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Citation
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Judgment date
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| October 2025 |
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Child-sodomy conviction quashed due to investigative omissions and unresolved doubts despite medical and witness testimony.
Criminal law – Unnatural offence (s.154 Penal Code) – proof of penetration and carnal knowledge; Evidence Act s.135(2) – admissibility of child’s unsworn testimony; preliminary hearing – non-listed witness admissible; PF3 not read – exhibit expunged but oral medical evidence may stand; failure to call investigating officer – adverse inference and safety of conviction; age of victim – minor contradiction not fatal.
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16 October 2025 |
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Whether customary long possession and oral evidence establish ownership and letters of administration merely confer standing.
Land law – customary ownership in rural unsurveyed areas – long uninterrupted use and oral testimony as proof of ownership; Letters of administration – confer legal capacity to sue, do not vest ownership; Appellate review – first appeal court re-evaluates evidence and may make fresh findings; Village resolutions and alleged prior compensation – must be proved and can be rebutted by documentary return of land and credible oral evidence.
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16 October 2025 |
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Non‑compliance with order to summon municipal land officer rendered judgments irregular and prompted quashing and remittal.
Land law – boundary dispute; evidence – materiality of municipal/ survey officer testimony; compliance with superior court order; appellate revision under s.6(2) Appellate Jurisdiction Act; nullification and remittal for rehearing.
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16 October 2025 |
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Stay of execution granted pending appeal, conditional on a TZS 50,000,000 bank guarantee.
Stay of execution – application under Court of Appeal Rules, Rule 11(5) – security for due performance mandatory but quantum discretionary – court may order security lower than decretal sum – bank guarantee ordered TZS 50,000,000; costs in the cause; non-compliance vacates stay.
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15 October 2025 |
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Court upheld the tribunal’s finding of a valid sale agreement and dismissed the appeal with costs.
* Land law – validity of sale agreement – offer, acceptance and consideration – evidential weight of signed sale agreement and contemporaneous witness testimony.
* Appeal – concurrent findings of fact and credibility – second appeal limited to instances of misapprehension, omission or misdirection.
* Procedure – assessors’ participation – names and opinions recorded and reproduced in tribunal judgment.
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15 October 2025 |
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Employees of statutory corporations are public servants required to exhaust Public Service Act remedies before approaching the CMA.
Public Service Act – scope and application – employees of statutory corporations as public servants; Section 32A – mandatory exhaustion of internal remedies before pursuing labour law remedies; Jurisdiction – CMA lacks jurisdiction where PSA remedies not exhausted.
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15 October 2025 |
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Appellants failed to prove ownership; rent arrears made them trespassers, demolition was lawful and damages unproven.
* Property law – ownership of temporary market stalls – distinction between ownership and license to occupy.
* Evidence – burden of proof – failure to produce sale/inheritance documents and failure to call vendors; adverse inference (Hemed Said).
* Land law – trespass and eviction – rent arrears rendering occupants trespassers; no entitlement to notice before eviction.
* Procedure – parties bound by pleadings; issues not pleaded (licensee status) cannot be raised on appeal.
* Damages – special damages must be specifically pleaded and strictly proved; unchallenged respondent evidence can defeat claims.
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15 October 2025 |
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Court quashed rape conviction due to unresolved evidential inconsistencies and failure to prove guilt beyond reasonable doubt.
* Criminal law — Rape — standard of proof — prosecution must establish guilt beyond reasonable doubt; evidence in sexual offences must be precise and free of unreconciled inconsistencies.
* Appellate jurisdiction — Court of Appeal cannot hear fresh factual credibility complaints not raised and determined in the High Court; exception for misapprehension/non-direction on evidence as a point of law.
* Evidence — importance of clarity on scene and timing, usefulness of sketch maps, and addressing allegations of hostility or alternative explanations.
* Safety of conviction — unresolved factual gaps can render a conviction unsafe and warrant quashing.
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15 October 2025 |
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Court nullified High Court ruling affirming termination of fixed‑term employment because it was reached without evidence.
Labour law – termination of fixed‑term contract – material breach required; burden of proof under section 61(2)(a) LIA; appellate revisional jurisdiction under section 6(2) AJA; illegality where judgment is reached without evidence; right to be heard – filing of counter‑affidavit and representation.
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15 October 2025 |
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An application for certification must be filed within the court-ordered period; awaiting the drawn order did not extend the applicant's time.
* Civil procedure – computation of time – filing period for application for certificate on point of law – time runs from date specified in court's order (ruling). * Limitation – Law of Limitation Act s.19(2) – inapplicability to filing for certification where delay due to obtaining drawn order was not pleaded. * Procedural law – issues not pleaded or raised below cannot be entertained on appeal. * Judicial discipline – parties must comply strictly with court orders.
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15 October 2025 |
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Invalid transfer and unreliable sole eyewitness (unsworn interpreter and poor night identification) led to quashing of conviction and release.
Criminal procedure – Transfer to resident magistrate with extended jurisdiction – Requirements of section 274(1) CPA – Lawful transfer and continuity of trial; Evidence – Interpreter oath under section 4(b) OSDA – Admissibility of interpreter-facilitated testimony; Evidence – Visual identification – Waziri Amani principles for identification under unfavourable conditions; Remedy – Proceedings vitiated, conviction quashed, retrial declined.
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13 October 2025 |
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A subsequent High Court transfer assigning a case already validly assigned to another RM is invalid; retrial ordered.
Criminal procedure – Transfer of plea and trial under s.256A(1) CPA – Valid High Court transfer and assignment to a resident magistrate precludes a subsequent transfer to another resident magistrate without reasons – Proceedings conducted by an improperly assigned magistrate are nullities – Remedy: retrial not acquittal.
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13 October 2025 |
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Transfer to a magistrate without recorded reasons vests no jurisdiction; proceedings are nullity, conviction quashed and release ordered.
Criminal procedure – Transfer under section 274(1) CPA – Assignment by Judge In-charge to specific Resident Magistrate with extended jurisdiction – Requirement to return file and record reasons where assigned magistrate cannot conclude trial – Failure to comply renders proceedings nullity; retrial discretionary where prosecution evidence weak and confessions tainted by alleged torture.
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13 October 2025 |
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Conviction quashed where material contradictions and unreliable identification left reasonable doubt; interpreter’s unsworn translation was expunged.
* Criminal law – Evidence – Sufficiency of evidence to prove rape beyond reasonable doubt; credibility of witnesses and material contradictions.
* Evidence – Visual identification by recognition – Caution required where lighting and circumstances are poor.
* Evidence – Interpreter oath – Failure to swear interpreter renders evidence inadmissible and to be expunged.
* Medical evidence – PF3 completed by a nurse – PF3 may be expunged while nurse’s testimony may be treated as ordinary witness evidence.
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13 October 2025 |
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Missing substituted charge sheet rendered the convictions unsafe; court nullified proceedings and ordered retrial.
Criminal procedure — Necessity of charge sheet on record of appeal (Rule 71(1)(b)) — Missing substituted charge disables appellate review — Convictions unsafe — Revision under s.6(2) AJA — Retrial ordered; custody and credit for time served.
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13 October 2025 |
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Appellant's rape conviction quashed due to unreliable sole witness testimony and unproven paternity of the pregnancy.
* Criminal law – Rape – Proof requires age, penetration and identification of perpetrator; victim's testimony may suffice but must be credible. * Evidence – Scientific/DNA evidence not a legal prerequisite for rape but critical to establish paternity/gestational link in impregnating-a-schoolgirl charges. * Appellate procedure – Second appellate court cannot entertain new factual grounds not raised in first appeal (AJA ss.6 and 9). * Evidence evaluation – Sole witness' inconsistencies and initial reluctance to name accused can render conviction unsafe.
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13 October 2025 |
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Where charge particulars exceed the evidence and no statutory amendment is made, the accused must be acquitted.
Criminal law – variance between charge particulars and evidence – requirement to amend charge under the Criminal Procedure Act – failure to amend renders the charge unproven and attracts acquittal; burden of proof in criminal trials.
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10 October 2025 |
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Bank pay-in slips proved payment; deviation in payment mode was non-fatal, suspension breached contract, damages increased and interest adjusted.
Contract law – tender sale – proof of payment by bank pay-in slips and burden shift to account-holder to produce bank statement; deviation from prescribed payment mode held non-fundamental; unilateral suspension of tender = breach; assessment of general damages; limits on judgment interest (Order XX r.21 CPC, 7% normally).
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10 October 2025 |
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Irregular substitution of the magistrate who took plea vitiated the trial; conviction quashed and retrial ordered.
Criminal procedure – Transfer to resident magistrate with extended jurisdiction – Section 274(1) CPA – Magistrate who takes plea must ordinarily conduct trial – Substitution requires fresh express transfer and reasons on record – Proceedings conducted without lawful transfer vitiated – Conviction quashed and retrial ordered.
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10 October 2025 |
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An improper reassignment under s.256A(1) CPA rendered subsequent trial proceedings void; retrial is ordered.
Criminal procedure — Transfer under section 256A(1) CPA — Resident Magistrate with extended jurisdiction — Initial transfer vests duty to take plea and conduct trial — Subsequent reassignment without lawful basis does not confer jurisdiction — Proceedings and conviction by magistrate lacking jurisdiction are null and void — Remedy: trial de novo.
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10 October 2025 |
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Conviction quashed where charge named wrong victim and prosecution failed to amend, rendering trial unfair.
Criminal law — Rape — Variance between charge and evidence as to victim’s identity — Requirement to amend under s.234(1) Criminal Procedure Act — Error not curable under s.388/411 CPA — Unfair trial; conviction nullified.
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9 October 2025 |
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Convictions quashed where armed robbery particulars omitted the threatened person and pleas lacked essential elements.
* Criminal law – Armed robbery – particulars must disclose the person against whom threat or violence was directed – omission renders charge incurably defective.
* Plea-taking – guilty pleas equivocal where facts read do not disclose essential elements of the offence – conviction cannot stand.
* Sexual offences – gang rape requires proof of penetration and joint participation; failure to disclose these elements vitiates plea.
* Procedure – admission of cautioned statements without offering accused opportunity to object and misrecorded pleas are material irregularities.
* Remedy – retrial may be refused where charge is incurably defective and prosecution shows lack of interest.
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9 October 2025 |
| July 2025 |
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Appeal allowed due to unreliable identification and insufficient evidence to prove armed robbery beyond reasonable doubt.
Criminal Law – Armed robbery – Identification of appellant – Sufficiency of evidence to prove armed robbery.
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2 July 2025 |
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Appeal allowed due to procedural errors in jurisdiction transfer and representation, resulting in a null trial.
Criminal Law – Procedural irregularities – Improper transfer of jurisdiction – Fair trial – Legal representation conflict.
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2 July 2025 |
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Appeal struck out for failure to serve respondent a letter requesting High Court proceedings; ruled time-barred.
Civil procedure - Appeal - Service of copy of proceedings request - Rule 90 compliance - Preliminary objection upheld
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2 July 2025 |
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The court nullified prior proceedings due to procedural irregularities concerning assessor participation and ordered a re-trial.
Land Disputes - Role of Assessors - Fair Trial - Procedural Irregularity - Retrospective Assessment of Assessors' Opinions.
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2 July 2025 |
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The appellate court dismissed the appeal, deeming the appellant’s plea of guilty unequivocal and adequately supported by the facts.
Criminal Law – Plea of guilty – Evaluation of unequivocal plea – Effect of non-reading of exhibits – Statutory rape – Proof of victim’s age.
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1 July 2025 |
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Court nullified proceedings due to lack of jurisdiction over improperly documented respondents in a labour dispute.
Labour law – Employment termination – Procedural compliance in labour disputes – Jurisdiction based on proper documentation – Absence of mandatory forms.
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1 July 2025 |
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The trial court's omission to impose a formal sentence rendered the life imprisonment illegal; a proper sentencing hearing is required.
Criminal procedure – Manslaughter – Sentencing – Omission to pass sentence – Illegality of sentence – Sentencing under provocation.
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1 July 2025 |
| June 2025 |
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Transfer of case under incorrect legal provision nullified lower court's proceedings due to lack of jurisdiction.
Criminal Law – Appeal – Improper Transfer of Case – Jurisdiction – Nullification of Proceedings
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30 June 2025 |
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Appellant's death sentence quashed due to inadequate proof and procedural irregularities; immediate release ordered.
Criminal law – murder – conviction based on unreliable voice recognition, inadmissible confessions, improper assessor summing.
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30 June 2025 |
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Failure to address all grounds of appeal renders the appellate court's judgment a nullity and necessitates a re-hearing.
Criminal Law – Appeal – Failure of appellate court to consider all grounds of appeal – Proceedings and judgment rendered null and void.
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30 June 2025 |
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Improper examination by State Attorney violated appellant's fair trial rights, leading to a retrial order.
Criminal law – fair trial – violation of appellant's right to fair trial – improper leading of appellant by State Attorney.
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30 June 2025 |
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Appeal allowed due to procedural flaws affecting evidence admissibility and insufficient prosecution proof.
Criminal Law – Admission of evidence – Extra judicial and cautioned statements – Irregular admissions – Identification parade flaws – Burden of proof.
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30 June 2025 |
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Improper transfer and reassignment of a murder case led to nullification of proceedings due to lack of jurisdiction.
Criminal Law - Jurisdiction - Transfer and reassignment of cases under section 256A of CPA - Procedural irregularities - Nullification of proceedings.
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30 June 2025 |
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Appeal allowed due to violation of fair trial rights and evidential deficiencies; convictions quashed, appellants released.
Criminal Law - appeal against murder conviction - right to legal representation - chain of custody - retrial |
30 June 2025 |
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Trial court's decision nullified for violating natural justice by deciding on non-joinder without parties being heard.
Land Law – Customary land ownership, Procedure – Right to be heard, Procedural irregularities – Non-joinder of parties
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30 June 2025 |
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Appellant's murder conviction quashed due to assessor examination errors and dubious evidence admissibility.
Criminal law – fair trial – assessors' cross-examination – cautioned statement – admittance of evidence – procedural fairness.
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26 June 2025 |
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Trial nullified due to breach of fair trial rights; retrial ordered with separate counsel for appellants.
Criminal Law – fair trial – right to effective legal representation – issues arising from a single counsel representing multiple defendants with conflicting interests.
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25 June 2025 |
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Appeal allowed due to procedural errors in reassignment, proceedings nullified, and retrial not ordered due to insufficient evidence.
Criminal Law – murder conviction – procedural irregularity in case reassignment – invalid transfer order – retrial not ordered due to insufficient evidence.
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24 June 2025 |
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Appellants' fair trial right violated due to conflicting interests and single advocate representation, leading to retrial order.
Criminal law – fair trial – conflict of interest – representation by the same advocate – ineffective representation – nullification of proceedings – retrial ordered.
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24 June 2025 |
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Illegal transfer of appeal under wrong legal provision results in nullification of proceedings and conviction.
Criminal Procedure – Appeal transfer – Jurisdictional errors – Consequences of transfer under wrong provision – Nullity of proceedings.
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23 June 2025 |
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A transfer order using an incorrect legal provision rendered appellate court proceedings null due to lack of jurisdiction.
Criminal appeal; Invalid transfer order; Jurisdiction of Magistrate with Extended Jurisdiction; Proper legal provisions.
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20 June 2025 |
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Transfer order jurisdictionally invalid, proceedings quashed; requires proper re-transfer under the correct legal provision.
Criminal Procedure – jurisdiction – transfer of criminal appeals – sections applicable for valid transfer of appeal jurisdiction.
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20 June 2025 |
| January 2025 |
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Procedural irregularities necessitate rehearing with allowance for pleadings amendments in Tanzanian land ownership dispute.
Land law - Procedural irregularities - Amendments of pleadings - Right to amend pleadings and produce documents during trial - Section 45 of Land Disputes Courts Act.
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31 January 2025 |