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Citation
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Judgment date
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| August 2025 |
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The court upheld the appellant's rape conviction, finding the charge sufficient and the victim's testimony credible and reliable.
Criminal law – Rape – sufficiency of charge particulars – credibility of victim’s testimony – proof of penetration – identification of accused – appellate review of concurrent factual findings.
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28 August 2025 |
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Compensation for unfair termination under a fixed-term contract includes full remuneration and subsistence until repatriation.
Employment Law - Termination under fixed-term contract - Compensation based on total remuneration - Subsistence allowance period under ELRA.
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7 August 2025 |
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The court dismissed the appeal, supporting termination for breach of lease agreement by subletting and unauthorized renovations.
Contract Law – Lease Agreement – Consent to Renovate – Subletting without Consent – Termination of Lease
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7 August 2025 |
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Failure to join a necessary party, Mabanda Village Council, caused procedural irregularity in a land dispute case.
Land Law – Joinder of necessary parties – Procedural irregularity in land dispute resolution – Legal obligations of village councils.
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6 August 2025 |
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The appellant's conviction for an unnatural offense was upheld, and appeal dismissed, confirming sentence validity.
Criminal Law – unnatural offense – sufficiency of evidence – validity of charge – right to defense witnesses.
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5 August 2025 |
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A rape conviction was overturned as the victim's credibility was undermined, leading to acquittal for lack of proof beyond reasonable doubt.
Criminal law – rape – standard of proof – victim credibility – appellate review – concurrent findings of fact – assessing witness credibility by consistency and external corroboration – prosecution burden to prove charge beyond reasonable doubt.
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4 August 2025 |
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The absence of Ihanga Village Council as a necessary party invalidated proceedings due to its role in land allocation.
Land law – Joinder of parties – Necessary party in land allocation dispute – Double allocation of land.
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4 August 2025 |
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Failure to prove gang rape beyond reasonable doubt due to unreliable victim and lack of corroborating evidence led to acquittal.
Criminal law – gang rape – credibility of victim – standard of proof beyond reasonable doubt – appellate re-evaluation of evidence – effect of unreliable complainant testimony – medical evidence and corroboration.
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1 August 2025 |
| July 2025 |
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The court quashed a rape conviction due to insufficient evidence on identification and procedural errors.
Criminal Law – Rape – proof beyond reasonable doubt – identification – evidentiary standard – medical examination delays
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31 July 2025 |
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An administrator cannot resurrect a time-barred claim under customary law from a deceased's estate.
Customary Law – Limitation Period – Administration of Estates – Extinguished Right to Sue – Cause of Action Accrual
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30 July 2025 |
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Appeal challenging rape conviction dismissed; plea process deemed comprehensive despite appellant's age and illiteracy claims.
Criminal Law – Rape – Appellant's plea of guilty – Language comprehension and court record authenticity – Old age and illiteracy in plea process.
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29 July 2025 |
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Inconsistencies in evidence and contradictions led the court to quash the conviction for rape and order release.
Criminal Law – Rape – level of proof required for conviction – assessment of witness credibility – impact of contradictions in evidence – prior animosity as potential bias.
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29 July 2025 |
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The court quashed a conviction based solely on a cautioned statement recorded outside the statutory period without corroboration.
Criminal law – Evidence – Cautioned statement – Admissibility – Non-compliance with four-hour rule under section 50(1)(a) of the Criminal Procedure Act – Confession as sole evidence – Proof beyond reasonable doubt.
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29 July 2025 |
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Discrepancies between the charge and evidence led to the appellant's acquittal in a rape case.
Criminal law – rape charge – variance in charge date and evidence – failure to amend charge – acquittal due to unproven case.
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28 July 2025 |
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Appellant's rape conviction quashed due to flawed evidence and lack of corroboration.
Criminal law - Rape - Credibility of the sole witness - Necessity of corroborative medical evidence - Evaluation of trial court's findings.
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28 July 2025 |
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The Court of Appeal set aside a rape conviction due to lack of consistent prosecution evidence and missing key testimonies.
Criminal law – Rape – Insufficient evidence of penetration – Absence of key witness testimony and sketch map impacts prosecution case reliability.
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28 July 2025 |
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Appeal dismissed as circumstantial evidence and medical testimony sufficiently uphold conviction and sentence for unnatural offense.
Criminal law – Circumstantial evidence – Validity of conviction based on circumstantial evidence without eyewitnesses – Adequacy of medical testimony in proving violation.
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28 July 2025 |
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Amendment of charges without informing of right to recall witnesses leads to retrial's nullification.
Criminal Procedure – Fair trial – Amendment of charges – Right to recall witnesses – Procedural compliance under section 234 of the CPA.
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4 July 2025 |
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The defective charge rendered the appellant's burglary and theft convictions unsustainable, leading to nullified proceedings.
Criminal Procedure - Defective charges - Compliance with section 135 CPA - Incurability of defects under section 388 CPA.
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4 July 2025 |
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Improper charge amendment during judgment composition led to proceedings nullification and defendant's release.
Criminal procedure – amendment of charge – legality of charge amendment during judgment without parties' input – defective charge implications.
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4 July 2025 |
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The Court of Appeal allowed the appeal, deeming the sodomy charge unproven beyond reasonable doubt due to critical evidential inconsistencies.
Criminal law - sodomy - reception of evidence - section 127(2) of the Evidence Act - inconsistencies in evidence affecting proof beyond reasonable doubt.
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4 July 2025 |
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Trial court erred by opening a new case instead of following retrial order, leading to nullification of proceedings.
Criminal law – Procedure – Whether retrial order by appellate court was complied with – Nullity of proceedings from non-compliance.
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4 July 2025 |
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Failure to administer oaths to witnesses in arbitration proceedings nullifies the proceedings and necessitates a rehearing.
Labour Law – Arbitration Proceedings – Witnesses Testifying Without Oath – Nullification Due to Procedural Non-Compliance – Rehearing Ordered.
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4 July 2025 |
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The prosecution failed to prove rape beyond reasonable doubt, resulting in the appeal's allowance and appellant's release.
Criminal law – rape and impregnation of a school girl – evidentiary requirements for proof beyond reasonable doubt – procedural errors in charge sheet – impact of reporting delay on credibility.
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4 July 2025 |
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Defective charges and evidentiary inconsistencies led to appeal allowing and quashing convictions for armed robbery and gang rape.
Criminal law – Armed robbery – Requirement for weapon to be used against a person – Defective charge and conviction quashed. Criminal law – Gang rape – Discrepancy in charge and evidence – Conviction overturned due to prejudice against defendants. |
3 July 2025 |
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Convictions quashed due to procedural irregularities violating fair trial rights in a rape and robbery case.
Criminal Law - Defective charge - Omission of material particulars; Criminal Procedure - Change of magistrates without stated reasons; Fair trial - Prima facie findings and defense opportunity.
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3 July 2025 |
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Failure to establish the appellant's identification and substantial inconsistencies led to quashing of conviction for unnatural offence.
Criminal Law – Evidence – Identification – Reliability of victim's testimony in light of absence of prior description or identification.
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2 July 2025 |
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Conviction quashed due to charge-evidence variance on victim's identity, undermining trial fairness and reliability.
Criminal law — Rape — Variance between charge sheet and evidence regarding victim's identity — Conviction quashed due to unreliable evidence.
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2 July 2025 |
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Prosecution failed to prove theft beyond reasonable doubt due to speculative and inconclusive evidence of ownership and possession.
Criminal law – Theft – Proof of ownership and possession – Standard of proof – Prosecution's burden to prove allegation beyond reasonable doubt.
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2 July 2025 |
| June 2025 |
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Court nullified trial due to charge sheet irregularities, denying the appellant a fair trial.
Criminal Law – charge sheet irregularities – procedural fairness – defective charges – accused right to fair trial
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24 June 2025 |
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The Court of Appeal sustained an earlier High Court ruling on land ownership, nullifying subsequent proceedings.
Land Law – Ownership dispute – Validity of previous High Court ruling – Jurisdiction of Resident Magistrate's Court.
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11 June 2025 |
| April 2025 |
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Land tribunal's failure to adhere to procedures regarding assessors rendered proceedings invalid, necessitating a retrial.
Land Law – Land Dispute Resolution – Role of Assessors – Failure to Record and Read Assessors' Opinions – Change of Assessors During Trial – Validity of Tribunal Proceedings
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17 April 2025 |
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Appeal allowed as prosecution failed to prove marital rape beyond reasonable doubt due to contradictions and legal misinterpretations.
Criminal law - Rape - Elements of offense - Marital status considerations - Contradictory witness testimony.
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17 April 2025 |
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The appeal dismissed; the child witness testimony and identification evidence supports conviction despite procedural complaints.
Criminal Law - Rape - Child witness testimony - Compliance with section 127(2) Tanzania Evidence Act - Defense of alibi - Court's duty to consider accused's defense.
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16 April 2025 |
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Application for extension of time struck out due to defective affidavit containing extraneous matters.
Civil procedure – Application for extension of time – Incompetency due to defective affidavit – Rule against extraneous content in affidavits.
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9 April 2025 |
| February 2025 |
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The appeal challenging conviction for rape based on identification and procedural grounds was dismissed.
Criminal law - Rape - Identification evidence by recognition - Conviction based on witness testimony and medical evidence.
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28 February 2025 |
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Cancellation of trade union registration overturned due to a defective supporting affidavit lacking legal issues.
Labour Law – Trade Union Registration – Compliance with legal and procedural requirements for registration – Adequacy of supporting affidavit in applications for cancellation.
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27 February 2025 |
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Court of Appeal confirms High Court misstep by ordering a rehearing without re-evaluating evidence, contravening legal standards.
Labour Law - revision of arbitration proceedings - High Court's revisional powers under Employment and Labour Relations Act - re-evaluation of evidence vs. remitting for a fresh hearing.
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27 February 2025 |
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Employer's failure to renew a contract without valid reason constitutes unfair termination with compensation due.
Labour Law – unfair termination – reasonable expectation of contract renewal – remedies for breach of contract.
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27 February 2025 |
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The Court dismissed an appeal challenging evidential, procedural, and charge deficiencies in a rape conviction.
Criminal Law – Sexual offences – Credibility of witness testimony – Admissibility of cautioned statements – Charge sheet defects
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27 February 2025 |
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The appeal was struck out for being time-barred as documents were not requested within the prescribed period.
Civil Procedure – Appeal – Time limits for instituting appeals and requirements for valid certificates of delay.
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27 February 2025 |
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Conviction based on non-disclosed exhibits reversed due to improper admission procedures violating the appellant's rights.
Criminal Law - Admission of Evidence - Failure to read exhibits upon admission - Consequences for criminal conviction.
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27 February 2025 |
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An improper trial procedure necessitates nullification and an order for a retrial of the original case file.
Criminal procedure – Retrial order compliance – Irregular initiation of new case – Nullification of proceedings and order for retrial
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27 February 2025 |
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High Court erred in not addressing all grounds of appeal, but conviction upheld by considering omitted issues.
Criminal law – Appeal – Incest by male – Evaluation of high court's judgment – Grounds of appeal not fully addressed.
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25 February 2025 |
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Appeal dismissed; evidence supported a rape conviction despite noted discrepancies and incorrect legal provisions.
Criminal law – Rape – Sufficiency of evidence – Discrepancies in witness testimony – Application of appropriate legal provisions.
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25 February 2025 |
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Appeal results in sentence reduction due to insufficient proof of victim's age; conviction upheld by Court of Appeal.
Criminal law – rape – compliance with s.127(2) of TEA – proof of age in statutory rape cases – handling of evidence and visual identification.
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25 February 2025 |
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The court upheld the conviction for rape based on consistent and credible witness testimonies despite alleged procedural errors.
Criminal Law – Rape – Proper identification of the accused at the crime scene – Evaluation of witness credibility and prosecution by the arresting officers – Admissibility and handling of physical evidence.
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24 February 2025 |
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The case was remitted for retrial due to a missing substituted charge rendering prior proceedings null.
Criminal Law – substituted charge – missing charge sheet and facts – plea of guilty – retrial ordered
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24 February 2025 |
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The court quashed the appellant's conviction due to a defective charge sheet that combined multiple offences in one count.
Criminal law - Armed robbery - Procedural defect - Duplicity in charge sheet rendering conviction unsustainable.
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24 February 2025 |
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Appeal upheld due to procedural flaws and insufficient evidence in a murder conviction case.
Criminal law – murder conviction – circumstantial evidence – admissibility of evidence in presence of assessors – procedural irregularities.
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21 February 2025 |