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Citation
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Judgment date
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| October 1987 |
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Appeal allowed where limited audit checks and incomplete accounting evidence failed to prove theft beyond reasonable doubt.
Criminal law – Theft by servant – Proof beyond reasonable doubt – Adequacy of audit evidence and accounting records; Criminal procedure – Sufficiency of evidence to establish accused’s role and opportunity; Sentencing – Application of Minimum Sentences Act requires proof (certificate) of a registered authority.
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15 October 1987 |
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Appellate court upholds conviction for possession of suspected stolen property; trial court credibility findings not disturbed.
Criminal law – Possession of property suspected to have been stolen – Sufficiency of explanation for possession – Credibility findings of trial court upheld on appeal; sentence affirmed.
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15 October 1987 |
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Reported
Appeal dismissed; conviction for possession of suspected stolen property upheld for lack of reasonable explanation.
Criminal law — Possession of property reasonably suspected to be stolen — s.312(b) Penal Code — Credibility findings of trial court entitled to deference — Accused’s allegation of planting insufficient — Failure to give reasonable explanation — Sentence upheld.
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15 October 1987 |
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Reported
Appellant had standing; appellate court erred in re-calling assessors; Sukuma law allows reclaiming gifts for various grave misconduct.
Customary law – Sukuma law – locus standi – privy to customary gift entitles suit for refund. Civil procedure – Magistrates' Court Act s.9(3) – limits on calling assessors on appeal when trial assessors decided customary-law issues. Customary law – grounds for reclaiming dowry/gifts – ‘grave’ misconduct not confined to witchcraft and assault.
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14 October 1987 |
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Reported
Some theft convictions upheld, but several counts and forgery convictions quashed for insufficient or inadmissible evidence and procedural irregularities.
Criminal law – fraudulent false accounting and theft by public servant – evidential sufficiency – failure to call bank witnesses or produce bank statements – admissibility of secondary evidence (s.67 Evidence Act) – procedure where trial continues before a succeeding magistrate and recall/rehearing of witnesses (s.214 Criminal Procedure Act).
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14 October 1987 |
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Appellate court upheld several false‑accounting and theft convictions but quashed forgery and other insufficiently proved counts.
Criminal procedure – section 214(2)(a) C.P.A. – right of accused to have the magistrate who tries him hear witnesses afresh – successor magistrate improperly relying on predecessor’s recorded evidence. Evidence – burden and standard – proof beyond reasonable doubt; necessity of primary banking evidence and bank witness testimony to prove misappropriation of public revenue. Evidence Act s.67 – admissibility of secondary evidence; unreliable secondary copies cannot sustain conviction. Forgery – requirement of positive evidence linking accused to alteration of documents; overwriting on triplicates not sufficient without identification.
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14 October 1987 |
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Victim identification in bright moonlight upheld conviction; the applicant’s 'guest' defence rejected.
Criminal law – Robbery – Visual identification – Reliability of identification in bright moonlight – Eyewitness evidence by victim and spouse – Defence of being a guest – Participation/conspiracy inferred from identification and circumstances – Sentence confirmed.
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14 October 1987 |
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Reported
Criminal Practice and Procedure - Trial - Trial by two magistrates in succession - Succeeding magistrate prefers to rely on the version of.evidence given by witnesses before the first magistrate - S. 214(2)(a) C.P.A..
Evidence - Standard of proof
Evidence - Secondary evidence - Whether admissible. |
14 October 1987 |
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Review application dismissed as incompetent after decree execution and notice of appeal were already in place.
Civil Procedure – Review under Part VIII Section 78(a) – review not competent where appeal has been preferred. Civil Procedure – Inherent powers Section 95 – court will not grant relief rendered moot by execution. Execution – satisfaction of decree prior to review application may render review overtaken by events. Grounds for review – alleged advocate negligence does not rescue an otherwise incompetent or moot application.
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14 October 1987 |
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Reported
Customary Law - Locus standi - Person not a party to a contract -Whether can bring proceedings under Sukuma law.
Customary Law - Sukuma custom - Whether proper for parent or near relative to claim back anything given to a child.
Criminal Practice and Procedure -Appellate Jurisdiction - Section 9(3) of the Magistrates’ Court Act 1984 - Whether District Court can use the provision when exercising its appellate jurisdiction. |
14 October 1987 |
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Continuous cultivation after lawful village allocation establishes title; neighbour village’s resolution cannot justify encroachment.
Land law – village boundary and jurisdiction; allocation of village land to an occupier; continuous cultivation and possession; credibility findings in trial court; unlawful encroachment by neighbouring village; appellate review of factual findings.
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13 October 1987 |
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A district court wrongly set aside a valid will; Primary Court’s finding of testamentary capacity is restored.
Wills – validity and proof; testamentary capacity – evidence of sound mind and knowledge; originality/authenticity of a will; undue influence – burden of proof; appellate review of retrial orders where no serious irregularity shown.
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13 October 1987 |
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Appellant failed to prove village allocation; credible committee evidence entitled respondent to the shamba; appeal dismissed.
Land law – village land allocation – proof of allocation by village committee – credibility of witnesses – appellate review of factual findings.
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13 October 1987 |
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13 October 1987 |
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Applicants must appeal a subordinate court’s refusal of bail to the High Court under the Criminal Procedure Act 1985, not make a fresh application.
Criminal Procedure Act 1985 – bail – sections 148, 149 and 161 – orders of subordinate courts relating to bail are appealable/revisable by the High Court – procedural change from repealed Criminal Procedure Code – appeal required, not fresh High Court application.
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12 October 1987 |
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Reported
High Court bail relief under the Criminal Procedure Act, 1985 must be sought by appeal/review, not by a fresh parallel application.
Criminal Procedure Act 1985 – bail – interplay of s.149 (High Court power to admit or vary bail) and s.161 (appeal/reviewability of subordinate court orders) – procedural change from repealed Criminal Procedure Code – High Court bail relief should be sought by appeal/review, not by parallel fresh application.
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12 October 1987 |
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Conviction quashed for lack of proof of breaking, inadequate circumstantial evidence, and unproven value of stolen goods.
Criminal law – Shop breaking and stealing – Essential element of "breaking" under s.296(1) – proof required. Circumstantial evidence – must be inconsistent with innocence and exclude reasonable alternative hypotheses. Conviction cannot rest solely on uncorroborated possession evidence without proper analysis. Proof of value – charge sheet allegation is not evidence; valuation must be proved. Duty to call available relevant witnesses when their evidence could materially affect the case.
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12 October 1987 |
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Reported
Criminal Practice and Procedure - Bail - Application to the High Court after District Court refused to grant it - Whether procedure proper. |
12 October 1987 |
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Escape convictions upheld; robbery convictions set aside for lack of evidence; theft convictions substituted for some accused.
Criminal law – Escaping from lawful custody – Conviction upheld where detainees left prison without authority after conspiring with inmate. Criminal law – Robbery with violence – Victim absence and lack of medical evidence can render robbery conviction unsafe. Criminal law – Theft of government firearms and ammunition – Possession and disappearance of property may support theft conviction. Procedure – Revisional powers – Court may substitute convictions and sentences where evidence supports a lesser offence, even for non-appealing accused.
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10 October 1987 |
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Convictions quashed where prosecution failed to produce exhibits and a key witness, leaving only suspicion.
Criminal law – theft – evidentiary sufficiency; use of motor vehicle in commission of offence – proof required; failure to produce exhibits; absent key witness; conviction based on suspicion – appellate quashing of unsafe convictions.
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9 October 1987 |
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9 October 1987 |
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Respondent’s 1978 purchase proved by consistent evidence; appeal dismissed and possession upheld.
Land/property – Sale and ownership – Whether purchase in 1978 proved by preponderance of evidence; Evidence – Admissibility and probative value of Primary Court/criminal proceedings in subsequent civil suit; Credibility – Effect of inconsistent statements on claimant’s case; Forcible detainer conviction considered in assessing ownership and possession.
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8 October 1987 |
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Land in Tanzania must be developed to attract legal protection; absentee owners who merely allocate land lose possessory rights.
Land law (Tanzania) – possession requires development – absentee or "sleeping" landlord not protected Possession – clearing and cultivating pori (bush) as evidence of exercise of possession Allocation vs development – holding land for distribution does not sustain possessory rights
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8 October 1987 |
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Claim dismissed: plaintiff failed to prove driver’s negligence; accident caused by steering rod failure, employer not vicariously liable.
Negligence — burden of proof — mechanical failure (broken steering rod) — accident does not alone establish negligence; vicarious liability — employer not liable absent employee’s proven fault; damages — need for particularisation and proof of quantum.
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8 October 1987 |
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An appellant seeking repossession must pay compensation for respondent’s unexhausted improvements after long, peaceful occupation.
Land law – long possession and improvements – compensation for unexhausted improvements required on dispossession Evidence – lack of proof of prohibition against planting permanent crops Civil appeal – appellate endorsement of District Court’s compensation award
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8 October 1987 |
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Second appeal cannot re-open concurrent factual findings; appellate damage assessment for crops destroyed by cattle upheld.
Civil procedure – second appeal – limits on re‑opening concurrent findings of fact by lower courts. Tort/damages – destruction of crops by cattle – assessment of damages by appellate court not unreasonable.
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7 October 1987 |
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Appeal dismissed: insufficient evidence to convict respondent of receiving stolen property despite Primary Court's jurisdiction.
Criminal law – Receiving stolen property – Jurisdiction of Primary Court under section 311 Penal Code – Sufficiency of evidence to prove receiving stolen property. Criminal procedure – Appeal – Appellate review of factual findings and credibility assessments.
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7 October 1987 |
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7 October 1987 |
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Threats of arrest and intimidation do not satisfy the physical-violence requirement for robbery; offence substituted to demanding with menaces.
Criminal law – robbery with violence – requirement of use or threat of actual physical violence under s.285 – mere threats of arrest or intimidating boasts insufficient. Criminal law – demand with menaces (s.292) – when conduct amounts to menaces and supports conviction for demanding property with intent to steal. Identification – daylight and prior acquaintance supports identification evidence.
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7 October 1987 |
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The applicant was allowed to defend summary judgment where a bona fide limitation defence raised a triable issue.
Civil procedure – summary judgment (Order 35 R.2(2)) – defendant permitted to defend where a bona fide triable issue is shown – plea of limitation can defeat summary judgment – corporate liquidation and corporate existence in suits – security/payment into court seldom required.
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5 October 1987 |
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Conviction based solely on co-accused’s hearsay and uncorroborated evidence is unsafe and quashed.
Criminal law – Evidence – Hearsay – Out-of-court statements of co-accused inadmissible to convict another accused. Criminal law – Accomplice evidence – Statements or evidence of a co-accused require corroboration before supporting conviction. Evidence – Identification – Absence of signature identification on document weakens prosecution case.
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5 October 1987 |
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Accused proved to have unlawfully killed the deceased but was found legally insane and ordered detained as a criminal lunatic.
Criminal law – Murder – Medical and eyewitness evidence establishing unlawful fatal wounds and malice aforethought; Defence of insanity – prior history and post-offence conduct as evidence of disease of mind; Voluntary intoxication noted but not determinative; Disposition under Criminal Procedure Act s.219(3) – detention as criminal lunatic.
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5 October 1987 |
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Whether a sale by the respondent's father during marriage without consulting children was valid and the purchaser's title upheld.
Property law – Sale by joint owner during marriage – Presumption of equal beneficial interests in matrimonial property – Validity of sale by spouse without children’s consultation – Evidence required to rebut presumption; Civil procedure – Magistrates’ Courts jurisdiction – proper interpretation of jurisdictional value thresholds; Innocent purchaser – capacity and coercion issues.
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3 October 1987 |
(Appeal from the judgment of Newala District Court in DC Civil Appeal No. 21 of 1985) Civil Practice and Procedure - Jurisdiction — Pecuniary jurisdiction of Primary Court- Whether a Primary Court may entertain a suit for recovery of a debt arising out of a contract between natural persons exceeding the value of TZS. 10 000 000 -section 18(I)(a)(iii) ofthe Magistrates Courts Act 1984. Family Law - Property - Property owned jointly between husband and wife — Death of one spouse - Property devolves on the survivor. e Contract of Sale - Jointly owned property between spouses — Death of one spouse — Whether the survivor, upon whom the property devolves, may dispose of such property |
3 October 1987 |
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Appeal dismissed where a voluntary caution statement and being caught in the act corroborated the robbery conviction.
Criminal law – robbery – confession recorded in caution statement – voluntariness and admissibility under s.27(1) Evidence Act 1967 – trial court rightly accepted confession. Evidence – appellant caught in the act – corroboration of confession by circumstances of arrest. Sentencing – sentence was the minimum prescribed under the Minimum Sentences Act 1972.
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2 October 1987 |
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Appellant's conviction and sentence for housebreaking and theft upheld where recent possession proved and sentence lawful.
Criminal law – housebreaking and stealing – doctrine of recent possession – unexplained possession of identified stolen property supports conviction. Evidence – identification of property – owner’s identification of stolen items admissible and probative. Sentencing – sentence within Minimum Sentences Act 1972 not open to successful challenge.
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2 October 1987 |
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Recent possession of stolen goods shortly after theft and credibility findings upheld; appeal dismissed.
Criminal law – Possession of recently stolen property – Recent possession as evidence of theft; appellate deference to trial court credibility findings; rejection of innocent presence defence.
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2 October 1987 |
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Reported
Land Law - Land Registration Ordinance Cap. 334 - Definition of owner of an estate or interest thereof- 5. 2 ofCap. 334
Land Law - Unconditional gift - A suijuris out of love and affection - Whether it passes property absolutely. |
2 October 1987 |
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Traditional/local ‘armies’ cannot exercise arrest or punitive powers outside statutory law; claim for compensation dismissed.
Constitutional law — Rule of Law — limits on extra‑legal enforcement; Penal Code and Criminal Procedure Act — arrest and detention powers; customary/traditional enforcement — permissible scope and interaction with state law; remedies for alleged extra‑legal seizures and deprivations.
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2 October 1987 |
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Traditional army must act within law; defendant liable for unlawful seizure and sale of plaintiff’s cattle, TSh 20,000/= awarded.
Traditional/local army – rule of law – limits on extra‑legal policing powers; seizure and sale of property – civil liability; Penal Code s.99 (false assumption of authority); arrest powers – Criminal Procedure Act; damages for unlawful seizure of cattle.
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2 October 1987 |
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Appeal allowed on count 36 where evidence pointed to another accused; convictions on counts 35 and 37 upheld.
Criminal law – stealing by public servant – evidence of chits and handwriting experts – appellate review of convictions – quashing conviction where evidence attributes theft to another accused – compensation order upheld where conviction affirmed.
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2 October 1987 |
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Reported
Registered owner retains title; inter vivos gift is irrevocable absent reserved condition, and rent receipt does not confer ownership.
Land law – Registered title – Section 2 Land Registration Ordinance – registered proprietor is the owner; registered title not displaced by payment or rent collection alone. Gifts – Inter vivos gift of land – unconditional gift is irrevocable absent reserved condition, fraud, undue influence, mistake or illegality. Tenancy – Receipt of rent or tenants’ recognition of a person as landlord does not by itself confer ownership.
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2 October 1987 |
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A registered proprietor retains title; a voluntary gift of registered land is irrevocable absent reservation or vitiating factors.
Land law – Registration – Legal owner defined by name on registered title (Land Registration Ordinance, Cap. 334, s.2). Gifts – Voluntary gift of registered land – When irrevocable; need for express reservation or vitiating factors to revoke. Rent receipt – Collection of rent and tenants’ recognition of a person as landlord do not operate to transfer legal title. Evidence – Burden to show reservation or circumstances invalidating an absolute gift.
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2 October 1987 |
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Possession of recently stolen public property and attempt to sell supported conviction of the appellant; sentence affirmed.
Criminal law – Theft by public servant (ss. 270, 265 Penal Code) – Possession of recently stolen public property and attempted sale as evidence of theft – Corroboration by co-accused and undercover purchaser – Sentence (statutory minimum) affirmed.
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2 October 1987 |
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Application for extension of time to appeal disqualification dismissed; court corrected illegal fine-only sentence by imposing statutory minimum imprisonment.
Criminal procedure Appeal out of time Extension of time under s.361 CPA Road Traffic Act s.27 (disqualification) s.63(2) mandatory minimum sentence Revisional powers to correct erroneous sentence.
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1 October 1987 |
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Appeal allowed: conviction quashed due to witness contradictions and improper use of accused’s police statement.
Criminal law – theft by servant – sufficiency of evidence and standard of proof beyond reasonable doubt; contradictions in witness statements; inadmissible use of accused’s police statement as proof of ownership; appellate intervention where prosecution declines to support conviction.
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1 October 1987 |
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Respondent’s claim for trial travel and lodging expenses upheld; appeal dismissed as awards were reasonable.
Civil claim for reimbursement of expenses incurred in criminal proceedings – entitlement to recover fares, board and lodging after related criminal proceedings quashed. Assessment of factual matters (dates, distances, travel and lodging costs) – trial and first appellate courts’ findings entitled to deference, especially where local knowledge is relevant. Appellate review – appellate court will not lightly disturb detailed factual findings about expenses when they are supported by the record.
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1 October 1987 |
| September 1987 |
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Reported
Criminal Practice and Procedure - Pleas - Plea of guilty not consistent with facts narrated by prosecution - Whether plea of not guilty ought to be entered.
Criminal Practice and Procedure - Compensation order- Primary Court's power to order compensation - Magistrates Courts Act, 1984 - Third Schedule - Primary Court Criminal Procedure Code. |
30 September 1987 |
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Reported
Plea of guilty was unequivocal, but Primary Court exceeded jurisdiction ordering compensation beyond the Shs 1,000/= statutory limit.
Criminal law – plea of guilty – equivocal plea – admission of narrated facts and undertaking to compensate constitute unequivocal plea. Criminal procedure – jurisdiction of Primary Court – compensation limited by paragraph 5(1)(b) of the Primary Court Criminal Procedure Code to Shs 1,000/=. Sentencing – fine of Shs 10,000/= (or six months) within Primary Court powers and not excessive.
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30 September 1987 |
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A guilty plea supported by admitted facts was held unequivocal, but a Primary Court’s compensation award exceeding Shs.1,000 was quashed and reduced.
Criminal law — Plea of guilty — Whether plea is equivocal — Evidence of narrated facts and admissions in court; Primary Courts — Jurisdiction to award compensation — Limitation under Primary Court Criminal Procedure Code (Third Schedule to Magistrates' Courts Act, 1984) — Excessive compensation quashed and substituted.
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30 September 1987 |