|
Citation
|
Judgment date
|
| February 1981 |
|
|
Conviction quashed where identification rested on bare assertions without supporting detail, particularly for night-time identification.
Criminal law – identification evidence – conviction unsafe where based on bare assertions of recognition without description of features or circumstances – caution required for night-time identification – identification parade/supporting particulars desirable (see Meda s/o Myazi; Ludovico s/o Kelshaku).
|
26 February 1981 |
|
Conviction upheld on credible, corroborated identification evidence; custodial sentence reduced from three to two years.
Criminal law – Assault causing actual bodily harm – Identification evidence and corroboration of eyewitness testimony (including young witness). Criminal procedure – Appeal against conviction – evaluation of credibility and sufficiency of evidence. Sentencing – considerations for first offenders, family and employment consequences (loss of benefits), and the relevance of medical evidence on injury severity.
|
25 February 1981 |
|
Conviction for murder based on credible single-witness identification corroborated by circumstantial evidence; death sentence imposed.
Criminal law – Identification evidence – Single eyewitness identification at night; reliability tested by opportunity, proximity and conduct during the incident – Circumstantial corroboration (roof entry, ladder, weapon possession) and escape from custody as supporting proof of guilt.
|
23 February 1981 |
|
Conviction based on hearsay and uncorroborated accomplice evidence was unsafe and was quashed.
Wildlife Conservation Act offence – conviction unsafe where based on hearsay and uncorroborated, contradictory accomplice evidence – requirement for caution/warning – poor investigation and prosecution – conviction quashed.
|
20 February 1981 |
|
Appellant entitled to restitution of unlawfully sliced land; redemption price adjusted and seller liable to refund innocent purchaser.
Land law – family shamba – boundary dispute and alleged encroachment – Primary Court site inspection and credibility of boundary marks – appellate deference to findings based on inspection – unlawful sale of slice and restitution – redemption price adjusted by value of returned portion; refund by seller to innocent purchaser.
|
20 February 1981 |
|
Customary inheritance rules (G.N. 436/1963) govern distribution: eldest son gets largest share; widow receives no share if children survive.
Customary Law (Declaration) Order G.N. 436 of 1963 – applicability to Singida District; inheritance – gradation of shares (eldest son largest, daughters least); widow’s entitlement – maintenance by children, no share where children survive deceased.
|
19 February 1981 |
|
Single-count indictment for multiple thefts did not void convictions, but convictions altered to single offences and compensation ordered.
Criminal law – Theft by public servant – Duplicity of charge (multiple transactions charged in single count) – Whether duplicity occasioned failure of justice; Interdiction from duty and criminal liability; Proof of delivery to public stores; Mandatory compensation under Minimum Sentences Act.
|
18 February 1981 |
|
Court held dismissal under section 198 CPC was improper; conviction process must weigh reasons to adjourn before acquittal.
Criminal procedure – section 198 CPC – dismissal and acquittal discretionary, not automatic – court must consider reasons for adjournment, case age, seriousness and accused’s bail status; presence of complainant established by prosecutor’s appearance; inadmissibility of relying on extraneous information.
|
17 February 1981 |
|
Omission to record stock, without evidence of removal, and an unreliable audit report cannot sustain fraud or theft convictions.
Criminal law – Fraudulent false accounting – omission to record received stock – intention to defraud; Theft by servant – reliance on auditor's report – contradictions and insufficiency of evidence; Proof of cash shortages – necessity of clear accounts of receipts and expenditures.
|
11 February 1981 |
|
An appellate court will not disturb concurrent factual findings of lower courts in a land ownership dispute.
Land dispute – ownership and possession – evidence of witnesses and primary court findings; concurrent findings by primary and district courts – appellate interference only in exceptional circumstances.
|
9 February 1981 |
|
Reported
Evidence — ‘Moshi’ possession — Republic must prove that the substance contained more than one per centum by weight of absolute alcohol — ‘Moshi’ (Manufacture and Distillation) Act, 1966. |
6 February 1981 |
|
Trial magistrate erred; sufficient evidence showed a public servant received funds and conviction was warranted.
Criminal law – Stealing by public servant – Evidence of receipt of funds – Eyewitness identification of signatures – Role of handwriting expert – Effect of procedural irregularities on criminal liability; Appeal against acquittal for failure to analyse whole evidence.
|
3 February 1981 |
|
A guilty plea precludes appealing the conviction; an unlawful excessive sentence was set aside and replaced to secure immediate release.
Criminal law — guilty plea — effect on right to appeal against conviction Sentencing — limits of magistrate's power — statutory minimum fine or default imprisonment Revision — court may alter sentence of similarly situated co‑accused who did not appeal
|
3 February 1981 |
|
Conviction affirmed where daylight identification and possession of identifiable stolen cattle, plus no explanation, established robbery.
Criminal law – Robbery with violence – Eyewitness identification (daylight) – Recent possession of stolen property – Failure to explain possession – Recovery of stolen cattle and corroboration by multiple witnesses.
|
3 February 1981 |
|
Conviction for cattle theft quashed where prosecution failed to prove the appellant’s guilt and relied on hearsay.
Criminal law – Theft of cattle – Whether prosecution proved the accused’s participation or possession beyond reasonable doubt. Evidence – Hearsay – Hearsay statements by co-accused insufficient to sustain conviction. Burden of proof – Onus on prosecution to prove guilt; absence of direct evidence requires acquittal.
|
3 February 1981 |
|
Primary court finding that disputed asset was respondent’s separate property upheld; procedural objections to sale in execution dismissed.
Family law – Property in marriage – Ownership of property acquired before or after marriage – Section 58, Law of Marriage Act 1971 confirms spouses retain separate property. Civil procedure – Appeal – Appellate review of primary court’s factual and credibility findings – findings of fact sustained where reasonable. Execution of decree – Sale in execution – Compliance with Primary Court Manual and procedural fairness in sale proceedings.
|
2 February 1981 |