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588 judgments found.
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July 2014
Failure by the courts below to consider the appellant’s defence warranted quashing the conviction and setting aside the sentence.
Criminal law — Appeal — Duty of court to consider accused's defence — Remedy: quashing conviction and setting aside sentence
1 July 2014
Appellants' confessions (first appellant) upheld as voluntary and corroborated; appeal against murder convictions dismissed.
Criminal law
— Confession admissibility — voluntariness
— corroboration — confession by one accused cannot convict co-accused without independent corroboration
Evidence — Competence of witnesses — Accomplice testimony and corroboration under section 142 Evidence Act
1 July 2014
June 2014
A juvenile unlawfully imprisoned may be released by the Court exercising revisional powers to vitiate illegal proceedings.
Appellate practice — Appellate jurisdiction — exercise of revisional powers under section 4(2) to vitiate proceedings and order release where imprisonment is illegal and substantive justice so requires
Criminal law — sentencing
— corporal punishment is the lawful sentence
— Juvenile offender
Criminal procedure — conviction in absence — duty of trial court under section 226(2) to set aside conviction/remit record upon subsequent arrest
30 June 2014
Jurisdictional defect in transfer rendered proceedings null; conviction unsafe due to uncorroborated accomplice evidence and ignored defence.
Criminal law
— Appellate jurisdiction — invocation of section 4(2) AJA to nullify proceedings and afford substantive relief
— conviction based on uncorroborated accomplice evidence
Jurisdiction — invalid transfer to Principal Resident Magistrate (Extended Jurisdiction) — proceedings nullity
30 June 2014
Conviction for child rape upheld despite victim’s excluded testimony, on cumulative circumstantial and medical evidence.
Criminal law — Child witness evidence — Mandatory voir dire before receiving evidence of a child of tender years (Evidence Act s.127(2))
Criminal procedure — charge particulars and curative power under section 388 CPA — Defective charge curable where accused informed of nature of offence
Evidence — Circumstantial and medical evidence — Sufficiency to sustain conviction where victim’s evidence is excluded
27 June 2014
27 June 2014
Appeal allowed where both lower courts failed to consider the accused’s defence; conviction quashed and sentence set aside.
Criminal law — armed robbery conviction — failure of trial and first appellate courts to consider accused’s defence — omission a fatal irregularity — conviction quashed and sentence set aside
27 June 2014
Conviction overturned: the appellant's identification, recent-possession evidence and cautioned statement were inadmissible or insufficient.
Criminal law — Armed robbery
Criminal law — Visual identification
— procedural irregularity in admitting search warrants/exhibits
— Reliability
27 June 2014
Appeal dismissed: confessional statements and corroborative evidence upheld as sufficient to sustain murder conviction.
Criminal law — Evidence
— Admissibility of cautioned statements — Criminal Procedure Act s57
— Retracted cautioned statements — Reliance permitted where confession corroborated or accepted as true by trial judge (TUWAMOI principle)
25 June 2014
Conviction quashed because recent-possession evidence failed: stolen goods were not linked to the appellant and key witness was not called.
Criminal law — Armed robbery — doctrine of recent possession — Identification issues where eyewitnesses did not identify accused at scene
25 June 2014
Identification evidence (lighting, duration, proximity, prompt naming) upheld convictions for robbery and rape.
Criminal law — identification evidence
Criminal law — Night-time identification
— duration of incident
— hurricane lamp illumination
— prior acquaintance of witness and accused
— prompt naming as indicator of reliability
— sufficiency of identification to prove guilt beyond reasonable doubt
25 June 2014
Failure to prove payments and absence of vouchers created reasonable doubt, so convictions were quashed and sentence set aside.
Criminal law
— Appeal — misdirected evaluation of evidence and quashing of conviction
— Evidence — requirement of consistent analysis where counts share common features
— Stealing by agent — burden of proof and benefit of doubt
23 June 2014
A request for judgment copies did not constitute notice of intention to appeal; extension application showed no notice given, appeal dismissed.
Criminal procedure — Extension of time — whether request for judgment copies constitutes notice of intention to appeal
20 June 2014
High Court erred in summarily dismissing appeal; appeal remitted for full hearing on identification, PF3 admissibility and voir dire compliance.
Criminal law — Appeal — Summary dismissal — duty of first appellate court to consider grounds on merit
Criminal law — Evidence
— admissibility of PF3 — compliance with s.240(3) CPA
— voir dire for child witness
19 June 2014
Appeal struck out for failure to serve notice of appeal as required by Court of Appeal Rules; costs awarded to respondent.
Civil procedure — Appellate procedure
— costs awarded to respondent
— notice of appeal
— remedy: striking out
19 June 2014
Unsafe visual identification and improperly admitted cautioned statements led to quashing of convictions.
Criminal law — Identification parade
— PGO No. 232 compliance (number of persons and multiple parades where more than two suspects)
— Procedural irregularities may render convictions unsafe
Criminal law — Visual identification — Reliability affected by lighting, sudden attack and first-time sighting
18 June 2014
Procedural irregularities (no preliminary hearing, timing issues) do not invalidate conviction absent demonstrated prejudice.
Criminal procedure
— Delay — undue delay in prosecution/ trial requires showing of prejudice
— Evidence — proof of complainant's age — charge sheet and testimony sufficient where not challenged at trial
— filing of certificate under s.225(4)(a) — timing calculated excluding non-working days and breach requires demonstration of prejudice to vitiate trial
— Preliminary hearing
16 June 2014
Court affirmed manslaughter conviction: identification reliable, accomplice evidence corroborated; procedural errors were harmless.
Civil procedure — Procedure — Trial irregularities (failure to acquit on charge before convicting on lesser offence; wrong statutory citation) can be harmless where no prejudice is shown
Criminal law
— identification evidence
— Manslaughter — Elements: death, unlawful causation by accused, lack of intent to kill (reduction from murder)
Evidence — Accomplice testimony
— Competency
— corroboration and early identification strengthen reliability
Evidence — contradictions
— Distinguishing material from minor discrepancies
— minor contradictions do not vitiate prosecution case
16 June 2014
Appeal dismissed; conviction for incest upheld on eyewitness, medical and confession evidence.
Appellate practice — Appellate procedure — second appeal — Concurrent findings of fact and limits on interference
Criminal law — incest — Sufficiency of evidence — Eyewitness account, medical (PF3) findings and accused's cautioned statement as corroboration
Human rights — Fair trial — Accused's opportunity to call witnesses and record showing no witnesses called
13 June 2014
Charge for attempted rape must disclose statutory mode (e.g. threatening); omission of essential element renders conviction unsustainable.
Criminal procedure — Charge particulars — Attempted rape redefined by SOSPA — Defective charge not curable where essential element omitted — Distinction between rape and attempted rape
12 June 2014
May 2014
Retracted cautioned confessions can support a murder conviction if the court warns itself and other forensic and circumstantial evidence corroborate them.
Criminal law — Murder — Retracted confession — Evidentiary weight depends on manner of retraction and requires corroboration in material particulars
Criminal procedure — Extra-judicial statements before Justices of the Peace — Compliance with Chief Justice’s guide and authenticity of recording
21 May 2014
November 2013
Extension of time granted to file revision where delay was justified and condonation order was not finally determinative.
Civil procedure
— Case law — application of established test for extension: delay not caused by dilatory conduct and reasonable explanations justify extension
— Procedure — striking out on technicality is not a final determination
Labour law — Labour procedure
— Extension of time
— interlocutory orders
20 November 2013
August 2013
Conviction based on weak visual identification and contradictory witness testimony was quashed for lack of proof beyond reasonable doubt.
Criminal law — Armed robbery — visual identification
— burden of proof on prosecution to establish guilt beyond reasonable doubt
— evidence of visual identification is weak and requires elimination of all possibilities of mistaken identity
— witness contradictions and inconsistencies that go to the root of the case can justify appellate interference with concurrent findings
6 August 2013
Appeal allowed where appellant’s identification was unsafe and prosecution evidence was materially contradictory.
Civil procedure — second appeal — interference permitted where misapprehension of evidence or miscarriage of justice
Criminal law — Armed robbery — visual identification
— contradictions in prosecution witnesses may vitiate conviction
— Identification in dark conditions and without clear source of light is unsafe
6 August 2013
Applicants sought a rehearing via review; Court held Rule 66(1) limits review and dismissed the application.
Criminal law — Criminal appeal
— re-hearing not permissible
— Review
— review jurisdiction exceptional
6 August 2013
Reported
Court stayed execution of High Court decree pending appeal, conditional on a bank guarantee to secure performance.
Civil procedure — Stay of execution pending appeal
— requirement of an executable order — Stay applies to decree or order, not to a delivered judgment
— Substantial loss and security undertaking required for stay — Substantial loss, absence of unreasonable delay, and provision of security under Rule 11(2)(d)
6 August 2013
A Rule 66(1) review cannot be used to re-argue an appeal; specific statutory grounds must be pleaded.
Civil procedure
— finality of litigation — review jurisdiction to be exercised sparingly to protect certainty of judgments
— Procedural compliance
— Review
— Review vs appeal — review not a forum to re-argue factual, evidential or legal matters already decided
6 August 2013
Failure to obtain a High Court certificate under s 6(7)(b) renders criminal appeals from Primary Courts incompetent.
Appellate practice
— appeals originating from Primary Court — Requirement for High Court certificate on point of law — Appellate Jurisdiction Act s 6(7)(b)
— striking out appeals for procedural lapses — Interests of justice and liberty to refile to ventilate appeal on merits — Extension of time and application for High Court certificate
6 August 2013
Reported
An appeal from a Primary Court is incompetent in the Court of Appeal without a High Court certificate on a point of law under s 6(7)(b).
Civil procedure — Appeal competency — Failure to obtain statutory certificate renders appeal incompetent and liable to be struck out
Criminal law — appeals from Primary Court — Requirement of High Court certificate on point of law — Appellate Jurisdiction Act s 6(7)(b)
6 August 2013
Reported
An appeal from a Primary Court is incompetent in the Court of Appeal without a High Court certificate that a point of law is involved.
Appellate practice — Appellate jurisdiction act s.6(7)(b) — appeals originating from Primary Courts — High Court certificate on point of law required
Civil procedure
— Competence of appeal — jurisdictional pre‑requisite
— Procedural remedy — application for extension of time to lodge notice of appeal and application for High Court certificate thereafter
6 August 2013
A review application cannot substitute for an appeal; only Rule 66(1) grounds permit review, so the application was dismissed.
Civil procedure — Court of appeal rules, 2009, rule 66(1) — grounds for review are exhaustive
Civil procedure — Review procedure
— review cannot be used to re-argue or re-evaluate issues already decided
— that would be an appeal
Criminal law — Visual identification — appellate court may decline review where identification was considered and upheld in the original judgment
5 August 2013
A Rule 66(1) review cannot be used to re-hear an appeal; review is limited to the specific grounds in the Rules.
Criminal procedure
— Review under Rule 66(1) — Re‑assessment of evidence in review proceedings — Review not a vehicle for re-evaluation of evidence
— review of Court of Appeal judgment — Scope limited to manifest error on the face of the record or nullity — Review not a back‑door appeal
5 August 2013
A review application cannot substitute for an appeal; Rule 66(1) limits review to specified grounds.
Criminal procedure; review jurisdiction; Rule 66(1) Tanzania Court of Appeal Rules 2009; review limited to specified grounds (manifest error on face of record; denial of hearing; nullity; lack of jurisdiction; fraud/perjury); rehearing by review prohibited; dismissal of review application.
5 August 2013
Appellant's murder conviction reduced to manslaughter due to provocation and sudden loss of self-control.
Criminal law
— Appeal — when trial judge misapplies precedent and misapprehends facts, conviction may be reduced and sentence substituted
— Murder — whether conduct amounted to malice aforethought or was provoked leading to loss of self-control
— Provocation — availability where third party's conduct and deceased's actions in quick succession cause sudden heat of passion
5 August 2013
Provocation found to reduce the applicant’s murder conviction to manslaughter; five‑year sentence substituted.
Criminal law — Murder — defence of provocation and heat of passion Assessment of facts — sequence and immediacy of provocative acts Misapplication of precedent where factual matrices differ Substitution of conviction and sentence on appeal
5 August 2013
Conviction for rape quashed where identity was not proved beyond reasonable doubt and alibi was ignored.
Criminal law — Rape — Identification evidence — Single or first-time identification and lack of detailed description
Criminal procedure — defence of alibi (s.194(4) CPA) — Statutory notice requirement (Criminal Procedure Act s.194) and consequence of failure to give notice
Evidence — PF.3 medical report — Non-compliance with s.240(3) CPA renders report inadmissible
5 August 2013
A review lacking specified Rule 66(1) grounds and seeking re-evaluation of evidence is dismissed.
Civil procedure — finality of litigation — Court cannot sit on appeal over its own judgments
Criminal procedure — review of Court of Appeal judgment — Application under Rule 66(1) of the Court of Appeal Rules, 2009
— deprivation of hearing
— illegality/fraud/perjury. Review will not be used to re-assess evidence or as an appeal in disguise
— lack of jurisdiction
— Limited grounds: manifest error on face of record
— nullity
5 August 2013
Conviction quashed where material contradictions in prosecution evidence created reasonable doubt.
Civil procedure
— Appeal — interference with concurrent findings where material contradictions exist
— Procedure — PF3 medical report and delay in medical examination as affecting proof beyond reasonable doubt
Criminal law — Rape — contradictions in prosecution evidence and coherence of testimonies — effect on safety of conviction
Evidence — Credibility assessments — inconsistency between eyewitness account and accused’s cautioned statement
2 August 2013
Review applications must rely on the exclusive grounds in Rule 66(1); mere complaint of overlooked identification is not a proper ground.
Civil procedure — Court of Appeal — Review
2 August 2013
A review application not grounded on Rule 66(1) grounds cannot substitute for an appeal and is dismissed.
Civil procedure — Court of Appeal — Review jurisdiction
2 August 2013
Appeal allowed; conviction quashed due to material contradictions and failure to prove rape beyond reasonable doubt.
Criminal law — Rape — sufficiency of prosecution evidence — material contradictions among eyewitnesses and between witness testimony and cautioned statement
1 August 2013
Visual identification and unvalidated parade evidence were insufficient to support conviction; appeal allowed and conviction quashed.
Civil procedure — Appeals
— appellate scrutiny of credibility and cogency of identification evidence
— unsafe convictions to be quashed
Criminal law — identification evidence — visual identification by eyewitness
1 August 2013
Review application dismissed for advancing appeal grounds instead of satisfying Rule 66(1) review criteria.
Civil procedure — Distinction between review and appeal — Court will not entertain appeals through review
Civil procedure — finality of litigation — public policy against reopening concluded appeals
Civil procedure — Review jurisdiction
— Court of Appeal
— denial of hearing
— judgment procured by fraud/illegality/perjury
— lack of jurisdiction
— nullity
1 August 2013
Applicant's review asking reassessment of evidence dismissed for failure to invoke Rule 66 grounds and for undermining finality of litigation.
Civil procedure — Principle
— Finality of litigation
— review powers to be exercised sparingly
Civil procedure — Procedure
Criminal procedure — Review of judgment — not a rehearing or appeal
1 August 2013
A review requesting reassessment of evidence is an appeal in disguise and is therefore dismissed; sentence reduction not granted.
Criminal law — Civil/criminal appeals — Finality of litigation
— Court will not re-open its own appeal judgment
— Review cannot be used as an appeal in disguise
Criminal law — sentencing — Reduction of sentence not permitted via review in the present circumstances
Criminal procedure — Review
1 August 2013
July 2013
31 July 2013
Court exercised Rule 47(2009) discretion to extend time for filing a late notice of appeal due to prolonged detention.
Civil procedure — Appeal deadlines — late filing renders no valid appeal
Criminal procedure — Court's discretion
31 July 2013
A review application must invoke Rule 66(1) grounds and cannot be used as a backdoor appeal.
Civil procedure — Procedural law
— finality of litigation
— review cannot be used as a backdoor appeal
Criminal procedure — review of Court of Appeal judgment
31 July 2013
Court quashed High Court proceedings and granted the applicant 30 days to file a proper notice of appeal.
Appellate practice — Appellate jurisdiction act s.11(1) — High Court power to extend time to give notice of intention to appeal
Civil procedure
— Court rules
— Discretionary extension — Court may grant time to lodge notice of appeal in interests of justice
Criminal procedure — appellate procedure — competence of notice of appeal — mandatory requirement to state nature of High Court decision appealed
31 July 2013
Court exercised Rule 47 (2009) discretion to extend time to file a late notice of appeal in the interests of substantive justice.
Criminal procedure — Appeal — Notice of appeal filed out of time under Court of Appeal Rules, 1979
30 July 2013