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Citation
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Judgment date
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| December 2018 |
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Court quashed child-rape conviction for equivocal plea and procedural defects, ordering a retrial.
Criminal law – guilty plea procedure – equivocal admission "it is true" – requirement to explain ingredients and record accused's own words – defective charge (handwritten alteration) – revisional powers – retrial ordered where trial was procedurally defective (child rape).
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14 December 2018 |
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Appellate hearing adjourned; court ordered return and reconstruction of missing exhibits after unlawful pre-appeal disposal.
Criminal procedure – custody and disposal of exhibits – section 353(1) Criminal Procedure Act – inadmissible/pre-appeal disposal of exhibits – incomplete record of appeal – prosecution's improper removal of exhibits – appellate court’s power to order return and reconstruction of record.
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14 December 2018 |
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Blaming prison authorities without their affidavit and failing to show Rule 66(1) grounds defeats an extension application.
* Criminal procedure – extension of time to file review – necessity to show good cause.
* Evidentiary requirement – allegations against prison authorities require corroborating affidavit from the prison authority.
* Court of Appeal Rules, 2009 – Rule 66(1): extension applicants must indicate grounds of review, not mere dissatisfaction.
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13 December 2018 |
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Victim's credible identification of a familiar assailant upheld; appeal dismissed; new grounds not entertained.
* Criminal law – Rape – Identification of accused – Victim as best witness; identification by a familiar witness supported by electric light and prolonged encounter. * Identification parade – Not necessary where identifying witness and accused are known to each other. * Evidence – Failure to cross-examine on a material matter ordinarily implies acceptance of the witness's evidence; afterthought defence. * Appeal procedure – Court of Appeal will not entertain grounds not raised in the first appellate court.
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13 December 2018 |
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Failure to convict before sentencing is fatal; weak identification and unsworn evidence justified quashing and release.
Criminal procedure – requirement to enter conviction before sentencing (s.235(1) CPA) – omission is fatal and vitiates judgment; Judgment contents (s.312(2) CPA) – conviction must specify offence and provision; Evidence – visual identification must be watertight; unsworn testimony has no evidential value (s.198(1) CPA); Retrial – discretionary under Fatehali Manji; powers of revision under s.4(2) AJA to quash and order release.
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13 December 2018 |
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Failure to convict before sentence renders the judgment void; weak evidence justified release, not retrial.
Criminal procedure – mandatory requirement to convict before sentencing (s.235(1) CPA) – failure renders judgment a nullity; effect on subsequent appeals; visual identification – need for watertight conditions (Waziri Amani); unsworn witnesses’ evidence no evidential value (s.198(1) CPA); discretion to order retrial guided by Fatehali Manji; use of s.4(2) AJA to quash and set aside.
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13 December 2018 |
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An equivocal plea and procedural failure in recording it led to quashing convictions and ordering a retrial.
Criminal procedure – Plea of guilty – Equivocal plea (“it is true”) – Requirement to explain every ingredient and record accused’s own words (s.228(2) CPA) – Charge sheet alteration unsigned – Revisional powers (s.4(2) AJA) – Quashing convictions and ordering retrial.
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13 December 2018 |
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Appellant's conviction for drug trafficking upheld; chain of custody and procedural omissions not fatal, sentence varied to run from conviction date.
Criminal law — Narcotic drugs — Proof of trafficking — credibility of eye‑witnesses at scene and supporting documentary exhibits; chain of custody — requirements and when alleged gaps are fatal; admissibility of search certificate — s.38(2) CPA and curable omissions under s.388; weight discrepancies — deference to expert chemist analysis; sentencing — commencement of custodial term to run from conviction date.
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13 December 2018 |
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High Court lacked jurisdiction to extend time after appeal transferred and determined by a subordinate court with extended jurisdiction.
Appellate jurisdiction – transfer of appeal to subordinate court with extended jurisdiction – effect of transfer; Appellate Jurisdiction Act s.11(1) – power of subordinate court with extended jurisdiction to extend time; Court of Appeal revisional powers s.4(2) AJA – nullification of High Court order; Competency of appeal – requirement of valid notice of appeal.
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13 December 2018 |
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Where an appeal has been transferred, extension of time must be sought from the subordinate court that heard it; High Court’s extension was invalid.
Appellate procedure — transfer under Magistrates Courts Act s45(2) — subordinate court exercising extended jurisdiction deemed to sit as High Court — power to extend time under Appellate Jurisdiction Act s11(1) — High Court lacked jurisdiction to grant extension after transfer — revisional jurisdiction under AJA s4(2) to nullify void orders — notice of appeal Rule 68(1) — incompetence and striking out of appeal.
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13 December 2018 |
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A High Court may not extend time to appeal once the matter has been transferred to a subordinate court exercising extended jurisdiction.
* Appellate jurisdiction – transfer of appeal to subordinate court with extended jurisdiction – effect of transfer on High Court’s residual powers. * Extension of time – section 11(1) Appellate Jurisdiction Act – subordinate court with extended jurisdiction empowered to extend time. * Competency of appeal – rule 68(1) TANZ. Ct. of Appeal Rules – notice of appeal institutes appeal. * Revisional powers – section 4(2) Appellate Jurisdiction Act – nullification of invalid High Court order.
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13 December 2018 |
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Failure to obtain and read assessors' written opinions before judgment vitiates tribunal proceedings, requiring nullification and rehearing.
Land Disputes Courts Act s.23(1)–(2); Regulation 19(2) Land Disputes Courts Regulations 2003; assessors’ participation — written opinions to be on record and read to parties; failure to obtain/read opinions is fatal irregularity; nullification and rehearing ordered.
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12 December 2018 |
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Appeal dismissed: appellant's rape conviction upheld as prosecution proved penetration and identification beyond reasonable doubt.
Rape — sufficiency of evidence — credibility of child complainant — medical evidence of bruising as proof of penetration — absence of sperm not fatal — hearsay limited to reporting/investigative roles — topographical errors immaterial — appellate jurisdiction excludes new grounds not raised on first appeal.
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12 December 2018 |
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An applicant’s procedural errors in earlier review attempts can constitute sufficient cause for an extension of time to file review.
Procedure – Extension of time – Rule 10 Court of Appeal Rules; requirement of sufficient cause; procedural mistakes in earlier applications may constitute good cause; discretion to grant extension; Benedict Mumello precedent.
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12 December 2018 |
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12 December 2018 |
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Appeal dismissed: conviction for drug trafficking upheld; chain of custody intact; sentence to run from conviction date.
* Criminal law – Narcotic drugs trafficking – conviction based on eyewitness seizure and expert analysis by Chief Government Chemist.
* Evidence – Chain of custody – secured storage, supervision, repacking and transmission to chemist; no fraudulent interference.
* Evidence – Certificate of search and seizure – procedural defects not necessarily fatal; admissibility considered in context and curable.
* Criminal procedure – Duty to call defence witnesses for allegations of planting; burden on accused to prove such assertions.
* Sentencing – Sentence must run from conviction; pre-conviction custody is not a sentence though relevant as mitigation.
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12 December 2018 |
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Improper summing up to assessors and weak identification vitiated the trial; convictions quashed and sentences set aside.
Criminal procedure — Trials with assessors — Duty to select, number and inform assessors and to afford accused opportunity to object; Summing up — Trial judge must not express personal opinion or import extraneous facts and must direct assessors on all vital points of law (e.g., malice aforethought); Identification — Reliability of child witness identification at dusk, in a mob, and after delay; Sentencing — Prohibition of omnibus death sentences; Remedy — When procedural irregularities and weak identification render retrial inappropriate, convictions may be quashed and accused released.
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11 December 2018 |
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11 December 2018 |
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Appeal struck out under Rule 4(2)(a) due to appellants' absence and untraceability; liberty to re-institute granted.
Court of Appeal procedure – striking out appeal – Rule 4(2)(a) – appellants absent, unserved and untraceable – liberty to re-institute appeal.
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11 December 2018 |
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Victim's credible identification and medical bruising evidence upheld; appeal dismissed; new ground struck out.
Criminal law – rape – credibility of victim identification where victim knew accused; medical evidence of bruising sufficient to prove penetration; minor topographical errors do not vitiate prosecution case; appellate jurisdiction limits: grounds not raised on first appeal struck out.
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11 December 2018 |
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Victim's credible testimony, corroborated by medical evidence, upheld sodomy conviction and life sentence.
* Criminal law – Unnatural offence (sodomy) involving a child – conviction based on victim's credible testimony and medical corroboration.
* Evidence Act s.127(7) – complainant's evidence, if credible, may alone sustain conviction in sexual offences.
* Medical evidence – expert examination corroborating sexual assault; not hearsay.
* Credibility – appellate deference to concurrent findings on witness credibility; allegations of fabrication as afterthoughts.
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11 December 2018 |
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Summing-up defects and nondirection to assessors vitiated the trial; convictions and omnibus death sentences quashed.
* Criminal procedure – trials with aid of assessors – requirement to select, number, inform and allow objections – failure vitiates trial.
* Summing up – trial judge must not express personal opinion or import extraneous facts when addressing assessors.
* Directions to assessors – must cover all vital points of law (including malice aforethought) to avoid nondirection.
* Identification evidence – reliability of child witness in chaotic, late-evening mob context and delay in naming suspects.
* Sentencing – omnibus death sentence improper; sentence should be passed on only one murder count.
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10 December 2018 |
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A credible child complainant’s testimony can alone sustain the appellant's conviction under section 127(7) of the Evidence Act.
Evidence Act s.127(7) – credibility of child complainant; sexual offences – unnatural offence; medical evidence as corroboration of sexual assault; hearsay objection rejected; appeal – deference to concurrent credibility findings.
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10 December 2018 |
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High Court's extension to appeal in matter heard by a subordinate court with extended jurisdiction was invalid.
Appellate procedure — Transfer under s.45(2) Magistrates Courts Act — Jurisdiction to extend time to file notice of appeal — High Court lacking power once matter transferred to subordinate court exercising extended jurisdiction — Nullity of High Court order — Competence of appeal — Revisional jurisdiction under s.4(2) Appellate Jurisdiction Act.
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10 December 2018 |
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Applicant failed to show sufficient cause or account for inordinate delay; extension of time application dismissed.
Civil procedure – Extension of time – Rule 10 and Rule 62(1)(a) Court of Appeal Rules, 2009 – requirement to show sufficient cause and provide material – registrar’s duty (no obligation) to inform litigant of reference procedures – applicant must account for each day of delay.
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7 December 2018 |
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Unexplained two-year delay and no duty on Registrar to inform litigant warranted dismissal of extension application.
Court of Appeal — Extension of time — Rule 10 and Rule 62(1)(a) — Applicant must show sufficient cause and account for entire delay; Registrar has no duty to inform litigant of informal reference/review rights; procedural time limits to be observed unless justice requires relaxation.
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7 December 2018 |
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High Court had no jurisdiction to extend time to appeal after matter was transferred and decided by a subordinate court with extended jurisdiction.
Criminal appeal – appeal transferred to Resident Magistrate exercising extended jurisdiction – competency of subsequent applications to High Court – section 45(2) Magistrates Courts Act – section 11(1) Appellate Jurisdiction Act – extension of time to file notice of appeal – High Court lacked jurisdiction where subordinate court with extended jurisdiction had heard the matter – revisional powers under section 4(2) AJA – appeal struck out.
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7 December 2018 |
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Charge omitting specific subsection and sentencing provision for child rape was incurably defective, warranting quashing and release.
Criminal law – Charge framing – Rape: a charge must cite the subsection creating the offence, the specific category of rape alleged and the sentencing provision; omission is incurably fatal where it deprives accused of fair notice (child rape — s.130(2)(e), s.131(3)).
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6 December 2018 |
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Failure to comply with section 240(3) CPA and improper re‑examination rendered the applicant's rape conviction unsafe.
* Criminal law – rape – essential ingredient of penetration – penetration must be proved in examination‑in‑chief; new material in re‑examination may be excluded if it prejudices right to cross‑examination.
* Criminal procedure – section 240(3) Criminal Procedure Act – mandatory duty to inform accused of right to require attendance of the person who prepared medical report (PF3); non‑compliance renders PF3 inadmissible/expunged.
* Evidence – credibility – inconsistencies in victim’s testimony can erode credibility; trial court must not rely on theories or extraneous matters not canvassed in evidence.
* Appellate jurisdiction – this Court will not ordinarily entertain grounds not raised in the first appellate court.
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6 December 2018 |
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Rape convictions quashed for failure to prove penetration and non-compliance with s240(3) regarding PF3.
Criminal law — Rape: penetration must be proved in examination-in-chief; Evidence — re-examination must not introduce new matters; Criminal Procedure Act s240(3) — accused’s right to call maker of PF3; PF3 expunged for non-compliance; Appellate jurisdiction — new grounds not entertained if not raised below; Trial judge — prohibition on relying on extraneous theories.
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5 December 2018 |
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Failure to involve assessors actively and to place their written opinions on record vitiated the trial, warranting nullification and retrial.
Land Disputes — District Land and Housing Tribunal — Mandatory involvement of assessors — Section 23(1)&(2) Land Disputes Courts Act — Regulation 19(2) — Assessors’ written opinions must be given before judgment and be on record — Failure to involve assessors/Vitiated trial — Incurable irregularity — Nullity and retrial ordered.
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5 December 2018 |
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A rape charge citing only s130(1) is incurably defective; omission of relevant subsections warrants quashing and release.
Criminal law – Rape: charge must cite the creating subsection and sentencing provision (eg. s130(2)(e), s131(3)) in addition to s130(1); Criminal Procedure Act s135(a)(ii) – clarity of statement of offence; defective charge denying fair trial is incurably fatal and not curable under s388 CPA; appellate power under s4(2) AJA to quash proceedings and order release.
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4 December 2018 |
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A conviction based on a defective charge citing non-existent provisions deprived the appellant of a fair trial and was quashed.
Criminal procedure – defective charge sheet – citation of non-existent statutory provision; failure to state particulars under section 130(2) – accused deprived of fair trial; appellate revisional jurisdiction – section 4(2) AJA – nullification of proceedings, quashing conviction and setting aside sentence.
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3 December 2018 |
| November 2018 |
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A charge omitting the person against whom force was used in armed robbery is a fatal defect requiring quashing of conviction.
* Criminal procedure – charge particulars – armed robbery – omission to specify person against whom force or threat was used – fatal defect under s.132 CPA.
* Evidence – affirmation – witnesses who state they are pagans must be affirmed under s.198(1) CPA and related law; failure renders evidence irregular.
* Appellate powers – incurable defects – quashing proceedings and judgments and ordering release under s.4(2) AJA.
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29 November 2018 |
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Omission to identify the person threatened in armed robbery particulars is incurably fatal, warranting quashing of conviction.
* Criminal law – Armed robbery – particulars must disclose essential ingredients, including the person against whom force was used – requirement of section 132 Criminal Procedure Act; omission fatal.
* Evidence – affirmation of witnesses – section 198(1) CPA and NPCO Act – failure to affirm pagan witnesses renders evidence procedurally defective.
* Appellate jurisdiction – section 4(2) AJA – power to quash proceedings and order release where charge is incurably defective.
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29 November 2018 |
| February 2018 |
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Failure to record proper pleas and improper closing of prosecution's case rendered the trial a nullity; retrial ordered.
Criminal procedure – Notice of appeal – Rule 68(2) – incorrect appeal number; Consolidation of appeals – requirement to reflect consolidation in judgment heading; Plea-taking – section 228(1) CPA – failure to record plea renders trial nullity; Prosecution case – section 231(1) CPA – magistrate may not close prosecution's case; Appellate revisional powers – retrial ordered.
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21 February 2018 |
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Extension of time refused: applicant failed to show good cause or to account for periods of delay and seek legal aid.
* Civil procedure – Extension of time under Rule 10 – requirement to show 'good cause' – factors include length and reasons for delay and prejudice to respondents. * Necessity to account for each day of delay – failure to explain intervals is fatal. * Indigence and advocate's withdrawal do not automatically constitute good cause – duty to seek available pro bono/legal aid.
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20 February 2018 |
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Failure to swear witnesses and inadequate identification evidence rendered the trial a nullity; convictions quashed and no retrial ordered.
* Criminal procedure – mandatory administration of oath or affirmation to witnesses – failure renders evidence of no value and trial a nullity.
* Evidence – visual identification – criteria for safe identification (Waziri Amani).
* Evidence – doctrine of recent possession – requires proper identification of recovered items by rightful owners.
* Retrial – principles in Fatehali Manji – retrial not ordered where prosecution would unfairly benefit.
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20 February 2018 |
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Voluntary extra‑judicial confessions and reliable medical evidence upheld rape conviction; appeal dismissed.
* Criminal law – Identification – reliability of visual identification at night/darkness; Waziri Amani principles. * Evidence – Extra‑judicial oral confessions – voluntariness and admissibility; effect of failure to cross‑examine. * Medical evidence – PF.3 admissibility and corroboration of sexual assault. * Appellate review – assessment of credibility and consideration of defence evidence.
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20 February 2018 |
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Voire dire was defective and expunged, but corroborative medical and eyewitness evidence upheld the rape conviction; appeal dismissed.
* Evidence Act s.127 — Competency/voirdire test for child witnesses — requirement to determine understanding of oath or sufficient intelligence before admitting unsworn evidence; failure mandates expungement. * Criminal Procedure Act s.312(1) — duty of trial court to consider defence; appellate re-appraisal can cure omission where record suffices. * Rape — conviction may be sustained without victim’s testimony if other cogent and corroborative evidence (eyewitness and medical) proves penetration beyond reasonable doubt.
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19 February 2018 |
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Failure to administer oaths rendered the trial a nullity; convictions quashed and no retrial ordered.
Criminal procedure – Evidence given without oath or affirmation – serious contravention of section 198 renders trial a nullity; Identification evidence – Waziri Amani criteria for visual ID – necessity of describing conditions and features; Recent possession – requirement of proper identification of recovered property and lawful admission of exhibits; Retrial – application of Fatehali Manji principles and interests of justice.
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19 February 2018 |
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A defective attempted-rape charge and unsworn testimony rendered the appellant's trial a nullity; conviction quashed.
* Criminal law – Attempted rape – charge must allege subsection (2) factual circumstances (eg threat) and intent – particulars must disclose essential elements.
* Criminal procedure – Charge sheet defects – omission to specify essential ingredients may render charge incurably defective.
* Evidence – Section 198 – witnesses (and accused) must be sworn or affirmed; unsworn testimony is of no evidential value.
* Procedure – Failure to record formal closure of prosecution, ruling on prima facie case, section 231(1) address, and unilateral closing of defence noted.
* Appellate/revisional powers – nullity of trial, quashing of conviction, retrial discretion where prosecution evidence weak.
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19 February 2018 |
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Inadequate summing up to assessors deprived them of proper guidance, rendering the trial a nullity and prompting retrial of both accused.
Criminal procedure — Summing up to assessors — Necessity to explain law, burden and standard of proof, and salient evidential issues (including visual identification) — Inadequate summing up renders trial a nullity — Retrial ordered.
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19 February 2018 |
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Where a subordinate court exercised extended jurisdiction, that subordinate court—not the High Court—may extend time to appeal.
Appellate jurisdiction – extension of time to give notice of appeal – section 11(1) Appellate Jurisdiction Act – where subordinate court exercises extended powers the same subordinate court, not the High Court, must extend time; Court of Appeal Rules, r.47 not applicable in such cases.
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16 February 2018 |
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A credible child’s unsworn testimony, corroborated by medical evidence, can alone sustain a sexual offence conviction under section 127(7).
Criminal law – Sexual offences against children – Competency and reception of unsworn evidence of a child of tender years – Section 127(7) Evidence Act permitting conviction on credible child’s testimony; corroboration by medical PF3; failure to call investigator not fatal (s.143).
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16 February 2018 |
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Defective attempted-rape charge and unsworn testimony rendered the appellant's trial a nullity; conviction quashed.
Criminal law – Charge-sheet requirements – attempted rape – particulars must disclose factual circumstances under section 132(2) (a)-(d); Criminal procedure – Evidence – witnesses and accused must be sworn or affirmed (s.198) – unsworn testimony has no evidential value; Procedural fairness – failures to formally close prosecution, rule on prima facie case, and to address accused under s.231(1).
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16 February 2018 |
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Failure to record reasons for judicial takeover under s299(1) CPA renders subsequent proceedings a nullity; retrial ordered.
* Criminal procedure – Trial takeover – Section 299(1) CPA – Requirement that successor judge records reasons for taking over and informs accused of right to elect re‑summoning witnesses – Failure is fatal irregularity and jurisdictional defect.
* Appellate powers – Section 4(2) AJA – Quashing proceedings and ordering retrial where successor judge lacked jurisdiction.
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14 February 2018 |
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Failure to enter a conviction under section 235(1) CPA is a fatal, incurable irregularity; proceedings quashed and remitted.
* Criminal procedure — Requirement to enter conviction — Section 235(1) CPA — Failure to enter conviction renders judgment and sentence a nullity.
* Limitation of section 388 CPA — Cannot cure absence of a conviction or resurrect a non-existent judgment.
* Appellate jurisdiction — Appellate court cannot enter conviction in place of trial court; revisional powers used to quash and remit.
* Remedy — Quash trial and appellate judgments and remit for proper judgment and conviction.
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14 February 2018 |
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Successor judges’ failure to record reasons for taking over a trial renders subsequent proceedings and judgment a nullity.
* Criminal procedure – Section 299(1) CPA – Successor judge must record reasons for takeover and inform accused of right to re-summon witnesses – Non-compliance renders subsequent proceedings and judgment a nullity.
* Appellate jurisdiction – Section 4(2) AJA – Power to quash proceedings and remit for retrial where fundamental illegality occurred.
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13 February 2018 |
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Life sentence for manslaughter reduced to 15 years where trial court failed to adequately consider mitigating factors.
* Criminal law – Manslaughter – Sentencing – Whether life sentence was manifestly excessive – Mitigating factors including first offender status and time in remand custody – When appellate court may interfere with sentence.
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13 February 2018 |