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Citation
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Judgment date
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| December 2021 |
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Appellate court quashed enhanced compensation after High Court decided new unpleaded issues without hearing parties.
Labour law – unfair dismissal – CMA award and High Court revision – competence of arbitrator to regulate procedure and authenticate proceedings. Civil procedure – appellate/revisional courts – right to be heard – new issues cannot be raised and determined without affording parties opportunity to address them. Evidence – authentication of tribunal record – signatures and coram as sufficient safeguards.
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16 December 2021 |
| November 2021 |
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Denial of the right to be heard vitiates land tribunal proceedings and mandates a de novo retrial.
Land law; natural justice; constitutional right to be heard (Art.13(6)(a)); proceedings condemning parties unheard are a nullity; appellate revisional powers; order retrial de novo before DLHT.
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5 November 2021 |
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An appeal from a Ward Tribunal is incompetent and struck out if not supported by the required certificate on a point of law.
Land law – appeals from Ward Tribunal – requirement of certificate on a point of law (s.47(3) Land Disputes Courts Act). Civil procedure – competence of appeal – compliance with rule 46(1) Tanzania Court of Appeal Rules, 2009. Procedural timing – inability to cure jurisdictional defect by obtaining certificate after appeal lodged. Remedy – appeal struck out with costs.
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5 November 2021 |
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Conviction upheld on confession despite flawed reliance on recent possession; sentence reduced and compensation set aside.
Criminal law – recent possession doctrine – requirements and limitations where accused offers a plausible explanation. Evidence – cautioned statement – admissibility despite procedural irregularities and probative value where not objected to. Conviction – sufficiency of evidence where confession corroborates other evidence. Sentencing – appellate interference where sentence excessive or beyond magistrate's jurisdiction; substitution of lesser term. Compensation order – setting aside where circumstances warrant.
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5 November 2021 |
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Failure to account for delay and absence of apparent illegality warranted dismissal of extension application; appeal dismissed.
Labour law – extension of time – applicant must account for delay and act diligently to justify extension. Civil procedure – service of process – SMS service without proof may be inadequate to establish effective notice. Extension of time – illegality as sufficient cause must be apparent on the face of the record; newly raised or unsubstantiated illegality will not automatically justify extension.
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5 November 2021 |
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Proceedings were nullities where economic-offence trials lacked DPP consent and certificate; convictions quashed and appellants discharged.
Criminal law — Economic offences — Offences under Firearms and Ammunition Control Act prescribed as economic offences under EOCCA Schedule (Para.31) — Requirement of DPP consent (s.26 EOCCA) and certificate conferring subordinate court jurisdiction (s.12(3) EOCCA) — Absence renders trial a nullity; appellate judgment based on null proceedings also null. Appellate jurisdiction — Revisional powers (s.4(2) AJA) — quash convictions, set aside sentences, order discharge.
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4 November 2021 |
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Child witness's unsworn evidence was discounted, but conviction upheld on corroborative eyewitness and medical evidence.
Evidence Act s127(2) – witnesses of tender age must be required to promise to tell the truth; failure is fatal and evidence must be discounted. Criminal Procedure Act s240(3) – PF3 admissibility where author testifies and is cross-examined. Rape – medical evidence (PF3) can corroborate penetration where victim’s evidence is excluded. Criminal procedure – failure to call or cross-examine witnesses and remaining silent undermines defence and credibility challenges.
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4 November 2021 |
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Failure to prove service of the notice of appeal on the respondent or advocate renders the appeal incompetent and is fatal.
Civil procedure — Appeals — Service of notice of appeal — Rule 84(1) and (2) C.A. Rules — Requirement to serve respondent or respondent's advocate at advocate's address; proof of service required; preliminary objection on competence may be decided as point of law; failure to comply renders appeal incompetent.
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3 November 2021 |
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Procedural defects in exhibit handling and failure to prove presence in game reserve rendered convictions unsafe.
Criminal law – wildlife offences – being in game reserve without permit; possession of weapons and game meat in reserve. Evidence – tendering and admission of exhibits – public prosecutor cannot properly tender exhibits in lieu of a witness; documentary exhibits must be read out after admission. Procedure – inventory of seized game – Inventory Form prepared without accused's participation contravenes PGO and is inadmissible. Proof of locus – prosecution must prove the accused were within statutory boundaries of protected area.
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3 November 2021 |
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Unimpeached complainant's immediate report and corroboration suffice to uphold rape conviction despite expunged medical report.
Criminal law – Rape – Proof of penetration and credibility of unimpeached complainant; admissibility of PF3 improperly tendered by prosecutor – expungement but oral evidence admissible; recognition identification; distinction between rape and incest by male.
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1 November 2021 |
| October 2021 |
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Appellate judgment quashed and conviction overturned where prosecutor‑tendered exhibits and defective search evidence made prosecution case unsafe.
Criminal law – appellate duty to address grounds of appeal; admissibility of exhibits – public prosecutor cannot tender exhibits or act as witness; requirement to read out admitted documents; legality of search and need for independent corroboration; burden of proof in criminal cases.
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29 October 2021 |
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Variance between charge and evidence, material witness contradictions and defective exhibits defeated prosecution’s proof beyond reasonable doubt.
Wildlife offences – unlawful possession of government trophies – proof of possession and constructive possession. Criminal procedure – variance between charge particulars and evidence – duty to amend under section 234 CPA. Evidence – material contradictions among prosecution witnesses on crucial facts; effect on credibility. Admissibility – irregular tendering of documentary exhibit (trophy valuation certificate); expunction. Seizure procedure – defective certificate of seizure (timing, unauthorized officer, occupier’s signature) – reliability and admissibility.
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29 October 2021 |
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Failure to properly substitute and read the charge sheet rendered the appellants' trial a nullity and convictions were quashed.
Criminal procedure — Arraignment — Reading the substance of the charge and taking plea — Mandatory compliance (CPA s.228(1); EOCCA s.28). Substitution of charge sheet — Formal order required (CPA s.234). Validity of DPP consent/certificate — Date anomaly fatal to charge. Revisionary powers (AJA s.4(2)) — Nullification of proceedings; retrial discretionary and may be refused where prejudicial.
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25 October 2021 |
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Appellate court nullified lower appeal for failing to consider grounds and quashed convictions for lack of proof of reserve entry.
Appellate procedure – duty of an appellate court to address grounds of appeal – failure to do so attracts revisional remedy under s.4(2) AJA. Evidence – prosecution must prove essential ingredients of wildlife offences, including that accused was within statutory reserve boundaries. Criminal procedure – effect of failure to cross‑examine accused on material defence (alibi) weakens prosecution case. Exhibits – disposal of perishable government trophies and accused's right to be heard when disposal is ordered. Sentencing – minimum terms under amended EOCCA considered but enhancement unnecessary where conviction not sustained.
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25 October 2021 |
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Appellate court’s failure to address grounds voided its judgment; convictions quashed for procedural and evidential defects.
Appellate procedure – failure to address grounds of appeal – judgment nullity; AJA s.4(2) revision; National Parks Act amendment — non-existent offence; improper tendering of exhibits by Public Prosecutor; invalid inventory for perishable government trophies; right to fair hearing.
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25 October 2021 |
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Appellants’ convictions quashed for failure to consider defence and improper destruction of perishable trophy evidence.
Criminal procedure – appellate review – first appellate court’s duty to address grounds in petition of appeal; failure amounts to irregularity and denial of fair hearing – revisional powers under s.4(2) AJA. Criminal law – unlawful entry into game reserve and unlawful possession of government trophies – prosecution must prove essential elements beyond reasonable doubt, including location within reserve. Evidence – duty to evaluate defence evidence on appeal; failure renders conviction unsafe. Evidence/procedure – destruction/inventory of perishable government trophies requires presence/hearing of accused; failure renders exhibit inadmissible.
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22 October 2021 |
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Appeal allowed: convictions quashed for lack of jurisdiction and because one charged offence no longer exists under statute.
Criminal law; jurisdiction — EOCCA s.12(3) vs s.12(4) certificates for subordinate courts; statutory construction — NPA s.21 actus reus deleted by amendment; evidential sufficiency — arrest within park boundaries; retrial discretion under Fatehali Manji.
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21 October 2021 |
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Appellate court nullified lower appeal for failure to address grounds, expunged improperly tendered exhibits, and acquitted the appellant.
Criminal procedure — appellate review — first appellate court’s duty to address grounds of appeal; evidence — improper tendering of exhibits by prosecutor; jurisdiction — DPP certificate required before admission of exhibits; failure to consider defence and failure to cross-examine estops prosecution and undermines proof beyond reasonable doubt; invocation of s.4(2) AJA to nullify and re-evaluate appeal.
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21 October 2021 |