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Citation
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Judgment date
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| November 1985 |
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A Notice of Appeal filed late without a granted extension of time is incompetent and must be struck off the register.
* Criminal procedure – appeal – extension of time to appeal – refusal by High Court renders subsequent late Notice of Appeal in Court of Appeal incompetent; * Procedure – striking off Notice of Appeal – Rule 3(2)(a) of the Court of Appeal Rules.
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26 November 1985 |
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Reported
Criminal Practice and Procedure - Charges - Essential element of offence left out- Defective - When defect may vitiate proceedings.
Evidence - Corroboration - Failure of magistrate to warn himself of the danger to convict without corroborative evidence - When fatal to proceedings. |
15 November 1985 |
| October 1985 |
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Reported
Rent Restriction Act - Landlord and Tenant - National Housing Corporation exempted from the provisions of sections 19 and 20 of the Rent Restriction Act - Such exemption attaches to premises.
Landlord and Tenant - Tenant sublets to its employee - Tenant seeks to repossess premises on employee resigning from employment -
Landlord offers tenancy to the subtenant - Whether such offer terminates tenancy between the landlord and the tenant- Rent Restriction Act, ss. 19 and 20 - G.N. 86 of 1970. |
18 October 1985 |
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Refusal to allow unrepresented appellants to call further evidence justified setting aside judgments and ordering retrial.
* Criminal/Civil procedure – Right to a fair trial – Adjournment and opportunity to adduce evidence – Refusal to allow unrepresented parties to call further evidence amounting to procedural unfairness warranting retrial.
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9 October 1985 |
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An appeal from a High Court ruling on a chamber summons is an order requiring leave; appeal struck out for lack of leave.
* Probate and Administration – administrators’ powers – sale by a single administrator under Probate and Administration Ordinance (s.100). * Civil procedure – chamber summons for directions under Probate Rules – distinction between an order and a decree. * Appeals – requirement of leave under s.4(1)(c) Appellate Jurisdiction Act where impugned decision is an order. * Procedural competence – failure to obtain leave renders appeal incompetent and liable to be struck out.
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8 October 1985 |
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Appeal dismissed: occupant did not acquire ownership by improvements; allowed time‑limited removal of her materials at her expense.
* Land law – ownership of unsurveyed plot – credibility of evidence about purchase and occupation. * Possession and improvements – occupancy does not confer ownership by making improvements. * Remedies for improvements – limited right to remove fixtures; possible compensation noted but not granted. * Appellate procedure – High Court review of conflicting lower court findings affirmed.
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7 October 1985 |
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Occupier who improved another’s plot with knowledge of ownership is not entitled to compensation but may remove improvements within set timeframe.
Property law – occupation of unsurveyed land – improvements made by occupier who knew land belonged to another – no entitlement to compensation; limited right to remove improvements at occupier’s expense – appellate review of findings of fact and credibility.
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7 October 1985 |
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Appellate court upheld murder conviction, preferring extra‑judicial statement and finding no provocation to reduce the offence.
* Criminal law – Evidence – credibility assessment – preference for extra‑judicial statement over inconsistent unsworn in‑court statement.
* Criminal law – Defences – provocation – when alleged provocation fails to reduce murder to manslaughter.
* Criminal law – Sufficiency of evidence – injuries and surrounding circumstances supporting conviction for murder.
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4 October 1985 |
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Belated self‑defence claim found fabricated; murder conviction and sentence upheld and appeal dismissed.
* Criminal law – murder – credibility of accused’s self‑defence/provocation plea; recent fabrication and improbability of late defence; inconsistent statements to police and witnesses; withdrawal of counsel and self‑representation – no prejudice.
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3 October 1985 |
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Appellant’s belated self-defence claim rejected as afterthought; conviction for murder upheld and appeal dismissed.
* Criminal law – Murder – proof beyond reasonable doubt – reliance on medical and circumstantial evidence (drag marks, hidden grave, recovered property). * Credibility – late and inconsistent defence account as afterthought – effect on self-defence/ provocation plea. * Confession/extra-judicial statements – statements to police that accused killed because deceased was "too proud" used as evidence of intent. * Criminal procedure – withdrawal of counsel – right to self-representation and requirement of showing prejudice before interference.
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3 October 1985 |
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Appeal dismissed: strong forensic and circumstantial evidence and implausible late self-defence claim upheld conviction.
* Criminal law – Murder – sufficiency of evidence and credibility of witnesses; identification of victim's property and physical evidence linking appellant to the scene. * Criminal law – Self-defence / provocation – late ad hoc defence raised at trial, improbable and unsupported by contemporaneous statements. * Criminal procedure – right to counsel and self-representation – withdrawal of counsel and appellant proceeding in person did not vitiate trial or cause prejudice.
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3 October 1985 |
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Court reduced a manifestly excessive ten-year manslaughter sentence to five years given provocation and mitigating factors.
* Criminal law – Manslaughter – Sentence manifestly excessive – Appeal court reducing sentence. * Mitigation – provocation/heat of passion, intoxication, deceased as aggressor, guilty plea, first offender, pre-sentence custody. * Sentence appellate review – adjustment of term without disturbing conviction.
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2 October 1985 |
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Appellate court reduced a manifestly excessive 10-year manslaughter sentence to 5 years given mitigation and circumstances.
Criminal law – Manslaughter – Sentence; mitigation: provocation/heat of passion, victim as aggressor, guilty plea, first offender, time in custody – appellate reduction of manifestly excessive sentence.
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2 October 1985 |
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Sentence for manslaughter reduced from 10 to 5 years due to mitigating circumstances and manifest excessiveness.
Criminal law – Manslaughter – sentence – manifestly excessive – mitigation: provocation, heat of passion, mutual intoxication, aggressor status, guilty plea, first offender, pre‑sentence custody – reduction of sentence.
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2 October 1985 |
Civil Practice and Procedure - Appeals - Appeal against orders - Appeal against an order on an application for directions of the court u/r 105 of the Probate Rules - Whether ruling of the court is appealable as of right -Civil Procedure Code, ss.3, 22 and Order 43, Rule 2. |
1 October 1985 |
| September 1985 |
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Reported
Contract - Fraud - Conspiracy between employee of appellant company and respondent company to defraud appellant - Agreement void and unenforceable.
Contract - Sale of machinery - No price agreed - Agreement void for uncertainty - S. 29 Law of Contract Ordinance, Cap. 433. |
1 September 1985 |
| August 1985 |
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An exemption order under s.1(2)(b) of the Rent Restriction Act, approved by the National Assembly, is intra vires and not subject to required tenant consultation.
* Rent Restriction Act – s.1(2)(b) – Ministerial power, with National Assembly approval, to exempt premises or classes of premises from Act.
* Judicial review – validity of statutory exemption orders – order made in compliance with statute and Assembly approval is intra vires.
* Administrative law – consultation requirements – no duty to consult individual tenants before legislative exemption order.
* Rent disputes – courts will not interfere with statutorily-made exemptions or consequent rent increases absent illegality.
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22 August 1985 |
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Appellant's claim of provocation inadequate; conviction for murder upheld and appeal dismissed.
Criminal law – Murder – Fatal cutting of throat causing severed carotid arteries – No legal provocation where motive was revenge against another person – Appeal dismissed.
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19 August 1985 |
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A second appeal is incompetent where concurrent, evidence‑supported factual findings (e.g., identification) raise no question of law.
* Criminal law – appeals – second appeal – competency where concurrent factual findings by courts below are supported by evidence. * Criminal law – identification – recognition by complainant and engine number evidence are factual issues. * Appellate procedure – no proper question of law arises from factual disputes resolved by lower courts.
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19 August 1985 |
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Reported
Criminal Practice and Procedure - Restitution order- Rightful owner of property not established - Whether proper to make any order of restitution. |
16 August 1985 |
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Additional evidence was inconclusive; acquittal upheld, but orders returning proceeds and cattle to the respondent set aside.
Criminal law – Appeal against acquittal – Additional evidence under s.151 and s.322(1) Criminal Procedure Code – Identification of stolen property – Insufficiency of vague/inconclusive evidence – Orders for restitution and disposition of proceeds; civil remedy for ownership.
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16 August 1985 |
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Acquittal for cattle theft upheld; orders returning proceeds and cattle set aside for lack of proved ownership.
Criminal law – appeal against acquittal – additional evidence (ss.151, 322(1) CrPC) – identification of stolen property – failure to prove ownership – inappropriate restitution and forfeiture of proceeds – civil remedy for property ownership.
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16 August 1985 |
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Acquittal upheld where additional evidence failed to prove identification or ownership; restitution orders set aside.
* Criminal procedure – Additional evidence under s.151 and s.322(1) CPC – Weight and adequacy of supplementary testimony in proving identification and ownership. * Evidence – Identification of stolen property – Prosecution must establish ownership and identity of animals beyond reasonable doubt. * Restitution and forfeiture – Court may set aside restitution or monetary return where ownership is unproven; proceeds may be forfeited to the State. * Civil remedy – Ownership disputes may be resolved by civil action when criminal proceedings do not determine ownership.
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16 August 1985 |
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Circumstantial and forensic evidence plus custody/abandonment satisfied s.293(e) to uphold a murder conviction during a robbery.
* Criminal law – murder in course of robbery – circumstantial evidence and identification. * Forensic linkage of remains to abducted victim – clothes, earrings, bones, skull and hair. * Section 293(e) Penal Code – liability where accused had custody/possession and abandoned victim causing death. * Absence of direct evidence of cause of death does not preclude murder conviction when circumstantial evidence establishes causation and guilt.
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15 August 1985 |
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Conviction upheld where appellant abducted and abandoned a child, causing death under section 203(e) of the Penal Code.
Criminal law – murder – circumstantial evidence and identification – discovery of human remains and personal effects – custody, abandonment and causation under s.203(e) Penal Code – conviction upheld.
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15 August 1985 |
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Circumstantial and identification evidence justified a murder conviction under section 203(e) despite no direct proof of cause of death.
Criminal law – murder in course of robbery – circumstantial evidence; eyewitness identification by headlight sighting; forensic linkage of remains; causation under section 203(e) of the Penal Code; conviction justified despite no direct proof of exact cause of death.
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15 August 1985 |
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Appeal against murder conviction dismissed; no legal provocation or established insanity, conviction upheld.
Criminal law – Murder – Unprovoked fatal assault with a weapon – Eyewitness evidence and admission – Insanity defence not established – No legal provocation.
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15 August 1985 |
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Insanity plea and provocation claim rejected; murder conviction upheld on eyewitness and admission evidence.
Criminal law – Murder – Eyewitness evidence and admission to police – Plea of insanity – Rejection of insanity defence – Provocation – absence of legal provocation to reduce culpability.
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15 August 1985 |
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Appeal dismissed: eyewitness evidence and admission supported murder conviction; insanity and provocation defences rejected.
* Criminal law – Murder – Evidence – Eyewitness testimony and extra-judicial admission sufficient to convict.
* Criminal law – Defences – Insanity plea: absence of evidence to support non compos mentis finding.
* Criminal law – Defences – Provocation: no legal provocation shown; belief in witchcraft not a defence.
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15 August 1985 |
| June 1985 |
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Land Law - Customary title - Right over land under native law and custom - Person claiming such right must prove he is a native. Land Law - Village Councils - Whether land possessed by villages C automatically vested in village councils aftertheir establishment. Land Law - Licensees - Trespass over licensees’ rights - Damages awardable. |
21 June 1985 |
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A delegated Area Board validly disciplined a bank employee for disregarding garnishee orders; dismissal upheld.
Administrative law – delegation of disciplinary powers under Regulation 7(6) G.N.326 – Area Board jurisdiction; Employment discipline – breach of garnishee orders as misconduct; Procedural fairness – opportunity to be heard; Judicial review – certiorari not merited.
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6 June 1985 |
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Whether the employer validly terminated for repeated failure to proceed and whether the arbitrator adequately considered extension of time.
Contract law – construction contracts – clause 25(1)(b) – notice of default, repetition vs continuance of default, and ten‑day termination requirement; Arbitration – jurisdiction and conduct of arbitrator – adequacy of consideration of extension‑of‑time claims; Remission of monetary award for inadequate reasoning and recalculation; Orders as to plant/equipment and costs.
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4 June 1985 |
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Insanity plea rejected where weak psychiatric evidence and concealment of the body demonstrated the appellant's knowledge and guilt.
Criminal law – murder – insanity plea – weight and sufficiency of psychiatric evidence – circumstantial evidence and concealment as proof of knowledge and guilt.
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3 June 1985 |
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Whether internal surveying fees are payable before an offer/grant of Right of Occupancy and limits on relief from a struck-out counterclaim.
Contract law – construction and performance of surveying contract; distinction between external (boundary) and internal (detailed) surveys; Right of Occupancy as precondition to internal survey payment; counterclaim struck out – trial court cannot grant relief on struck-out counterclaim; entitlement to fees for completed external survey.
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1 June 1985 |
| May 1985 |
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Insufficient identification of goods defeated theft and burglary convictions, but possession of suspected stolen property warranted conviction under s.312(1)(b).
Criminal law – Theft and store-breaking – adequacy of identification of stolen goods – circumstantial evidence of possession – conviction substituted under section 312(1)(b) Penal Code – appellate power to quash convictions and substitute alternative offence; compensation order set aside.
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8 May 1985 |
| April 1985 |
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Criminal Practice and Procedure - Appeals - Appeal out of time - Application for appeal out of time -Applicant’s affidavit no reasons - Whether proper - Tanzania Court of Appeal Rules, 1979. Criminal Practice and Procedure - Appeal out of time - Issue of fundamental importance to be argued on the intended appeal - Whether appeal should be admitted for hearing - Economic and Organized Crime Control Act, 1984. |
27 April 1985 |
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Applicant granted extension to appeal bail rulings due to novel, public‑importance issue about court composition for bail decisions.
Appeal procedure — leave to file notice of appeal out of time — meaning of 'sufficient reason' — consideration of delay, surrounding circumstances and public importance; Economic and Organised Crime Control Act, 1984 — composition of Economic Crimes Court — whether lay members must sit for bail applications; Rule 61 Court of Appeal Rules 1979 — deadline for notice of appeal.
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27 April 1985 |
| January 1985 |
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Circumstantial and medical evidence disproved suicide, established intent to kill, and appeal was dismissed.
Criminal law – Murder – Circumstantial evidence and scene analysis – Medical evidence excluding suicide – Intent to kill inferred from nature of wound – Appeal dismissed.
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1 January 1985 |
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Refusal of sex did not amount to provocation; the applicant's delayed, deliberate killing amounted to murder.
Criminal law – Murder – Deliberation and premeditation where appellant waited and fetched an axe before killing; Provocation – refusal of sex does not amount to legal provocation.
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1 January 1985 |
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Subsequent suit dismissed as res judicata where earlier proceeding had finally enforced a Labour Commissioner’s order; remedy was appeal.
Res judicata – prior determination – application treated as enforcement of Labour Commissioner’s order – decree under Security of Employment Act; remedy by appeal, not fresh suit; admissibility of evidence does not negate finality for res judicata purposes.
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1 January 1985 |