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Citation
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Judgment date
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| October 2025 |
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An eight-day delay was properly condoned where confusion over termination date justified late referral and no prejudice was shown.
Labour law – Condonation of late referral to CMA – Rule 11(3), G.N. No.64/2007 – factors: degree of lateness, reasons, prospects of success, prejudice, other relevant factors; CMA discretion must be exercised judiciously; appellate interference only for clear error or misdirection.
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15 October 2025 |
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Convictions quashed: missing independent witness and broken chain of custody rendered drug exhibits unreliable.
Criminal law – Narcotic drugs – Requirement for independent witness at search and seizure under DCEA Form No. DCEA 003; Chain of custody – duty to account for seizure, custody, transfer, analysis and return of exhibits; Broken chain renders physical exhibits unreliable and may defeat prosecution's proof of possession; Conviction unsafe where essential exhibit is expunged.
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15 October 2025 |
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Claim for unpaid invoices was time‑barred; no continuous breach extended the six‑year limitation.
Limitation of actions – breach of contract – accrual and continuous cause of action – invoices and VAT liability do not automatically create a continuing breach; pleadings establishing specific payment terms fix accrual date.
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15 October 2025 |
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Failure to read admitted documentary exhibits rendered them inadmissible, leading to quashing of conviction for lack of evidence.
Criminal law – stealing by an officer of a company; documentary evidence – three-stage process (clearing, admitting, reading out); failure to read admitted exhibits renders them inadmissible and valueless; improper introduction of audit report (exhibit P8); insufficiency of remaining evidence; conviction quashed; immediate release ordered.
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13 October 2025 |
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Appeal dismissed: appellant properly identified and medical evidence proved the offence beyond reasonable doubt.
Criminal law – Identification of accused in sexual offences; medico‑legal report admission and reading to accused; sufficiency of evidence in child sexual assault cases; overriding objective against procedural hyper‑technicality.
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13 October 2025 |
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Conviction unsafe where sole visual identification and chain of custody of key exhibit were unreliable.
Criminal law – Visual identification – single identifying witness; requirement to describe lighting, duration and distance – identification parade irregularities – chain of custody of exhibit – recent/constructive possession – conviction unsafe where identification and exhibit are unreliable. |
13 October 2025 |
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Retracted cautioned statement was illegally obtained and circumstantial evidence was not watertight, so conviction quashed.
Criminal procedure – cautioned statement – compliance with sections 50 and 51 CPA and timing of recording; Evidence – oral confession leading to discovery of body; Circumstantial evidence – requirement that it be watertight and exclude other hypotheses; Duty to call material witnesses.
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13 October 2025 |
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Delay in reporting and inconsistencies in the victim's evidence undermined the prosecution's case against the applicant.
* Criminal law – Rape – Elements: proof of victim's age, penetration and identity of perpetrator. * Evidence – Child witness under section 127(2) Evidence Act – promise to tell the truth suffices where child cannot take oath. * Evidence – Corroboration by medical examination. * Credibility – delay in reporting, inconsistencies and failure to call available witness (applicant's wife) may undermine identity and create reasonable doubt.
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13 October 2025 |
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First count plea equivocal for missing essential elements; second count plea unequivocal and conviction upheld.
* Criminal procedure – plea of guilty – limits of appeal against conviction entered on guilty plea – equivocal plea, mistake or charge disclosing no offence. * Drug offences – possession/trafficking – necessity for facts to disclose essential ingredients (including quantity). * Drug offences – unlawful consumption – proof by facts and forensic exhibits (urine analysis, seizure reports). * Appellate practice – new grounds in second appeal not entertained unless point of law. * Procedural defect (omission of time from charge) not necessarily fatal where no prejudice shown.
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10 October 2025 |
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Absence of valid DPP consent under EOCCA s26(1) rendered the subordinate court’s trial a nullity; conviction quashed and appellant released.
* Criminal procedure – Economic offences – Consent to prosecute under EOCCA s.26(1) – Exclusive power of the Director of Public Prosecutions to grant consent; subordinate officers may act only under s.26(2) framework.
* Jurisdiction – Trial conducted without valid DPP consent is a nullity; proceedings and convictions based thereon are void.
* Remedy – Nullification of proceedings, quashing of conviction and sentence; retrial discretionary and may be refused if not in interest of justice.
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10 October 2025 |
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Conviction for drug trafficking quashed due to absence of independent seizure witness and broken chain of custody of exhibits.
* Criminal law – Narcotic drugs – Trafficking: prosecution must prove guilt beyond reasonable doubt. * Search and seizure – necessity of independent witness and adherence to DCEA/CPA procedures. * Evidence – chain of custody: requirement to account for handling, labeling, transfer and storage of exhibits from seizure to tender. * Procedure – section 226(1) CPA (trial in absence), section 231(1) CPA (explanation of charge), section 135(f)/132 CPA (particulars of charge). * Failure to call independent witness and broken chain of custody renders narcotics evidence unsafe.
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10 October 2025 |
| September 2025 |
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Conviction quashed due to unsafe identification and uncorroborated dying declaration; no prejudicial delay in arrest.
Criminal law – murder – identification by recognition under moonlight – contradictions in witnesses’ descriptions of apparel – reliability of identification; dying declaration – requirement for corroboration and evidence as to declarant’s mental/physical condition; failure to call attending doctor; delay in arrest not inherently fatal.
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19 September 2025 |
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The stay application was incompetent and struck out for being filed out of time contrary to Rule 11(4).
Civil procedure — Stay of execution — Rule 11(4) & (7), Tanzania Court of Appeal Rules — mandatory and cumulative requirements — timeous filing within 14 days from service or awareness — notice of intended execution and drawn order/certificate — incompetence and striking out with costs.
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10 September 2025 |
| August 2025 |
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A conviction based on an equivocal plea and a defective charge was quashed, resulting in the appellant's immediate release.
Criminal procedure – Plea of guilty – Unequivocal plea – Competency and clarity of charge – Failure to read facts and exhibits to accused – Nullification of conviction and sentence.
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27 August 2025 |
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A High Court cannot entertain a fresh suit where a previous retrial order remains uncomplied with; such proceedings are a nullity.
Civil procedure – Jurisdiction – Effect of non-compliance with retrial orders – Functus officio – Nullity of proceedings commenced contrary to subsisting court orders – Mandatory compliance with court remittal or retrial directives.
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21 August 2025 |
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The court set aside the murder conviction due to unreliable identification evidence and insufficient corroboration of the dying declaration.
Criminal law – murder – visual identification at night – contradictions as to source of light – reliability of dying declaration – requirement for corroboration – standard of proof beyond reasonable doubt – conviction based on uncorroborated evidence – appeal allowed, conviction quashed.
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21 August 2025 |
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Conviction for rape quashed due to unreliable identification and inconsistencies in prosecution evidence.
Criminal law – identification evidence – reliability of visual identification – delay in arrest – inconsistencies in witness testimony – standard of proof in serious offences – rape – proof beyond reasonable doubt.
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21 August 2025 |
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The court upheld a conviction for rape, finding the prosecution proved the offence beyond reasonable doubt and all procedural objections lacked merit.
Criminal law – rape – validity of charge – sufficiency of identification – proof beyond reasonable doubt – sentencing procedure – alteration of charge sheet – evaluation of medical and witness evidence.
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11 August 2025 |
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Appellant's appeal invalid for failure to apply for extension of time; trial court decision upheld.
Criminal Procedure – appeal malpractice – time-barred appeals – extension of time requirements under section 361 of the CPA.
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7 August 2025 |
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The appellants' guilty plea was deemed equivocal due to discrepancies in court records, prompting a retrial order.
Criminal procedure - Plea of guilty - Equivocal plea due to discrepancies between charge sheet and facts - Legal significance of signing plea by appellants
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7 August 2025 |
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The court quashed trial proceedings due to non-joinder of necessary parties violating fair hearing principles.
Property law – non-joinder of necessary parties – fair hearing – procedural flaws in trial court
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7 August 2025 |
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Appeal overturns rape conviction due to inadequate penetration proof, reduces charge to grave sexual abuse with 20-year sentence.
Criminal Law - Sexual offenses - Rape charges and penetration requirement - Grave sexual abuse as a lesser offense - Child witness testimony and age verification standards.
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7 August 2025 |
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Conviction quashed due to defective charge sheet with unauthorized name alteration and lack of formal amendment.
Criminal Law – Charge Sheet – Formal Amendments in Charge Sheet Required – Invalid Conviction Due to Name Discrepancy and Informal Alteration.
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7 August 2025 |
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Failure to have accused persons plead to amended charges renders the trial proceedings a nullity.
Criminal Procedure – requirement for accused persons to plead to amended charges – effect of failure to comply – nullity of proceedings
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6 August 2025 |
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The appeal was nullified due to filing a late notice of intention to appeal without seeking an extension of time.
Criminal Law - Appeal process - Filing of notice of intention to appeal - Time limits - Requirement for extension of time.
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6 August 2025 |
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The appeal succeeded due to variance between the charge and evidence, leading to a failure to prove the case beyond doubt.
Criminal Law – Rape and Impregnating a School Girl – Variance between charge and evidence – Prosecution's failure to prove beyond reasonable doubt due to unamended discrepancies.
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6 August 2025 |
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Extension of appeal filing time granted due to technical delays and consistent effort by the applicant.
Civil procedure – Extension of time – Technical versus actual delay in pursuit of appellate remedies – Good cause requirement for appeal extensions
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5 August 2025 |
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The appellant's appeal on rape conviction is dismissed; court finds evidence credible and identification reliable.
Criminal law – statutory rape – evidence and identification – credibility of the victim's testimony – statutory nature of consent in rape cases.
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5 August 2025 |
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Proceedings quashed with a monetary award prompt remittance for rehearing before a new magistrate.
Civil Procedure – Quashing orders – Validity of monetary awards after proceedings quashed – Remittal for retrial.
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5 August 2025 |
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Court upheld conviction for rape, affirming procedural compliance and evidence sufficiency, including victim's testimony and medical corroboration.
Criminal law - Appeal - Evidence - Rape - Procedure for recording evidence of child witness - Section 127(2) of the Evidence Act - Compliance with section 210 of the Criminal Procedure Act.
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5 August 2025 |
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Conviction based on an equivocal guilty plea is quashed and remitted for proper plea and proceedings.
Criminal Law – Rape – Plea of guilty – Procedural requirements for recording an unequivocal plea of guilty.
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1 August 2025 |
| July 2025 |
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The appeal against the murder conviction, emphasizing the doctrine of recent possession, is dismissed.
Criminal Law - Murder conviction - Doctrine of recent possession applied - Voluntariness of extrajudicial statements - Reliability of postmortem report.
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31 July 2025 |
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The conviction was quashed due to inconsistencies in evidence and lack of specific terminology indicating penetration.
Criminal Law - unnatural offence - burden of proof - contradictions in prosecution evidence - interpretation of victim's terminology
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29 July 2025 |
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Appeal dismissed as court upholds compliance with procedural requirements in a case of rape involving purported witchcraft.
Criminal law – Rape case appeal – Compliance with evidence recording procedures – Variance in victim's identification – Cautioned statement procedure under the CPA.
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29 July 2025 |
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Court upheld a rape conviction based on credible witness and medical evidence despite inadmissible testimony from child victim.
Criminal law - rape - admissibility of child testimony - procedural requirements for unsworn evidence of a child
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29 July 2025 |
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Appeal against murder conviction dismissed; cautioned statement and circumstantial evidence prove guilt beyond reasonable doubt.
Criminal Law – murder – admissibility of cautioned statement – procedural requirements under the Criminal Procedure Act – circumstantial evidence in criminal conviction. |
29 July 2025 |
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The court quashed a conviction due to unreliable evidence and misjudged credibility of a minor's testimony.
Criminal law - Incest conviction - Evidence credibility and delay in reporting - Reasonable doubt and defense effectiveness.
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28 July 2025 |
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Court upholds murder conviction based on detailed confession despite procedural lapses in evidence handling.
Criminal Procedure - Admissibility of extrajudicial statements - Procedural requirements for postmortem reports in murder trials.
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28 July 2025 |
| June 2025 |
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The court addressed unfair employment termination, modifying relief to avoid double compensation.
Labour Law – unfair termination – procedural and substantive fairness – redundant compensation in employment disputes
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11 June 2025 |
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The appeal disputing a loan set-off with government aid lacked merit and was dismissed.
Contract Law – loan agreements – use of rescue package to offset debts – control of sales proceeds under Collateral Management Agreement – acknowledgment letter and consent to set-off.
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11 June 2025 |
| May 2025 |
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The appeal against convictions for sexual offences involving a minor was dismissed, affirming procedural and evidentiary rulings.
Criminal Law - Identification procedures - Necessity of identification parade when appellant is a known person; Evidence - Proof of victim's age through medical testimony; Criminal Procedure - Effect of procedural omission in recording charge amendments.
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30 May 2025 |
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Conviction for rape overturned due to contradictions in key witness testimonies undermining reliable identification.
Criminal Law – Rape – Evidentiary contradictions – Credibility of witnesses – Appeal against conviction on grounds of unreliable prosecution evidence.
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30 May 2025 |
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The court quashed a rape conviction based on unreliable victim testimony and unlawfully obtained statement.
Criminal Law – Rape – Credibility of victim's testimony – Legality of cautioned statements under section 50 of the Criminal Procedure Act.
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30 May 2025 |
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The appellant's murder conviction is overturned due to unreliable circumstantial evidence and mishandling of the insanity defense.
Criminal Law – murder – circumstantial evidence – insanity defense – admissibility and reliability of medical evidence.
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29 May 2025 |
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The court quashed a murder conviction due to improper recording of cautioned and extra judicial statements.
Criminal law - Cautioned statement - Recorded out of time - Extra judicial statement - Authentication issues - Conviction quashed.
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29 May 2025 |
Criminal law - Murder- Spent cartridges, sub-machine gun found 3 to 4 paces from dead body - Whether accidental killing. Criminal Practice and Procedure - Preliminary hearing - Contents of memorandum not read and explained to accused - Effect - Section 19213) ofthe Criminal Procedure Act |
29 May 2025 |
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The appeal, challenging conviction for rape of a child, was dismissed affirming procedural compliance and sufficient proof beyond reasonable doubt.
Criminal Law - Rape - Evidence of child victim received without oath - Importance of corroborative evidence - Compliance with procedural provisions.
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29 May 2025 |
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The conviction was overturned due to unreliable witness identification and insufficient corroborating evidence.
Criminal Law – Murder – Identification Evidence – Reliability of witness identification – Absence of corroborative evidence
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29 May 2025 |
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The appeal against a rape conviction was dismissed, affirming the sufficiency of the identification and procedural processes.
Criminal Law – Rape – Elements of rape – Identification of perpetrator – Procedural compliance with charge sheets.
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29 May 2025 |
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Appeal allowed due to unreliable identification evidence and insufficient proof beyond reasonable doubt.
Criminal Law—Armed robbery—Identification by recognition—Credibility of witness—Delayed reporting affecting conviction—Case proved beyond reasonable doubt.
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29 May 2025 |