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Citation
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Judgment date
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| December 1989 |
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Conviction for bank theft upheld; warrantless-search evidence, missing documents, and lack of handwriting expert did not vitiate conviction.
Criminal law – theft by public servant; admissibility of evidence recovered after warrantless search; handwriting identification – reliance on persons acquainted with accused’s handwriting (in lieu of section 205 expert report); non-production of documents and effect on fairness of trial.
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18 December 1989 |
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Appeal dismissed where circumstantial evidence and common purpose established appellant's participation in the fatal raid.
Criminal law – Murder – Circumstantial evidence (trail of blood, wounds, blood at scene) – Admission to villagers – Common purpose doctrine – Gang members held liable for killing though identity of actual killer not proved.
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18 December 1989 |
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Insanity defence not proved on balance of probabilities; murder conviction upheld; provocation not established.
Criminal Law – Insanity defence – accused must prove insanity on balance of probabilities; psychiatric and lay evidence assessed. Criminal Law – Provocation – mere presence or prior quarrel insufficient for legal provocation. Criminal Procedure – appellate review of trial judge’s directions and evaluation of evidence on insanity.
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18 December 1989 |
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Appeal dismissed: accused failed to prove insanity or provocation; murder conviction and death sentence upheld.
Criminal law – Insanity defence – burden on accused to prove insanity on balance of probabilities – psychiatric reports and post-offence conduct relevant; Provocation – requirements for legal provocation not met; Appeal against murder conviction and death sentence dismissed.
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18 December 1989 |
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Intoxication defence failed and provocation unavailable where accused returned armed after a cooling-off period.
Criminal law – Murder – Provocation – intervention to prevent taking of food not unlawful provocation; cooling-off period and return with weapon preclude heat of passion. Criminal law – Voluntary intoxication – requirement of credible evidence and effect on specific intent; admission of being 'in normal senses' and absence of alcohol evidence defeats intoxication defence. Appeal – appellate review of omitted directions where omission would not have altered outcome.
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18 December 1989 |
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Court upholds murder conviction after trial judge credibly rejects appellant’s accidental-killing defence.
Criminal law – Murder – Evaluation of eyewitness credibility – Trial judge’s duty to state reasons when differing from assessors – Accidental killing defence – Motive not required to prove murder.
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18 December 1989 |
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Whether recent possession of marked cattle and identification evidence sufficiently established the appellant’s guilt of theft.
* Criminal law – theft of cattle – possession of recently stolen animals – recent possession doctrine and presumption of unlawful possession
* Evidence – identification of livestock by marks and witness testimony
* Credibility – assessment of accused’s explanations and failure to produce supporting witnesses
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18 December 1989 |
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Eyewitness identification was sufficient to uphold a murder conviction despite an inadmissible extra-judicial statement; appeal dismissed.
* Criminal law – Murder – Identification evidence – Admissibility and reliability of eyewitness identification; favourable circumstances supporting positive identification.
* Criminal procedure – Weight of contradictions – Minor discrepancies between eyewitness accounts do not necessarily render identification unsafe.
* Evidence – Extra-judicial statements – Sections 27 and 33 Evidence Act; non-production of the declarant and inadmissibility/unsafe reliance on such statements.
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18 December 1989 |
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Court reduced a 20-year manslaughter sentence to six years, weighing provocation and remorse against aggravating conduct.
Criminal law – Manslaughter – sentence – Excessive sentence – Provocation as mitigation – Plea of guilty and remorse as mitigating factors – Aggravation where fatal blow struck after initial fight and deceased was walking away.
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13 December 1989 |
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Youthful impulsivity and mitigating circumstances justified reducing a 25‑year manslaughter sentence to three years.
* Criminal law – Manslaughter – absence of intent inherent in offence; sentencing principles. * Sentencing – mitigation – youth, impulsivity and first offender status. * Conduct context – minor theft/mischief versus robbery; force used in response to threat.
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13 December 1989 |
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Special damages for business loss from wrongful arrest require strict proof; insufficient evidence justifies setting aside the award.
Tort—wrongful arrest and false imprisonment; special damages—requirement of strict proof; causation and mitigation—evidence on seized documents, licence renewal, insurance and contract; appellate intervention where trial judge’s findings are inconsistent.
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12 December 1989 |
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Convictions quashed where defendants’ bailee defence, unreliable hearsay and uncorroborated co‑accused confession made convictions unsafe.
* Criminal law – cattle theft – possession as bailee/employee – reasonable doubt when accused possess permit and led police to pastures. * Evidence – hearsay and informers – necessity of scrutiny before acting on such evidence. * Evidence – confession of co‑accused – cannot alone convict others without independent reliable corroboration. * Criminal procedure – right to call alibi witness – refusal and prejudicial judicial remarks may prejudice defence. * Sentencing – police supervision order – not authorised under Economic and Organized Crime Control Act.
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12 December 1989 |
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Convictions quashed where defences were inadequately assessed, evidence uncorroborated, and police-supervision order unauthorized.
Criminal law – cattle theft under Economic and Organized Crime Control Act – sufficiency of evidence – hearsay – confession of co-accused – section 33 Evidence Act – identification reliability – right to call alibi witness – jurisdiction to impose police-supervision order.
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12 December 1989 |
| October 1989 |
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Appeal dismissed because the appellant failed to obtain certification of the intended point of law; each party bears own costs.
Appeal procedure – necessity of a certificate on the specific point of law to invoke Court of Appeal jurisdiction; refusal to certify intended point when not appealed precludes appeal; certificate on unargued issue does not validate appeal; procedural requirements for appellate competence.
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19 October 1989 |
| August 1989 |
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The applicant's appeal against concurrent 15‑year sentences for endangering aviation safety dismissed for lack of new mitigating facts.
Criminal law – Sentencing – Plea of guilty – Appellate review of sentence – Appellate court will not interfere absent new mitigating facts or demonstrable error; offence: endangering safety of aviation.
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7 August 1989 |
| July 1989 |
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Appeal dismissed; trial court credibility findings and murder conviction affirmed despite delayed reporting.
Criminal law – Murder – Credibility of sole prosecution witness – Identification evidence – Delay in reporting – Corroboration by surrounding circumstances – Appeal court defers to trial court credibility findings where supported by independent evidence.
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29 July 1989 |
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Appellants' convictions based solely on uncertain visual identification without a proper identification parade were unsafe and quashed.
Criminal law – Murder – Visual identification – Sufficiency and reliability of identification evidence – Importance of adequate lighting, duration of observation and prior acquaintance – Identification parade – Safety of convictions based solely on identification evidence.
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29 July 1989 |
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Acquittal for soliciting and receiving bribe upheld due to material inconsistencies and reasonable doubt.
Criminal law — Corruption/Bribery — Soliciting and receiving bribe — Credibility of witnesses — Material inconsistencies in prosecution evidence — Standard of proof beyond reasonable doubt — Appellate review of acquittal.
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29 July 1989 |
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Reported
Criminal Practice and Procedure - Sentencing - Sentence of conditional discharge and order to pay compensation - Whether convict may be remanded until compensation is paid.
Criminal Practice and Procedure - Appeals - Failure of respondent to appear for hearing after being served - Whether hearing may proceed in the absence of respondent - Rule 72(6) of the Court of Appeal Rules 1979.
Criminal Law - Murder - Whether murder may be alleged without evidence of killing. |
28 July 1989 |
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High Court erred in quashing trial and ordering arrest for murder where no death occurred; appeal remitted after proper service.
Criminal procedure – Appeal – service requirements under section 381 Criminal Procedure Act and Rule 72 – hearing in absence of respondent; High Court’s power to quash trial proceedings – improper substitution/escalation of charge (murder) where no death occurred; remand to compel payment of compensation and limits on imprisonment for non-payment.
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28 July 1989 |
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Trial court lacked jurisdiction because the offence became triable by the Economic Crimes Court only after the statutory amendment.
Criminal law — Jurisdiction of Economic Crimes Court — Whether offence of unlawful possession of government trophies was an economic offence at time of trial — Effect of Written Laws (Miscellaneous Amendments) Act 1989 (effective 25 May 1989) — Reference to section 56(1) in information does not confer retrospective jurisdiction — Remedy: quashing of proceedings and re‑charging before a competent court.
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28 July 1989 |
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Appellate court affirmed murder conviction and death sentence after rejecting insanity defence given appellant's lucid, motive-explaining statement.
* Criminal law — Murder; insanity defence — assessment of sanity at time of offence. * Evidence — weight of a detailed, rational and lucid cautioned statement in rebutting insanity. * Temporary insanity — alleged provocation by recent bereavement not established where accused's statements show rational motive. * Appeal — standard for upholding trial court findings on sanity and conviction.
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28 July 1989 |
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Appeal dismissed: eyewitness identification and possession evidence upheld; appellants ordered to pay TSh.10,000 compensation.
* Criminal law – Cattle theft – Identification of accused – Eyewitness evidence of persons seen with cattle sufficient for conviction when credible and unchallenged.
* Criminal law – Possession of ammunition – Possession of rounds of ammunition is admissible and probative even if the precise weapon type is alleged.
* Evidence – Where some stolen animals are recovered and identified, prosecution need not recover all animals to sustain conviction.
* Remedies – Appeal dismissed; compensatory payment ordered for recovered animals.
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28 July 1989 |
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Appeal dismissed: compulsion defence rejected and common intention established from witness evidence and appellant's conduct.
* Criminal law – Murder – Defence of compulsion/duress – evaluation of evidence and credibility of survivor witness; materiality of contradictions between police statement and court testimony. * Criminal law – Common intention – establishment of joint enterprise from conduct and statements at scene. * Evidence – failure to report criminal incident as factor in assessing voluntariness and credibility.
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28 July 1989 |
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Whether an appellate court may examine legality of a conviction after a guilty plea and the lawfulness of police use of lethal force.
Criminal law — appeals after plea of guilty — scope of appellate review; police use of force in effecting arrest or preventing escape; legality versus negligence in fatal shooting by an on‑duty officer.
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22 July 1989 |
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Appellant fetched a weapon and returned to shoot the deceased; self-defence and intoxication defences failed, conviction and death sentence upheld.
Criminal law – Murder – Necessity of malice aforethought – Self-defence and provocation rejected where accused fetched weapon and returned to scene – Intoxication as defence; incapacity to form intent must be established.
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22 July 1989 |
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Appellant who fetched a weapon, returned and shot the deceased acted with malice; provocation, self‑defence and intoxication defences rejected.
Criminal law – murder – defence of provocation and self‑defence – retreat and opportunity to avoid conflict – voluntary intoxication and mens rea – appellate review of trial judge and assessors' consideration.
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22 July 1989 |
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Appeal against multiple convictions dismissed: identification need not be corroborated where witnesses knew appellant and documentary date inconsistency immaterial.
Criminal law – Identification evidence – Requirement of corroboration – Factors reducing risk of misidentification (familiarity of witnesses, moonlight) – Documentary corroboration – Immateriality of minor date inconsistencies – Appeal against conviction – Sufficiency and credibility of evidence.
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22 July 1989 |
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Court affirmed murder conviction based on identified remains and admissible confessions, rejecting alleged coercion and provocation.
* Criminal law – Murder – Proof of death and identification of remains – circumstantial evidence (sandals, disappearance, discovery of axe). * Criminal procedure – Admissibility of statements – cautioned police statement and extra-judicial sworn statement to magistrate. * Evidence – voluntariness of confessions – allegations of threats/ill-treatment considered and rejected. * Defence plea of provocation raised but not accepted as sufficient to affect conviction.
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22 July 1989 |
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Self‑defence was rejected; intent to kill established and murder conviction with mandatory death sentence upheld.
Criminal law – Murder – self‑defence and provocation; assessment of credibility of defence; intention/malice aforethought; absence of motive not exculpatory; mandatory death sentence upheld.
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22 July 1989 |
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Reported
Civil Practice and Procedure - Review - Whether a judge can review his own order made in revision. |
21 July 1989 |
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A High Court judge may not revisit and set aside his own revisional order under Order 42 absent proper grounds for review.
Civil procedure — Review under Order 42 — Requirements for review (new evidence, mistake apparent on record, other sufficient reason) — High Court judge’s review of his own revisional order — Proper remedy for challenging revisional decisions is appeal, not review.
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21 July 1989 |
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A High Court may not review its revisional order under Order 42 where the applicant raises legal errors rather than new evidence or apparent record mistakes.
* Civil procedure – Review under Order 42 – scope limited to new evidence, mistake apparent on face of record or other sufficient reason – legal errors are not ordinarily grounds for review.
* Civil procedure – Revisional proceedings – High Court not entitled to reopen its own revisional order by way of Order 42 where proper remedy is appeal.
* Injunctions and attachment – distinction between attachment for disobedience of injunction and orders forbidding alienation.
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21 July 1989 |
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Provocation from public humiliation at a market reduced a murder conviction to manslaughter; sentence mitigated to three years.
Criminal law – Murder v. manslaughter – Provocation under section 202 Penal Code – Whether humiliating and vexatious conduct by deceased reduced culpability – Trial judge's failure to find provocation – Substitution of conviction and mitigation of sentence.
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13 July 1989 |
| May 1989 |
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Reported
Land Law - Acquisition - When completed. |
9 May 1989 |
| March 1989 |
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Reported
Civil Practice and Procedure — Functus officio - When a court becomes functus officio.
Probate and Administration - Administration of estates - Adminis-Registration of land - Whether primary courts have jurisdiction.
Magistrates Courts Act — Jurisdiction - Administration of estates -Subject matter of administration is registered land - Whether primary court has jurisdiction - Sections 14 and is of the Magistrates Courts Act, 1984 and Government Notice No. 320 of 1964. |
9 March 1989 |
| January 1989 |
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Appeal dismissed: identification and circumstantial evidence upheld, alibi rejected, conviction and sentence affirmed.
* Criminal law – Identification evidence – visual and voice identification – weight of prior sightings and conduct; * Criminal law – Circumstantial evidence and motive – relevance of prior visits and statements; * Criminal procedure – Identification parade – procedural defects and impact on reliability; * Evidence – alibi assessment and appellate review; * Role of assessors – dissent does not automatically overturn judge’s findings.
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1 January 1989 |