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Citation
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Judgment date
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| April 2019 |
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Local authority lawfully demolished unpermitted development; damages set aside for unpleaded and unproven special damages.
Urban Planning Act (s.29, s.28, s.74) – planning consent required for development within planning areas, including unsurveyed land; Local Government (Urban Authorities) (Development Control) Regulations (Reg.124, Reg.139) – building permit requirement and enforcement powers; Remedies – authority may demolish/alter illegal developments after notice; Civil damages – special damages must be specifically pleaded and strictly proved; Court procedure – correction of judgment typographical errors under Rule 42(1)&(2) of Court of Appeal Rules.
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30 April 2019 |
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High Court enhanced sentence without hearing; revisional order quashed and mandatory 30-year sentence imposed.
Criminal procedure – revisional powers – High Court's power under sections 372–374 CPA to call records and revise subordinate courts' decisions. Right to be heard – section 373(2) CPA prohibits making revisional orders to accused's prejudice without opportunity to be heard. Minimum Sentences Act – section 5(d) prescribes mandatory minimum sentence (30 years) for specified sexual offences under Chapter XV. Appellate jurisdiction – appeal from subordinate court must first be taken to the High Court before second appeal to Court of Appeal. Appellate Jurisdiction Act section 4(2) – Court of Appeal's revisional powers to nullify and correct proceedings.
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12 April 2019 |
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High Court's enhancement of sentence without hearing the accused was a nullity; Court of Appeal quashed that order and imposed the statutory minimum.
Criminal procedure — Revisional powers — High Court may enhance sentences under s.373(1)(a) but must not make an order to the prejudice of an accused without affording opportunity to be heard under s.373(2) — failure renders revisional order null. Appellate jurisdiction — Court of Appeal is not a first appellate court from District Court; appeals against conviction should first go to the High Court. Minimum Sentences Act — Rape attracts statutory minimum sentence (30 years); Court of Appeal may correct manifestly illegal sentences by exercising revisional powers.
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12 April 2019 |
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Second appeal dismisses challenges to conviction and affirms life sentence for rape of an under‑ten child under amended Penal Code.
Criminal law – rape of a child – statutory amendment imposing life sentence for victims under ten – charge validity; Evidence – child victim’s uncorroborated testimony admissible and can ground conviction; PF3 with inconsistent dates excluded (Selemani Makumba); contradictions among witnesses must go to root to vitiate conviction; appellate review limited where concurrent findings of credibility exist.
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12 April 2019 |
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Procedural failures in amending charges and admitting statements vitiated the trial; retrial ordered in the interests of justice.
Criminal procedure – amendment/substitution of charge after witnesses testified – non‑compliance with section 234 CPA vitiates trial. Evidence – cautioned statement and extra‑judicial statement – accused's objection requires judicial inquiry into voluntariness before admission. Appeal – nullity of appellate proceedings founded on null trial proceedings – remedy by retrial in interest of justice. Retrial – application of Fatehali Manji principles; retrial ordered.
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12 April 2019 |
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Conviction quashed: unreliable/repudiated confession and inconsistent witness evidence failed to prove murder beyond reasonable doubt.
Criminal procedure – cautioned statement – timing under section 50(1)(a) CPA; repudiated confession – reliability and need for caution; extra-judicial statement not produced and failure to call justice of the peace; circumstantial evidence – requirement of cogent corroboration; appellate re-appraisal of evidence under Rule 36(1).
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12 April 2019 |
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High Court's enhancement of sentence without hearing accused was null; Court of Appeal quashed it and imposed the statutory 30-year term.
Criminal law – Revisionary powers – High Court's power to call records (s.372 CPA) – Requirement to hear accused before making orders prejudicial to him (s.373(2) CPA) – Revisional order made in absence of accused is nullity – Court of Appeal's power to nullify and to exercise revisional powers (Appellate Jurisdiction Act s.4(2)) – Correction of manifestly illegal sentence to statutory minimum.
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11 April 2019 |
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The applicant's conviction for rape of an under-ten child and life sentence were upheld; procedural and evidential complaints rejected.
Criminal law – Rape of a child under ten – admissibility and probative value of PF3 – concurrent findings on credibility – appellate interference on second appeal. Evidence – contradictions among witnesses – whether contradictions go to root of case. Procedure – compliance with Sections 192 and 228(4) CPA – requirement to try in camera and effect on accused's rights. Sentencing – Written Laws (Miscellaneous Amendments) Act No.19 of 2007 introducing mandatory life imprisonment for statutory rape of under-tens.
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11 April 2019 |
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Conviction based on a repudiated cautioned statement and inconsistent circumstantial evidence was unsafe and was quashed.
Criminal law – Murder – Circumstantial evidence – Requirement to prove guilt beyond reasonable doubt. Confession evidence – Cautioned statement – Lawful recording period and evidential value of repudiated confession. Extra‑judicial statement – Non-production and failure to call justice of the peace undermining prosecution case. First appeal – Power to re‑appraise evidence and draw inferences of fact. Assessors – Improper influence by evidence not before court.
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11 April 2019 |
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Demolition lawful where tenant made unpermitted extensions; claimant failed to prove existence or value of alleged stock.
Urban planning and building control – requirement of planning consent and building permit for erection/extension within planning area; lawful exercise of municipal power to issue Stop and Demolition Orders; burden of proof in civil claims – requirement for strict proof of specific damages; admissibility and effect of unstamped tax invoices under Stamp Duty Act; counterclaim not determined and lacking proof.
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10 April 2019 |
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A defective charge sheet failing to state to whom weapons were directed vitiated the armed robbery conviction.
Criminal law – Armed robbery – Particulars of offence must indicate the person against whom force or threat was directed – Defective charge sheet fatal; victim identity and direct evidence essential.
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10 April 2019 |
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Armed robbery conviction quashed where charge omitted to state who was threatened and victim did not testify.
Criminal law – Armed robbery – particulars of offence – essential ingredient that violence or threat be directed at a person – charge must specify person targeted; omission fatal and not curable under s.388 CPA; victim identity discrepancy; conviction unsafe.
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10 April 2019 |
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Visual identification and recent-possession evidence were insufficient to support conviction; conviction quashed and sentence set aside.
Criminal law — Visual identification — Application of Waziri Amani guidelines; contradictions and failure to eliminate mistaken identity make identification unsafe. Criminal law — Recent possession — Requirements: possession, positive identification as complainant's property, recentness, and link to the charge; absence of serial-number reporting, receipts or chain of custody vitiates doctrine. Evidence — Cautioned/confessional statements — Repudiation requires inquiry into admissibility before reliance. Appellate review — Second appeal may intervene where there are misdirections, misapprehension of evidence or miscarriage of justice.
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10 April 2019 |
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Reported
Appellate court affirmed US$1,100,000 liability, set aside unproven general damages and reduced pre-judgment interest to 10%.
Civil appeal — pleadings — amended written statement of defence — counterclaim omitted by amendment ceases to have effect; issues framed on omitted counterclaim invalid. Evidence — documents admitted — Order XIII r.4 CPC — minor endorsement defects do not automatically vitiate exhibits where no prejudice shown. Burden and evaluation of evidence — loan of US$1,100,000 proved on balance of probabilities; alleged set-off on share transfer/winding-up agreement not established. Damages — general damages must be supported by evidence; court vacated unsupported award. Interest — pre-judgment interest rate discretionary; excessive commercial rate reduced; post-judgment rate within statutory limits affirmed.
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9 April 2019 |
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Appellant's armed robbery conviction quashed for defective charge omitting person targeted by weapons.
Criminal law – Armed robbery – particulars of offence – essential to specify the person against whom violence or threat was directed when weapons are used. Criminal procedure – defective charge sheet – omission as to person targeted by weapon is fatal and not cured under s.388 CPA. Evidence – absence of victim's testimony and naming discrepancy – undermines prosecution case. Identification – challenged but unnecessary to decide once charge defect proved fatal.
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9 April 2019 |
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Weak visual identification and defective proof of recent possession rendered the conviction unsafe.
Criminal law – Visual identification – application of Waziri Amani guidelines; necessity to eliminate mistaken identity. Evidence – Recent possession – requirements: property found with accused; positive identification to complainant; recent theft; subject of charge; need for proof of serial numbers/receipts and chain of custody. Evidence – Cautioned statements – inadmissible without inquiry when repudiated. Appellate review – intervention warranted where misdirection, contradictions and violations of legal principles render conviction unsafe.
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9 April 2019 |
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Conviction quashed: visual identification unsafe and recent-possession evidence lacked identification and chain of custody.
Criminal law – Visual identification – Waziri Amani principles – evidence must be watertight and surrounding circumstances carefully considered. Criminal law – Recent possession – requirements: found with accused, positive identification to complainant, recent theft, subject of charge; need for clear linkage and chain of custody. Evidence – Cautioned statements – mandatory inquiry into admissibility where statement is repudiated. Appellate review – Second appeal may intervene where lower courts misdirect or misapprehend evidence causing miscarriage of justice.
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9 April 2019 |
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The appellant withdrew the appeal under Rule 102(1); the Court marked the appeal withdrawn and made no order as to costs.
Civil procedure – Appeal – Withdrawal of appeal – Application under Rule 102(1) of the Tanzania Court of Appeal Rules, 2009 (as amended) – Court may mark appeal withdrawn and make no order as to costs. Civil procedure – Non-appearance of respondents at hearing despite service of notice – court proceeds to hear procedural application and dispose of appeal accordingly.
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9 April 2019 |
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Alleged sentencing before conviction did not establish illegality; unexplained six‑year delay justified refusal of extension of time.
Criminal procedure – Extension of time – Discretionary nature of court’s power to extend time – appellate interference only if discretion misdirected or improperly exercised. Illegality as ground for extension – can be raised at any time – absence of conviction before sentence must be shown on record. Review limited to whether refusal to extend time was judicious; substantive challenges to trial judgment not entertained absent extension.
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8 April 2019 |
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Applicant failed to show good cause for extension; alleged illegality was not apparent on the record.
Civil procedure — Extension of time (Rules 10 and 48(1)) — applicant must show good cause and account for each day of delay; Illegality — to attract extension must be apparent on the face of the record and of sufficient importance; Notice of appeal by another party does not automatically bar filing of a revision.
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4 April 2019 |
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Reported
Unexplained six-year delay barred extension of time; alleged sentencing illegality not established on the record.
Criminal procedure – extension of time – discretionary powers of High Court and Court of Appeal – interference only where exercise of discretion was injudicious or vitiated by misdirection. Criminal procedure – extension of time – illegality as a ground for extension – may be raised at any time but must be shown to exist on the record. Evidence – inspection of original record – conviction properly recorded precluded reliance on alleged sentencing-before-conviction or incomplete-judgment illegality.
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4 April 2019 |
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Appellant failed to prove lawful title; locus standi was not contested; appeal dismissed with costs to respondents.
Land law – proof of title – importance of documentary trail (sale agreement, transfer deed, consent) for disposition of surveyed land under s.36; locus standi – pleaded status of parties and consequences of failure to challenge in reply; adverse possession – relief must be pleaded; evaluation of credibility and missing documents may render registration suspect.
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4 April 2019 |
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Reported
Applicant failed to prove lawful title where statutory transfer documents were missing; appeal dismissed.
Land law – proof of title and disposition of surveyed land – compliance with section 36 Land Act required for valid transfer; absence of sale agreement/transfer deed undermines claimed title. Civil procedure – parties bound by pleadings – adverse possession cannot be relied upon if not pleaded. Locus standi – distinction between plaintiff’s locus standi and defendants’ pleaded status as administrators; pleaded status and concession preclude separate onus.
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4 April 2019 |
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Delay caused by Registry’s late supply and defective certificate justified extension of time to file appeal.
Civil procedure – extension of time – Rule 10 and Rule 90 – defective certificate of delay issued by Registry – delay attributable to court registry – good cause for condonation.
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3 April 2019 |
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The applicant’s delay, caused by a defective Deputy Registrar’s certificate, justified extension of time to lodge the appeal.
Civil procedure — Extension of time (Rule 10) — Good cause — Certificate of delay issued by Deputy Registrar — Defective certificate and Registrar's delays can justify enlargement of time — Alleged illegality of judgment not considered once good cause shown.
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1 April 2019 |
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Court granted extension of time due to registry delay; alleged illegality was not obvious and failed.
Civil procedure — Extension of time — Discretion under Rule 10 — Applicant must show sufficient cause; illegality must be obvious to justify extension — Administrative delay at court registry (red tape) may constitute sufficient cause — Rule 8(d) deals with computation of time, not certificate of delay; certificate of delay arises under Rule 90(1).
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1 April 2019 |
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A statutory procedural amendment made appeals from the High Court in land matters as of right, rendering the extension-for-leave application academic.
Land law - Appeals from High Court exercising original jurisdiction - amendment of section 47(1) Land Disputes Courts Act removes leave requirement; Procedural statutory amendments - retrospective operation in absence of contrary intent; Application for extension of time to seek leave rendered academic; Matter struck out; No order as to costs.
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1 April 2019 |