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Citation
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Judgment date
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| January 1983 |
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31 January 1983 |
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Complainant’s credible evidence and medical/village corroboration upheld conviction and sentence for rape; appeal dismissed.
Criminal law – Rape – Evidence – Complainant’s testimony corroborated by medical report and village witnesses – Credibility and consistency – Consent raised as defence but disproved by circumstances and injuries.
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31 January 1983 |
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31 January 1983 |
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Appeal after a guilty plea is incompetent; admitted facts sustain conviction and the sentence was not excessive.
Criminal law – plea of guilty – competence of appeal under section 313(1) Criminal Procedure Code – admission of facts bars challenge to conviction. Vehicular offences – causing bodily injury by reckless driving – sufficiency of prosecution facts. Sentencing – fine or imprisonment and licence cancellation – assessment of excessiveness and prescribed periods.
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28 January 1983 |
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Whether identification and ownership of alleged stolen pipes were proven beyond reasonable doubt.
Criminal law – Theft – Identification of stolen property – Sufficiency of identification evidence and proof of ownership – Receipts and witness credibility – Benefit of the doubt.
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28 January 1983 |
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28 January 1983 |
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Fine of shs.4,000 upheld as not excessive; forfeiture of nine crates set aside for lack of evidence of hoarding intent.
Criminal law – sentence – review for excessiveness – whether fine of shs.4,000 excessive; Criminal law – forfeiture of property – requirement of evidence of intent (hoarding to overcharge) to justify forfeiture of entire stock.
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28 January 1983 |
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Misjoinder and insufficient evidence quashed the first appellant's conviction; second appellant proved guilty only of Shs.2,205/= theft.
Criminal law – Theft by servant – Misjoinder of accused persons – Prejudice from joinder – Sufficiency of evidence: ticket books, ticket duplicates and signatures – Reduction of conviction to proved amount – Sentence not manifestly excessive.
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27 January 1983 |
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Ex parte judgment set aside because service was not proved by affidavit or oath as mandated by procedural rules.
Civil procedure – service of process by plaintiff – Order V Rule 31 (affidavit of server required); Order XVI Rule 10(1) (examination on oath of serving officer where affidavit absent) – failure to prove service vitiates ex parte proceedings; matrimonial proceedings – no costs under s.90(1) Marriage Act.
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27 January 1983 |
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Respondent's status as lawful wife and heir upheld; oral declaration by deceased found a valid will.
Inheritance law — Oral wills under Schedule III, section 7 of the Law of Inheritance, Local Customary Law (Declaration) Order (GN No. 436/1963) — Validity and capacity — Marital rights as superior claim to estate.
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27 January 1983 |
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Whether a purported written will, improperly attested, validly bequeathed a house to the appellant.
Wills – testamentary document – validity and attestation – burden of proof to show bequest – appellate review of lower courts' findings on document authenticity.
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27 January 1983 |
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Appellate court affirmed robbery conviction, finding eyewitness evidence credible and sentence appropriate under the Minimum Sentences Act.
Criminal law – Robbery (s.285 Penal Code) – Eyewitness credibility; appellate deference to trial findings; partial recovery of stolen property does not absolve robbery; Minimum Sentences Act 1972 – mandatory minimum penalty.
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26 January 1983 |
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Conviction quashed where child-witness identification at night in rain, without recorded s127(2) finding, was unsafe.
Criminal law — Identification evidence — Child witnesses — Evidence Act s127(2) duty to record opinion — Night-time identification in rain — Unsafe conviction — Conviction quashed.
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26 January 1983 |
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Appellant's cattle-theft conviction upheld; co-accused's conviction quashed on revision for lack of mens rea.
Criminal law – Cattle theft – Credibility of witnesses and mens rea – Sufficiency of evidence to convict herdsman – Revisionary power to quash conviction of non-appealing co-accused.
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26 January 1983 |
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Appeal challenges sufficiency of evidence and imposition of minimum sentence in cattle-theft conviction.
Criminal law – Cattle theft – proof of dishonest taking and possession – role of circumstantial evidence and possession of stolen animals. Evidence – identification and provenance of livestock – reliance on witness testimony of possession and alleged purchaser. Sentencing – application of statutory minimum sentence (Minimum Sentences Act 1972) for cattle theft.
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26 January 1983 |
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Trial magistrate misdirected on burden; conviction for wrongful confinement quashed for insufficient prosecution evidence.
Criminal law – wrongful confinement (s.253 Penal Code) – burden of proof – prosecution must prove guilt beyond reasonable doubt – improper shifting of burden by trial magistrate – role and lawful acts of Primary Court messengers/peace officers – conviction quashed for insufficient evidence.
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24 January 1983 |
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Conviction quashed where no admissible evidence connected the appellant to seized trophies and alleged co‑accused confession was unproven.
Criminal law – unlawful possession of government trophies – necessity of evidence connecting accused to seized property; Confession by co-accused – unreliability and inadmissibility where denied/retracted at trial; Insufficiency of prosecution case where searches produce no incriminating evidence.
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24 January 1983 |
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Conviction quashed where prosecution relied solely on an inadmissible auditor's report amounting to hearsay.
Criminal law – Theft by public servant – Admissibility of auditor's report – Hearsay – Auditor not called to give viva voce evidence – Conviction unsafe where prosecution relies solely on inadmissible audit report.
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24 January 1983 |
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Applicant failed to show good cause for late appeal; conviction supported by strong identification and appeal bound to fail.
Criminal procedure — application for leave to appeal out of time — requirement to show "good cause" to extend time. Criminal law — cattle theft — identification by owner, branded marks, sale with market receipt and corroborating witnesses. Appeal procedure — summary rejection under section 317 Criminal Procedure Code where appeal lacks merit. Sentencing — mandatory minimum sentence applied for scheduled offence.
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24 January 1983 |
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Prosecution failed to prove that assaults by the accused caused the deceased's death; all accused acquitted.
Criminal law - Murder - Causation between alleged assault and death - Weight of medical expert evidence; Identification evidence from lay witnesses; Assessors' divergent views; Reasonable doubt.
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22 January 1983 |
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Reported
Contract — Domestic arrangement — Promise to buy a gift — Intention to create legal relations — Promise revoked by subsequent conduct —Whether promisor bound by earlier- promise. |
20 January 1983 |
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Reported
Court found marriage irretrievably broken by cruelty and constructive desertion; adultery was condoned but remained relevant.
Family law – divorce — reference to Conciliatory Board dispensed with when impracticable; adultery found but condoned; cruelty (physical and mental) established; constructive desertion; alleged witchcraft accepted on balance of probabilities as supporting respondent's apprehension.
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19 January 1983 |
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18 January 1983 |
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Circumstantial evidence, including blood-group matches and proximity to the scene, can suffice to uphold an armed robbery conviction.
Criminal law – Armed robbery – Circumstantial evidence and identification – Blood-group analysis as corroboration – Proof beyond reasonable doubt – Sentence: mitigation for remand custody and injury.
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18 January 1983 |
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Whether exhibits may be sold pending trial; court varied disposal to require public storage to protect the applicant.
Criminal procedure – disposal of exhibits – magistrate’s discretion to order disposal where storage inadequate and exhibits deteriorating; High Court may vary disposal order to protect accused’s property and direct alternative public storage and expedited hearing.
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17 January 1983 |
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Reported
Conviction for criminal trespass quashed where complainant lacked actual physical possession and requisite intent was not proven.
Criminal trespass (s.299(a)) — requirement of actual physical possession by complainant; mens rea — must prove intent to intimidate/insult/annoy; bona fide mistake of right negates intent; trial non-directions vitiating conviction.
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17 January 1983 |
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Appellate court quashed conviction for malicious damage because of unreliable evidence and an unexplained delay in arrest.
Criminal law – Malicious damage to property – Identification and credibility of witnesses – Alibi supported by witnesses – Effect of unexplained delay in arrest on prosecution’s case – Sufficiency of evidence to sustain conviction.
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17 January 1983 |
Criminal Law - Criminal trespass - Building a house on a plot not belonging to the builder by mistake - Whether can amount to criminal trespass. |
17 January 1983 |
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Appellants’ theft convictions set aside; convicted of causing loss to government and sentenced to one year, with compensation order maintained.
Criminal law – Theft by public servant – Credibility of accused’s changing statements – Afterthoughts – Where no evidence of appropriation, conviction for stealing cannot stand – Substitution with lesser offence of occasioning loss to Government (s.284(A)) – Sentence varied and compensation order upheld.
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15 January 1983 |
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Conviction for obtaining goods by false pretences quashed where post‑dated cheque and lack of proof of inducement rendered conviction unsafe.
Criminal law – Obtaining goods by false pretences – Element of inducement – Post‑dated cheque as representation of future funds, not necessarily of existing funds – Requirement of direct evidence to prove false representation – Duty of trial court to evaluate defence and binding authority.
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10 January 1983 |
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The applicant's convictions based on dock identification without an identification parade were unsafe.
Criminal law – Identification evidence – Dock identification – Reliability – Need for identification parade where witnesses had brief, poorly lit, stressful sighting and later exposure of suspects to witnesses. Criminal procedure – Pre-trial exposure of suspects to witnesses – risk of contamination of identification. Appeal – Convictions unsafe where identification evidence is unreliable.
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10 January 1983 |
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Appeals dismissed: cogent evidence proved stealing by servants and mandatory three-year sentences were upheld.
Criminal law – stealing by servant – proof beyond reasonable doubt; evidential weight of consignment note, discovery of hidden goods and accused’s flight; mandatory minimum sentence under Minimum Sentences Act; consolidation of appeals arising from same facts.
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10 January 1983 |
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Alibi and possession issues rejected; convictions for receiving stolen railway goods upheld, but sentences found unlawful and subject to review.
Criminal law – receiving and retaining stolen property – possession and inference of dishonesty – alibi – burden and standard of proof – credibility and identification of witnesses – sentencing – Minimum Sentences Act applicability where property is owned by a specified authority (Tanzanian Railways Corporation).
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6 January 1983 |
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Trial court’s credibility findings and evidence of conversion sustained one theft conviction; co-accused with insufficient connection acquitted.
Criminal law – Theft – Proof by fraudulent conversion – Section 258(2)(a) – Credibility of related witnesses – Minor contradictions immaterial – Competing civil claims do not oust criminal jurisdiction.
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5 January 1983 |
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Convictions quashed where unsworn child evidence, unreliable identification and corroborated alibis rendered the verdict unsafe.
Criminal law – robbery with violence; identification evidence – reliability and distances; unsworn evidence of child witnesses – voir dire and competence; alibi corroboration and reasonable doubt; appellate intervention where conviction is unsafe.
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4 January 1983 |
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High Court directed Probate and Administration Ordinance apply and ordered revocation of an administrator's grant for failure to protect widow and children.
Probate and Administration — High Court power to order application of Probate and Administration Ordinance to an estate previously probated by a Primary Court; revocation of administrator's grant for failure to pay beneficiaries and for unsatisfactory administration; protection of widow and children; s.88(1)(b), s.89(1)&(2), Probate Rules (Rule 14).
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3 January 1983 |
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Appellant sued wrong party; intermediary who breached sale contract, not the respondent, was liable to refund.
Contract/sale of goods – intermediary seller’s liability – purchaser sued wrong party; delivery conditional upon permit; absence of evidence linking respondent to contractual obligation to refund.
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1 January 1983 |
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Ledger omissions alone do not prove theft or fraudulent accounting; actual misappropriation and intent must be proved.
Criminal law – theft by public servant – ledger omissions insufficient to prove theft without stock verification or direct evidence of misappropriation. Criminal law – fraudulent false accounting (s.317(c)) – omission from accounts does not establish fraud; actual fraudulent intent must be proved. Evidence – audit reports – limited probative value where no physical stock-take or corroboration of missing goods exists.
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1 January 1983 |
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Arbitrator’s failure to properly assess extension-of-time claims and misapplication of termination clause warranted setting aside parts of the award.
Arbitration — Arbitrator misconduct/irregularity — Insufficient consideration of extension of time claims; Contractual termination — clause 25(1)(b) repetition/continuance requirement; Award reliefs — inconsistency, excessiveness and forfeiture of contractor’s plant; Court remedies — setting aside part of award and ordering fresh hearing under Arbitration Ordinance.
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1 January 1983 |
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Appeal dismissed; convictions and sentences for causing grievous harm by pushing a passenger from a moving bus are upheld.
Criminal law – Offence of causing grievous harm – Injury by being pushed from a moving vehicle and run over – Medical evidence classifying injury as dangerous supports grievous-harm charge. Evidence – Credibility assessment – Trial magistrate entitled to reject inherently improbable defence and accept eyewitness testimony. Appeal – Appellate court will not disturb reasonable credibility findings and concurrent verdicts absent misdirection.
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1 January 1983 |
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1 January 1983 |
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Police orders do not bar civil defamation suits; no government fiat required; damages increased to shs 10,000.
Civil procedure – Government Proceedings Act – no requirement of government fiat to sue a public servant in his personal capacity. Administrative/regulatory orders – Standing Orders/Police General Orders – non‑compliance may attract discipline but do not oust right to sue. Police Force Ordinance s.61(1) – internal complaint procedure not exclusive; s.96 preserves other remedies. Defamation – defamatory words, lack of justification, qualified privilege defeated by malice. Evidence – appellate review of credibility; junior witnesses may be credible despite institutional pressure. Costs – failure to comply with security for costs affects costs award but does not nullify judgment.
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1 January 1983 |
Family Law - Dissolution of Marriage - Return ofdowryfromfather in law - Whether husband entitled to claim offspring of animals paid in bridewealth - S. 45 of the Law of Persons |
1 January 1983 |
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Appellate decision declared null where the District Court decided the wrong Primary Court decree and the alleged High Court award was non-existent.
Civil procedure — decree must show relief — appellate court must determine the correct primary decree on appeal; appellate decision based on wrong decree is nullity; appellant’s reliance on non-existent High Court award rejected. Land law — claims against village officials — question of personal liability where allocation made in official capacity.
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1 January 1983 |
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Failure to give a written, signed and pronounced judgment and unreconciled assessor opinions vitiated the trial; retrial ordered.
Primary Courts – Civil procedure – Rule 53 – Requirement that decision be in writing, signed by magistrate and assessors, pronounced and dated; Assessors – Opinions cannot substitute for court decision; Conflicting/unreconciled assessor opinions – vitiate judgment; Remedy – Set aside and retrial before different magistrate without fees.
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1 January 1983 |
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1 January 1983 |
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Divorce granted where respondent deserted petitioner and lived in adultery; custody to petitioner and shs.800 monthly maintenance ordered.
Divorce — grounds — desertion and adultery — marriage irretrievably broken down; custody and child maintenance ordered; costs awarded to petitioner.
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1 January 1983 |
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Appellant’s conviction for motor‑vehicle theft upheld; illegal six‑year sentence reduced to lawful five years.
Criminal law – Theft of motor vehicle – Credibility of alibi versus eyewitness evidence – Flight as evidence of concerted action; Sentencing – Magistrate’s sentencing jurisdiction – Illegal sentence exceeding statutory/competent maximum and substitution with lawful maximum term.
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1 January 1983 |
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1 January 1983 |
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1 January 1983 |