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Citation
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Judgment date
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| July 2025 |
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Warehouse receipts constituted a binding contract; liability for cashewnuts' shrinkage falls on the warehouse operator.
Contract Law - Binding nature of warehouse receipts - Breach of storage contract - Warehouse operator's liability for loss.
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1 July 2025 |
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The appeal rectified misjudgment on land ownership, clarifying proof of sale, allocation errors, and plot distinctions.
Property Law – Land ownership dispute – Double allocation claim – Validity of sale and transfer of right of occupancy – Burden of proof for ownership.
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1 July 2025 |
| June 2025 |
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High Court judicial review application dismissed due to lack of proper leave and non-compliance with filing deadlines.
Procedural law – Judicial review – Requirement for leave – Filing time limits – Competency of applications without proper leave.
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30 June 2025 |
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The High Court's omission to address a preliminary objection before trial led to nullification of its judgment.
Civil Procedure - Preliminary objection - Failure to address jurisdictional objections before substantive suit - Procedural irregularity - Nullification of high court proceedings.
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30 June 2025 |
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The court dismissed the appeal, confirming the respondent's right to remit taxes from the settlement amount without prior tax demand review by the appellant.
Contract law – Interpretation of the Deed of Adjustment – Tax liabilities and payments – Authority to remit taxes.
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30 June 2025 |
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The appellants' convictions were overturned due to unresolved contradictions in witness testimonies and failure to present material witnesses.
Criminal Law – Manslaughter and grievous harm – witness contradictions and failure to call material witnesses – burden of proof beyond reasonable doubt.
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30 June 2025 |
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Court favors the original bench to preside over reviews when members are available, per procedural rules.
Criminal Procedure – Review of court's decision – Interpretation and application of Rule 66(5) regarding the bench selection for review hearings.
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27 June 2025 |
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The conviction for rape was quashed due to uncorroborated evidence and credible alibi presenting reasonable doubt.
Criminal Law – Rape offense – Reliability of victim's testimony – Role of material witness in rape cases – Validity of alibi.
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27 June 2025 |
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Court of Appeal sets aside conviction for lack of credible and reliable victim testimony in sexual offences case.
Criminal Law – Sexual Offences – Dependence on victim’s testimony – Assessment of credibility and reliability of evidence.
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26 June 2025 |
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Appeal dismissed; statutory rape conviction upheld based on substantive evidence and credible victim testimony.
Criminal law – rape of a minor – admissibility of evidence – recording of child testimony – proof beyond reasonable doubt – credibility of victim’s testimony. |
26 June 2025 |
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Court finds prosecution failed to maintain the chain of custody and resolve evidence discrepancies, overturning conviction for drug possession.
Criminal law – Procedural fairness – Chain of custody – Drug possession – Weight discrepancy – Insufficient evidence to sustain conviction. |
25 June 2025 |
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Court quashes university's refusal to reconsider appeal, citing violation of right to fair trial and procedural error.
Judicial review – University academic decision – Right to be heard – Duty to give reasons – Natural justice
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25 June 2025 |
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The appellant's murder conviction was upheld as the evidence was deemed sufficient beyond reasonable doubt despite alleged contradictions.
Criminal Law – Murder – Reliability of witness testimony and alleged contradictions – Definition and relevance of confession – Evidentiary standards in appeal.
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25 June 2025 |
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Doubts about victim's credibility and insufficient medical evidence led to quashing of statutory rape conviction.
Criminal law – statutory rape – credibility of minor victim's testimony – reliability of medical evidence without physical signs – role of omitted witness testimony.
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24 June 2025 |
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Court quashes conviction for rape and impregnation due to evidentiary inconsistencies and failure of proof beyond reasonable doubt.
Criminal law – Rape and impregnating minors – Variance between charge details and evidence – Proof beyond reasonable doubt – Credibility of witness testimony in sexual offense cases.
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24 June 2025 |
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High Court dismissal of extension of time application quashed due to appellant's right to be heard being denied.
Criminal Law - Appeal - Application for extension of time - Right to be heard - Errors by High Court in dismissing application.
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24 June 2025 |
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Appeal dismissed, focusing on procedural errors and sufficiency of circumstantial evidence in a rape case.
Criminal Law - Appeal filing period - Evidence admissibility under section 127(2) Evidence Act - Confessed evidence during preliminary hearing - Consideration of appellant's defense.
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23 June 2025 |
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Convictions for armed robbery and rape quashed due to insufficient evidence and inconsistencies in witness testimony.
Criminal Law – Armed robbery and rape – Insufficient evidence – Inconsistent naming and unproven item identification - Failure to call material witness.
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23 June 2025 |
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Conviction in a rape case overturned due to victim's credibility issues and prosecution's procedural errors.
Criminal Law - Offences against the person - Rape - Proof of offence - Victim's credibility and prompt reporting.
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20 June 2025 |
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Defective notice of appeal and premature filing render criminal appeal incompetent.
Criminal procedure - notice of appeal - validity - appeal filed before the decision - effect of premature filing.
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20 June 2025 |
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Conviction quashed due to failure to summon key witness and discrepancies in testimonies undermining proof beyond reasonable doubt.
Criminal Law – Appeal – Credibility of child witness – Identification issues – Importance of calling a crucial witness – Discrepancies in evidence affecting the burden of proof.
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20 June 2025 |
| July 2024 |
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An appeal against a conviction based on an unequivocal plea of guilty was dismissed despite procedural errors in admitting evidence.
Criminal procedure – appeal against conviction on a plea of guilty – requirements for an unequivocal plea – admissibility of exhibits – effect of procedural defects in evidence where conviction is based solely on the plea – section 360(1) of Criminal Procedure Act.
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1 July 2024 |
| June 2024 |
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An application for extension of time was struck out for lack of proper supporting affidavits and failure to name all applicants.
Civil procedure – Application for extension of time – Affidavit requirements in representative applications – Necessity of identifying all applicants – Application fatally defective if not supported by affidavits of all applicants and if other parties are not named – Application struck out.
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28 June 2024 |
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The court upheld an armed robbery conviction based on a confession, visual identification, and recent possession of stolen property.
Criminal law – armed robbery – appeals – sufficiency of proof – visual identification – admissibility of confession – doctrine of recent possession – adequacy of charge particulars – effect of procedural irregularities in caution statements.
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28 June 2024 |
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A valid and unequivocal guilty plea, despite minor charge sheet errors, supports conviction and mandatory minimum sentence for drug offences.
Criminal law – Plea of guilty – Whether plea unequivocal – Minor irregularities or typographical errors in charge sheet – Tendering and reading of exhibits – Mandatory minimum sentence under the Drugs Control and Enforcement Act.
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13 June 2024 |
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The court upheld a statutory rape conviction, confirming the victim's age was sufficiently proven and dismissing the appeal in its entirety.
Criminal law – statutory rape – proof of age of victim – evidence required in sexual offence cases – confessional statements – admissibility of medical reports – appellate procedure regarding new grounds of appeal.
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13 June 2024 |
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A suit for compensation arising from alleged land trespass and government promises was dismissed as time-barred.
Land law – Limitation of actions – Time-barred suits – Pleading requirements under Order VII Rule 6 of the Civil Procedure Code – Causes of action in tort and compensation – Non-joinder of necessary parties – Civil procedure and interpretation of pleadings.
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12 June 2024 |
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Appeal allowed where conviction for rape was based on untested and unreliable complainants’ evidence with material contradictions.
Criminal law – Rape – Sexual offences – Victim evidence – Assessment of credibility and reliability – Contradictory testimony – Standard of proof in criminal cases – Failure by trial court to test credibility of witnesses – Conviction based on weak and unreliable evidence.
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12 June 2024 |
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Appellant's conviction for unnatural offence upheld due to credible identification by recognition and sufficient corroborative evidence.
Criminal law – Unnatural offence – Proof beyond reasonable doubt – Identification by recognition – Reliability of witness testimony – Medical evidence sufficiency – Appellate interference with concurrent findings – Criminal Procedure Act, section 235(1).
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12 June 2024 |
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Court affirms convictions for drug trafficking, finding constructive possession and rejecting procedural and evidentiary challenges by the appellants.
Criminal law – trafficking in narcotic drugs – constructive possession – sufficiency of evidence – chain of custody – admissibility of retracted confession – procedural irregularities in search and seizure – standard of proof beyond reasonable doubt.
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11 June 2024 |
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The appellate court upheld the conviction for rape and unnatural offence, emphasizing the sufficiency of victim testimony and corroborating evidence.
Criminal law – Sexual offences – Rape and unnatural offence – Standard of proof – Admissibility of medical evidence – Sufficiency of victim’s testimony – Credibility of witnesses – Appellate review of concurrent findings.
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11 June 2024 |
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A public servant must exhaust statutory remedies before referring a labour dispute to the CMA; failure voids proceedings.
Labour law – Public servants – Jurisdiction – Requirement to exhaust internal remedies before referring disputes to the Commission for Mediation and Arbitration – Applicability of section 32A of the Public Service Act – Nullity of proceedings commenced without jurisdiction.
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11 June 2024 |
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Extension of time granted where the applicant diligently accounted for delay in filing the record of appeal out of time.
Civil Procedure – Application for extension of time – Good cause under Rule 10 of the Tanzania Court of Appeal Rules – Principles for granting extension – Accounting for delay and diligence in prosecution.
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10 June 2024 |
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An appeal was struck out as time-barred due to failure to serve a requisite letter on the respondents within the statutory period.
Civil procedure – Appeals – Failure to serve letter requesting certified High Court documents – Time bar – Requirement for proof of service – Certificate of delay – Overriding objective principle not applicable to mandatory procedural requirements.
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10 June 2024 |
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Conviction for rape quashed due to unreliable and inconsistent prosecution evidence that failed to prove guilt beyond reasonable doubt.
Criminal law – rape – credibility of witness – contradictions in prosecution evidence – standard of proof in sexual offence cases – second appeal – concurrent findings of lower courts overturned where based on misapprehended evidence.
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7 June 2024 |
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An appeal was struck out as time barred due to late application for proceedings and failure to serve respondents as required by law.
Civil procedure – Appeal – Time limits for institution of appeal – Rule 90 (1) and (3) Tanzania Court of Appeal Rules, 2009 – Exclusion of time and requirements for application and service for certified proceedings – Late application and failure to serve respondents disentitles appellant from time exclusion – Appeal struck out as time barred.
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7 June 2024 |
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Circumstantial and recognition evidence sufficed to uphold a murder conviction despite procedural defects and minor inconsistencies.
Criminal law – Murder – Circumstantial evidence – Recognition evidence – Whether failure to include accused’s cautioned statement in committal proceedings is fatal – Doctrine of last seen – Minor contradictions in prosecution evidence – Sufficiency of circumstantial evidence for conviction.
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5 June 2024 |
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A conviction for armed robbery was quashed due to material variance between the charge and prosecution evidence, and failure to prove essential elements.
Criminal law – armed robbery – variance between charge and evidence – proof of elements of offence – amendment of charge sheet – standard of proof – quashing of conviction on appeal.
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4 June 2024 |
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Court allows appellant to supplement missing third-party procedure documents in the record rather than nullifying proceedings.
Civil procedure – Third-party proceedings – Order I Rule 14(3) of the Civil Procedure Code – Omission of order granting leave – Supplementing record under Rule 96(7) of the Court of Appeal Rules – Incomplete record of appeal.
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4 June 2024 |
| May 2024 |
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Conviction quashed where eyewitness identification was unreliable and contradictions were not resolved by the trial court.
* Criminal law – Murder – visual identification – requirement that identification evidence be watertight to eliminate mistaken identity (Waziri Amani principle).
* Evidence – contradictions in eyewitness testimony and failure of trial court to resolve material inconsistencies undermining conviction.
* Evidence – alleged cautioned statement not tendered and therefore not admissible; hearsay cannot support conviction.
* Procedure – appeal abates on death of appellant under Rule 78(1) Court of Appeal Rules, 2009.
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30 May 2024 |
| August 2023 |
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9 August 2023 |
| May 2023 |
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5 May 2023 |
| April 2023 |
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27 April 2023 |
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24 April 2023 |
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24 April 2023 |
| March 2023 |
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Prisoner’s appeal deemed timely under s.363 C.P.A.; High Court wrongly dismissed instead of striking out; matter remitted for merits.
Criminal procedure – Appeal period under s.361(1)(b) C.P.A. – Prisoner appellants – Filing by presenting petition and copies to the officer in charge under s.363 C.P.A. – Time-bar remedy: striking out v. dismissal – Revisional powers under s.4(2) AJA to nullify and remit.
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31 March 2023 |
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31 March 2023 |
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31 March 2023 |
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30 March 2023 |
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30 March 2023 |