|
Citation
|
Judgment date
|
| April 2025 |
|
|
The appellants' unfair hearing claims in disciplinary proceedings led to annulment of their dismissals.
Public Service Law – Fair hearing in disciplinary proceedings – Inadequate notice and lack of preparation opportunity – Judicial review application procedure compliance.
|
15 April 2025 |
| November 2024 |
|
|
Apparent illegalities in a consent order warranted extension of time for revision despite insufficient explanation for delay.
Extension of time – application for revision – consent order – illegality as ground for extension – right to be heard – locus standi – time limitation – preliminary objection – accounting for delay – exercise of judicial discretion
|
15 November 2024 |
|
Alleged illegality must be apparent and of sufficient importance to justify extension of time for appeal.
Civil procedure – Application for extension of time – Sufficient cause – Illegality as ground for extension – Applicability of section 19(2) of the Law of Limitation Act to appeals from DLHT – Threshold for extension of time based on apparent illegality – Distinction of applicable statutory provisions.
|
15 November 2024 |
|
Procedural omissions in trial and unsworn testimony of a minor did not invalidate conviction where corroborated evidence proved rape.
Criminal law – rape – preliminary hearing – procedure under Criminal Procedure Act – admissibility of unsworn evidence of a witness over 14 years under Evidence Act – corroboration – appellate review.
|
15 November 2024 |
|
An appeal against a conviction for unnatural offence was dismissed due to sufficient corroboration and absence of prejudicial procedural irregularities.
Criminal law – unnatural offence – evaluation of defence evidence – admission and corroboration of child witness testimony – procedural compliance in case succession between magistrates – appellate review of evidentiary and procedural irregularities.
|
14 November 2024 |
|
Convictions for wildlife offences quashed due to jurisdictional defects and critical evidentiary gaps; release of appellants ordered.
Criminal procedure – Economic offences – Jurisdiction – Consent and certificate of DPP – Defective proceedings – Wildlife offences – Proof required for boundaries, chain of custody, and seizure certificates – When retrial is inappropriate.
|
14 November 2024 |
|
The court upheld a conviction for attempted rape, confirming proper evidentiary procedures and dismissing all grounds of appeal.
Criminal law – Attempted rape – Credibility of child witness – Proper recording of testimony – Proof of age – Admissibility of extra-judicial confession – Corroboration – Effect of absence of medical evidence in attempted sexual offences.
|
13 November 2024 |
|
Appellate court overturned conviction for obtaining money by false pretence due to lack of proof and unfair sentencing procedure.
Criminal law – Appeal – Obtaining money by false pretence – Sentencing powers of appellate court – Fair trial – Whether sentence may be enhanced on extraneous matters – Proof beyond reasonable doubt.
|
6 November 2024 |
|
Appeal dismissed as prosecution proved statutory rape beyond reasonable doubt and the life sentence was properly imposed.
Criminal law – Rape of a child of tender age – Proof of age, penetration, and identity – Corroboration of victim’s testimony – Mandatory life sentence – Appellate review of evidence evaluation.
|
6 November 2024 |
|
A conviction for murder can be sustained on a voluntary confession without corroboration, if properly admitted at trial.
Criminal law – murder – confession – requirement of corroboration – voluntary extra-judicial confession – reliability and evidential value – proof beyond reasonable doubt – immaterial inconsistencies in prosecution evidence.
|
6 November 2024 |
|
An application for stay of execution was dismissed due to defective affidavit evidence by the applicants' advocate.
Civil procedure – Affidavit evidence – Validity of affidavit – Advocate's personal knowledge – Stay of execution – Requirements under Rule 11(5) of Tanzania Court of Appeal Rules – Expunging defective affidavit paragraphs – Substantial loss and security for stay of execution. |
6 November 2024 |
|
Conviction for drug trafficking upheld where certificate of seizure sufficed and chain of custody and confessions were unimpeached.
Criminal law – Trafficking in narcotic drugs – Conviction upheld based on certificate of seizure, unimpeached chain of custody and properly admitted confessional statements – Evidentiary discrepancies in sample weight and documentation immaterial to proof beyond reasonable doubt – Receipt for seizure not required where certificate of seizure is executed.
|
5 November 2024 |
|
Appellant’s statutory rape conviction upheld; age and identity proved, addition of witness and minor inconsistencies did not affect verdict.
Criminal law – Statutory rape – Proof of age – Addition of prosecution witness at trial – Role of inconsistencies in prosecution evidence – Consideration of appellate jurisdiction in findings of fact – Defence evidence and appellate review.
|
4 November 2024 |
| October 2024 |
|
|
The Court of Appeal upheld a conviction for unnatural offence, finding the prosecution proved its case beyond reasonable doubt.
Criminal law – unnatural offence – evidence – proof of identity – sufficiency of medical and victim testimony – proof of age – requirement for scientific (DNA) evidence – proper procedure for conviction and sentencing.
|
28 October 2024 |
|
Beneficiary of an estate has no locus standi to seek revision where the administrator declines to appeal an adverse decision.
Civil procedure – Revision – Locus standi – Right of beneficiary of estate to bring revision – Discretionary nature of revisional powers – Whether beneficiary who was not party to original proceedings may seek revision – Probate and land disputes – Appellate procedure.
|
26 October 2024 |
|
Statutory rape conviction upheld where age and penetration were proved, and consent or belief in age was held irrelevant.
Criminal law – statutory rape – proof of age by oral testimony – strict liability – irrelevance of consent or honest belief as to age – proof of penetration – appellate review limited to questions of law.
|
25 October 2024 |
|
Contradictory identification evidence regarding gang rape and robbery created reasonable doubt, resulting in acquittal of the appellants.
Criminal law – evidence – identification – contradictions between victim and police witness – failure to name suspects at earliest opportunity – reasonable doubt – benefit of doubt to accused – conviction quashed.
|
25 October 2024 |
| August 2024 |
|
|
A conditional stay of execution was granted pending appeal, subject to furnishing security for the decretal sum awarded.
Civil procedure – Stay of execution – Conditions for stay pending appeal – Security pending appeal – Court discretion – Rule 11 Tanzania Court of Appeal Rules, 2009.
|
30 August 2024 |
|
A stay of execution was granted pending review, requiring a commitment bond to preserve property conditions and ensuring procedural compliance.
Civil Procedure – stay of execution pending review – interlocutory applications – affidavits by counsel – disclosure of source of information – security by commitment bond for landed property – substantial loss – timely application.
|
1 August 2024 |
| December 2023 |
|
|
Warrantless seizure of phones and uncorroborated co‑accused confessions undermined two convictions; one confession upheld.
Criminal law – murder; search and seizure – s.38 Criminal Procedure Act and Police General Orders – warrantless searches and seizure certificates; admissibility of mobile phone evidence; cautioned/confessional statements and corroboration under Evidence Act s.33; circumstantial evidence and proof beyond reasonable doubt; trials‑within‑a‑trial procedure and right to cross‑examine.
|
13 December 2023 |
|
A defective DPP consent that fails to specify economic offences renders the trial and resultant convictions nullities.
* Criminal procedure – Economic offences – requirement of DPP consent under s.26 EOCCA – consent must specify offences; defective/delegated consent vitiates jurisdiction and renders trial a nullity.
* Jurisdiction – absence of valid consent and certificates – subordinate court lacks jurisdiction.
* Remedy – void proceedings and quashed convictions; retrial not appropriate where there is no proper charge.
* Evidence/procedure – broken chain of custody, missing seizure certificates and unlabeled exhibits aggravate the need to nullify proceedings.
|
13 December 2023 |
|
Use of different sets of assessors during one trial vitiates Tribunal proceedings and mandates retrial before a new Chairman and assessors.
Land Disputes Courts Act – composition of Tribunal – requirement that Chairman and two assessors hear entire trial; assessors’ opinions – must be given by assessors who heard all evidence and in presence of parties; irregular change of assessors vitiates proceedings; appellate revisional power to nullify trial and subsequent appeal; remittal for retrial.
|
13 December 2023 |
|
Conviction for child unnatural offences upheld; life sentence set aside and substituted with corporal punishment because the offender was 18.
* Criminal procedure – Contents of charge – omission of penalty provision curable where particulars and evidence prevent prejudice to accused.
* Evidence – Child sexual offences – victims’ testimony primary; medical PF3 corroborative of penetration.
* Evidence – Delay in reporting by child victims not fatal where age and circumstances explain delay and no cross-examination on delay.
* Sentencing – offender aged 18 at time of offence – life imprisonment substituted under s.160B; consideration of time served and immediate release ordered.
|
12 December 2023 |
|
Conviction for statutory rape quashed after childs evidence was incompetent and remaining testimony proved unreliable.
EvidenceChild witness competence and voire dire; statutory rape (s.130(2)(e) Penal Code) necessity to prove age, penetration and identity; expungement of incompetent testimony and exhibits; material contradictions in lay witnesses can vitiate prosecution case; appellate interference with concurrent findings where misapprehension or material doubts exist.
|
12 December 2023 |
|
Registered titleholders presumed lawful owners absent proof of fraud; unpleaded partnership finding was erroneous.
Land law – Registered title and certificates of occupancy as conclusive evidence of ownership; Land Registration Act ss.2,33,40; presumption against searching behind register except on proof of fraud; partnership claims must be pleaded and proved; courts must decide on issues framed in pleadings.
|
12 December 2023 |
|
Defective DPP consent and jurisdictional certificate rendered trial and appeal nullity; conviction quashed and appellant released.
EOCCA – requirement of DPP consent for economic offences – consent must specify offence/statutory provisions; section 12(3) certificate conferring jurisdiction on subordinate court must properly describe offence – absence of valid consent/certificate renders trial nullity – appeal from null proceedings also nullity; evidentiary issue: admissibility of seizure/search warrants questioned.
|
12 December 2023 |
|
Conviction for rape upheld where victim's credible testimony and corroboration sufficed despite no medical or owner evidence.
Criminal law – rape – competence of child witness (voir dire) – sufficiency of victim's testimony as primary evidence – corroboration by relatives and bystanders; Evidence Act ss.122,127,143; Criminal Procedure Act s.235; medical evidence not mandatory.
|
12 December 2023 |
|
Search of private premises without warrant rendered seized drugs inadmissible, quashing conviction and sentence.
Criminal procedure – Search and seizure – Requirement for search warrant or authority under section 38 CPA and Police General Orders – Illegally obtained evidence (drugs) inadmissible – Conviction unsustainable without seized exhibit.
|
12 December 2023 |
| August 2023 |
|
|
Final medical report is not mandatory; employer may rely on a registered medical practitioner’s opinion, but procedural lapses can reduce compensation.
* Labour law – termination for ill-health – rule 19(1) factors (cause, degree, permanence, accommodation, compensation) – substantive fairness. * Medical evidence – rule 19(3) – opinion of a registered medical practitioner sufficient; no mandatory requirement for a ‘final medical report’. * Procedure – rule 21(1)–(8) – consultation, meetings and written communication required; failure to call meeting and communicate in writing renders procedure partly unfair. * Remedies – compensation for procedural unfairness should reflect gravity; excessive awards reducible on appeal; reinstatement inappropriate where termination is substantively fair.
|
4 August 2023 |
| July 2023 |
|
|
Improper reassignment to a magistrate outside the designated district vitiates trial and mandates retrial.
* Criminal procedure – Territorial jurisdiction of district courts – Magistrates' Court Act, s.4 – Resident Magistrates limited to district of designation.
* Reassignment of cases – Illegality of assigning a case registered in one district to a magistrate of another district.
* Jurisdictional nullity – Proceedings and judgment by a court lacking jurisdiction are null and void.
* Section 387 Criminal Procedure Act – Curable venue errors distinguished from incurable improper assignments.
* Remedy – Quash proceedings and order retrial according to law.
|
20 July 2023 |
|
A non-substantive citation error in a murder charge is curable; acquittal for such a technicality without hearing or considering evidence was wrongful.
* Criminal law – charge sheet errors – incorrect citation to revised edition of law – whether innocuous or prejudicial; curability under section 388 CPA.
* Criminal procedure – trial judge raising issues suo motu and acquitting without hearing parties or considering evidence – procedural fairness and prejudice.
* Interpretation of laws – reference to amended written law construed as reference to provision as amended (s.12(2) Interpretation of Laws Act).
* Remedies – quashing judgment and remitting record for fresh judgment where trial judge erred.
|
20 July 2023 |
|
Convictions for statutory rape and impregnating a schoolgirl upheld; second-count 30-year sentence reduced to six years for improper sentencing.
Criminal law – statutory rape and impregnating a schoolgirl – credibility of victim and corroboration; second appeal – new grounds not entertained; sentencing – undue imposition of statutory maximum, appellate interference and substitution of sentence.
|
20 July 2023 |
|
Oral confession, credible eyewitness and medical testimony can uphold a child rape conviction despite evidential irregularities.
Criminal law – Rape of a child – Admissibility of child evidence under s.127(2) Evidence Act – PF3 not read out after admission; expunged – Oral medical evidence sufficient for penetration – Oral confession and eyewitness identification – Proof of age by parent – Defence of fabrication insufficient.
|
19 July 2023 |
|
Defective DPP consent and certificate that omit specified offences render subordinate-court proceedings a nullity; retrial refused, release ordered.
* Criminal procedure – jurisdiction to try economic offences under EOCCA – requirement of DPP’s Certificate (s.12) and consent (s.26) to specify offences – omission renders instruments defective and proceedings a nullity. * Retrial – application of Fatehali Manji – refusal to order retrial where retrial would permit prosecution to fill evidential gaps and prejudice accused.
|
18 July 2023 |
|
Failure to provide an interpreter at committal proceedings vitiated the trial; committal nullified and retrial ordered.
Criminal procedure – Committal proceedings – Right to understand charge and substance of evidence – Obligation to provide interpreter where accused does not understand court language – Sections 245 and 246 Criminal Procedure Act – Non‑compliance prejudicial and vitiates subsequent trial – Nullity and retrial ordered.
|
17 July 2023 |
|
A successor magistrate’s failure to decide on recalling witnesses under s214 CPA rendered the trial a nullity; appellants released.
Criminal procedure — Section 214 CPA — successor magistrate must decide whether to act on predecessor's recorded evidence or resummon witnesses; failure to decide and to hear parties renders proceedings a nullity — High Court power under s214(2) to set aside convictions where accused materially prejudiced — Appellate Jurisdiction Act s4(2) used to nullify and quash judgments — retrial discretionary; refused where prolonged detention would cause prejudice (Fatehali Manji).
|
17 July 2023 |
|
Proceedings by a magistrate without a High Court transfer order are nullities and must be quashed and remitted for proper hearing.
Criminal procedure — Appellate jurisdiction — Magistrates' Courts Act s.45(2) — necessity of formal High Court transfer order to confer jurisdiction on a Resident Magistrate with extended jurisdiction — proceedings conducted without transfer are nullities; Appellate Jurisdiction Act s.4(2) — revisionary powers to quash and remit for proper hearing.
|
17 July 2023 |
|
Missing first appellate judgment prejudiced appellants; Court nullified appellate proceedings and ordered rehearing.
* Appellate procedure – Missing or irretrievable judgment – Prejudice to appellants – Nullification of proceedings and remittal for rehearing.
* Suo motu revisional powers – Appellate Jurisdiction Act s.4(3) – Court may intervene to correct procedural defects affecting justice.
* Remedy – Setting aside first appellate proceedings and ordering expedited rehearing rather than immediate release.
|
14 July 2023 |
|
Conviction for impregnating a schoolgirl upheld; 30-year sentence quashed and reduced to six years for sentencing error.
Criminal law — impregnating a school girl under section 60A(3) Education Act — victim's testimony as sufficient evidence; substitution of charge before trial (s.135 CPA) — no court order required; preliminary hearing — unnecessary if no admissions; DNA evidence — not mandatory; sentencing — s.60A(3) prescribes maximum term, not mandatory, and courts must exercise discretion; excessive sentence reduced.
|
12 July 2023 |
|
Defective EOCCA consent deprived the court of jurisdiction, rendering convictions null and retrial inappropriate due to evidential gaps.
* Criminal procedure – EOCCA s.26(2) – consent to prosecute must specify economic offences and relevant EOCCA provisions; defective consent vests no jurisdiction.
* Jurisdiction – proceedings conducted without valid consent are nullities; convictions and related non-economic findings arising from such proceedings are tainted.
* Retrial – discretionary; refused where prosecution evidence contains material gaps and retrial would permit filling evidential deficiencies.
* Evidence – need to prove geographic boundaries and location of arrest for wildlife offences; proper trophy-handling procedures must be established.
|
12 July 2023 |
|
|
11 July 2023 |
|
Applicant’s appeal dismissed: child’s testimony admissible without voire dire and evidence sufficed to uphold conviction.
Criminal law – Unnatural offence (sodomy) – Proof beyond reasonable doubt; Evidence Act s.127 – child witness’ promise to tell the truth suffices post-amendment; Proof of age – birth certificate not essential where parent/guardian or medical evidence establishes age; Appellate procedure – new grounds on second appeal not entertained unless pure point of law.
|
11 July 2023 |
|
Economic-offence prosecutions require specific DPP consent; defective consent voids proceedings and convictions.
EOCCA – jurisdiction – DPP's consent and certificate must specify the economic offences; defective or non-specific consent renders trial proceedings a nullity; appellate intervention under s.4(2) AJA; retrial discretionary where interest of justice and evidential weaknesses weigh against it; order for release unless lawfully detained.
|
11 July 2023 |
|
An appellant's expressed right to be present at appeal hearings cannot be treated as waived merely by counsel's representation or informal communication.
Criminal procedure — Attendance at appeal hearings — Whether an appellant's personal attendance can be dispensed with where he indicated desire to be present — Representation by advocate vs personal appearance — Application of Court of Appeal Rules 30 and 80 — Validity of informal waiver of attendance.
|
10 July 2023 |
|
Court upheld armed robbery convictions, finding reliable identification and corroborative conduct proved guilt beyond reasonable doubt.
* Criminal law – Armed robbery (s.287A) – Charge particulars – compliance with s.135 CPA.
* Evidence – Identification – recognition aided by light, description, immediate naming at scene reduces risk of mistaken identity.
* Evidence – Corroboration – accused’s conduct (obstruction/reluctance) may corroborate participation.
* Appellate review – concurrent findings of fact – reluctance to interfere absent misapprehension or miscarriage of justice.
* Medical evidence – admission and oral testimony where reports not read out.
|
6 July 2023 |
| June 2023 |
|
|
Conviction for cruelty upheld on circumstantial evidence despite expunged exhibits; sentence reduced from 15 to 10 years.
* Criminal law – cruelty to a child – circumstantial evidence – whether evidence irresistibly points to accused's guilt.
* Evidence – documentary exhibits – failure to read documents out in court renders them inadmissible; PF3 and cautioned statement expunged.
* Criminal Procedure – s.240(3) – right to require maker of medical report to be summoned.
* Criminal Procedure – s.231(3) – adverse inference from accused's silence.
* Sentencing – necessity to balance aggravating and mitigating factors; reduction of excessive sentence.
|
28 June 2023 |
|
Convictions quashed where prosecution failed to prove park location and actual possession of trophies.
National Parks Act – proof of geographical location of alleged illegal presence in a park; burden on prosecution when accused disputes location; unlawful possession of trophies – requirement to prove who had possession; conviction under repealed/removed statutory offence invalid.
|
28 June 2023 |
| March 2023 |
|
|
Employee dismissed for work-related ill-health awarded increased compensation from six to twenty months' remuneration.
* Employment law – termination for ill-health – employer's duty to consider accommodation under Rule 19; * Compensation for unfair termination – section 40(1)(c) ELRA and arbitrator's discretion; * Quantum of compensation – ill-health arising from employment (occupational hazard) may justify enhanced award; * Appellate review – substitution of discretionary award where inadequately accounted for relevant circumstances.
|
13 March 2023 |
|
Appeal dismissed: repeal saved prosecutions; emergency search justified; oral evidence and chemist’s report upheld chain of custody.
Criminal law – repeal of statute and saving provisions (Interpretation of Laws Act s.32(1)(f)); search and seizure – emergency searches (Criminal Procedure Act s.42 v. s.38 compliance); chain of custody – documentary gaps may be cured by credible oral testimony; admissibility and weight of oral confessions; proving narcotic trafficking beyond reasonable doubt.
|
13 March 2023 |
| November 2022 |
|
|
Failure to prove reserve boundaries and reliance on inadmissible exhibits rendered convictions unsafe and were quashed.
Wildlife law — requirement to prove boundaries of protected area; admissibility of trophies evaluation certificates — must be issued by authorised wildlife officers and read out in court; cautioned statements — must be recorded within four hours under s.50 CPA; effect of expunging documentary exhibits — treated as nonexistent; convictions unsafe where foundational facts are unproven.
|
28 November 2022 |