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Citation
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Judgment date
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| September 1990 |
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Notice of appeal filed out of time with no explanation was deemed withdrawn under Rule 84(a); respondent ordered to pay costs.
Civil procedure – Appeal – Time limits for instituting appeal – Failure to institute appeal within prescribed time and absence of explanation – Notice of appeal deemed withdrawn under Rule 84(a) – Costs ordered against respondent.
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21 September 1990 |
| August 1990 |
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Appeal dismissed: railway staff’s duties and evidence established knowledge and facilitation of conspiracy and theft.
Criminal law – Conspiracy and theft in transit; evidential weight of employees’ duties (shunters/pointsman) in inferring knowledge and facilitation; appeal — no material discrepancy warranting reversal.
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10 August 1990 |
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1 August 1990 |
| July 1990 |
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Court corrected its judgment under inherent jurisdiction for reliance on a non-existent exhibit, finding wrongful termination and reducing compensation.
Appellate jurisdiction — correction of judgment — Rule 40 and inherent jurisdiction to rectify accidental slips or false assumptions of fact — non-existent exhibit — tenancy termination — compensation limited to claimed amount — declaratory relief and costs.
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25 July 1990 |
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Presence of stolen goods in a shared room does not prove guilt absent proof of the accused's knowledge and consent.
* Criminal law – possession – doctrine of recent possession – where stolen goods found in premises shared by two persons, prosecution must prove knowledge and consent before attributing possession.
* Statutory construction – "possession" under the Penal Code includes knowledge and consent; co-occupant liability requires proof of custody or consent.
* Evidence – mere presence of stolen articles and occupants fleeing is insufficient to convict a co-tenant for theft.
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24 July 1990 |
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Appellant’s conviction for selling employer’s entrusted deep freezer upheld; appeal dismissed due to overwhelming evidence.
* Criminal law – disposal of employer’s property entrusted for repair – eyewitness and corroborative evidence establishing sale of property. * Evidence – inadequacy of uncorroborated alibi and weight of admissions. * Appeal – conviction upheld where evidence is overwhelming.
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23 July 1990 |
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Appeal struck out for failure to obtain required High Court leave under the Appellate Jurisdiction Act.
Appellate procedure – Requirement for leave to appeal from the High Court under the Appellate Jurisdiction Act – Failure to obtain leave renders appellate proceeding incompetent – Preliminary objection – Appeal struck out – Costs ordered each party to bear own costs.
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16 July 1990 |
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Repossession requires proof of reasonably equivalent alternative accommodation before evicting tenants.
Rent Restriction Act s.25(1)(e)(i)–(ii) – repossession for landlord’s own use – requirement that reasonably equivalent alternative accommodation be available; distinction where premises used for both residential and commercial purposes – alternatives serving only one purpose not reasonably equivalent; appellate review of factual findings; inadmissibility of additional evidence on uncontested factual issues.
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16 July 1990 |
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Repossession requires availability of reasonably equivalent alternative accommodation; mixed-use premises need equivalent mixed-use alternatives.
* Rent Restriction Act, s.25(1)(e)(i)&(ii) – requirement to establish availability of reasonably equivalent alternative accommodation before ordering repossession.
* Mixed-use premises – alternative accommodation must serve both residential and commercial uses to be reasonably equivalent.
* Appellate review – factual findings by housing tribunals not to be reopened absent proper basis; appellate courts should not take unnecessary additional evidence.
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16 July 1990 |
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A criminal appeal is to be marked abated under Rule 71 when the appellant’s death is certified and notified to the Court.
* Criminal procedure – appeal abatement – effect of appellant’s death; * Evidence/procedure – registrar’s notification and death certificate as proof; * Court Rule 71 – marking appeal as abated.
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12 July 1990 |
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Appeal marked abated under Rule 71 after registry produced a death certificate confirming the appellant's death.
Criminal procedure – Appeal abatement – Death of appellant – Application of Rule 71 of the Rules of the Court – Registry notification and death certificate as basis for marking appeal "Abated".
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12 July 1990 |
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Extension of time granted to prepare and file record of appeal due to confusing prior orders and procedural irregularities.
Appeal procedure – extension of time to prepare and file record of appeal – delay caused by confusing and conflicting prior orders – discretion to grant relief under Court of Appeal Rules (Rule 58(3)) – interest of justice to permit appeal to proceed.
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4 July 1990 |
| June 1990 |
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A seller who misleads a buyer about cheque payment cannot reclaim a vehicle after the buyer reimbursed the drawer in reliance on assurances.
Sale/Restitution – foreign-currency cheque – buyer reimbursing drawer in local currency in reliance on seller’s assurances; seller’s failure to verify cheque and misleading conduct; consideration found; restoration order reversed.
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17 June 1990 |
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Court stayed execution pending appeal, accepted third‑party title deeds as security, set aside prior High Court order, and ordered refund.
Stay of execution – application pending appeal – alternative security for costs and interest accepted by deposit of third party title deeds – prior High Court order set aside – refund of previously deposited sum – stay of proceedings pending appeal.
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1 June 1990 |
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Leave to appeal dismissed because conviction rested on factual findings (recent possession) not reviewable as questions of law.
* Criminal law – Theft of goods in transit – Doctrine of recent possession – Applicability where stolen goods found shortly after theft at accused's residence.
* Appellate jurisdiction – Limitation to matters of law under s.5(7)(a) Appellate Jurisdiction Act 1979 – appeals on factual findings and credibility are barred where evidence supports trial court.
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1 June 1990 |
| May 1990 |
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Appeal dismissed: identification, lack of provocation, and intentional renewed attack sustain double murder convictions.
Criminal law — Identification evidence — voice and sight recognition by known witnesses; Provocation — fresh unprovoked attack defeats the defence; Intoxication — voluntary drinking not negating intent where conduct shows deliberation; Proof of causation — absence of post‑mortem not fatal where eyewitness and medical evidence establish fatal injuries.
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31 May 1990 |
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Identification reliable; provocation and intoxication insufficient to overturn two murder convictions; appeal dismissed.
Criminal law – murder – identification by eyewitnesses (including voice identification) – provocation defence – intoxication as negating intent – absence of post‑mortem examination – sufficiency of evidence to uphold convictions and sentence.
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31 May 1990 |
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Court affirms that the church's 1978 constitution and society registration were valid; appeal dismissed.
Church law — constitutionality and governance — operative constitution (1978) replacing earlier constitution (1966); Societies Ordinance — registration of religious bodies and limited exemption for "congregations"; Trustees — status and removal; Civil procedure — capacity to counter‑claim and requirement (or not) of Attorney‑General's consent; Validity of ministerial transfers by Executive Committee; Alleged separate movement ("Pan African Evangelism") and its legal relevance.
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25 May 1990 |
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Appeal dismissed: intoxication and witness discrepancies insufficient to negate specific intent for murder, conviction and sentence upheld.
Criminal law – murder – credibility of prosecution witnesses – discrepancies do not automatically vitiate conviction where core story unchanged; Criminal law – intoxication – whether drunkenness negates specific intent for murder; Criminal procedure – provocation and assessors – judge’s duty to consider defences and evaluate evidence.
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23 May 1990 |
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Appellant's murder conviction upheld: provocation and intoxication did not negate intent; appeal dismissed.
* Criminal law – Murder – Credibility of eyewitnesses – Minor discrepancies do not necessarily defeat core testimony.
* Criminal law – Provocation – Slapping and subsequent push did not constitute provocation sufficient to reduce murder.
* Criminal law – Intoxication – Voluntary intoxication raised late and inconsistent with conduct; did not negate mens rea.
* Mens rea – Sharpening weapon, threats, disposal of knife and surrender indicative of intent to kill or cause grievous harm.
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23 May 1990 |
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Late filing of a reply and absence of leave justified the High Court’s entry of judgment on a counterclaim under the procedural rules.
Civil procedure — Counterclaim — Service and proof of receipt — Reply required within 21 days — Order VIII (rules on pleadings) — Leave to file late — Trial judge’s power under Rule 14 to pronounce judgment on counterclaim.
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23 May 1990 |
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Eyewitness identification by victim and known villager upheld; acquittal set aside and original conviction restored.
Criminal law – Robbery with violence – Identification evidence – Reliability where victim and witness knew accused – Effect of discrepancies in witness statements – Appellate review of conflicting findings of fact.
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15 May 1990 |
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The applicant’s appeal restored the respondent’s robbery conviction based on reliable eyewitness identification and medical corroboration.
Criminal law – robbery with violence – reliability of eyewitness identification in moonlight – materiality of discrepancies in testimony – corroboration by medical report – appellate review where lower courts conflict.
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15 May 1990 |
| April 1990 |
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Identification by known witnesses and evidence of unprovoked deliberate attack upheld murder convictions and sentence.
Criminal law – murder – identification evidence by known witnesses and voice recognition; provocation and intoxication defences – requirements for negating intent; absence of post‑mortem – when eyewitness evidence suffices to establish cause of death.
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30 April 1990 |
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23 April 1990 |
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Appeal against poisoning conviction dismissed; evidence upheld and defences of accident or insanity were not established.
* Criminal law – poisoning – whether evidence establishes intent to poison and cause death. * Criminal procedure – application of section 220(1) (accidental/other dispositions) and whether trial should have ordered detention. * Criminal responsibility – alleged insanity/mental incapacity as defence – sufficiency of proof. * Appeal against conviction – assessment of sufficiency and weight of evidence.
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11 April 1990 |
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Dying declarations corroborated by flight and extra‑judicial admission upheld; appeal against murder conviction dismissed.
Criminal law – murder – dying declarations – admissibility and credibility of inconsistent accounts – corroboration by flight and extra‑judicial confession – safety of conviction absent direct eyewitness.
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11 April 1990 |
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Appellant’s belated retraction of confessions and inadequate assessor directions did not undermine voluntary caution statement supporting murder conviction.
Criminal law – confession and caution statements – voluntariness and admissibility; retracted/repudiated confessions and need for corroboration; assessors’ directions on hostile witnesses; appeal against murder conviction and death sentence.
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11 April 1990 |
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Confessions and corroborating eyewitness and circumstantial evidence upheld murder convictions; appeals dismissed.
* Criminal law – Evidence – Credibility of witnesses who were arrested and later released – such interest does not automatically disqualify testimony if not substantiated.
* Criminal law – Admissibility and weight of extra‑judicial and cautioned statements – proper procedure and corroboration sustain reliability.
* Criminal law – Circumstantial and corroborative evidence – ownership of vehicle and consistent eyewitness accounts can corroborate confessions.
* Criminal law – Alibi – inconsistencies in alibi insufficient to raise reasonable doubt.
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11 April 1990 |
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An inconsistency in the number of seized items does not warrant quashing a conviction absent shown miscarriage of justice.
Criminal law – possession of protected wildlife parts – variance between particulars of offence, prosecutorial facts and valuation report – plea of guilty – appellate interference requires proof of miscarriage of justice.
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11 April 1990 |
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Court upholds murder convictions: eyewitness identification reliable and accomplice testimony sufficiently corroborated to affirm sentence.
Criminal law – Murder – Identification evidence – Reliability of eyewitness identification at identification parade – Evaluation of inconsistencies between witnesses – Evidence of co-accused (accomplice) requiring corroboration – Corroboration by recovered stolen property – Appeal against conviction.
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11 April 1990 |
| March 1990 |
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A filed notice of withdrawal by the appellant mandates dismissal of the appeal under Rule 70(1) with consequent procedural notification.
* Criminal appeal — Withdrawal of appeal — Notice of withdrawal filed by appellant’s counsel — Effect: dismissal under Rule 70(1) Court of Appeal Rules 1979 — Requirement to give notification under Court of Appeal Rules.
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20 March 1990 |
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Appellant's written withdrawal of an intended appeal results in dismissal under Rule 70(1) with required notification under Rule 70(2).
Appellate procedure — Withdrawal of appeal by appellant in writing; Effect of Rule 70(1) (appeal deemed dismissed) and Rule 70(2) (notification) of the Tanzania Court of Appeal Rules.
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15 March 1990 |
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Appeal dismissed: conviction for unlawful firearm possession upheld and summarily rejected as devoid of merit.
* Criminal law – unlawful possession of a firearm – conviction based on arresting officers’ testimony; credibility of police witnesses. * Evidentiary issues – reliance on information from an informer who did not testify. * Appellate review – concurrent findings of fact; summary dismissal under s.4(4) Appellate Jurisdiction Act 1979.
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12 March 1990 |
| February 1990 |
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Voluntary intoxication did not negate intent to kill; trial court rightly rejected self-defence and intoxication, conviction affirmed.
Criminal law – Murder – Voluntary intoxication – Capacity to form intent – Self-defence – Appellate review of credibility and findings of fact – Conduct before and after offence as evidence of mens rea.
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23 February 1990 |
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23 February 1990 |
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High Court erred by reducing firearms-possession sentences using an outdated statutory maximum; trial sentences restored.
* Criminal law – Firearms and ammunition – Unlawful possession – Sentencing – Effect of statutory amendment (Act 13 of 1984) increasing maximum penalty under s.31(2); appellate reduction per incurias; restoration of trial sentence.
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23 February 1990 |
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Dying declaration found reliable; refusal to hand over money and insults did not amount to provocation, conviction and death sentence upheld.
Criminal law – murder – admissibility and reliability of dying declaration – provocation under Penal Code s.202 – objective test: conduct of an ordinary person of accused’s community – insulting words and refusal to hand over money do not necessarily amount to legal provocation.
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23 February 1990 |
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Conviction for murder based chiefly on alleged threats and an unexplained temporal gap was unsafe; appeal allowed and conviction quashed.
Criminal law – murder – sufficiency of evidence – conviction based mainly on alleged threats – circumstantial evidence – unexplained gap in time of death – conviction unsafe and quashed.
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23 February 1990 |
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23 February 1990 |
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Circumstantial and ballistic evidence upheld the first appellant's murder conviction; the second appellant's conviction was unsafe and set aside.
* Criminal law – Murder – Circumstantial evidence – Whether the proven facts irresistibly point to guilt.
* Criminal law – Alibi – Evaluation and rejection of alibi in circumstantial cases.
* Forensic evidence – Ballistics – Use of ballistic identification to link cartridges to accused’s firearm.
* Criminal appeal – Safety of conviction – When conviction of co-accused is unsafe despite conviction of another.
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23 February 1990 |
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First appellant's circumstantial guilt upheld; second appellant's conviction set aside for insufficient, disjointed evidence.
Criminal law – Murder – Circumstantial evidence: sufficiency and irresistible inference; Alibi defence: adequacy of trial judge’s consideration; Evidence: inadmissibility or limited weight where chain of custody of ballistic exhibits is not established; Appeal – Safety of conviction where circumstantial evidence is weak or disjointed.
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23 February 1990 |
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Single-eyewitness identification was reliable and the alibi disproved, so the murder conviction was upheld.
* Criminal law – Identification evidence – Single eyewitness identification and reliability – Opportunity to observe, proximity and possibility of mistake.
* Criminal law – Defence of alibi – Effect of notice of alibi and prosecution's duty to disprove it.
* Criminal procedure – Appeal – Evaluation of credibility and sufficiency of evidence to support conviction.
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23 February 1990 |
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Appeal against murder conviction dismissed; private arrest and use of reasonable force lawful; assessors’ misdirection held non-fatal.
Criminal law – murder conviction – credibility of witnesses – private arrest and reasonable force under section 16 Criminal Procedure Act – improper direction to assessors but harmless error – appeal dismissed.
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23 February 1990 |
Criminal Law - fixing declaration - Authenticity and weight of a dying declaration. Criminal Law - Murder- Provocation - Conditionsforits invocation. |
23 February 1990 |
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Appeal dismissed: forensic and eyewitness evidence plus voluntary admissions proved intentional poisoning beyond reasonable doubt.
Criminal law – murder – proof of poisoning – admissibility and voluntariness of extra‑judicial statements and confession – weight of circumstantial and forensic evidence – accidental ingestion versus intentional administration.
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23 February 1990 |
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Appeal dismissed: court finds poisoning by cattle-dip established and confessions voluntary, upholding conviction and sentence.
Criminal law – poisoning – proof of cause of death by chemical analysis and eyewitness observation; admissibility of extra-judicial statements – voluntariness and absence of inducement; circumstantial evidence – inference of intent versus accident.
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23 February 1990 |
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The appeal failed: amended jurisdictional rules applied to prosecutions instituted after the amendment, so the High Court lacked jurisdiction.
* Criminal law — Jurisdiction — Effect of amendment to Economic and Organized Crime Control Act — Whether amended jurisdiction applies to offences committed before but charged after amendment. * Statutory interpretation — Saving clause for repeals — Amending Act vs repealing Act. * Procedural law — Temporal application of jurisdictional (procedural) changes to pending or subsequently instituted prosecutions.
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23 February 1990 |
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Appeal allowed because the trial court failed to elicit and record assessors’ opinions as required, rendering the joint decision void.
* Criminal procedure – Assessors – Statutory requirement to elicit and record assessors’ opinions in open court – Non-compliance renders joint decision void.
* Criminal law – Conviction – Procedural irregularity where presiding judge and assessors give a joint decision without following section 16 requirements.
* Remedy – Setting aside conviction and remitting for reconstitution of the court to regularise recording of assessors’ opinions.
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23 February 1990 |
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Failure to warn on dangers of particular evidence not fatal where corroboration exists; provocation rejected and murder conviction upheld.
Criminal law – Murder – Provocation defence – Whether verbal abuse constituted sufficient provocation – Trial judge’s failure to warn on dangers of particular evidence – Effect of corroboration – Appeal against conviction and death sentence.
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23 February 1990 |