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Citation
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Judgment date
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| December 1987 |
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Elections – Election Petitions – Role of the Attorney General in Electoral Petitions
Elections - Election Petitions - Parties to Election Petitions
Elections – Election Offences and Regularities – Voter Intimidation
Elections – Election Petitions – Nullification of Elections
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18 December 1987 |
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A later inflammatory publication showing racial malice can negate qualified privilege and establish defamation.
Defamation — publications relating to religious leaders — whether statements were defamatory; malice and negation of qualified privilege; use of subsequent inflammatory publications to infer improper motive; role of racial overtones in establishing malice.
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18 December 1987 |
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Whether inflammatory, racially‑tinged letters negate qualified privilege and amount to actionable defamation.
Defamation – publications to religious authority; qualified privilege – whether applicable; malice – demonstrated by racial vilification and inflammatory accusations; qualified privilege negatived; remedy: dismissal and costs.
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18 December 1987 |
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The applicant's defamation claim over an internal company letter was dismissed; statements held non‑defamatory and occasion privileged.
Defamation – legal test: falsehood alone insufficient; must injure reputation among a substantial respectable class; narration of events not defamatory; allegations of personal wealth not necessarily defamatory; qualified privilege – communication to third party for delivery to intended official within exigency does not defeat privilege.
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18 December 1987 |
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Reported
Land Law - Disposition - Of Right of Occupancy - Allegation disposition is tainted with fraud - Rights of bonafide purchaser
for value.
Evidence - Disposition of Right of Occupancy - Allegation disposition is tainted with fraud - Standard of proof |
18 December 1987 |
| October 1987 |
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30 October 1987 |
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Principal must reimburse agent who paid customs duties; agents and owners both liable under customs statute.
Customs law – Agent liability – Reimbursement of duties paid by agent – East African Customs and Transfer Tax Management Act ss.126–127 – Owner liability for acts of authorised agent – Effect of alleged agent negligence.
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30 October 1987 |
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A clearing agent who pays customs duties following an audit is entitled to reimbursement from the principal absent agent negligence.
Customs law – clearing and forwarding agents – liability for customs duty and sales tax discovered on audit – agent payment and right to reimbursement by principal – relevance of sections 126 and 127 of the East African Customs and Transfer Tax Management Act – absence of agent negligence.
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30 October 1987 |
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Appeal dismissed: circumstantial and forensic evidence upheld conviction; psychiatric and unsworn statements did not create reasonable doubt.
* Criminal law – Murder – Circumstantial evidence and forensic blood-group comparison – Whether evidence proves guilt beyond reasonable doubt
* Criminal procedure – Appellate review – Deference to trial judge’s credibility and factual findings
* Evidence – Unsworn statement – Weight and effect when not tested by cross-examination
* Mental capacity – Psychiatric examination showing personality traits not amounting to abnormality affecting criminal responsibility
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26 October 1987 |
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Appellate court upheld murder conviction based on eyewitness, post‑mortem and forensic blood evidence, dismissing the appeal.
Criminal law – Murder – Sufficiency of circumstantial and forensic evidence; post-mortem findings; weight of unsworn statement and psychiatric report; appellate review of trial judge’s factual findings.
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26 October 1987 |
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Reported
Evidence - Corroboration - Requirement of corroboration in sexual offences.
Evidence - Being in unlawful possession - Elements to be proved.
Criminal Practice and Procedure - Identification parade - Its purpose. |
22 October 1987 |
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Court upheld possession conviction for a pistol found under the appellant’s pillow, rejecting parade‑propriety challenge and dismissing the appeal.
* Evidence – Identification – Identification parade is collateral corroborative evidence and not substantive; prosecution need not prove parade propriety absent challenge. * Criminal law – Possession – Knowledge and control required; possession may be inferred from circumstances (weapon found under accused’s pillow). * Procedure – Misjoinder of counts – Charging several accused with possession of multiple firearms where evidence supports separate counts is an error but not necessarily fatal if no injustice results.
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22 October 1987 |
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Appellant's defences of self‑defence and provocation rejected; murder conviction and death sentence upheld.
Criminal law – murder – self‑defence and provocation – nature and extent of injuries not dispositive of defences – credibility of eyewitness (stepmother) – misdirection and safety of conviction.
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21 October 1987 |
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Non‑compliance with s.196 deprived the trial of jurisdiction; conviction quashed and retrial ordered.
Criminal procedure – Section 196 (transfer of trial between magistrates) – Successor magistrate must record why predecessor could not continue and inform accused of right to recall witnesses; failure renders trial nullity. Appeal – First appeal as retrial – appellate court must re‑evaluate evidence, not merely adopt trial court’s findings. Interests of justice – retrial ordered where public interest and strength of prosecution justify rehearing.
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20 October 1987 |
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Single-blow fatal attack with a bill hook plus admissions and eyewitnesses established malice aforethought; appeal dismissed.
Criminal law – Murder – Malice aforethought established by weapon, nature of attack and admissions; Provocation must be proximate and substantial to reduce murder; Extra-judicial confession and eyewitness evidence corroborative; Intoxication must be proved to negate responsibility.
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7 October 1987 |
| September 1987 |
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Appellate court quashed extradition refusals, finding magistrate should have inquired further into alleged diplomatic extradition arrangements.
Extradition law – preliminary inquiry under Extradition Act 1965 – magistrate’s active duty to investigate – uncertified diplomatic notes lack evidential value but trigger inquiry – appellate interference justified where lower tribunal failed to pursue relevant evidence.
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30 September 1987 |
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Reported
Tort - Defamation - Libel - Qualified privilege as a defence -Circumstances disallowing the defence. |
18 September 1987 |
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Appellate court reversed acquittal and found respondent 'guilty but insane' based on ingestion of concoction and abnormal behaviour.
Criminal law – murder – special finding of 'Guilty but Insane' under s.219 Criminal Procedure Act; evidence of ingestion of concoction and contemporaneous abnormal conduct; appellate substitution of verdict on record.
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14 September 1987 |
| August 1987 |
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Elections – Election Campaigns - Regulation of Election Campaigns
Elections - Election Offences and Irregularities - Bribery and Corrupt Practices
Elections – Election Petitions - Burden of Proof in Election Cases |
7 August 1987 |
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An appeal against a winding-up order was struck out as incompetent due to late notice, no extension application and absence of leave to appeal.
Companies law – winding-up order – appellate competence of a company after winding-up; requirement for leave to appeal under Appellate Jurisdiction Act/Court of Appeal Rules; procedural requirements for notice of appeal and extensions of time; preliminary objections — required notice and affidavit; conflict of interest where counsel acts for both creditor and liquidator; irregular appointment of liquidator.
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7 August 1987 |
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Reported
Company Law - Appeals - Competence to - Whether court order to wind up a company makes it incompetent to appeal.
Civil Practice and Procedure - Appeals - Failure to obtain leave of the High Court -S.5(l) of the Appellate Jurisdiction Act, 1979 - Rule 44 of the Court of Appeal Rules - Whether makes the appeal incompetent - Delay in filing of notice of appeal - Effect.
Court of Appeal Rules - Appeals - Failure to obtain leave of the High Court - Effect - Rule 44 of the Court of Appeal Rules.
Court of Appeal Rules - Notice of appeal - Delay in filing notice of appeal - Effect.
Civil Practice and Procedure - Notice of motion - Delay in filing notice of appeal - Effect. |
7 August 1987 |
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Reported
Evidence - Credibility - Whether trial judges’ refusal to accept evidence of witnesses of the appellant is irregular - Whether failure of PWs to make any reference to the “President” in
Their testimony is a material deftacting circumstance - Whether failure of petitioner to complain to the committee at a review meeting and the absence of any complaint by the said appellant in exhibit D.15 also detracted from the evidence of the case.
Election petition -Avoidance of election - Whether addressing rally
About personal achievements 01 past performance contravenes
8 s. 51(4), 97(a) and 108(3)(a) and necessarily calls for avoidance of election under ss. 97(a) and 108(3)(a) - Election Act, 1985. Election petition - Corrupt motive - Whether services through Tanzania Railways Corporation and Tanzania Dairies Ltd by respondent direct or for social development infer corrupt motive.
Civil Practice and Procedure - Preliminary objection - Whether sustainable where there is disclosure of cause of complaint. |
7 August 1987 |
Elections - Election Petitions - Illegal Campaigns
Elections - Election Petitions - Standard of Proof in Election Petitions
Elections - Election Petitions - Nature of Election Petitions
Elections - Election Petitions - Jurisdiction of the High Court and Court of Appeal in Electoral Cases |
7 August 1987 |
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Alleged donation to a school did not prove bribery; appeal dismissed for lack of proof.
* Election law – alleged bribery/undue influence – donation to school during campaign period – whether donation constitutes corrupt electoral inducement; * Evidence – witness credibility and assessment by trial judge – appellate deference to factual findings; * Remedy – dismissal of election petition where bribery not proved.
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7 August 1987 |
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Charitable donation shortly before polls did not establish bribery; trial judge's credibility findings upheld; appeal dismissed.
Election law – Alleged bribery by candidate’s charitable donation to a school; credibility of witnesses; timing and motive for donation; appellate deference to trial judge’s factual findings.
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7 August 1987 |
| July 1987 |
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Leave to seek mandamus denied where dispute arose from a private government contract and arbitration/contractual remedies were available.
Government contracts; mandamus requires existence of public or statutory duty; leave to apply for prerogative orders may be refused where essential requirements for the order are lacking; arbitration clause and alternative contractual remedy; Government Proceedings Act s.3(1) – government subject to contractual liabilities like a private person.
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29 July 1987 |
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Reported
Civil Practice and Procedure - Costs - Whether payable on withdrawal of appeal in civil matters - Rules 95 and 95(4) of Court of Appeal Rules.
Court of Appeal Rules - Costs - Whether payable on withdrawal of appeals in civil matters - Rules 95 Court of Appeal Rules. |
29 July 1987 |
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Appeal and cross-appeal dismissed: damages for libel upheld and not to be adjusted for past inflation.
Defamation—assessment of general damages—factors relevant to quantum (circulation, refusal to apologize, loss of prospective business, prior income, failure to prove actual loss); Damages—currency value—awards presumed to be valued at date of judgment unless stated otherwise.
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29 July 1987 |
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Court deleted an unintended, unconsented back-dated occupancy term from an on-admission judgment and awarded costs.
Consent judgment — scope of suit — court recording of consent terms — impermissible back-dated occupancy term — deletion of unintended order provisions — costs awarded.
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29 July 1987 |
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Reported
Tort - Defamation - Libel - Damages - Whetherquantum ofdamages too excessive.
Tort - Damages - Assessment of - Whether quantum ofdamages to the tune of Shs 200,000/= not adequate. |
28 July 1987 |
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High Court of the United Republic has exclusive jurisdiction over parliamentary election petitions but cannot sit in Zanzibar.
Constitutional law — election petitions — Article 83 (exclusive original jurisdiction of High Court of the United Republic) — Article 115(2) (concurrent jurisdiction) — territorial jurisdiction — High Court of the United Republic cannot sit in Zanzibar to try National Assembly election petitions.
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22 July 1987 |
Election Petition - Irregularity - Failure to comply with the provi- sions of a booklet - However, s.61(c) (Hi) of the Elections Act, 1984 complied with - Whetherfatal irregularity Election Petition - Evidence - Failure to call an important witness - Whether necessarily calls for an adverse inference to be drawn against the party who failed to call the witness |
22 July 1987 |
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22 July 1987 |
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Whether lone unreliable witness evidence can void an election; court found illegal campaigning and excluded tainted votes, nullifying the election.
* Election law – alleged bribery of voter – credibility and sufficiency of solitary witness evidence for voiding election. * Election law – illegal campaign activity (use of disputed land as campaign issue). * Election procedure – non‑compliance at polling stations; exclusion of tainted votes and effect on result. * Standard for setting aside election: reliability of evidence and material effect of excluded votes.
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22 July 1987 |
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Conviction was unsafe where single unreliable identification and non‑production of a key witness warranted an adverse inference.
* Criminal law – identification evidence – danger of convicting on a single identifying witness where visibility and circumstances are unfavourable.
* Evidence Act s.122 – adverse inference for failure to call a key witness who is likely to give decisive evidence.
* Criminal liability – requirement of proof beyond reasonable doubt and absence of evidence of common intention to impute responsibility for another’s act.
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4 July 1987 |
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Conviction under the Economic Crimes Act quashed for insufficient proof and invalid sentencing after split bench.
* Criminal law – Economic and Organized Crime Control Act – s.65(4): cases pending with police at commencement may be instituted under Act. * Criminal procedure – right to appeal – s.61: "decision"/"ruling" includes interlocutory rulings; leave to appeal should not be denied by unduly restricting meaning. * Evidence – burden of proof: prosecution must prove guilt beyond reasonable doubt; accused not required to prove innocence or produce documents absent recognised exceptions. * Proof – insufficiency where account balance at time of authorization and meaning of "clearing" not established. * Sentencing – s.16: sentence must be decided by majority; judge alone cannot validly impose sentence after a split bench.
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4 July 1987 |
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Conviction quashed for insufficient evidence and trial misdirections including improper burden-shifting and invalid sentencing.
Economic and Organised Crime Act – application to cases pending with police; appealable "decision" under s.61 includes interlocutory rulings; burden of proof remains on prosecution; impermissible shifting of burden to accused to produce documents; admissibility/need to call bank procedural manuals; insufficiency of evidence where account status at time of authorisation not proved; sentence invalid where not decided by majority (s.16).
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4 July 1987 |
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Appellant's conviction under the Economic Crimes Act quashed for insufficient evidence, misdirected burden and invalid solitary sentencing.
Economic Crimes — s65(4) pending police cases may be instituted under the Act; Appeals — s61 'decision' includes interlocutory rulings; Evidence — burden remains on prosecution to prove guilt beyond reasonable doubt; Trial misdirection — improper burden shift to accused to produce documents; Sentencing — s16 requires majority decision; conviction quashed for insufficient evidence and procedural errors.
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4 July 1987 |
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Appellant's self-defence and provocation defences failed; murder conviction and death sentence upheld.
* Criminal law – murder – credibility of eyewitnesses – trial court entitled to prefer direct eyewitness testimony over accused's contrary account.
* Self-defence – accused failed to prove unlawful attack or necessity of defensive force.
* Provocation (ss.201–202 Penal Code) – requirements include wrongful act done to accused or in his presence; information of a prior wrong does not constitute provocation but amounts to revenge.
* Manslaughter – not available where killing follows retaliation rather than heat-of-passion provocation.
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4 July 1987 |
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Self-defence found plausible but excessive use of a firearm reduced murder to manslaughter with a ten-year term.
Criminal law – murder v manslaughter; self-defence; provocation; proportionality of force; appellate substitution of conviction and sentence.
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4 July 1987 |
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Appellant’s claim of self-defence reduced murder conviction to manslaughter due to disproportionate use of lethal force.
Criminal law – Murder v Manslaughter – malice aforethought not proved; self-defence available but defensive force excessive; provocation unavailable; appellate substitution of conviction and sentence.
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4 July 1987 |
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A repudiated extra-judicial confession corroborated by forensic and circumstantial evidence sustained a murder conviction.
Criminal law – extra-judicial confession – repudiated confession and corroboration – circumstantial evidence – forensic corroboration (post-mortem injuries) – recovery of alleged weapon – participation in murder versus accessory.
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4 July 1987 |
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Appeal dismissed: disturbance was an attempted robbery, appellant a robber, common intention established, murder conviction upheld.
Criminal law — robbery versus fight; identification in well‑lit scene; causation of death when assailant not seen; malice aforethought; common intention (s.23 Penal Code); appeal dismissed.
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3 July 1987 |
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Appeal dismissed: robbery, reliable identification, common purpose found, malice inferred—murder conviction and death sentence affirmed.
Criminal law – murder – identification at scene – adequacy of lighting and familiarity with accused; common purpose (section 23 Penal Code) – liability for killing by co-participant; inference of malice from nature of attack and weapons; evaluation of eyewitness and postmortem evidence.
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3 July 1987 |
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Conviction quashed where possession not proved and a repudiated, uncorroborated confession could not rebut statutory presumption.
Criminal law – possession of goods reasonably suspected to be stolen – presumption of possession under s.122 Evidence Act – repudiated confession requiring corroboration – insufficiency of evidence to prove control or possession – disposition of seized goods under s.44 Police Force Ordinance.
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3 July 1987 |
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Convictions quashed where uncorroborated accomplice and unreliable identification evidence failed to prove identity beyond reasonable doubt.
Criminal law – Identification evidence; accomplice evidence and need for corroboration; extra‑judicial exculpatory statements inadmissible to implicate others; ballistic evidence tempered by loss of documentary proof; unsafe identification parades and dock identifications.
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3 July 1987 |
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Convictions quashed where ballistic link and accomplice/identification evidence were unreliable and uncorroborated.
Criminal law — murder — identity of perpetrator — sufficiency of evidence; Ballistics evidence — link to accused insufficient without corroboration; Accomplice and extrajudicial statements — admissibility and need for corroboration; Identification evidence — dangers of suggestive parade and dock identification; Conviction unsafe where prosecution relies on uncorroborated accomplice testimony and unreliable identification.
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3 July 1987 |
| June 1987 |
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Accomplice testimony may suffice for conviction if credible on material points; night-time identification inconsistencies warranted acquittal of one accused.
Criminal law – accomplice evidence – weight and need for corroboration; Identification evidence – reliability in darkness and inconsistencies; Employee participation – distinction between minimal employment duties and active accomplice liability; Sentencing – appropriateness given scale of wildlife offence.
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12 June 1987 |
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Accomplice’s minimal involvement justified conviction of two appellants; third acquitted for unsafe identification.
Criminal law – accomplice evidence – when an alleged accomplice’s testimony may be accepted without corroboration; Identification evidence – reliability in nighttime conditions and inconsistent statements; Sentencing – appropriateness for large-scale wildlife offences.
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12 June 1987 |
| May 1987 |
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Appellant's claims of provocation and intoxication failed to defeat a murder conviction; appeal dismissed.
Criminal law – Murder – Provocation defence and voluntariness – whether insulting words and drunkenness negate intent; credibility of eyewitnesses; disposal of weapon as indicia of consciousness of action.
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28 May 1987 |