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Citation
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Judgment date
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| August 2023 |
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Non-compliance with statutory committal requirements rendered trial evidence inadmissible; convictions quashed and matter remitted for fresh committal.
Criminal procedure – committal proceedings – requirement under section 246(2) CPA to read and explain information and substance of witnesses' evidence; admissibility of witnesses and exhibits at trial – need for reasonable notice under section 289(1) CPA when committal non-compliant; remedy – nullification of proceedings, quashing of convictions and remittal for fresh committal under section 4(2) AJA.
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31 August 2023 |
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31 August 2023 |
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An unamended information naming absent co-accused rendered the trial a nullity; convictions quashed and retrial denied.
* Criminal procedure – defective information – naming absent co-accused – duty to amend under section 276(2) CPA – incurable defect vitiating trial.
* Fair trial – accused must know the precise nature and particulars of the charge.
* Power of court – section 4(2) AJA revisional powers – discretion to refuse retrial where further trial would be unjust.
* Section 388 CPA not available to cure fundamental defects prejudicing the accused.
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31 August 2023 |
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A registered certificate of title is prima facie conclusive; unregistered interests require proof of prior possession or notice; damages set aside.
* Land law – Registered title – Certificate of title is prima facie/conclusive evidence of ownership; may be rebutted by proof of prior interest and possession or notice. * Land law – Unregistered interests – Section 33(1)(b) (Land Registration Act) preserves unregistered interests but requires proof. * Evidence – Parol evidence rule applies: oral evidence cannot vary or add to a written sale agreement pleaded as entire contract. * Remedies – General damages require factual assessment of causation and quantum; unsupported awards will be set aside.
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30 August 2023 |
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Inadequate summing up and defective admission of cautioned statements rendered murder convictions null and void; retrial declined.
Criminal procedure — summing up to lay assessors — adequacy and essential elements; assessors' opinions — compliance with s.298(1) CPA; repudiated cautioned statements — requirement for corroboration and proper admission; duty to give reasons when overruling objections; retrial — interest of justice.
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30 August 2023 |
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High Court wrongly decided appeal on merits after declaring it incompetent and denying parties their right to be heard.
Civil procedure – preliminary objection – competence of appeal – High Court sustaining preliminary objection then deciding merits – functus officio – revisional versus appellate jurisdiction – right to be heard – ex parte proceedings and setting aside.
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29 August 2023 |
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Conviction for impregnating a secondary school girl upheld; 30-year statutory maximum reduced to ten years as excessive.
* Education Act s.60A(3) – offence of impregnating a primary/secondary school girl – statutory maximum sentence versus mandatory penalty; sentencing discretion. * Evidence – sufficiency and corroboration: victim testimony corroborated by parent, teacher (attendance register), police and clinical officer. * Identity and age – discrepancies in PF3 do not necessarily vitiate proof where oral evidence is consistent. * Procedure – failure to cross-examine and to give a defence may be treated as acceptance of prosecution case.
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29 August 2023 |
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Appeal incompetent where notice and proceedings were directed to a deceased respondent; proceedings quashed as nullity.
Civil procedure – service of process – proceedings instituted against a deceased person are incompetent and a nullity; Court of Appeal may invoke revisional powers (s.4(2) AJA) to quash void proceedings. Rules implicated: Tanzania Court of Appeal Rules 2009, r.84(1) and r.90(3).
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28 August 2023 |
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CMA proceedings where an advocate gave unsworn evidence were a nullity and were remitted for rehearing before another Arbitrator.
* Labour law – termination/constructive resignation – CMA procedures – witness testimony must be under oath – advocate acting as witness – evidence irregularity vitiates proceedings – nullity and remittal to CMA for rehearing before a different Arbitrator.
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28 August 2023 |
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A timely alibi and material doubts in the prosecution case raised reasonable doubt, leading to quashing of the rape conviction.
Criminal law – rape – sufficiency and credibility of complainant’s evidence; defence of alibi – evidential burden shifts to prosecution once alibi is timely and particularised; appellate review of concurrent findings – interference justified where misdirection/non-direction and reasonable doubt apparent.
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25 August 2023 |
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An application for leave to appeal filed after the 14‑day limit under rule 45(b) is a nullity without Registrar's exclusion.
Court of Appeal – Application for leave to appeal (second bite) – rule 45(b) Court of Appeal Rules, 2009 – 14-day time limit from date of High Court refusal – Registrar’s certificate to exclude period awaiting copy – absence of certificate renders late application invalid – proceedings out of time are nullity – costs: interest of justice.
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25 August 2023 |
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Applicant granted extension to lodge notice of appeal after court found delay technical and excusable.
Extension of time — rule 10 and 45A(1) Court of Appeal Rules — good cause required — distinction between technical and actual delay — exclusion of time for preparation/serving of documents — appeal struck out for procedural failure.
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25 August 2023 |
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Unexplained delay and failure to call material witnesses undermined prosecution, resulting in acquittal.
* Criminal law – Statutory rape – requirement to prove victim’s age; inferences under section 122 Evidence Act. * Criminal procedure – Delay in reporting sexual offences; unexplained delay affects witness credibility. * Evidence – Duty to call material witnesses; failure may justify adverse inference. * Investigation – Inadequate inquiries and unrecorded statements may render conviction unsafe. * Credibility – Victim’s evidence must be credible and corroborated where necessary.
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24 August 2023 |
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A short delay caused by an advocate's human error justified extension to serve required documents absent demonstrated prejudice.
Civil procedure — Extension of time under rule 10 — Service of copy of Registrar letter under rule 90(3) — Human error distinguished from negligence — Calculation of service time co-extensive with 30-day period from judgment — Factors from Lyamuya applied — Prejudice and balancing of appeal rights.
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22 August 2023 |
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The applicant’s statutory rape conviction quashed for failure to prove the victim’s age and irregular admission of evidence.
* Criminal law – statutory rape – essential ingredients include penetration, victim's age (under 18) and identity of offender – proof of age is crucial.
* Evidence – statement of age made before oath is not part of sworn evidence and cannot prove age.
* Evidence – failure to read contents of documentary exhibit (PF3) after admission renders it liable to be expunged.
* Evidence – cautioned statement admitted without required inquiry into voluntariness must be expunged.
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21 August 2023 |