|
Citation
|
Judgment date
|
| December 2020 |
|
|
Broken chain of custody and an unauthorized valuation report rendered the prosecution's case unproven beyond reasonable doubt.
Criminal law – Wildlife offences – unlawful possession of government trophy (elephant tusks) – requirement to prove possession beyond reasonable doubt. Evidence – chain of custody – PGO No.229 – necessity of a clear paper trail, custody, transfer and marking/identification of exhibits. Evidence – relaxation of strict chain-of-custody rules where item cannot easily be tampered with; application depends on circumstances. Statutory requirements – Trophy Valuation Report (s.86(4) Wildlife Act) – who may sign/prepare valuation; probative value and admissibility. Remedy – expungement of inadmissible evidence and quashing of conviction where prosecution case fails.
|
17 December 2020 |
| August 2020 |
|
|
Conviction for rape upheld but 30‑year sentence quashed because, aged 18, only corporal punishment applied.
Criminal law – Rape of a child – Proof of penetration and age: victim’s testimony and medical corroboration; PF3 expunged if not read over; identification: victim’s description and accused’s conduct; failure to call non‑essential witness not fatal; omission of punishment sub‑section curable under s.388 CPA; sentence illegal where s.131(2)(a) mandates corporal punishment for a boy aged ≤18.
|
28 August 2020 |
|
Rape conviction upheld: defective charge curable, identification and victim’s credible testimony sufficient; PF3 expunged.
Criminal law – Rape – Identification by victim and witness who knew accused – Charge irregularity – omission to cite specific subsections curable under s.388 CPA if no prejudice – PF3 read before admission expunged – Victim’s evidence as proof of penetration.
|
28 August 2020 |
|
Review application dismissed as a disguised appeal; review limited to narrow rule 66 grounds, not merits.
Appellate procedure – Review jurisdiction – rule 66(1) – review not a disguised appeal; limited to manifest error apparent on face of record or deprivation of hearing. Criminal procedure – Alleged failure to address accused under section 291(3) CPA and admission of postmortem report – such complaints, if not raised on appeal, are appellate issues not proper in review. Appellate Jurisdiction Act s.4(4) – omission to cite is undesirable but not necessarily fatal where Court has jurisdiction.
|
26 August 2020 |
|
Conviction for grave sexual abuse upheld; name variance and missing arresting officer not fatal to prosecution's case.
Criminal law – grave sexual abuse – proof beyond reasonable doubt – eyewitness evidence of insertion of penis into mouth of 14‑month‑old child; Evidence Act – section 127 (competence of child witnesses) – 14‑month‑old incapable of testifying; Evidence Act – section 143 – no fixed number of witnesses required; Criminal procedure – variance in victim's name – not fatal where no prejudice and no cross‑examination; Appellate review – concurrent findings of fact will not be disturbed absent misdirection or miscarriage of justice.
|
20 August 2020 |
|
Failure to serve the application for copies prevents reliance on certificate of delay and justifies striking out notice of appeal.
Civil procedure — Court of Appeal Rules 2009 — Rule 90(1) and (3): requirement to serve written application for copies of proceedings; certificate of delay; Rule 89(2): striking out notice of appeal for failure to take essential steps; service of request for record as essential step; awaiting unrelated extension application not an excuse.
|
19 August 2020 |
|
Mis‑citation in charge curable; victim’s credible evidence and corroboration upheld rape conviction.
Criminal law – Rape – Sufficiency of evidence: victim’s testimony proving penetration and lack of consent; corroboration by witness and medical evidence; Charge‑sheet defects – Mis‑citation of statutory subparagraph curable under s.388(1) CPA where particulars clear and accused not prejudiced; Appellate review – concurrent findings of fact not disturbed absent misdirection; Procedure – new grounds introduced at Court of Appeal barred by rule 72(2).
|
19 August 2020 |
|
Failure to consider defence justified appellate reassessment; conviction upheld and 30‑year sentence substituted by life imprisonment.
Criminal law – second appeal – appellate intervention where lower courts omitted to consider defence; Evidence – documents admitted must be read out in court before reliance (expunge if not); Sexual offences against children – victim's evidence corroborated by medical and supporting witnesses can suffice to prove penetration and non-consent; Evidence Act s.143 – no fixed number of witnesses; Sentencing – s.154 Penal Code as amended by Law of the Child Act: life imprisonment for offences against victims under 18.
|
18 August 2020 |
|
Conviction quashed where prosecution failed to prove recent possession and High Court judgment was a nullity.
Criminal law – armed robbery – recent possession doctrine; sufficiency of identification and proof of ownership; chain of custody of exhibits; duty to call available independent witnesses (petrol attendants) – adverse inference; defects in seizure documentation; requirements for appellate judgment under section 312(1) CPA; revisional powers under section 4(2) AJA.
|
18 August 2020 |
| July 2020 |
|
|
Court found the house on Plot 16; respondent was a trespasser; appellant awarded TZS15M, eviction and injunction.
Land law – trespass to land – disputed location of property – locus in quo visit and certified survey plan establishing location (Plot No.16). Possession and title – buyer in possession – trespass actionable per se despite honest mistake. Damages – failure to prove special damages; award of general damages (TShs 15,000,000). Remedies – eviction and perpetual injunction; costs. Procedure – use of additional evidence via locus in quo under Court of Appeal Rules to resolve factual dispute.
|
24 July 2020 |
| April 2020 |
|
|
Delay caused by the Registrar's failure to furnish certified proceedings excuses failure to lodge an appeal; notice of appeal not struck out.
Civil procedure — strike out of notice of appeal — Rule 89(2) — essential steps to prosecute appeal — request for certified proceedings from Registrar — delay caused by Registrar’s inaction — non-retrospective application of Rule 90(5) where not pleaded.
|
2 April 2020 |
|
Delay caused by court processes (leave and certified copies) amounted to good cause for extension of time to appeal.
Civil procedure – Extension of time under Rule 10 – Good cause requires explanation of delay; court delays in granting leave and supplying certified copies can justify extension; respondent's failure to file affidavit limits challenge to law only.
|
2 April 2020 |
|
Improperly admitted statements expunged, but remaining circumstantial evidence upheld convictions and death sentences.
Criminal law – Evidence – Improper admission of cautioned and extrajudicial statements – trial within a trial – expungement; Circumstantial evidence – principles and standards – "last seen with deceased" rule; Conduct after the incident (flight, disposal/sale of victim's property) as corroboration; Materiality of minor contradictions.
|
2 April 2020 |
|
Whether a notice of appeal should be struck out for failing to take essential steps and for not serving a copy request.
Court of Appeal — Civil procedure — Striking out notice of appeal — Failure to take essential steps under Rule 89(2) — Time limits for instituting appeal under Rule 90(1) — Exception for written, served request for copies — Service requirements and exclusion of time — Sickness not a substitute for applying for extension of time.
|
2 April 2020 |
|
Assessors’ cross-examination and insufficient, contradictory circumstantial and expert evidence vitiated the murder conviction.
Criminal law – murder – circumstantial evidence – requirement of complete chain excluding all reasonable hypotheses; assessors’ role – assessors must not cross-examine witnesses (section 177 Evidence Act) – cross-examination by assessors vitiates trial; exhibits – necessity to read admitted exhibits aloud to accused; failure to call crucial witnesses – adverse inference; retrial – when not in interest of justice.
|
2 April 2020 |
| March 2020 |
|
|
Failure to sum up material evidence to assessors vitiated the trial; conviction quashed and retrial ordered.
Criminal procedure – Assessors’ involvement – Duty to sum up evidence to assessors (s.265, s.298(1) CPA) – Inadequate summing up renders trial without aid of assessors and is a nullity – Remedy: quash conviction and order retrial (s.4(2) AJA).
|
27 March 2020 |
|
Extension of time granted where applicant accounted for delay and indicated intended ground (manifest error); Single Justice must not decide substantive merits.
Criminal practice — extension of time — Rule 10 Court of Appeal Rules — good cause assessed by factors including length and reasons for delay, arguability and prejudice. Review procedure — Rule 66(1) — indication of intended grounds (manifest error on the face of the record) suffices at extension stage; detailed proof of merits not required. Limitation on Single Justice — must not determine substantive merits when deciding extension applications.
|
26 March 2020 |
|
Certified copy of term deposit rightly excluded; applicant failed to prove existence of the fixed deposit on balance of probabilities.
Evidence Act (ss. 61, 65–68) – best evidence rule – proof of contents of documents – secondary evidence – requirement to serve notice or procure original holder's attendance; Banking law – alleged fixed deposit – necessity of primary documentary proof for written agreements; Civil procedure – standard of proof – balance of probabilities; Adverse inference – no duty to call witnesses where respondent denies transaction; First appellate reappraisal – rule 36(1)(a).
|
26 March 2020 |
|
Applicant failed to show good cause for extension to lodge review due to unexplained delay; application dismissed.
Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – requirement to show good cause; must account for each day of delay; length and reason for delay and arguability relevant. Review procedure – Rule 66(3) – copy of judgment to be annexed; late supply may justify some delay but applicant must explain all periods. Jurisdiction – Single Justice on extension applications should not probe substantive merits of intended review.
|
26 March 2020 |
|
A defective certificate of delay that omits exclusion of days or records a wrong date is vitiated and must be rectified and re‑lodged.
Civil procedure – certificate of delay – defective certificate – failure to exclude aggregate days and incorrect application date – error vitiates certificate. Court of Appeal Rules (Rule 90(1), Rule 4(2)(a)(b)) – rectification and lodging of supplementary record of appeal.
|
26 March 2020 |
|
A certificate of delay with material errors is vitiated; court allowed rectification and ordered lodging of a rectified certificate within 30 days.
Civil procedure – Certificate of delay – Material errors (wrong application date; failure to exclude days under Rule 90(1)) vitiate certificate; rectification permitted; lodging of rectified certificate as supplementary record of appeal; responsibility of Registrar and duty of party to seek correction.
|
26 March 2020 |
|
Assessor cross‑examination and improperly read exhibits rendered trial unfair; convictions quashed for insufficient corroborated evidence.
Criminal procedure – assessors’ role – assessors must not cross‑examine witnesses (s.177 Evidence Act); preliminary hearing formalities – cautioned statements and exhibits must be read over to accused (s.192(3) CPA); sufficiency of evidence – unreliable eyewitness testimony and uncorroborated cautioned statement cannot sustain a murder conviction; remedy – vitiated proceedings may be nullified but retrial is discretionary and not automatic.
|
25 March 2020 |
|
Appellant's murder conviction and death sentence upheld on cumulative circumstantial evidence, despite expunging the unread Post-Mortem report.
Criminal law – Murder – Circumstantial evidence – Last seen with victim and possession of suspected weapon – Chain of circumstantial facts must be complete and point irresistibly to guilt; Post-Mortem report must be read out when tendered; minor inconsistencies in dates immaterial where charge correctly pleads assault date.
|
24 March 2020 |
|
Review application dismissed: complaints were re‑argument of appeal, not a manifest error on the face of the record.
Appellate review — Review jurisdiction under s.4(4) AJA and Rule 66(1) — Manifest error on face of record — Standard requires obvious, self-evident mistake — Review distinct from appeal — Mesne profits and set-off where partial payment established.
|
20 March 2020 |
|
Failure to comply with section 231(4) CPA in denying defence witnesses rendered subsequent proceedings a nullity; trial to resume.
Criminal procedure – Right of accused to call witnesses – Section 231(1) and (4) CPA – Trial court must inquire into absence of defence witnesses, compel attendance or record reasons – Failure renders proceedings a nullity – Appellate court’s revisional powers to quash and order recommencement of trial.
|
19 March 2020 |
|
Where retrenchment is substantively fair but procedurally defective, courts may award less than twelve months' compensation.
Labour law – retrenchment – operational requirements – validity and fairness of termination for renovation and safety reasons. Labour law – retrenchment procedure – section 38 E.L.R.A. – requirement to give notice, disclose information and consult; failure to issue formal retrenchment notice and inadequate consultation. Employment compensation – unfair termination – discretion to award less than statutory twelve months' remuneration where unfairness is procedural only.
|
18 March 2020 |