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Citation
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Judgment date
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| October 2010 |
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Failure to comply with section 240(3) CPA renders a PF3 inadmissible, but corroborated child testimony can uphold a rape conviction.
* Criminal law – Rape of a child – admissibility and sufficiency of child testimony; voir dire and competency under section 127 TEA.
* Evidence – Documentary evidence – PF3 tendering; non-compliance with section 240(3) CPA renders document inadmissible.
* Appellate review – Deference to concurrent credibility findings; overturn only for glaring error or misdirection.
* Proof – Corroboration of unsworn child evidence by close relative and materiality of contradictions.
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15 October 2010 |
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Reported
Medical report improperly admitted and expunged; alibi implausible, visual identification credible—appeal dismissed.
Criminal law – Unnatural offence – Visual identification – requirement for watertight evidence; Criminal procedure – Section 240(3) CPA – right to call/report‑maker and cross‑examination; Alibi – accused need not prove but must raise reasonable doubt; Appellate review – deference to concurrent findings absent misapprehension or miscarriage of justice.
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15 October 2010 |
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PF3 improperly admitted and expunged; alibi failed and visual identification proved guilt beyond reasonable doubt, appeal dismissed.
* Criminal procedure – admissibility of medical reports (PF3) – duty under s.240(3) to inform accused of right to require author’s attendance for cross-examination.
* Evidence – alibi – accused need not prove alibi but must raise reasonable doubt; corroboration not required.
* Evidence – visual identification – reliability where witnesses knew accused and lighting was sufficient.
* Appeals – appellate restraint in disturbing concurrent findings of fact unless misapprehension or miscarriage of justice.
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15 October 2010 |
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Appeal dismissed: PF3 expunged for non‑compliance, conviction and statutory life sentence upheld.
Criminal law – Evidence – PF3 improperly admitted without maker’s examination contrary to s240(3) CPA – PF3 expunged; Evidence of child witness – voir dire inadequately recorded but unsworn child evidence corroborated by mother; Relatives may testify and their evidence is assessed on merit; Minor discrepancies not fatal to prosecution; Life sentence lawful under s131(3) Penal Code as amended by SOSPA.
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14 October 2010 |
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First appellate court's failure to consider appellant's grounds of appeal breached natural justice; appeal ordered reheard.
* Criminal law — Appeal procedure — Failure of first appellate court to consider grounds of appeal — Breach of rules of natural justice — Serious misdirection. * Exercising revisional powers under section 4(2) Appellate Jurisdiction Act to order rehearing.
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14 October 2010 |
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Reported
Procedural defects in medical report and child testimony, but admissions and conduct upheld conviction.
Criminal law – sexual offence (rape) – admissibility of PF3/medical report – failure to inform accused of rights under s240(3) CPA – PF3 expunged; Evidence Act s127(2) – voir dire for child witnesses – requirement to establish intelligence, duty to tell the truth and understanding of oath; visual identification – reliability at night and need to prove source/intensity of light; confessions/admissions and conduct – confession in law under s3(1)(a) Evidence Act can prove guilt beyond reasonable doubt.
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13 October 2010 |
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12 October 2010 |
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Medical report expunged for procedural breach but conviction upheld on credible eyewitness evidence.
* Criminal law – Unnatural offence – sufficiency of evidence where medical report expunged for non-compliance with section 240(3) CPA – conviction may stand on credible eyewitness testimony. * Evidence – admissibility of medical reports – mandatory right to summon/report maker under s.240(3) CPA. * Appellate review – evaluation of credibility and material contradictions; minor discrepancies not fatal unless they go to the gist of the case.
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12 October 2010 |
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The Court substituted armed robbery conviction with receiving stolen property and imposed seven years, finding no identification at the scene.
Criminal law – admissibility of cautioned statement once admitted – trial within a trial; Criminal procedure – alibi notice requirement and effect of non-compliance; Evidence – identification at scene versus possession of stolen property; Revisionary powers – substituting conviction to lesser offence (s.311 Penal Code) under s.4(2) Appellate Jurisdiction Act.
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11 October 2010 |
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11 October 2010 |
Olam Tanzania Limited and 3 Others vs Seleman S. Selemani and 4 Others (Consolidated Civil Revisions No. 2,3,4,5&6 of 2010; Consolidated Civil Revisions No. 2,3,4,5&6 of 2010; Consolidated Civil Revisions No. 2,3,4,5&6 of 2010; Consolidated Civil Revisions No. 2,3,4,5&6 of 2010; Consolidated Civil Revisions No. 2,3,4,5&6 of 2010) [2010] TZCA 404 (11 October 2010)
District land tribunals may hear Land Act disputes (including mortgages) unless specific statutes or an operational High Court Land Division sub-registry confer exclusive jurisdiction on the High Court.
Land law – jurisdiction of District Land and Housing Tribunals under section 33 of the Land Disputes Courts Act; exclusive jurisdiction of High Court (Land Division) over disputes with specified public corporations where Land Division sub-registry is operational (GN 301/2003, GN 41/1992); mortgage and registered-land disputes cognisable by tribunals subject to pecuniary/territorial limits; local authorities not automatically 'Government' for section 37(1)(c).
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11 October 2010 |
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11 October 2010 |
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Conviction quashed where improper voir dire and defective PF3 left the child’s evidence uncorroborated.
Criminal law – rape – child witness: voir dire under s127(2) TEA; admissibility of PF3 under s240 CPA (right to summon author); requirement of corroboration for irregular child evidence; conviction unsafe where medical report defective and witness accounts inconsistent.
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7 October 2010 |
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Rape conviction upheld on complainant’s credible testimony; conviction for impregnating schoolgirl quashed for lack of proof of paternity.
* Criminal law – Rape – Conviction may rest on the uncorroborated testimony of a victim if believed by the court (s.127(7) Evidence Act). * Criminal law – Impregnation of a school girl – Sexual intercourse alone does not conclusively prove paternity; prosecution must exclude reasonable doubt. * Evidence – Photocopy antenatal card used only for identification and not relied upon; no breach of s.240(3) affected outcome.
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7 October 2010 |
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Identification and credibility upheld; sentence found illegal for omitting corporal punishment and compensation and remitted for lawful sentencing.
* Criminal law – Rape – Identification of accused at scene where complainant knew accused and had close proximity; risk of mistaken identity diminished. * Appeals – Appellate deference to trial court findings on credibility absent misdirection. * Evidence – Alleged contradictions must be demonstrated as material to vitiate conviction. * Procedure – PF3 dating irregularity not fatal where medical exam timely and section 240(3) CPA complied with. * Sentencing – Section 131(1) Penal Code mandates imprisonment, corporal punishment and compensation; appellate court may invoke revisional powers under section 4(2) AJA to correct illegal sentence.
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7 October 2010 |
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Guilty plea unsupported by facts disclosing rape's ingredients is a fatal irregularity; matter remitted for fresh hearing.
Criminal law — guilty plea — necessity that facts read and admitted disclose the ingredients of the offence; fatal irregularity vitiating conviction; appellate revisional power under s.4(2) Appellate Jurisdiction Act — remittal for fresh hearing.
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6 October 2010 |
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Failure to provide separate counsel after a disclosed conflict vitiated the trial; proceedings quashed and retrial ordered.
Criminal procedure – Right to be defended (s.310 CPA) – Conflict of interest between co-accused – Preliminary hearing and presence of accused's advocate (s.192 CPA) – Irregularities vitiating trial – Retrial ordered (Fatehali Manji and related authorities).
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5 October 2010 |
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Court upheld a 15-year manslaughter sentence as not excessive but ordered it to run from first remand.
* Criminal law – Manslaughter – Sentencing discretion – appellate interference only where sentence is manifestly excessive, based on wrong principle, or material factors overlooked. * Sentencing – consideration of seriousness of offence and victim impact. * Period on remand – time spent in custody before conviction is a relevant factor and should be credited when fixing the commencement of sentence.
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5 October 2010 |
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Detailed cautioned confessions corroborated by conduct can uphold conviction despite weak visual identification and no recent possession.
Criminal law – armed robbery; visual identification at night – adequacy and need for parade; recent possession – requirement of recovery from accused; cautioned statements – voluntariness, corroboration and admissibility; appealability of procedural irregularities not raised below.
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4 October 2010 |
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Failure to provide separate counsel where conflict exists vitiates the trial; retrial ordered in the interests of justice.
* Criminal procedure – Right to be defended – Section 310 Criminal Procedure Act – absence of effective counsel in a capital trial vitiates fairness; * Conflict of interest between co-accused – obligation to provide separate advocates; * Preliminary hearing – section 192(1) CPA requires presence of accused and advocate for admissibility of exhibits; * Incurable procedural irregularities – vitiation of trial; * Retrial – discretionary order in the interests of justice (Fatehali Manji principles).
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4 October 2010 |
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Detailed confessions corroborated by conduct sustained convictions despite weak visual ID and absence of recent possession.
Criminal law – visual identification at night; doctrine of recent possession – requirement of actual possession/recovery; cautioned/confessional statements – voluntariness, need for corroboration; appellate scope – issues not raised below; liability as principal via conspiracy (section 22 Penal Code).
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1 October 2010 |
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Appeal dismissed: identification and alibi issues rejected; conviction upheld and sentence fixed at fifteen years.
Criminal law – Robbery with violence – Identification evidence and Waziri Amani criteria; Defence of alibi – notice under section 194 Criminal Procedure Act and weight to be accorded; Possession versus ownership in offences against property; Delay in arrest – relevance where not raised below; Sentence – Minimum Sentence Act limits and correction of unlawful enhancement.
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1 October 2010 |
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Conviction quashed where sole voice identification by a nine-year-old in darkness was unreliable and unsafe.
Criminal law – identification evidence – voice identification by a child in darkness – reliability and need for caution; familiarity with voice; conviction unsafe if based solely or substantially on unreliable identification; procedural complaint under s.192(3) CPA noted but not determined.
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1 October 2010 |
| September 2010 |
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Employee status and wage arrears upheld where monthly pay and written duties evidenced a contract and employer failed to keep statutory records.
Employment law – contract of service – definitions of employee, employer and contract of service under Employment Act (Cap. 366) – monthly payment and written duties constitute contract; casual employee defined separately. Employment records – s.40(1),(5) – employer’s failure to keep record makes employee’s account admissible. Procedure – s.153 – no fees payable in proceedings under the Act; illegal fees refundable. Appellate review – concurrent factual findings ordinarily not disturbed on second appeal.
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30 September 2010 |
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Second appellate court upheld wage-arrears award: respondent was an employee; employer failed statutory record-keeping; fees refundable.
Employment law – Employment Act (Cap. 366) – Definitions of employee, employer and contract of service – Casual employee – Section 2 and section 13; Record-keeping – section 40 and s.40(5) – employer’s failure to produce contract records; Evidence – employee’s statement receivable; Fees – section 153 prohibits fees in Employment Act proceedings; Appeal – deference to concurrent factual findings by lower courts.
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29 September 2010 |
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An appeal is incompetent and struck out where the High Court's drawn order was not signed by the judge as required.
Court of Appeal procedure — application of new Court Rules to pending proceedings — Rule 130(a) (impracticability) — mandatory requirement for judge's signature on decree/drawn order (Order 39 r.35(4) Civil Procedure Code) — defective drawn order signed by Registrar invalidates appeal — appeal struck out as incompetent.
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29 September 2010 |
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Appellate proceedings filed before 2009 Rules governed by prior practice; appeal struck out because decree was not signed by the judge.
* Civil procedure – Applicability of new Court of Appeal Rules (2009) to proceedings filed before their commencement – Rule 130(a) and impracticability.
* Court of Appeal Rules – Mandatory filing of headnotes/written submissions under Rule 106(1)/Rule 34(2) – consequences for non-compliance where rules apply.
* Civil Procedure Code – Order 39 Rule 35(4) – requirement that decrees/drawn orders be signed by the judge who passed them; unsigned decrees invalidate appeals.
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28 September 2010 |
| January 2010 |
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The Court upheld the applicant's manslaughter conviction, finding contradictions immaterial and no malice aforethought.
Criminal law — manslaughter v. murder — malice aforethought; ocular evidence and identification — contradictions and credibility of eyewitnesses; common intention; appellate revision under s.4(2) Appellate Jurisdiction Act.
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13 January 2010 |