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65 judgments found.
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July 2013
Trial and subsequent appeal were null where the DPP failed to issue the mandatory transfer certificate; retrial ordered.
Appellate practice
— Appellate jurisdiction act — Court of Appeal’s power to suo motu nullify, quash and set aside proceedings and order retrial where proceedings are jurisdictionally defective
— Appellate procedure — no automatic right to appeal conviction to Court of Appeal without first appealing to High Court
Criminal law — Economic crimes act — jurisdiction — original jurisdiction vested in High Court — mandatory requirement of DPP’s certificate to transfer economic offences to subordinate courts
10 July 2013
A notice of appeal that fails to identify the High Court decision and nature of conviction is incurably defective; appeal struck out.
Criminal procedure — Notice of appeal
1 July 2013
A notice of appeal that fails to identify the High Court case and conviction is incurably defective.
Criminal procedure — defective notice citing wrong/non-existent case or omitting nature of conviction is incurably defective and renders appeal incompetent
— appeal struck out
— right to refile after compliance
Criminal procedure — Notice of appeal
1 July 2013
June 2013
Revision application struck out as time-barred, improperly brought under a revoked rule, not a substitute for appeal.
Appellate practice
— Revision — Not a substitute for appeal — extension of time to appeal available
— Revision procedure
— Revocation of 1979 Rules (GN No.36 of 2010) — citation of revoked Rule 48 incompetent
27 June 2013
A review application must be supported by a valid affidavit; omission of place in jurat is incurable and application struck out.
Civil procedure — Affidavit formalities
Civil procedure — defective affidavit
— no judicial discretion to waive
— omission of place in jurat renders affidavit incurably defective and application incompetent
Civil procedure — Procedural consequence — defective supporting affidavit results in striking out of application
Civil procedure — Review jurisdiction — application for review of Court of Appeal judgment
27 June 2013
An appeal instituted out of time, with untimely request for trial records, is incompetent and struck out with costs.
Appellate practice — Appeal procedure — time limits
27 June 2013
An out‑of‑time revision application citing a revoked rule was struck out as incompetent; appeal or extension of time is the proper remedy.
Civil procedure — Court of Appeal — Revision procedure
26 June 2013
Reported
Review application struck out for multiple procedural defects including wrong rule, defective notice and time‑bar.
Civil procedure — Court of Appeal Rules, 2009 — procedural compliance
26 June 2013
Review application struck out for wrong rule citation, defective notice and improperly sworn affidavits.
Civil procedure — Court of appeal procedure — review application
26 June 2013
Review application struck out for wrong rule citation, non‑conforming unsigned motion, missing grounds, defective jurat and time‑bar.
Civil procedure — Court of appeal procedure — review application
26 June 2013
26 June 2013
A review application supported by an affidavit whose jurat omits the place of swearing is incurably defective and struck out.
Civil procedure — jurat must state place and date (Notaries Public and Commissioners for Oaths Act s.8) — Mandatory requirement — Defective jurat renders affidavit incurably defective
— Application struck out
— leave to file fresh application and seek extension of time
Civil procedure — Practice and procedure — Review of Court’s own judgment — Application supported by affidavit
26 June 2013
Review application struck out for citing repealed rules, non‑compliant notice, time‑bar and defective affidavits.
Civil procedure — Review application
25 June 2013
Applicant failed to show good cause for extension; proposed review ground improperly sought to re‑hear evidence (an appeal in disguise).
Civil procedure — extension of time — Application under Rule 10 Court of Appeal Rules, 2009 — Requirement to show good cause by adducing material facts and supporting documents
Criminal law — Review of conviction and sentence — Reconsideration of evidence/confessional statement — Review not to be used as an appeal — Rule 66(1)
24 June 2013
Appeal struck out for failure to file a notice of appeal complying with Rules 68 and 75.
Civil procedure — Defective notice — consequences — appeal not instituted and liable to be struck out
Criminal procedure — Notice of appeal
Prison law — Prison appellants — deemed compliance by handing form to officer-in-charge
24 June 2013
Unreliable visual identification and improperly rejected alibis led to quashing of murder convictions and death sentences.
Criminal law — Alibi defence
— conviction and mandatory death sentence quashed
— improper rejection where identification evidence is unreliable
Criminal law — visual identification evidence
24 June 2013
High Court erred in deciding mixed fact-law issues on written submissions without evidence; judgment quashed and retrial ordered.
Civil procedure — service levy dispute — whether mixed questions of law and fact can be determined on written submissions — Retrial
24 June 2013
The applicant's extension application was struck out for incurable defects in the notice of motion and wrong legal citations.
Civil procedure
— Notice of motion
— preliminary objection — incorrect citation of law
— reliance on Rule 83 (civil appeals) was irrelevant to criminal application. Application for extension of time — incompetent and struck out where notice of motion invalid
21 June 2013
The appellant's civil appeal was struck out for incompetence due to defective notice, non-compliant record, and absence of leave.
Appellate practice — Appellate jurisdiction
Civil procedure
— Court of Appeal Rules, 2009 — mandatory contents of record of appeal
— jurisdiction — fundamental issue may be raised and decided suo motu
— Notice of appeal
— Preliminary objections — service disputes irrelevant where appeal is incompetent
21 June 2013
Defective notice failing to comply with Rules 68 and 75 renders the appellant's appeal incompetent and is struck out.
Criminal procedure — Notice of appeal
21 June 2013
A CPC suit with mixed law and fact cannot be decided on written submissions without oral evidence.
Civil procedure — Suit instituted by plaint under the Civil Procedure Code
— disputed mixed issues cannot be determined on written submissions alone
— Hearing procedure
— Order XIV, Rule 2 cannot dispense with evidence for mixed questions of law and fact
— procedural irregularity vitiates proceedings, judgment and decree and warrants retrial de novo
21 June 2013
Unsafe visual identification and major witness contradictions undermined the prosecution's case; conviction quashed.
Criminal law — Murder — Visual identification — requirement that identification evidence be watertight to eliminate mistaken identity (Waziri Amani principle)
Evidence — Witness credibility — Material contradictions, accomplice status and need for corroboration
21 June 2013
The appellant's murder conviction was quashed due to unreliable visual identification and contradictory prosecution witnesses.
Criminal law — Murder — Visual identification — dangers of nighttime identification — Waziri Amani safeguards
Criminal law — witness credibility
— appellate re-evaluation on first appeal
— contradictions and inconsistencies
— witnesses arrested as suspects requiring corroboration
21 June 2013
Extension application struck out for incurably defective notice of motion and incorrect legal citation.
Criminal procedure — Extension of time
— defective notice of motion
— incorrect legal citation
Criminal procedure — non‑compliance with Rule 48(1) and (3) — incurable defect warrants striking out application
20 June 2013
Application struck out for failing to comply with Rule 48 notice and Form A requirements.
Appellate practice — Court of Appeal Rules r.48(1) — Notice of motion requirements — Substantial conformity with Form A and signature — Defective notice renders application incompetent
20 June 2013
Conviction quashed where unreliable ‘last seen’ testimony and defective DNA chain of custody rendered circumstantial evidence unsafe.
Civil procedure — Appeal — conviction unsafe where identity and evidential provenance are in doubt
Criminal law — Circumstantial evidence
Evidence
— assessment of witness credibility — contradictions, implausibility and effect on probative value
— Forensic evidence — DNA analysis
20 June 2013
A defective notice of appeal failing Rule 68 particulars renders a criminal appeal incompetent and will be struck out.
Criminal procedure — Notice of appeal
— Non‑compliance with Rule 68(1)/(2) renders appeal incompetent — Form B (Rule 68(7))
— Requirement of substantial compliance with Form B (Rule 68(7))
20 June 2013
20 June 2013
A defective notice of appeal failing Rule 68 requirements renders a criminal appeal incompetent and is struck out.
Criminal law — Criminal appeal — notice of appeal
20 June 2013
Conviction quashed where an unreliable dying declaration lacked corroboration and identification was unsafe.
Criminal law — Murder — Dying declaration — Requires cautious approach and independent corroboration before conviction
Evidence — Visual identification — caution required where identification at night — Necessity of evidence of lighting or conditions conducive to recognition
19 June 2013
Absence of a Rule 68(1) notice in the certified record renders a criminal appeal incompetent and is struck out.
Appellate practice
— Record of appeal — Missing Notice of Appeal in certified record is fatal to competence of appeal — Rule 68, Court of Appeal Rules, 2009
— notice and petition of appeal — Requirement that each appellant lodge a notice of appeal (Court of Appeal Rules r.68(1)) — Rule 68, Court of Appeal Rules, 2009
19 June 2013
Appeal struck out because the mandatory Notice of Appeal was missing from the certified record; fresh appeal may be filed.
Civil procedure — Procedure — certified record
— Court of Appeal relies on the record as certified by High Court Registrar
— documents outside certified record cannot be used to validate appeal
Civil procedure — remedy — missing Notice of Appeal
— appeal struck out
— appellant may file fresh appeal
Criminal law — Criminal appeals — notice of appeal
19 June 2013
Reported
Conviction for armed robbery quashed where identification, possession and confession evidence were unreliable and essential elements unproven.
Criminal law — Armed robbery
Criminal law — confession of co-accused
— cannot solely ground conviction
— failure of prosecution where key witnesses and exhibits absent
Criminal law — identification evidence — Dock identification
18 June 2013
Review application dismissed for failing to invoke Rule 66(1) grounds and improperly re-arguing appeal issues.
Civil procedure — Court of Appeal — Review jurisdiction
18 June 2013
A review application must plead Rule 66 grounds; it cannot be used to re‑argue appeal issues.
Criminal procedure — Review — Review not a vehicle to re‑argue matters decided on appeal — Public policy and finality of litigation
18 June 2013
A defective notice of appeal that fails Rule 68(1)–(2) requirements renders a criminal appeal incompetent and is struck out.
Criminal procedure — Notice of appeal
18 June 2013
An appeal lacking a notice of appeal in the certified record is incompetent and is struck out.
Appellate practice — preliminary objections — Fatal procedural defects — Rule 4(2)(a) and Rule 68(1), Tanzania Court of Appeal Rules, 2009
Criminal procedure — Appeals — notice of appeal in criminal matters institutes the appeal — Rule 68(1), Tanzania Court of Appeal Rules, 2009
18 June 2013
Review application dismissed for failing to plead the specific Rule 66(1) grounds and merely re‑arguing appeal issues.
Criminal law — Review of Court of Appeal judgment — Whether application complies with Rule 66(1) grounds for review — Court of Appeal Rules, 2009 (Rule 66(1))
14 June 2013
Extension to file review dismissed for unexplained delay and failure to demonstrate Rule 66(1) grounds.
Civil procedure
— Notice of motion — defect curable where grounds discernible from affidavit — Defect may be cured if supporting affidavit discloses grounds
— Review jurisdiction — exceptional remedy — Exceptional nature and limited grounds under Rule 66(1)
— extension of time — Application to extend time to file review — Good cause must be shown and each day of delay accounted for
14 June 2013
Extension refused: applicant failed to show good cause or arguable Rule 66(1) grounds for a seven‑year delayed review.
Civil procedure — extension of time — good cause
14 June 2013
Seven-year unexplained delay and absence of arguable review grounds justified refusal to extend time to apply for review.
Civil procedure
— Delay — Inordinate and unexplained delay attributable to applicant's dilatory conduct disentitles him to extension
— extension of time — Application under Rule 10
— Review procedure — Review limited to manifest error on record, denial of hearing, nullity, lack of jurisdiction, or judgment procured by fraud/perjury
14 June 2013
Extension to seek review refused for failure to show good cause and to invoke Rule 66 review grounds.
Criminal procedure
— Abuse of process — revision filed out of time and misconceived
— Extension of time
— Finality of litigation — public policy
— Review jurisdiction — review of Court of Appeal judgments is exceptional and limited to five grounds (manifest error on face of record; denial of hearing; nullity; lack of jurisdiction; judgment procured by fraud/perjury)
13 June 2013
Extension of time to seek review denied where applicant failed to show good cause and prima facie Rule 66(1) grounds.
Appellate practice — Appellate review — discretionary refusal to extend time — Court of Appeal Rules, 2009, Rule 10 & Rule 66(1)
Civil procedure — Notice of motion — procedural non-compliance (omission to state grounds/basis) — Court of Appeal Rules, 2009, Rule 48(1)
13 June 2013
An applicant for extension to file a review must account for delay and show the intended review satisfies Rule 66(1) grounds.
Civil procedure — notice of motion defects — omission of grounds may be cured by supporting affidavit but Rule 48(1)&(2) requirements are vital
Civil procedure — Review jurisdiction
— Court will
— exceptional remedy
Criminal procedure — Extension of time — application for extension to file application for review
13 June 2013
An extension of time under s.11 must be sought first in the High Court; defective Notices of Motion are fatal.
Appellate practice — Appellate jurisdiction act s.11(1) — extension of time to file notice of appeal
Civil procedure — Notice of motion — Non‑citation renders application incompetent
13 June 2013
Seven-year unexplained delay and absence of arguable Rule 66(1) grounds warranted dismissal of extension application.
Civil procedure
— extension of time
— Public policy — finality of litigation as factor against granting extension where delay is inordinate and unexplained
Criminal law — Criminal appeals — Review of Court of Appeal judgment
13 June 2013
Extension to seek review refused for unexplained delay, defective notice, and failure to show prima facie Rule 66 grounds.
Civil procedure — Court of Appeal — extension of time to apply for review
12 June 2013
An application for extension of time must first be made to the High Court and comply with Court of Appeal Rules; defective notices are struck out.
Civil procedure
— Court of appeal procedure — extension of time
— omission to cite enabling provision fatal — defective Notices of Motion struck out
12 June 2013
A conviction must be entered before sentence; failure to do so is fatal and warrants quashing and remitting the record.
Criminal procedure — mandatory entry of conviction before sentence — sentencing without conviction fatal — appellate revisional powers — quash and remit for proper judgment
12 June 2013
Failure to enter conviction and inadequate visual-identification and recent-possession evidence led to quashing of convictions and release.
Criminal procedure — Mandatory requirement to enter conviction before sentence — Failure renders judgment a nullity — Criminal Procedure Act s 235(1)
Criminal law
— Identity evidence — Visual identification — Need for specific factual details to eliminate mistaken identity
— Doctrine of recent possession — Requirements: possession, property identification, recentness of theft, and that seized item is subject of the charge
12 June 2013