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Citation
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Judgment date
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| August 2019 |
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Minor charge defects and inconsistencies, and an improperly tendered PF3, did not vitiate the conviction which was upheld.
Criminal law – Unnatural offence (s.154 Penal Code) – Charge irregularity cured under s.388(1) CPA; minor contradictions and time variance immaterial; PF3 improperly tendered and expunged but remaining evidence sufficient to sustain conviction.
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30 August 2019 |
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Minor variances and an improperly tendered PF3 did not vitiate conviction; appeal dismissed.
Criminal law – Unnatural offence – sufficiency of evidence – in flagrante findings and medical signs can sustain conviction even if PF3 is expunged. Criminal procedure – Charge-sheet defects – incorrect citation of statutory subsection curable under CPA s.388(1) if particulars inform accused. Evidence – Contradictions and inconsistencies – minor discrepancies (time, name) not material unless they go to root of case. Evidence admissibility – PF3 must be tendered by its author; improper tendering warrants expungement.
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30 August 2019 |
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Conviction quashed where charge omitted material particulars and identification evidence was unsafe.
Criminal law – Unnatural offence (s.154 Penal Code) – necessity to specify subsection and to prove victim’s age where material. Evidence – Identification – requirements for reliable visual identification (source/intensity of light, proximity, time in view, exclusion of others). Procedure – Defective charge particulars and omission of material particulars may render proceedings a nullity; section 388(1) CPA not always curative. Remedy – Retrial not ordered where prosecution evidence is weak and gaps would otherwise be filled to appellant's prejudice.
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30 August 2019 |
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A transfer after plea and preliminary hearing is invalid, rendering ensuing proceedings before a magistrate with extended jurisdiction null.
Criminal procedure — Transfer under section 256A(1) Criminal Procedure Act — Transfer must be before plea and preliminary hearing — Transfer after arraignment is irregular and fatal — Proceedings and orders of magistrate with extended jurisdiction rendered null — Court of Appeal invoking revisional powers under section 4(2) AJA to quash proceedings and direct High Court to resume trial.
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30 August 2019 |
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Missing substituted charge sheet and non-compliance with section 231(1) CPA vitiated the trial, requiring retrial.
Criminal procedure – incomplete record of appeal – missing substituted charge sheet and missing ruling on prima facie case – right to access documents for fair trial. Criminal law – charge sheet is foundational; substituted charge must be in record of appeal (Rule 71(4)). Criminal procedure – mandatory compliance with section 231(1) CPA – failure vitiates trial. Remedy – quash convictions and sentences; nullify proceedings and order retrial.
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30 August 2019 |
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Missing substituted charge sheet and absent no‑case ruling rendered convictions unsafe; proceedings quashed and retrial ordered.
Criminal procedure — Complete record of appeal — substituted charge sheet and no-case (prima facie) ruling as essential documents under rule 71(4). Criminal Procedure Act, ss. 230 & 231(1) — mandatory compliance; duty to explain charge and inform accused of rights before defence. Right to fair hearing — access to documents and records for appeal (Article 13(6)(a) implications). Missing primary documents — prejudice to appellate scrutiny; convictions unsafe. Remedy — nullification of proceedings and remittal for retrial before a fresh panel.
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30 August 2019 |
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Missing charge sheet and failure to comply with s.231(1) CPA vitiated convictions; retrial ordered.
Criminal procedure — incomplete record on appeal — substituted charge sheet missing — no‑case to answer/prima facie ruling absent — non‑compliance with s.231(1) CPA — right to fair trial — convictions quashed and retrial ordered.
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29 August 2019 |
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Court permitted substitution of bank guarantee with Certificate of Occupancy as security for stay of execution, refusing to decide ownership disputes.
Civil procedure — stay of execution — security for stay — variation of form of security under Rule 4(2)(a),(b) where Rules are silent on variation. Evidence — suitability of substitute security — valuation report and ownership documentation. Procedural limitation — interlocutory applications should not decide substantive ownership or fraud issues already reserved for appeal or proper forum.
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28 August 2019 |
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A charge citing a non-existent provision and omitting "carnal knowledge" is fatally defective, nullifying the trial and conviction.
Criminal law – Charge sheet errors – Citing non-existent statutory provision; particulars must disclose essential elements ("carnal knowledge") – Fatal defect, trial nullity – Sufficiency of prosecution evidence for rape (penetration) – When retrial is inappropriate.
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27 August 2019 |
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Late filing of notice of intention to appeal renders the appeal incompetent and should be struck out, not dismissed.
Criminal procedure – late filing of notice of intention to appeal – effect is incompetence and requires striking out, not dismissal; right to be heard; s.361(1) CPA; revisional powers under s.4(2) AJA.
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27 August 2019 |
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A charge citing a non-existent rape provision and omitting 'carnal knowledge' was fatally defective, nullifying the appellant's conviction.
Criminal law – Charge and particulars – citation of non-existent statutory provision – necessity to state correct section creating offence. Rape – particulars must disclose 'carnal knowledge' and essential ingredients. Fair trial – defective charge causing prejudice renders proceedings a nullity. Standard of proof – prosecution must prove penetration and be forthright; weak evidence may preclude retrial. Prosecutorial pleading – defects in charge not always curable by particulars, especially where particulars omit essential ingredient.
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26 August 2019 |
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Late notice made the appeal incompetent; High Court should have struck it out, not dismissed it, allowing application for extension.
Criminal procedure – Notice of intention to appeal – Late filing renders appeal incompetent – Remedy is to strike out, not dismiss. Distinction between striking out and dismissing an appeal (Ngoni-Matengo principle). Right to be heard – appellant was afforded a hearing; complaint without merit. Revisional powers – Court of Appeal may invoke s.4(2) AJA to correct irregular High Court orders.
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26 August 2019 |
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Delay in filing appeal caused by late supply of High Court proceedings amounted to good cause; extension granted for 30 days.
Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – good cause required; Rule 90(1) – exclusion of waiting time for preparation/delivery of High Court proceedings by Registrar’s certificate; late supply of proceedings as good cause; refusal to require reapplication for Registrar’s certificate where impractical.
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23 August 2019 |
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Delay excused where the applicant awaited High Court proceedings; extension to file appeal granted.
Civil procedure — Extension of time — Good cause required under Rule 10 — Delay in supply of High Court proceedings as good cause — Rule 90(1) exclusion by Registrar’s certificate; absence of certificate not fatal where Registrar did not issue it and applicant had promptly requested records.
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23 August 2019 |
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Extension of time granted for eleven-day delay where counsel diligently sought appeal documents and registrar’s refusal caused delay.
Civil procedure – Extension of time under Rule 10 – Good cause requires accounting for delay, consideration of length, reasons, prospects and prejudice. Delay of eleven days held not inordinate where counsel diligently pursued appeal documents and was impeded by Deputy Registrar’s refusal to issue certificate of delay. Duty of court officers to supply appeal documents and not to impede appeal process.
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21 August 2019 |
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Trial judge's biased summing up and omitted directions rendered the murder trial a nullity; conviction quashed and appellant released.
Criminal law – murder – identification and circumstantial evidence – last-seen doctrine; Criminal procedure – trial with assessors – summing up – prohibition on trial judge expressing own views; Duty to direct on cogency of circumstantial evidence and legal effect of unchallenged alibi; Revisional jurisdiction – nullity of trial and refusal to order retrial.
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20 August 2019 |
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A court cannot decide an unframed issue without hearing the parties; such a decision is null and judgment is quashed.
Civil procedure – framing of issues – court may not raise and decide an unframed issue without giving parties opportunity to lead evidence and address the court (audi alteram partem). Societies/Trustees law – capacity to hold land – determination of legal existence must be properly placed and argued on record. Procedural fairness – violation of right to be heard renders decision a nullity; remedy is quashing and remittal for fresh determination.
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20 August 2019 |
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Minor defects in charge and inconsistencies were curable; PF3 expunged but conviction safely upheld.
Criminal law – Unnatural offence – Defective charge curable under s.388(1) CPA; contradictions in evidence must be material to vitiate conviction; time variances immaterial under s.234(3) CPA; PF3 improperly tendered by Prosecutor expunged but conviction may stand on remaining evidence.
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19 August 2019 |
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Unilateral amendments to party particulars without prior leave render an application defective and liable to be struck out.
Civil procedure – application for extension of time – amendment/joinder of parties – additions or changes to party particulars require prior leave under Rules 20 and 50 of the Tanzania Court of Appeal Rules, 2009 – failure to obtain leave renders application defective. Civil procedure – misnomer/misdescription of parties – addition of prefixes or incorrect titles – must be cured with leave; unilateral alterations can be fatal. Land law – procedural challenges in post-judgment revision proceedings.
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15 August 2019 |
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Missing appellate record and long delay led to quashing conviction, setting aside sentence and ordering appellant's immediate release.
Criminal procedure – Missing appellate record – entitlement to record under Rule 71 – reconstruction impossible; Access to justice – constitutional right (art.13(6)(a)) and statutory right to appeal (s.6(1) AJA); Remedies – quashing conviction and setting aside sentence vs ordering retrial; Exercise of s.4(2) AJA revisional powers; Consideration of public interest, prolonged detention, and practical obstacles to retrial.
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15 August 2019 |
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Conviction quashed for defective charge and unsafe identification; retrial refused due to weak prosecution evidence.
Criminal law – Unnatural offence – necessity to specify correct subsection of section 154; proof of victim’s age material to charge and sentence; Evidence – visual identification – requirements (source/intensity of light, proximity, duration, familiarity, exclusion of others); Procedure – defective charge and failure to prove vital particulars may render proceedings a nullity; Retrial – not ordered where prosecution case is insufficient and retrial would allow filling evidentiary gaps.
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1 August 2019 |