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Citation
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Judgment date
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| December 2019 |
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Applicants failed to show good cause for extension of time under Rule 10 due to unexplained delays.
Civil procedure – Extension of time under Rule 10 – Good cause required; applicant must account for each day of delay and show diligence; ‘‘technical delay’’ (Fortunatus Masha) limited to prompt applicants whose original appeal became incompetent; prospects of success not decisive at extension stage.
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13 December 2019 |
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Misapplication of section 127 for child evidence requires corroboration; absence of corroboration led to quashing of conviction.
Evidence — Child witness — Section 127 Evidence Act — requirement for a recorded voire dire to admit unsworn evidence; misapplication of section 127 revives need for corroboration. Evidence — Corroboration — absence of corroborative material where section 127 misapplied renders conviction unsafe. Procedure — Admission of documentary medical evidence (PF3) — contents must be read in court or may be rendered ineffective.
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13 December 2019 |
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Court granted extension to appeal despite partial delay accounting because apparent illegality on the face of the record constituted good cause.
Court of Appeal jurisdiction — competence of Court to hear extension applications where notice of appeal exists; Extension of time — discretionary, requires accounting for each day of delay; Apparent illegality on face of record may constitute good cause; Rule 10 Court of Appeal Rules; Section 11 AJA and Rule 47 procedural commencement.
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13 December 2019 |
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Extension of time granted due to technical delay by High Court Registry and arguable illegality, appeal to be filed within 60 days.
Extension of time – Court of Appeal Rules, Rule 10 – technical delay caused by High Court Registry’s failure to supply appeal records – illegality (jurisdictional defect and denial of hearing) as sufficient ground to grant extension – applicant’s duty to show good cause – no reply affidavit meant applicant’s account stood unchallenged.
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13 December 2019 |
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Driver's trafficking conviction upheld; mechanic's conviction quashed for lack of proof of participation.
Criminal law — Trafficking in narcotic drugs (khat) — Lawful arrest and search; chain of custody requirements for seized drugs; admissibility and weight of forensic analysis; credibility of police witnesses and absence of civilian witnesses; distinction between presence and participation (common intention) — conviction sustained for driver/owner, acquittal for alleged mechanic.
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12 December 2019 |
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Revision application withdrawn; applicant ordered to pay costs after failing to prove notice of withdrawal.
Civil procedure — Revision of High Court probate proceedings — application withdrawn under Rule 58(3) Court of Appeal Rules, 2009. Probate law — alleged procedural irregularities (domicile affidavit, annexing will, citation, ex-parte hearing) — raised but not determined due to withdrawal. Legal Aid Act 2017 s.31 — legal aid does not automatically preclude costs; costs may be ordered in exceptional circumstances and for conduct causing unnecessary expense. Costs — failure to produce proof of notice of withdrawal and failure to inform respondent justified ordering costs against applicant.
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12 December 2019 |
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Failure to specify irreparable loss and to provide security justified dismissal of the stay of execution application.
Civil procedure — Stay of execution — jurisdiction to stay orders of subordinate courts where notice of appeal is filed; Rule 11(2)(d) — cumulative requirements: irreparable/substantial loss, absence of unreasonable delay, and security for due performance; Security for stay — essential to safeguard judgment creditor and facilitate post-appeal execution; General allegations of hardship insufficient to demonstrate irreparable loss.
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12 December 2019 |
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Unsworn child testimony given without proper voir dire requires corroboration; lack of it vitiated the conviction.
Evidence — Child witness (tender age) — voir dire requirement under section 127 — unsworn evidence — misapplication requires corroboration; PF3 not read out and expunged — conviction quashed for lack of corroboration.
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11 December 2019 |
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An out-of-time notice of intention to appeal to the High Court renders subsequent Court of Appeal proceedings incompetent and struck out.
Criminal procedure – Notice of intention to appeal – Time limit under section 361(1)(a) CPA – Competence of appeal – Jurisdiction of Court of Appeal – Preliminary objection under Rule 4(2)(a) CoA Rules – Rule 47 discretionary extension constrained by section 361(2) CPA.
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10 December 2019 |
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Guilty-plea conviction quashed where prosecution failed to prove seized plants were prohibited without analyst evidence.
Criminal law – plea of guilty – exceptions to section 360(1) CPA (Mpinga) – when a guilty plea may be reviewed. Evidence – burden on prosecution to prove seized material is a prohibited narcotic/psychotropic substance – need for government analyst’s report. Drug Control and Enforcement Act – proof of nature of seized plants in transportation offences.
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10 December 2019 |
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A guilty plea does not dispense with the prosecution's duty to prove seized plants were prohibited; absent analyst proof, conviction quashed.
Criminal law – plea of guilty – limits on appeals under section 360(1) CPA and exceptions (Mpinga). Burden of proof – prosecution must prove seized material is a narcotic/psychotropic substance to criminal standard. Evidence – necessity of government analyst's report or equivalent proof to establish nature of seized plants. Conviction quashed where nature of alleged prohibited plants not proved.
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10 December 2019 |
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Overriding objective cannot excuse five-year delay in taking essential procedural steps; notice of appeal struck out.
Appellate procedure – striking out notice of appeal for failure to take essential step in time – Rule 89(2) and Rule 90(1) of the Court of Appeal Rules. Overriding objective (AJA s3A, s3B) – cannot be used to circumvent mandatory time limits or to excuse prolonged inaction. Duty of parties/advocates to assist the Court (AJA s3B(2)).
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6 December 2019 |
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Appeal allowed because prosecution failed to prove seized plants were narcotic despite appellant's guilty plea.
Criminal law – guilty plea – exceptions allowing appeal (Laurence Mpinga) – plea imperfect/mistaken or facts not disclosing offence. Drug Control and Enforcement Act – transportation of prohibited plants – requirement that prosecution prove material is narcotic/psychotropic. Burden of proof – prosecution must adduce expert/analyst report to establish nature of seized plants; accused bears burden only to prove lawful authority/permit. Failure to produce analyst report – conviction unsustainable; conviction and mandatory sentence quashed.
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6 December 2019 |
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An appeal based on an incomplete record and defective drawn order is incompetent and was struck out absent exceptional grounds.
Appellate procedure – Competency of appeal – requirement of complete record of appeal including trial tribunal proceedings. Civil procedure – Drawn order – where drawn order does not reflect court’s decision, appeal may be defective. Appellate jurisdiction – Revisional powers – available in rare, exceptional circumstances to cure illegality; not to be used to circumvent procedural requirements. Failure to file supplementary record or cure defects – consequence is incompetency and striking out of appeal.
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3 December 2019 |
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3 December 2019 |
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A preliminary objection is improper where its resolution requires factual findings about the completeness of the record.
Civil procedure – Preliminary objection – Mukisa demurrer test – objection must raise a pure point of law not requiring factual enquiry. Court of Appeal Rules, 2009 – Rule 96(1)(k) and Rule 96(8) – completeness of record of appeal and supplementary records. Proof of service – when disputes over affidavits of service render objections inappropriate for preliminary determination.
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3 December 2019 |
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An appeal missing trial tribunal proceedings and containing a defective drawn order is incompetent and struck out.
Civil procedure – Appeal – Record of appeal – completeness – omission of trial tribunal proceedings renders appeal incompetent. Civil procedure – Drawn order – inconsistency between drawn order and court decision undermines appeal competency. Appellate jurisdiction – Revisionary powers – limited to rare and exceptional cases; cannot be used to circumvent procedural rules. Remedy – striking out incompetent appeal; no costs where defects are raised suo motu by the Court.
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2 December 2019 |
| October 2019 |
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An acquittal alone does not establish malicious prosecution; reasonable cause and malice must be independently proven.
Malicious prosecution — elements required (prosecution, favourable termination, absence of reasonable and probable cause, malice, and damage) — Reasonable and probable cause tested by honest belief, conviction based on circumstances, reasonable grounds, and cautious-person standard — Acquittal not conclusive of absence of reasonable and probable cause — Malice requires animus (ill-will).
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9 October 2019 |
| 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 |
| 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 |