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121 judgments found.
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December 2018
Appellate court affirmed eight-year manslaughter sentence despite generalized mitigation analysis due to brutal, disproportionate attack.
Criminal law — Manslaughter — Sentencing — Appellate interference limited where aggravating circumstances (brutal attack, lethal weapon, disproportionate force) justify sentence
30 December 2018
Appellant failed to prove allocation of 300 acres on the balance of probabilities; appeal dismissed with costs.
Civil procedure
— factual disputes over service should be pursued under Rule 89(2), not as a pure preliminary point
— preliminary objection based on disputed facts is improper
Land law — proof of allocation/ownership
14 December 2018
Appellant failed to prove allocation of 300 acres; appeal dismissed for insufficient evidence; costs awarded to respondent.
Land law — proof of ownership/allocation — burden and standard of proof in civil cases — documentary evidence insufficient to establish 300 acres
14 December 2018
Appellate court reduced sentence where trial judge failed to consider key mitigating factors, including custody time.
Criminal law — Sentencing — Mitigating factors — Guilty plea, first offender status, time served and youth
Criminal procedure — Appeal against sentence — Appellate interference only where sentence illegal, based on wrong principles, manifestly excessive or manifestly inadequate — R v Mohamed Ali Jamal
14 December 2018
Appellate court reduced a manslaughter sentence for failure to expressly consider material mitigating factors.
Appellate practice — Appellate review — Interference with sentence only where trial court acted on wrong principle or overlooked material factors
Criminal law — sentencing — Generalised statements insufficient
14 December 2018
Sentence reduced where trial judge failed to consider mitigating factors including guilty plea, youth and time served.
Criminal law — sentencing — mitigating factors — guilty plea, first offender status, time served and youth — appellate interference where trial court overlooks material mitigation
14 December 2018
Sentence reduced where trial court failed to consider mitigating factors and evidence of self-defence.
Criminal law — Manslaughter — Sentencing — Evidence of provocation and self-defence — Appellate interference and reduction of sentence
14 December 2018
Appellant failed to prove on the balance of probabilities allocation of the claimed 300 acres; appeal dismissed.
Civil procedure — Preliminary objections
— factual dispute as to service of record of appeal cannot be treated as a pure point of law
— should be pursued
Evidence — Burden and standard of proof in civil cases
13 December 2018
Failure to consider mitigating factors and self-defence evidence justified reducing an eight-year manslaughter sentence to immediate release.
Criminal law — Manslaughter
— appellate interference where sentence is excessive
— provocation and self-defence as mitigating circumstances
— Sentencing principles
13 December 2018
Court upheld ten-year manslaughter sentence despite trial judge’s generalized treatment of mitigating factors.
Criminal law — Manslaughter — Sentencing
— appellate interference standard
— guilty plea and remand time as mitigation
— requirement that trial court expressly identify and consider mitigating factors and antecedents
— use of lethal weapon as aggravation
12 December 2018
Appellant failed to prove medical negligence or causation from BCG vaccination; appeal dismissed.
Tort — Medical negligence — Proof of negligence and causation — Balance of probabilities
Evidence — Hearsay and admissibility — Weight of testimony of hospital officer
Civil procedure — Failure to call material witnesses — Trial de novo and afterthoughts — Parties' responsibility
12 December 2018
Unexplained delay in arrest undermines visual identification and supports appellant's alibi; convictions quashed.
Criminal law — Visual identification — Alibi
— standard to interfere with concurrent findings of fact
— Unexplained delay in arrest
— unexplained delay undermines reliability of identification
12 December 2018
Appeal allowed where trial judge ignored mitigating factors; sentence reduced to effect immediate release.
Criminal law — mitigation
— first offender status, guilty plea, time on remand
— manslaughter
Criminal law — sentencing — Appellate interference where trial judge acted on wrong principle or sentence manifestly excessive
12 December 2018
Failure to specify mitigation justified reducing a fifteen-year manslaughter sentence to eight years.
Criminal law
— appellate review of sentence — Court may interfere where trial court acted on wrong principle or overlooked material factors
— Manslaughter — Sentence reduction where mitigating factors (guilty plea, pre-trial custody, dependants) were not expressly weighed
— sentencing — Generalised consideration insufficient
12 December 2018
Appeal allowed and sentence reduced where trial judge failed to expressly weigh mitigating factors including plea, remorse and time served.
Appellate practice — Appellate review — Interference where trial court overlooks material factors or imposes manifestly excessive sentence
Criminal law
— Manslaughter — Plea of guilty — Acceptance of plea supported by post-mortem and statements
— sentencing
12 December 2018
Failure to invite objections to assessors and unsigned testimonies vitiated the trial; convictions quashed and retrial ordered.
Appellate practice — Retrial — application of Fatehali Manji principles — retrial ordered where trial was illegal or defective and interests of justice require it
Criminal procedure — assessor absent for most of trial
— an assessor who did not hear all evidence cannot give opinion
— doing so renders trial nullity
Criminal procedure — assessors — failure vitiates trial
Criminal procedure — Recording of evidence — omission is incurable irregularity
11 December 2018
The appellant's ten-year manslaughter sentence was upheld despite the trial Judge's generalized treatment of mitigating factors.
Criminal law — sentencing — Manslaughter — appellate interference only where sentence is excessive in light of offence circumstances. Use of lethal weapon and unlawful motive as significant aggravating features
10 December 2018
A defective charge sheet citing wrong statutory provisions vitiated conviction; proceedings quashed and no retrial ordered.
Criminal procedure — Charge sheet — Incorrect or non-existent statutory citations — Misdescription vitiates proceedings
Appellate practice — Revisionary jurisdiction — Power to nullify proceedings where procedural fatality occurred — Retrial inappropriate where defect is prosecution's fault
10 December 2018
Failure to articulate mitigation was not fatal; ten-year manslaughter sentence upheld and appeal dismissed.
Criminal law — Sentencing after plea of guilty to manslaughter — Appellate interference where sentence is manifestly excessive — Use of excessive force as aggravating circumstance
7 December 2018
Where ownership of land is disputed, civil determination of title must precede criminal prosecution for trespass or damage.
Criminal law — Trespass and malicious damage
— appellate review of convictions where ownership is contentious
— Ownership dispute over land
7 December 2018
Omission to address mitigation individually does not automatically make a sentence excessive; ten years upheld.
Criminal law — sentencing — consideration of mitigating factors — Requirement to consider each mitigating factor and when appellate interference is warranted
6 December 2018
Where ownership of land is disputed between the applicant and respondent, criminal prosecution must await civil determination.
Criminal law — Trespass and malicious damage
— appellate correction where High Court failed to recognise need for civil determination
— conflicting testimony on ownership prevents criminal conviction
— Where ownership or boundary of land is disputed, title must be determined in civil proceedings before criminal prosecution
6 December 2018
Appellate court affirms eight-year manslaughter sentence despite generalized mitigation consideration due to brutal, disproportionate attack.
Criminal law — Manslaughter — plea of guilty and pre- and extra-judicial confessions relevant but do not preclude substantial sentence when force used is disproportionate
Criminal law — sentencing
— appellate intervention limited to wrong principle, overlooked material factors, or manifestly excessive sentence
6 December 2018
November 2018
Charging under a non‑existent provision and failing to give sufficient particulars vitiated the trial and conviction.
Appellate practice — Revisionary powers — Court of Appeal may nullify, quash and set aside void proceedings under s.4(2) AJA
Criminal law — charge sheet — defective charge vitiates proceedings
Criminal procedure — fair trial — defective charges may prejudice defence and warrant quashing of conviction — CPA s 135
30 November 2018
Convictions nullified where charge sheet cited wrong statutory provisions; retrial refused because defect was prosecution's fault.
Criminal law — Charge framing — omission renders charge defective and may vitiate trial — Section 135(a)(ii)
Criminal procedure — Misdescription of offence — Vitiation of proceedings and refusal to order retrial where defect attributable to prosecution — Appellate Jurisdiction Act s 4(2)
7 November 2018
October 2018
Survey-driven subdivision and allocation that disregard prior customary occupation without compensation are invalid; appeal dismissed.
Land law — customary occupation and title
— reallocation of customary land without compensation void
— validity of successive surveys and subdivision
Land law — Limitation/adverse possession — requirement of uninterrupted possession for statutory period
Land law — non-joinder of land authority — not necessarily fatal to determination between present parties
12 October 2018
The court upheld the respondent's customary title, found the subdivision and allocations illegal, and dismissed the appellant's appeal.
Civil procedure — non‑joinder of municipal authority — not fatal where rights between parties can be determined
Land law — customary occupation and right of occupancy — successive surveys and subdivisions — allocation of part of customary land without compensation invalid
Limitation law — Limitation
— Adverse possession
— possession from 1996 did not reach twelve years when suit was filed
12 October 2018
A registrar's certificate is valid once the appellant is notified copies are ready, pausing appeal time computation.
Appellate practice — time for appeal
— computation and whether days before certification of copy are excluded — Certificate purporting to operate futuristically
— Exclusion for time taken to obtain copies of proceedings — Rule 90(1) Tanzania Court of Appeal Rules
12 October 2018
Appeal dismissed for lack of a valid High Court certificate on points of law under section 47(2) LDCA.
Land disputes; Ward Tribunal-originated appeals; requirement for High Court Certificate under s.47(2) Land Disputes Courts Act; Appellate Jurisdiction Act s.5(2)(c) inapplicable; necessity for reasoned Ruling identifying certified point(s) of law; dismissal for lack of valid certificate.
11 October 2018
Waiting for certified court copies constitutes good cause for extension of time to file a revision application.
Civil procedure — extension of time
— delay due to awaiting certified copies
— refusal not a ground to delay hearing
11 October 2018
Appellant failed to prove wrongful registration or pursue statutory indemnity; appeal dismissed with costs.
Civil procedure — pre‑trial determinations
Evidence — hearsay and conjecture cannot rebut documentary Land Register proof
Land law — Title registration
— evidential weight of registration
— extract from Land Register as conclusive evidence of title
11 October 2018
Appeal dismissed: fraud allegation was a new matter; labour appeals limited to points of law and new issues not permitted.
Appellate practice
— Appealability — section 57 Labour Institutions Act: appeals to Court of Appeal from Labour Court limited to points of law
— Appellate principle — new matters not raised or decided below will not be entertained on appeal
Labour law — execution of CMA consent decree — entitlement to repatriation, transport and daily subsistence allowances
11 October 2018
A belated challenge to Ward Tribunal pecuniary jurisdiction, unsupported by valuation evidence, was an afterthought; appeal dismissed.
Civil procedure — jurisdictional challenge
— late objections after close of evidence may be treated as afterthoughts
— may be raised at any stage but timing and proof are material
Land law — Ward Tribunal pecuniary jurisdiction — statutory limit TZS 3,000,000
10 October 2018
Omission to record which member presided did not vitiate Ward Tribunal proceedings absent any failure of justice; appeal dismissed.
Land law
— Appeals — mandatory High Court certificate and conformity of grounds to certified points of law
— Ward Tribunal composition — omission to record presiding member — quorum compliance — procedural irregularity cured by absence of failure of justice under section 45 LDCA
10 October 2018
Notice of appeal not struck out where Registrar-caused delay occurred and respondents later lodged the appeal.
Civil procedure — strike out notice of appeal
10 October 2018
An extension application must plead and prove good cause accounting for each day of delay; a jurat containing the attester’s name complies with section 8.
Civil procedure
— affidavit jurat must contain attesting officer's name per section 8 (Cap. 12) — unpleaded facts cannot be relied on orally at hearing
— extension of time
9 October 2018
Use of a road reserve under statutory permit does not create an easement; malicious prosecution requires lack of probable cause and malice.
Civil procedure — appellate re-appraisal of evidence — Court of Appeal entitled to re-evaluate evidence subject to deference to trial court's advantage of witnessing witnesses
Land law — Property law — Easement
— adjoining landowner lacks standing to restrict licensed use
— an easement cannot be asserted over a road reserve protected for road use
Tort — Malicious prosecution
— ingredients: institution by defendant, absence of reasonable and probable cause, malice, and termination in plaintiff's favour
— nolle prosequi not necessarily a favourable termination
9 October 2018
A direct 'second‑bite' leave application is premature if the applicant did not first obtain High Court extension of time.
Appellate practice — Appellate procedure — Leave to appeal
8 October 2018
Omission of mandatory interlocutory proceedings and trial exhibits from the record renders an appeal incompetent and subject to striking out.
Civil procedure
— Appeals — record of appeal — Omission of documents admitted at trial (including proof of locus standi) renders appeal incurably defective and incompetent
— Preliminary objections — sufficiency of notice
5 October 2018
Whether the respondent's land claim was time‑barred — court held accrual occurred in 2010; appeal dismissed.
Limitation law — Limitation of actions
— accrual of right of action on dispossession/discontinuance
— adverse possession
— pecuniary jurisdiction of Ward Tribunal not entertained on third appeal
— scope of appeal on certified points of law
5 October 2018
Applicant granted fourteen days to file appeal documents after illness and good‑faith review efforts; respondents' affidavit struck out as defective.
Civil procedure — Affidavits — jurat/attestation
— compliance with section 10 of the Oaths and Statutory Declarations Act
— defective jurat renders affidavit fatally defective and liable to be struck out
Civil procedure — extension of time/condonation — factors: length of delay, reasons (ill‑health), diligence, prejudice, point of law (illegality)
Labour law — appeals and leave to appeal — procedural compliance and timeliness
5 October 2018
Respondent’s land claim was not time-barred; accrual occurred on dispossession in 2010 under section 9(2).
Land law — Adverse possession v. invitee occupancy
— building and paying rent do not automatically establish title. Concurrent findings of fact by trial and first appellate tribunals respected on third appeal. Pecuniary jurisdiction determined from pleadings
— burden to prove excess lies on alleging party
Land law — limitation: 12-year limitation
4 October 2018
Respondent's land claim was within 12-year limitation; limitation accrued on dispossession in 2010, appeal dismissed.
Civil procedure — pecuniary jurisdiction of Ward Tribunal — matter of pleadings and not a fresh point on second/third appeal
Land law
— adverse possession — continuous occupation as invitee, building and payment of rent do not necessarily constitute dispossession
— Limitation of actions — Item 22 Part I, First Schedule to the Law of Limitation Act
4 October 2018
Appellant lacked statutory mining licence; disputed ridge lawfully allocated to respondent under SML 45/1999.
Mining law
— mineral rights require statutory licences (Prospecting/Special/Primary) — possession or sub‑contracting and administrative promises do not confer mineral rights — interpretation and application of Special Mining Licence SML 45/1999 to determine lawful allocation
— Minerals vested in the State
3 October 2018
An appeal filed beyond the statutory sixty-day period, despite a delay certificate, is incompetent and struck out.
Limitation of appeals — Rule 90(1) Tanzania Court of Appeal Rules, 2009 — Registrar’s certificate of delay — exclusion of certified period from computation of time — effect of instituting appeal out of time — incompetence and striking out of appeal — exercise of revisionary powers under s.4(2) Appellate Jurisdiction Act — inability to make substantive/consequential orders where appeal is incompetent.
3 October 2018
The appellant's appeal was struck out as time‑barred; no consequential orders or costs were made.
Civil procedure — Appeal time limits
3 October 2018
Applicants' unexplained inordinate delay and unparticularized claim of illegality warranted dismissal of extension application.
Civil procedure
— Extension of time to appeal — Sufficient cause where alleged illegality of decision — Alleged illegality must be specific and apparent on the face of the record
— Inordinate delay — Applicant must account for every day of the delay and ignorance of law (or counsel’s death) is not good cause
3 October 2018
Appeals from the Labour Court require no leave but must be confined to points of law under section 57 LIA.
Labour law — Labour court appeals
— appeals from Labour Court do not require leave under s.5(1)(c) AJA even if proceedings arose under CPC
— factual grounds incompetent
— revisional jurisdiction
— right to appeal on point of law only
3 October 2018
Failure to hear an affected party in judicial review vitiates the decision and requires remittal for a fresh hearing.
Administrative law — Judicial review — Decision made without hearing is nullity — Remittal for fresh hearing
Labour law — procedural fairness in review of ministerial labour decisions
2 October 2018
September 2018
Failure to state reasons for transfer of a partly heard trial under section 299(1) CPA vitiates the subsequent proceedings.
Civil procedure — remedy — Nullification of irregular proceedings, quashing of conviction and sentence, remittal for retrial before another judge with original assessors or de novo
Criminal procedure — Succession of judge
Jurisdiction
— proceedings vitiated
— Successor judge lacks jurisdiction
28 September 2018