entitled to appeal.
|
9 August 2021 |
|
Withholding tax applies where a Tanzanian resident pays for services utilised in Tanzania, even if performed offshore.
Tax law – Withholding tax – Source of payment – Interpretation of “service rendered” – sections 6(1)(b), 69(i)(ii) and 83(1)(b) Income Tax Act – services performed offshore but utilised in Tanzania – precedent (Tullow) upheld.
|
6 August 2021 |
|
Appeal struck out as time‑barred due to an incurably defective certificate of delay; costs to respondents.
Certificate of delay – defective/incurably defective certificate – erroneous dates and omission of a party – cannot be rectified where defect goes to root – computation of limitation under Rule 90(1) of the Tanzania Court of Appeal Rules, 2009 – appeal time‑barred – appeal struck out – costs awarded to respondents.
|
6 August 2021 |
|
Victim's credible testimony and corroborative evidence upheld conviction despite procedural defects; PF3 expunged, appeal dismissed.
Criminal law – Unnatural offence – sufficiency of particulars in charge sheet; omission of number of occasions and the word "unlawful" not fatal if no prejudice. Evidence – age of child victim can be proved by victim's testimony. Procedure – improper tendering of medical report (PF3) requires expungement. Evidence in sexual offences – child victim's credible testimony may suffice to convict where court records reasons for reliance.
|
5 August 2021 |
|
Review dismissed: alleged manifest error and stare decisis breach did not meet statutory grounds for review.
Court of Appeal — Review jurisdiction — Rule 66(1) CAR 2009 — "manifest error on the face of the record" — limited grounds for review; review not substitute for appeal; consequential orders not decided on appeal; stare decisis not a separate ground of review.
|
5 August 2021 |
|
Appellant’s failure to serve the respondent with the Registrar application precluded time exclusion and rendered the appeal time‑barred.
Civil procedure – Appeal time limits – Rule 90(1) proviso and Rule 90(3) mandatory service requirement; failure to serve respondent disentitles appellant from time exclusion. Evidence – proof of service – discrepancies and absence of advocate’s stamp undermine claim of service. Jurisdiction – appeals instituted out of prescribed time are incompetent and liable to be struck out.
|
5 August 2021 |
|
Review dismissed — applicant failed to show a manifest error or denial of right to make rejoinder.
Appellate review jurisdiction — Rule 66(1)(a),(b) — manifest error on the face of the record; standards for review (Chandrakant). Review cannot be used to re-hear appeals or re-evaluate evidence; errors inviting two opinions are grounds of appeal, not review. Right to be heard — rejoinder: absence of an express record does not necessarily mean denial if judgment read as whole shows the party responded.
|
5 August 2021 |