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Citation
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Judgment date
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| May 2024 |
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Extension of time granted due to technical delay and apparent illegality in High Court’s registration of arbitration award.
Extension of time; Rule 10 Courts of Appeal Rules; technical delay doctrine; apparent illegality on face of decision; arbitration — section 66 & Third Schedule (Civil Procedure Decree) vs NCC rules; registration of award as High Court judgment; discretion to extend time.
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8 May 2024 |
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Conviction quashed where missing arresting‑officer evidence, absent seizure documentation and unadmitted analysis broke the chain of custody.
Criminal law – unlawful possession of narcotics – proof beyond reasonable doubt; Evidence – chain of custody – necessity of seizure list/certificate and independent witness; Evidence – admissibility and necessity of certificate of analysis to prove substance and weight; Right to legal representation – no automatic duty to inform or assign counsel in non‑capital trials; Appeals – circumstances permitting interference with concurrent factual findings.
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8 May 2024 |
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The DPP’s appeal against rejection of electronic evidence is incompetent as interlocutory and non-appealable.
Criminal procedure — Admissibility of electronic records — Evidence Act s.73 — DPP’s right to appeal interlocutory orders — Appellate Jurisdiction Act s.6(2) and effect of Joseph Steven Gwaza — Finality versus interlocutory orders — Competence of appeal.
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8 May 2024 |
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Conviction quashed where cannabis seizure lacked mandatory receipt and independent witnesses, rendering evidence insufficient against the applicant.
* Criminal procedure – search without warrant – statutory requirement to issue seizure receipt and to have independent witnesses sign – failure renders seizure evidence unreliable. * Drugs Control Act – investigatory mandate vests in Drugs Control Authority but requires cooperation with Police; police assistance not per se fatal to prosecution. * Jurisdiction – assignment to Regional Magistrate with extended jurisdiction by Chief Justice valid; no prejudice shown by administrative file transfer.
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8 May 2024 |
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Stay of execution granted pending appeal; court accepted undertaking and ordered TZS 125,000,000 bank guarantee as security.
* Civil procedure – Stay of execution – Court of Appeal Rules, 2009, r.11 – timeliness (r.11(4)), required documents (r.11(7)). * Security for stay – r.11(5)(b) – firm undertaking to provide security may suffice; court’s discretion as to type and amount. * Matrimonial property – uncertain valuation pending government valuation – effect on security quantification.
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8 May 2024 |
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An advocate’s prior representation of both parties in a transaction creates a conflict, rendering subsequent proceedings null and judgment set aside.
* Advocates' professional ethics – conflict of interest – advocate who drafted and witnessed transaction for both parties later representing one in litigation constitutes conflict and professional misconduct.
* Civil procedure – default judgment – proceedings tainted by counsel's conflict of interest are null and void and may be set aside.
* Remedies – nullification of proceedings and setting aside of default judgment; liberty to commence fresh suit.
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8 May 2024 |
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Extension of time granted where arguable illegality (jurisdiction and limitation) warranted revision.
Civil procedure — Extension of time under Rule 10 — Good cause and discretion; Illegality as sufficient ground for extension; Jurisdiction — arbitration clause potentially ousting court jurisdiction; Limitation — pleadings indicating supply 1986–1988 and long delay; Burden of proof — alleged failure to require ex-parte proof.
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7 May 2024 |
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Unsworn child-witness evidence without promise/admonition is inadmissible; conviction quashed; no retrial ordered.
Evidence — Children; voir dire — need to test understanding of oath/affirmation, obtain promise to tell truth and admonition; s133 Evidence Act & s49 Children’s Act (Zanzibar) — unsworn child evidence improperly admitted must be expunged; retrial not ordered where remaining evidence is weak and ordering retrial would permit filling evidentiary gaps (Fatehal Manji principle).
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6 May 2024 |
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A stay application must be accompanied by a correctly identified notice of appeal; a misnumbered notice makes it incompetent.
Civil procedure – Stay of execution – Rule 11(7) TCPR – requirement that application be accompanied by a notice of appeal – notice must clearly identify the decision appealed – misnumbered or incorrect notice of appeal renders stay application incompetent; preliminary objection upheld.
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6 May 2024 |
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Appeal allowed: material variance between charge and evidence and failure to prove recent possession beyond reasonable doubt.
* Criminal law – variance between charge particulars and prosecution evidence – material variance renders charge defective and requires amendment under s.219(1) CPAZnz.
* Criminal law – doctrine of recent possession – requirements: proof ownership, possession by suspect, recent theft, and that recovered items are subject of the charge.
* Evidence – identification of stolen property – necessity for specific, distinguishing marks and adequate witnesses to link recovered items to complainant.
* Procedural fairness – failure to amend a defective charge is fatal and prejudicial to the accused.
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6 May 2024 |
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Appeal allowed: convictions quashed for failure to consider alibi and lack of independent witnesses/documentation for search and seizure.
Criminal procedure – alibi notice – duty of trial court to consider alibi despite non-compliance; Search and seizure – requirement for independent witnesses and contemporaneous documentation; Proof beyond reasonable doubt – failure to corroborate arrest/search undermines prosecution case; Informer – non-disclosure not fatal where informer did not participate in arrest.
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6 May 2024 |
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Acquittal upheld where prosecution failed to prove principal–agent relationship and evidence contained material contradictions.
Criminal law – Corruption – Soliciting benefit corruptly – Essential elements include principal–agent relationship and corrupt solicitation in relation to principal's affairs; burden on prosecution to prove beyond reasonable doubt – Admissibility of exhibits – documents must be properly tendered and read into evidence – Witness inconsistencies and material contradictions may defeat prosecution case – Appeal as rehearing: appellate court re-evaluates evidence.
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3 May 2024 |
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High Court's suo motu finding on magistrate change without hearing parties violated the right to be heard and vitiated its judgment.
* Criminal procedure – partly heard cases – transfer of trial between magistrates – successor must assign reasons under s.204(1) CPA.
* Constitutional and procedural fairness – right to be heard (audi alteram partem) – court raising issues suo motu must afford parties opportunity to address them.
* Procedural irregularity – failure to hear parties on a suo motu issue vitiates judgment – quash and order rehearing.
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2 May 2024 |
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Applicant granted 30 days to file a second‑bite extension after court found good cause for procedural delay.
Civil procedure — Extension of time under Rule 10 — "Second bite" applications — Requirement to account for delay unless illegality shown — Effect of litigant's illness, death and active court engagement on good cause — Relevance and limits of certificate of delay.
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2 May 2024 |
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Court granted 30‑day extension to file stay application, finding withdrawal for technical error excusable and appeal at risk.
* Civil procedure — Extension of time under rule 10 — discretionary exercise — account for each day of delay; factors: length, reasons, prejudice, conduct, illegality. * Withdrawal of stay application for technical defect may be excusable; human error not necessarily negligence. * Risk of execution rendering appeal nugatory is a relevant consideration in granting extension.
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2 May 2024 |
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Unexplained delay and lack of corroboration defeated the applicant's request for extension of time to appeal.
Extension of time – Rule 10 and Rule 45A(1)(b) Court of Appeal Rules – "good cause" requires accounting for each day of delay; need for corroborating evidence; mere assertion of a "great chance of success" insufficient absent demonstrated illegality.
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2 May 2024 |
| April 2024 |
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The appellant failed to prove tax evasion or abuse of office beyond reasonable doubt; acquittal upheld.
Criminal law — burden of proof — prosecution must establish guilt beyond reasonable doubt; suspicion insufficient. Tax evasion — elements include intentional conduct of business and failure to be a registered taxpayer or pay due tax. Abuse of office — requires proof of intentional misuse of position to obtain undue advantage; secondary charge may fail if primary offence not proved. Abatement — appeal against a deceased appellant/respondent abates under procedural rules.
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30 April 2024 |
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Applicant granted seven‑day extension to serve respondent after registry delay prevented timely service of appeal documents.
Civil procedure – extension of time to serve memorandum and record of appeal – delay caused by court registry’s failure to supply filed copies – sufficiency of cause under Rule 97(1) and discretionary power to extend time – unopposed application; alleged illegality not considered.
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30 April 2024 |