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588 judgments found.
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September 2019
Victim's credible identification and testimony sufficed to prove rape despite delayed medical exam; appeal dismissed.
Criminal law — sexual offences — Rape — Victim’s testimony as best evidence
Criminal procedure — Identification parade — When parade is unnecessary
Evidence — Medical evidence (PF3) — Limited to contents of PF3
30 September 2019
Illiterate maker's s34B statement expunged, but conviction upheld on remaining admissible confessional evidence.
Appellate practice — Appellate review — late objections to admissibility not raised at trial are ordinarily untenable, but courts will correct clear statutory non-compliance on first appeal
Criminal law — Cautioned statements — improperly witnessed cautioned statements may be rejected and, if expressly discarded by trial judge, do not necessarily infect the conviction
Evidence — Extra-judicial confessions — voluntariness and timing
— no strict statutory time limit
— voluntariness is determinative
30 September 2019
Failure to record the child's statutory promise vitiates her testimony, but corroborative evidence can still sustain conviction.
Appellate practice — Appeal procedure — new grounds not raised in first appeal ordinarily not entertained
Criminal law — admissibility of cautioned statement — voluntariness and reading in court
Criminal law — corroboration — admission to independent witnesses can corroborate confession and sustain conviction
Criminal law — Rape
— medical/ PF3 evidence persuasive but not binding
— victim’s oral evidence primary
30 September 2019
August 2019
The applicant’s conviction affirmed where a stolen phone was traced by IMEI and recent‑possession inference supported guilt.
Criminal law
— alibi — requirement that defence evidence cover the material date
— Armed robbery — identification of stolen property by distinctive mark and IMEI number — admissibility and weight of electronic tracking evidence
— Credibility — minor inconsistencies do not necessarily vitiate a coherent prosecution case
— doctrine of recent possession — elements and application where stolen item recovered soon after offence
30 August 2019
Extra-judicial statement voluntary and admissible; illiterate-maker's s.34B statement lacked certification and was expunged; appeal dismissed.
Criminal law — confession and extra-judicial statements — voluntariness and timing
Criminal law — Evidence Act s.34B — admissibility of written statements
Criminal law — illiterate maker
— appellate review of late objections
— proof beyond reasonable doubt
— requirement that statement be read over and certified
30 August 2019
Misapplied voir dire requires corroboration; medical and parental evidence can nonetheless sustain a child sexual-offence conviction.
Criminal law — sexual offences — Child witness evidence
30 August 2019
High Court at Songea lacked territorial jurisdiction: tort claim governed by s.18 CPC, appeal dismissed with costs.
Civil procedure — Place of suing — Distinction between suits relating to immovable property
— annexures to plaint may be considered in jurisdictional inquiry
— Cause of action governs territorial jurisdiction
— claims based on same cause of action cannot be severed to create jurisdiction
29 August 2019
Reported
The appellant's tort claim fell under s.18 CPC; Songea High Court lacked territorial jurisdiction, so appeal dismissed with costs.
Civil procedure — territorial jurisdiction — Place of suing
— Cause of action determines venue
— jurisdiction is statutory and cannot be conferred by parties
— pleadings and annexures may be considered in jurisdictional inquiry
29 August 2019
Court dismisses appeal: action was tort falling under s.18 CPC, Songea High Court lacked territorial jurisdiction; appeal dismissed with costs.
Civil procedure — Civil procedure code — Place of suiting
— annexures to plaint as part of pleadings
— distinction between suits relating to immovable property
— inability to sever claims arising from same cause of action
— territorial jurisdiction
— tort of conversion
29 August 2019
Credible testimony of child victim, supported by eyewitness, can sustain conviction for unnatural offence under amended Evidence Act.
Criminal law — Sexual offence (unnatural offence) — Penetration as essential ingredient — Penal Code s154
Evidence
— Child witness (tender age) — Compliance with s 127(2) Evidence Act — Evidence Act s127(2)
— Corroboration of child evidence — Child evidence may suffice on its own if court records reasons — Evidence Act s127(6)
29 August 2019
Visual identification upheld; armed robbery conviction affirmed but grievous harm convictions quashed as duplicitous.
Criminal law
— Duplicity of charge — Convicting for both armed robbery and separate grievous harm where assaults form one transaction (Nyanga Manyika)
— Visual identification — familiarity, adequate lighting, proximity and duration as safeguards against mistaken identity
Criminal procedure — Defence of alibi — Failure to cross‑examine on alleged bad blood and lack of corroboration weakens defence
29 August 2019
A competent child’s credible uncorroborated testimony can sustain a rape conviction despite PF3 or medical-evidence issues.
Criminal law — Evidence
— Competency of child witness and reliability of uncorroborated testimony in sexual offences
— inadmissibility of new grounds on second appeal
— PF3 evidential role and non‑dispositive medical evidence
— relatives as competent witnesses
Criminal law — s.143 — no prescribed number of witnesses
28 August 2019
An application for leave filed more than fourteen days after High Court refusal is time‑barred and must be struck out absent granted extension.
Civil procedure — Court of appeal procedure
— Leave to appeal after High Court refusal
— remedy available by application for extension of time on good cause
26 August 2019
An application for leave filed beyond the 14-day Rule 45(b) limit was time-barred and struck out with costs.
Civil procedure — Court of appeal procedure — leave to appeal
26 August 2019
Child’s credible testimony and appellant’s admissions sufficed to prove grave sexual abuse beyond reasonable doubt.
Appellate practice — new facts or grounds raised for first time on appeal — Court will not entertain new factual issues not raised before the first appellate court — Appellate Jurisdiction Act s 6(2)
Criminal law — Grave sexual abuse — evidence of child victim — Evidence Act s 127(7)
Evidential weight of medical (PF3) and witness testimony — Medical evidence (PF3) — Necessity to specify injuries and findings linking to penetration
26 August 2019
Lone credible eyewitness evidence and appellant’s admission established malice aforethought; murder conviction affirmed.
Criminal law
— Alleged intoxication/drug use as negating intent — requirements and proof
— Evidence — single eyewitness sufficiency
— Murder — Malice aforethought: inferential factors (weapon, force, body part, conduct)
23 August 2019
Appellate court upheld murder conviction, finding malice aforethought proven and eyewitness credible; appeal dismissed.
Criminal law — Murder
— credibility of sole eyewitness
— evidential effect of non-production of weapon and post-mortem exhibit
— proof of malice aforethought (weapon used, part of body struck, number of blows, flight, admissions)
23 August 2019
Conviction based on uncorroborated, insufficiently scrutinized victim testimony was quashed as unsafe.
Criminal law
— s.127(7) Evidence Act
— appellate review of credibility
— conviction may rest on single witness only where court records reasons and is satisfied witness tells nothing but truth
— inadmissibility of grounds not raised below
— sexual offences — reliance on uncorroborated victim testimony
23 August 2019
Conviction quashed where possession of stolen items was unproven and defence was not properly considered.
Criminal law
— Armed robbery — doctrine of recent possession — Proof of actual possession required before applying doctrine
— evidence omissions may justify adverse inference — Cautioned statements: material contradictions with witness testimony undermine evidential value — Duty to consider accused’s defence
23 August 2019
Failure to read contents of admitted exhibits rendered the guilty pleas equivocal, leading to quashing of convictions.
Civil procedure — Appeals — second appeal — new grounds not raised in first appellate court cannot be entertained on second appeal (exceptions for pure points of law)
Criminal procedure — Guilty plea — failure renders plea equivocal
Evidence — missing exhibits
— impact on fairness of retrial
— quashing convictions where retrial would be unjust
22 August 2019
The appellant's plea was equivocal for armed robbery; conviction quashed and retrial ordered.
Appellate practice — Appellate relief
Civil procedure — trial irregularity — inconsistent sets of facts and failure to afford accused opportunity to respond — vitiates plea and conviction
Criminal procedure — plea of guilty — Equivocal plea — plea admitting theft did not admit elements of armed robbery
22 August 2019
Voir dire defects, absence of medical evidence and failure to evaluate defence rendered the conviction unsafe.
Appellate practice — Appellate review of trial court's evaluation of evidence and credibility
— First appeal duty to re-evaluate evidence and analyse record
— unsafe conviction
Criminal law — Child evidence — competency and oath
Criminal law — medical evidence
— adverse inference
— reliability of PF3 and medical testimony
20 August 2019
Where the appellate record is irretrievably lost, the Court may quash conviction and release the appellant who served substantial sentence.
Criminal law — Criminal appeal — Missing essential documents in record of appeal
16 August 2019
May 2019
Second appellate court dismisses appeal; cannot re‑raise expunged cautioned statement or new factual grounds not previously argued.
Criminal law — Rape — Identification and medical evidence
— Cautioned statement expunged for delay cannot be re‑challenged on second appeal
— PF3 admissibility
Criminal law — Second appeal jurisdiction — Court will not entertain new grounds not raised in first appeal
16 May 2019
Victim's credible testimony and mother's corroboration upheld conviction; improperly admitted PF3 expunged; life sentence affirmed.
Criminal law — Rape of child — Tender age and competence to testify — Section 127(7) TEA
Evidence — PF3 admissibility — PF3 expunged where not read out
Criminal law — Rape of child — Mandatory life sentence — Penal Code s.131(3)
16 May 2019
Applicants failed to account for delay and did not show an illegality apparent on the record to justify extension of time.
Civil procedure — extension of time — sufficiency of cause — illegality as a ground for extension only where apparent on the face of the record (authorities: Bushiri; Lyamuya; Valambhia; VIP Engineering)
16 May 2019
Court allowed curative amendments for unnamed respondents and a typographical notice defect; CMA exhibits need not meet CPC endorsement formalities.
Labour law — admissibility/endorsement of exhibits in CMA proceedings — Mediation and Arbitration Guidelines Rules empower arbitrator to determine procedure
Labour law — Labour appeals — preliminary objections — party identification
Labour law — notice of appeal defects
— discretion to allow amendments to facilitate substantive justice
— typographical/curable
16 May 2019
Variance in charge particulars and failure to consider the defence vitiated conviction for an alleged unnatural offence.
Criminal law — Sexual offence (unnatural offence) — Variance between charge and evidence
Criminal procedure — Evaluation of defence — Trial court obliged to consider defence
Evidence — Evidential weight of medical (PF3) and witness testimony — Child victim’s testimony and medical report (PF3)
16 May 2019
Material variance between the charged date and witness evidence rendered the charge incurably defective; conviction quashed.
Criminal law
— Charge particulars — variance between date in charge sheet and date given in evidence — material and fatal defect
— Criminal procedure act
16 May 2019
A material variance between the charge's pleaded date and witness evidence is fatal unless the charge is properly amended.
Criminal law — Unnatural offence — Material variance between date in charge sheet and dates in witness evidence — Whether curable
— conviction unsafe
— Interpretation of s.234(3) CPA
16 May 2019
Failure by trial and appellate courts to consider the accused's defence vitiated the rape conviction.
Criminal law — Appeal — Duty of trial court to consider defence evidence
Evidence — PF.3 medical report
— Admitted but not read in open court
— document expunged and not available as corroboration
16 May 2019
Failure to consider the accused's defence was fatal; conviction quashed and sentence set aside.
Criminal law — fatal misdirection — conviction vitiated
Criminal law — PF3 admitted but not read
— expunged
— remedy: quash conviction and set aside sentence
16 May 2019
Failure to consider the accused's defence vitiated the rape conviction; conviction quashed and sentence set aside.
Criminal law — Rape — Conviction on victim's testimony
Criminal procedure
— Conviction vitiated
— power to quash
Evidence — corroboration — Ambiguous/hearsay witness testimony insufficient to corroborate complainant
16 May 2019
Victim's credible identification and testimony can sustain conviction despite expunged medical report.
Criminal law — Incest by males — identification and penetration
— appellate review of trial court’s failure to consider defence
— medical report (PF3) expunged where contents not read over
— relatives’ evidence admissible and may ground conviction
— victim’s sworn testimony
15 May 2019
A credible child victim's testimony can sustain an incest conviction despite an unread PF3 medical report.
Appellate practice — Appellate review — omission by trial court to discuss defence may be cured if first appellate court properly evaluates it
Criminal law
— identification — recognition by a known victim and surrounding circumstances can render identification watertight
— Incest by males
Evidence — Evidence of relatives
— assessed on merit
— not automatically discredited nor always requiring corroboration
15 May 2019
Extension denied: applicants failed to account for delay and alleged illegality was not apparent on the record.
Civil procedure
— Procedure — Extension of time
— sufficient cause — duty to account for delay
15 May 2019
Murder conviction quashed where cause of death was unproven, key witness unreliable and judge failed to explain disagreement with assessors.
Criminal law — Murder — Proof of death and causation — post‑mortem evidence establishing death by violence
Criminal procedure — assessors’ opinions — duty to record and reconcile with judge’s findings
Evidence — Witness credibility — Failure to call available witnesses — Adverse inference from failure to call key witnesses
15 May 2019
Appellant's murder conviction quashed: medical evidence inconclusive, eyewitness unreliable, judge failed to justify differing from assessors.
Criminal law — Murder
— Duty to call key witnesses/adverse inference
— Insufficient evidence
— Inconclusive post-mortem
— Trial judge’s obligation to give reasons when differing from unanimous assessors’ opinion
— Unreliable single eyewitness
— Contradictions and inconsistencies
15 May 2019
A fatally defective charge rendered trial and appeal proceedings a nullity, resulting in quashing of conviction.
Appellate practice — nullity of proceedings — Consequences and restoration of parties to pre‑nullified position — Appellate Jurisdiction Act s 4(2)
Criminal law — Charge particulars — incurable defect nullifies proceedings — Stealing by agent (s.273(b), s.258 Penal Code)
Criminal procedure — Retrial — Retrial inappropriate where the charge sheet is incurably defective and the accused did not receive a fair trial — Fatehali Manji principles
15 May 2019
Material variance in charge date and failure to evaluate the defence vitiated the sexual‑offence conviction.
Criminal law — Sexual offence (unnatural offence) — Variance between charge and evidence — Necessity to amend the charge under section 234 of the Criminal Procedure Act or acquit
Criminal procedure — duty of trial court to evaluate both prosecution and defence evidence — Trial court must consider and determine the accused’s defence even if it appears implausible — Failure to consider defence is fatal to conviction (Lockhart‑Smith principle)
14 May 2019
A fatally defective charge (mixing inconsistent offences) rendered proceedings a nullity; retrial was refused and convictions quashed.
Criminal law — Charge particulars — Defective charge renders proceedings a nullity — Incurable defect prejudices the accused
Criminal procedure — Retrial — not appropriate where charge is fatally defective and not properly before the court — Retrial would permit prosecution to fill evidential gaps (Fatehali Manji principle)
14 May 2019
Allowing assessors to cross-examine witnesses vitiates the trial and mandates a retrial before a new bench.
Evidence — Evidence act (ss.146-147,177)
— allowance of assessors’ cross-examination vitiates trial
— cross-examination reserved for adverse party
— incurable defect
— retrial ordered
— role of assessors
13 May 2019
Prisoner transfer and lack of control over appeal process constituted good cause to extend time to lodge appeal.
Criminal procedure — power to admit appeal notwithstanding time limits
— extension of time to give notice and lodge appeal
— Prisoners' transfers and custodial restraint as good cause for delay
— Uncontested affidavit evidence where respondent fails to file counter-affidavit
13 May 2019
Prisoner’s transfer and uncontradicted affidavit can constitute good cause to extend time to give notice and lodge an appeal.
Criminal procedure — Appeal out of time
13 May 2019
Allowing assessors to cross‑examine witnesses vitiated the trial and warranted nullification and retrial.
Criminal procedure — assessors
— Improper cross-examination by assessors vitiates trial
— Order for retrial
10 May 2019
Prison transfer and lack of control over prison processes can constitute good cause to extend time for lodging an appeal.
Criminal procedure
— prisoner transfer and delay in obtaining judgment — Transfer between prisons and lack of control over prison processes — Effect on appeal time and justification for extension
— time limits for appeals — Requirement to apply for extension of time — Criminal Procedure Act s.361
Evidence — uncontroverted affidavit — failure of respondent to file counter-affidavit means the applicant's averments stand and may constitute sufficient cause
10 May 2019
Assessors' cross‑examination and failure to direct assessors vitiated the trial; conviction quashed and retrial ordered.
Criminal law — Remedy for inadequate summing up — Nullification, quashing conviction and retrial where assessors' opinions prejudiced — When irregularities vitiate trial and warrant quashing conviction and ordering retrial
Criminal law — Summing up to assessors — duty to adequately explain relevant facts and points of law (confessions, circumstantial evidence, malice aforethought, intoxication, alibi)
— Burden of proof
— weight of retracted confessions
Criminal law — Trial procedure — Role of assessors and prohibition on cross-examination
9 May 2019
Conviction quashed after child-victim’s evidence was expunged for failure to conduct/record a proper voire dire.
Criminal law — Summary dismissal of appeals under s.364(1)(c) CPA
— appellate revisionary powers
— PF3 and procedural safeguards under s.240(3) CPA
— Use sparingly
8 May 2019
Assessors' cross-examination and lack of directions on law vitiated the trial; conviction quashed and retrial ordered.
Criminal law — Confessions — Retracted/repudiated confessions
Criminal procedure
— assessors — Improper cross-examination by assessors vitiates trial
— summing up to assessors — duty to direct assessors on all vital points of law
8 May 2019
Conviction quashed where charge sheet omitted essential ingredients of attempted rape and indecent assault.
Criminal law — Charge and particulars — Attempted rape — Failure to allege intent to procure prohibited sexual intercourse and manner of manifestation — Defect fatal and not curable under s 388 Criminal Procedure Act
8 May 2019