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Citation
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Judgment date
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| July 1986 |
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Contract - Frustration - When doctrine of frustration may be invoked. Contract - Repudiation - Circumstances under which a party may be said to have repudiated a contract. Contract - Damages - Remoteness- Installation of water tank where water was scarce to facilitate performance of the contract - Contract terminated - Whether damages in respect of the construction of the water tank recoverable |
31 July 1986 |
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Reported
Termination without following contractual notice procedure was wrongful; defendants liable and plaintiff awarded shs.3,250,111 in damages.
Contract law – frustration – detention of director and seizure of materials not amounting to frustration; Repudiation – requirement of clear intention or inability to perform; Contract termination – employer must follow clause 32 (notice by registered post and 14-day remedy period) before determining contract; Damages – assessment for work done, materials/tools, loss of profit and special items; Remoteness – Hadley v Baxendale principle applied to water tank; Vicarious liability of State for employee’s contractual breach.
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31 July 1986 |
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Recent possession of stolen cattle shortly after theft establishes an inevitable inference of guilt and supports conviction and imprisonment.
Criminal law – Cattle theft – Recent possession of stolen property as basis for inference of guilt. Evidence – Credibility of search-party witnesses versus accuseds' alibi and planting allegation. Procedure – Recovery of stolen property by villagers and handing over to complainant and police. Sentencing – Balancing mitigating circumstances of first offenders against regional seriousness and deterrence; ten-year custodial sentence.
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30 July 1986 |
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Conviction for cattle theft quashed where evidence linking the appellant to the stolen animal was insufficient.
Criminal law – cattle theft – sufficiency of evidence – identification of slaughtered animal and recovered skin – conflicting witness statements – conviction quashed for lack of evidence.
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28 July 1986 |
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Whether single-witness night identification was reliable to sustain a robbery conviction and minimum sentence.
Criminal law – robbery with violence – identification evidence – single witness night identification – reliability and cautionary warning (Abdallah). Proof of identity – familiarity between witness and accused, lighting conditions, and prior opportunity to converse. Sentence – prescribed minimum upheld.
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25 July 1986 |
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The first accused solicited a bribe and the second received it on his behalf; both convicted and sentenced to three years.
Criminal law – Corrupt transaction – solicitation of bribe by public/party official – receipt of bribe by agent on another’s behalf – proof beyond reasonable doubt. Evidence – credibility and consistency of eyewitness testimony; use of trap/pre‑recorded notes by anti‑corruption squad as corroborative evidence. Sentencing – custody, mitigation and in absentia sentence with warrant for arrest.
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25 July 1986 |
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Appeal against conviction and sentence for burglary and stealing dismissed; evidence compelling and sentence properly imposed.
Criminal law – Burglary and stealing – Conviction upheld where accused found in possession of recently stolen goods, seen hiding property, fled and confessed; sentencing – appellate interference refused where trial magistrate properly exercised discretion and sentence justified by value of stolen property.
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24 July 1986 |
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24 July 1986 |
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Reported
An election petition challenging a candidate’s citizenship failed: petitioners bore the burden and did not prove non‑citizenship.
Elections law – qualification of candidate – citizenship challenge – burden of proof lies on petitioners challenging accepted election particulars; Evidence – evaluation of witness credibility and insufficiency of hearsay/unspecified evidence to displace statutory acceptance; Elections Act s.108 limits review of administrative vetting; Elections Act s.113 supports declaration of election validity.
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24 July 1986 |
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A holder of clan land has only a life interest and cannot validly bequeath it; nearest relative inherits.
Clan land – succession – life interest/usufruct – women inherit clan land only as life tenants under Rule 20 GN 436/63 – incapacity to bequeath clan land – validity of will – nearest relative entitlement.
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24 July 1986 |
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A theft conviction cannot stand where evidence fails to exclude the possibility of third‑party access.
Criminal law – Theft – Circumstantial evidence – Failure to exclude reasonable possibility of third‑party access – Proof beyond reasonable doubt – Negligence of watchman insufficient for theft conviction.
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24 July 1986 |
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Conviction for theft of entrusted salary upheld on circumstantial and credibility-based evidence; appeal dismissed.
Criminal law – Theft by public officer – Salary entrusted for banking – Circumstantial and testimonial proof – Credibility of prosecution witnesses – Absence of documentary receipt does not necessarily defeat conviction; concurrent sentencing.
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24 July 1986 |
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Conviction quashed where prosecution failed to identify goods as stolen and improperly shifted burden of proof to appellants.
Criminal law – Theft and receiving stolen property – Identification of stolen goods – Mass-produced, unmarked items not sufficient to prove provenance; burden of proof remains on prosecution – Improper reversal of burden by trial court.
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24 July 1986 |
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Circumstantial evidence insufficient to convict where the appellant’s credible, corroborated defence raised reasonable doubt.
Criminal law – circumstantial evidence – sufficiency to convict; Credibility of accused’s defence corroborated by witnesses; Burden on prosecution to disprove defence beyond reasonable doubt; Absence of PF3 or visible injuries not fatal to accused’s defence.
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24 July 1986 |
Election petition - Burden of Proof- Allegation that the victor is not a citizen of Tanzania - Burden of proving citizenship of victor. Evidence - Burden of Proof - Citizenship challenged - The one challenging has the burden of proof |
24 July 1986 |
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Positive identification of a marked item and recent possession without explanation upheld the conviction; appeal dismissed.
Criminal law – Identification of stolen property – Positive identification of a specially marked item can suffice to connect recovered goods to a theft; Criminal law – Recent possession – Possession shortly after theft, without satisfactory explanation, supports conviction; Evidence – Accused’s inconsistent ownership claims undermining credibility.
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23 July 1986 |
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Appellate court quashed conviction where vehicle identity was proven but battery and fingerprint evidence were unreliable and procedurally defective.
Criminal law – identification of stolen property – vehicle identity proved by production of registration card and vehicle; ancillary item (battery) identification insufficient; fingerprint evidence – expert evidence tendered in absence; accused’s right to summon and cross‑examine expert; unsafe conviction; appeal allowed.
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23 July 1986 |
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Appeal allowed where vehicle identity was established but battery and fingerprint evidence were unreliable and conviction unsafe.
Criminal law – evidence – identification of stolen vehicle – production of registration card and inspection of vehicle may establish identity despite missing number plates; engine and chassis numbers important. Criminal law – evidence – identification of chattels (battery) – common items require distinctive marks to be relied upon. Criminal procedure – forensic/expert evidence – requirement to notify accused and afford opportunity to cross‑examine expert; tendering expert evidence in absence may undermine fairness. Evidence – fingerprint evidence – issues of location (inside/outside), accidental contact and sufficiency to convict. Criminal law – standard of proof – conviction unsafe if identification and forensic evidence leave reasonable doubt.
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23 July 1986 |
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Applicant's appeals dismissed: identification by known witnesses proved theft and five-year sentence upheld.
Criminal law – Theft under section 265 Penal Code – conviction upheld; Identification evidence – reliability of identification by known witnesses; Credibility findings – weight of attendant and victim's son testimony; Sentence – appeal against five-year imprisonment dismissed.
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22 July 1986 |
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Conviction quashed for procedural non‑compliance with s.196(1)(a); retrial ordered because the offence was serious and prevalent.
Criminal procedure – trial by two magistrates – non-compliance with s.196(1)(a) of the Criminal Procedure Code – conviction and sentence quashed; retrial ordered due to seriousness of offence.
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21 July 1986 |
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District Court lacked jurisdiction after EOC Act amendments; conviction quashed and accused released.
Criminal law — Stock Theft Ordinance — effect of Economic and Organised Crime Control Act 1984 — transfer of offences and removal of subordinate courts’ jurisdiction — jurisdictional defect renders trial a nullity; misframing of charge where evidence shows theft not mere possession suspected to be stolen.
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21 July 1986 |
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A conviction based solely on an uncorroborated confession by a co-accused cannot be sustained under s.33(2) Evidence Act.
Criminal law – Evidence – Confession/admission of an accomplice – Necessity of corroboration – s.33(2) Evidence Act 1967 – Uncorroborated accomplice evidence insufficient to sustain conviction.
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21 July 1986 |
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Conviction upheld on recent possession and identification; three-year sentence increased to mandatory five years under Minimum Sentences Act.
Criminal law – housebreaking and stealing – doctrine of recent possession – identification by distinctive marks – credibility of accused’s market-purchase defence. Evidence – failure to call corroborating witness and discrediting of defence witness. Sentencing – Minimum Sentences Act s.5(d) – mandatory minimum sentence where value of stolen property exceeds statutory threshold – substitution of illegal sentence.
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21 July 1986 |
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Conviction quashed where identification was inadequate and child witnesses testified without the required voir dire or corroboration.
Criminal law – Identification of stolen property – general description insufficient; need for cogent, positive identification beyond reasonable doubt. Evidence Act s.127(2) – child of tender years – court must conduct voir dire to determine competence and understanding of oath before admitting testimony. Evidence – necessity of corroboration for testimony of children of tender years. Criminal procedure – conviction unsafe where based on uncorroborated child evidence and weak identification.
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19 July 1986 |
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19 July 1986 |
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Appellants' possession of uniquely identifiable stolen broilers justified theft convictions; appeals dismissed.
Criminal law – Theft – Identification of stolen property – Possession of uniquely identifiable high‑breed broilers and credible identification by complainant supported an inference of theft; appellants' explanations found implausible; convictions upheld.
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18 July 1986 |
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Possession of uniquely identifiable broilers and credible identification upheld the appellants' theft convictions on appeal.
Criminal law – Theft – Identification of stolen property – Possession of uniquely identifiable high-breed broilers recognised by complainant and employee upheld conviction. Evidence – Credibility and consistency – Appellants' ownership explanations inconsistent with bird age and breed. Possession of stolen property – Prima facie inference of theft where property is distinctive and identified.
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18 July 1986 |
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A dismissal for want of prosecution was set aside where prosecution had actively sought to resume trial with the original magistrate.
Criminal procedure — dismissal for want of prosecution — revisional powers to set aside dismissal where prosecution seeks recall of original trial magistrate and substantial evidence already recorded; judicial economy and fairness in resuming trial.
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18 July 1986 |
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Court finds a school donation was non-corrupt, dismisses petition and upholds respondent’s election.
Electoral law — Election petition — Alleged pre-election gift to school — distinction between charitable contribution and electoral bribery; witness credibility; burden of proof beyond reasonable doubt. — Alleged third‑party intimidation — hearsay and insufficient proof. — Use of Presidential photograph to indicate ballot position not a prohibited symbol or contravention of Elections Act. — Fairness of party campaign organisation.
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18 July 1986 |
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Court dismissed election petition: donation to school was bona fide for sports, no corrupt electioneering or proven voter intimidation; respondent duly elected.
Election law – election petition – alleged corrupt gift to school; timing and motive of donation; standard of proof for corrupt electioneering; allegations of voter intimidation and private prosecutions; use of presidential photograph as reference on ballot paper; fairness of party campaign supervision.
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18 July 1986 |
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Distinctive marks on recovered property sufficed to uphold conviction and three-year sentence; appeal dismissed.
Criminal law – Theft and breaking – Identification of recovered stolen property by distinctive marks (burnt spots, maker’s impressions) – Sufficiency of identification evidence to support conviction; appellate deference to trial magistrate’s credibility findings; sentence affirmed.
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16 July 1986 |
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Conviction quashed where identification evidence was doubtful and not established beyond reasonable doubt.
Criminal law – Identification evidence – Whether identification of accused was proved beyond reasonable doubt – Discrepancies and implausible details in witness accounts undermining conviction.
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16 July 1986 |
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Appellate court upheld convictions and fines but set aside an unexplained criminal-court compensation award as arbitrary.
Criminal law – assault and abusive language – credibility of witnesses – trial magistrate’s assessment – appellate court will not lightly disturb findings of fact; Civil remedies – compensation awarded by criminal court must be founded on articulated basis; arbitrary awards can be set aside.
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16 July 1986 |
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15 July 1986 |
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Accused convicted of giving a bribe to a public officer; prosecution evidence accepted and Minimum Sentences Act’s three-year minimum noted.
Criminal law – Corruption – Giving money to a public officer to induce forbearance from prosecuting another – Elements of s.3(2) Prevention of Corruption Act – Proof beyond reasonable doubt; credibility and corroboration of witnesses. Evidence – Credibility assessment – acceptance of arresting officer’s account corroborated by colleague; accused’s denial rejected as afterthought. Sentencing – Mitigation (youth, first offender, family responsibilities, time in custody) weighed against statutory minimum sentence (Minimum Sentences Act 1971).
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11 July 1986 |
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High Court holds dismissal unsupported where case was never fixed for hearing and no notice was given; orders immediate hearing.
Criminal procedure — private prosecution — non-appearance on mention dates — applicability of section 198 (hearing vs. mention) — validity of dismissal absent notice — second dismissal meaningless — High Court sets aside unsupported dismissal and orders immediate hearing.
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10 July 1986 |
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Planting permanent crops on another’s land does not confer ownership; claimants may recover compensation for their labour.
Land law – permanent crops – planting of cashew trees on another's shamba does not vest ownership in the planter; entitlement limited to compensation for labour. Appellate review – duty to analyse trial evidence – appellate court’s failure to address key factual and legal issues warrants quashing of its judgment. Remedies – compensation for cultivation on land owned by another.
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8 July 1986 |
Commercial Law - Insurance - Causing a motor vehicle to be used on a road without a certificate of insurance - Motor Vehicle Insurance Ordinance, Cap. 169, s.4(l).
Commercial Law - Transport licensing - Using a goods vehicle without transport licence - Transport Licensing Act, 1973, s.!0(I)(a)(2) and (7).
Criminal Practice and Procedure - Sentencing - Previous High Court judgment misinterpreted - Magistrate imposing sentences which do not reflect the seriousness of the offences - Accused not disqualified from holding or obtaining a driving licence as required by the law.
Commercial Law - Insurance - Causing a motor vehicle to be used on a road without a certificate of insurance - Motor Vehicle Insurance Ordinance, Cap. 169, s.4(l).
Commercial Law - Transport licensing - Using a goods vehicle without transport licence - Transport Licensing Act, 1973, s.!0(I)(a)(2) and (7).
Criminal Practice and Procedure - Sentencing - Previous High Court judgment misinterpreted - Magistrate imposing sentences which do not reflect the seriousness of the offences - Accused not disqualified from holding or obtaining a driving licence as required by the law. |
8 July 1986 |
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Accused convicted of cattle theft on eye-witness ID, matching clothing and recovery of stolen cattle; sentenced to ten years.
Criminal law – Cattle theft – Identification by eye-witnesses – Possession of distinctive clothing as corroborative evidence – Recovery of stolen property – Credibility of accused’s innocent explanation – Sentence of 10 years imprisonment.
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8 July 1986 |
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Circumstantial evidence must exclude all reasonable hypotheses of innocence; mere possibility cannot support conviction.
Criminal law – circumstantial evidence – burden to exclude every reasonable hypothesis of innocence – mere possibility insufficient for conviction; access to main-office key not proof of theft from separate store.
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5 July 1986 |
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Reported
Appellant's evidence outweighed respondent's; appellate court wrongly halved the land—trial judgment restored.
Land dispute – title and possession – assessment of weight of evidence – quality over number of witnesses. Failure to call material witnesses – adverse inference permissible. Appellate interference – improper to substitute a Solomonic division where trial evidence supports original judgment.
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5 July 1986 |
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Reported
Evidence - Credibility - District Court finds witnesses for both parties reliable and divided the disputed land amongst the parties - Whether proper.
Civil Practice and Procedure - Failure of party to call material witnesses on his side - Whether adverse inferences can be drawn against such party.
Land Law - Abandoned shamba occupied and developed by another - Whether developer is trespasser. |
5 July 1986 |
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Long, continuous possession and cultivation since 1972 established ownership on balance of probabilities; appeal allowed.
Land law – possession as evidence of ownership – continuous, undisturbed possession and cultivation can give rise to ownership on balance of probabilities; weight of independent neighbour evidence; respondent’s failure to complain weakens trespass claim.
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3 July 1986 |
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Payment under section 40A(5) discharges employer’s liability, barring enforcement of the same relief against deposited funds.
Labour law – enforcement of conciliation/ministerial reinstatement orders; section 40A(5) Security of Employment Act – effect of employer’s payment on discharge of liability; sufficiency of proof for damages; res judicata and applicability where deposited funds’ entitlement is not previously determined.
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3 July 1986 |
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Accused found to have caused deaths but acquitted because killing of adult was treated as self-defence and transferred malice excused.
Criminal law – Murder – Malice aforethought – self-defence as justification negating malice – transferred malice where original act justified – circumstantial evidence of perpetration (silence, conduct after incident).
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3 July 1986 |
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The plaintiff was awarded the value of sand taken after the court found the plaintiff owned the disputed land, rejecting the defendant’s village-permission defence.
Property — ownership dispute between individual and Ujamaa village — admissibility and weight of oral and documentary evidence; Civil remedy — claim for value of goods taken from disputed land; Evidentiary weight — role of Ministry of Lands’ interpretation in land ownership disputes.
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2 July 1986 |
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Appeal dismissed: lower court correctly found plaintiff’s ownership of land; village permission did not justify removal of sand.
Property – land ownership – contested title between private plaintiff and Ujamaa village – weight of oral testimony and documentary title evidence (including Ministry of Lands interpretation) – removal of natural resources from land without owner’s title.
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2 July 1986 |
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Conviction quashed where visual identification was unreliable and accused wrongly penalised for remaining silent.
Criminal law – Robbery with violence – Visual identification – unreliable identification where viewing conditions, frightened victims and absent witnesses create reasonable doubt; Ownership/proof of stolen property – prosecution must prove ownership/possession; Right to silence – accused must not be penalised for lawful election to remain silent.
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2 July 1986 |
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Appeal dismissed: court upheld finding respondent was an employee and was underpaid below the statutory minimum.
Employment law – proof of employment – credibility of documentary and testimonial evidence (identity card and attendance) – statutory minimum wage – appellate review of findings of fact and credibility.
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2 July 1986 |
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Reported
A petition without the required conciliatory-board certificate is incompetent; s138(1) injunctions require pending proceedings.
Family law – Law of Marriage Act 1971 – Requirement of certificate from Marriage Conciliatory Board – Petition incompetent without the certificate and absent s.101 exceptions; Procedural relief – Trial court should dismiss incompetent petition rather than remit; Injunctions – s.138(1) injunctions only competent where matrimonial proceedings are pending.
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2 July 1986 |