|
Citation
|
Judgment date
|
| July 1990 |
|
|
Dispute over whether a customary transfer conferred two acres and whether attachment/appeal proceedings were lawful where a Customary Land Tribunal had decided ownership.
Land law – customary grant – question whether a transfer by giving traditional liquor constitutes a grant of two acres; evidentiary sufficiency of such customary acts. Civil procedure – jurisdiction – legality of Primary Court attachment and of District Court review where a Customary Land Tribunal has decided ownership; effect of ultra vires proceedings and res judicata. Remedies – quashing unlawful orders; restoration of possession and eviction orders.
|
31 July 1990 |
|
Appeal allowed: three militiamen convicted for threats and assault; fourth respondent’s acquittal upheld; fines and compensation ordered.
Criminal law — Appeal against acquittal — Sufficiency of evidence and identification — Threatening violence (s89(1)(b) Penal Code) — Assault causing actual bodily harm (s241 Penal Code) — Abetting/aiding — Sentencing: fines and compensation under s350(b) Criminal Procedure Act.
|
31 July 1990 |
|
Objection to execution dismissed where credible evidence showed seized livestock belonged to the judgment-debtor; appeal dismissed.
Execution/Attachment — Ownership dispute over seized livestock — Objection to execution — Credibility of appellant’s claim of familial relationship — Village witnesses and decree-holder’s testimony established ownership — Appeal dismissed.
|
31 July 1990 |
|
Appellant’s claim to land fails where village re-allocation with father’s consent vested the parcel in the respondent.
Land law – village land re-allocation – validity of allocation effected by village authority – effect of owner’s consent and membership of allocation committee – adverse occupation and absence of claimant – dismissal of appeal for lack of merit.
|
31 July 1990 |
|
Appeal allowed: conviction based on insufficient circumstantial evidence and unlawful compensation order quashed.
Criminal law – circumstantial evidence must exclude every reasonable hypothesis of innocence; burden of proof always on prosecution – voluntary admissions must be voluntary; compensation in criminal sentencing must comply with statutory limits and be lawful.
|
30 July 1990 |
|
Appeal dismissed: eyewitness identification and corroboration upheld; alibi rejected and five-year sentence sustained.
Criminal law – cattle theft – identification evidence; alibi – credibility and corroboration; eyewitness corroboration; appeal against conviction and sentence.
|
30 July 1990 |
|
Court restores trial finding of ownership but reduces compensation to proven value of one tree and twelve bamboos (Shs.660).
Property/title – boundary and customary inheritance disputes over small forested plateau; credibility of village witnesses and effect of site inspection; proof of damages for wrongful cutting of trees and bamboo; requirement that courts give adequate reasons for monetary awards.
|
30 July 1990 |
|
Non‑compliance with statutory service requirements against a local authority renders the suit unmaintainable; misjoinder is curable.
Local government — service of process — section 97 Local Government (Local Authorities) Act No. 8 of 1982 — failure to serve required officers renders action unmaintainable; misjoinder is curable.
|
29 July 1990 |
|
Allegations of bias led the court to quash lower proceedings and order a retrial in a different Primary Court, costs to be borne by each party.
Magistrates' Courts Act s.29(b) – Powers to quash proceedings and set aside decisions – Retrial ordered in a different Primary Court – Alleged bias/unfair treatment in lower courts – Civil dispute over ownership and rent.
|
28 July 1990 |
|
|
27 July 1990 |
|
Prosecution failed to prove threatening violence under s.89(2)(a); appeal dismissed for inconsistent and insufficient evidence.
Criminal law – Penal Code s.89(2)(a) – Threatening violence – Requirement of serious/immediate demonstration of intent – Evidence and credibility – Sufficiency of prosecution evidence – Acquittal upheld on appeal.
|
27 July 1990 |
|
Appellant failed to prove ownership; land belongs to respondent and appeal dismissed with costs.
Land dispute — ownership and possession; conflicting oral admissions by appellant; primary and district court findings upheld; occupier cannot remain without owner’s consent; appeal dismissed with costs.
|
27 July 1990 |
|
|
27 July 1990 |
|
Attempted murder is bailable; a 65‑year‑old accused was granted bail with conditions.
Criminal law – Bail – Attempted murder – Whether s.148(5)(e) CPA renders attempted murder non-bailable – Judicial discretion and personal circumstances (age) in granting bail.
|
26 July 1990 |
|
Unopposed evidence established defendants’ liability for assault and unlawful seizure of cattle; court awarded damages and ordered return or value of cattle.
Criminally‑tainted civil claims — assault and bodily harm corroborated by PF3 — unlawful seizure and sale of livestock — unopposed evidence and judgment in default — awards: compensatory damages and return (or value) of property.
|
25 July 1990 |
|
Appellants’ challenge to PF3 and witness credibility fails; assault convictions, sentences and compensation upheld.
Criminal law – Assault causing bodily harm; evidence – medical report (PF3) authenticity and proof; procedure – section 240 Criminal Procedure Act; credibility findings by trial magistrate; circumstantial and eyewitness evidence; appellate review of subordinate court findings on credibility.
|
24 July 1990 |
|
Application for leave to appeal out of time refused for lack of reasonable or sufficient cause.
Limitation Act s.14 – leave to appeal out of time – whether counsel’s negligence or misplaced brief constitutes reasonable or sufficient cause; Appeal prospects – challenges to trial magistrate’s credibility findings do not alone justify extension; Legal aid – costs discretion where brief supplied under legal aid scheme.
|
24 July 1990 |
|
Reported
Deportation order quashed where applicant proved Tanzanian citizenship and Minister acted ultra vires.
Immigration law – Deportation – Section 24 Immigration Act 1972 – Citizenship excludes person from deportation; Judicial review – Ultra vires ministerial act – Certiorari to quash unlawful deportation; Burden of proof of citizenship under s.25.
|
23 July 1990 |
|
Low purchase price and identification of goods supported conviction for receiving stolen property; appeal dismissed, sentence confirmed.
Criminal law – Receiving stolen property – Knowledge and dishonest belief inferred from suspiciously low purchase price. Evidence – Identification of recovered property and credibility of accused’s explanation. Appellate review – Deference to trial court’s findings on credibility and factual inferences.
|
18 July 1990 |
|
Appeal against robbery conviction dismissed where visual identification was positive and alibi unproven.
Criminal law – robbery with violence – visual identification and prior acquaintance – reliability of identification evidence – uncorroborated alibi – failure to call corroborative witness – statutory minimum sentence.
|
18 July 1990 |
|
Appeal against malicious-damage conviction dismissed; criminal-court compensation order set aside for lack of supporting material.
Criminal law – malicious damage to property – conviction where accused found actively pulling down structure. Evidence – credibility of accused’s denial vs contemporaneous acts. Remedies – limits of criminal courts to award compensation where insufficient material; civil remedy appropriate. Sentencing – fine and alternative imprisonment upheld.
|
18 July 1990 |
|
Appeal dismissed on conviction and sentence; criminal compensation award set aside for lack of supporting material.
Criminal law – Malicious damage to property – Sufficiency of evidence to prove ownership and deliberate destruction – Appeal on conviction and sentence; Criminal courts’ competence to award compensation – necessity of adequate material and civil remedies.
|
18 July 1990 |
|
Circumstantial and uncertain identification evidence failed to prove the accused guilty of murder beyond reasonable doubt.
Criminal law – Murder – Circumstantial evidence – Prosecution must prove facts incompatible with innocence and incapable of any explanation other than accused's guilt. Evidence – Identification – Reliability affected by tall grass, different routes and potential mistaken or fabricated testimony. Criminal procedure – Arrest on suspicion is insufficient basis for conviction.
|
17 July 1990 |
|
Sentencing courts must ascertain an accused’s ability to pay and call for special reasons before imposing heavy fines; failure justified reduction.
Criminal law — Sentencing — Road Traffic Act s.63(2) — Duty to ascertain accused’s ability to pay before imposing fines — Invitation to state "special reasons" — Excessive fines ground for appellate reduction.
|
17 July 1990 |
|
A notice electing to appeal "sentence only" does not institute an appeal against conviction, so the Court cannot adjourn a non-existent appeal.
Appellate procedure – Appellate Jurisdiction Act 1979 and Court of Appeal Rules govern appeals; notice of appeal must follow Form B and be lodged within time. Notice of appeal – selection of "sentence only" in Form B constitutes a deliberate election and, where no statutory appeal against sentence only exists, does not institute an appeal against conviction. Jurisdiction and adjournment – Court cannot adjourn proceedings in respect of an appeal which in law has not been instituted. Remedy – striking out misconceived/incompetent appeal with liberty to apply under section 11(1) for extension of time to file proper notice of appeal.
|
16 July 1990 |
|
A trial court’s site inspection in a party’s absence is an incurable irregularity and requires a retrial.
Civil procedure – inspection/site visit by trial court – viewing disputed land in absence of a party – incurable irregularity – appellate duty to order retrial – trial de novo before different magistrate and assessors.
|
14 July 1990 |
|
Appellate court allowed appeal because a reversal of trial credibility findings was made without adequate reasons.
Evidence — Witness credibility — Deference to trial judge who heard witnesses — Appellate reversal requires reasons where findings depend on credibility; failure to give reasons is error.
|
13 July 1990 |
|
Appellate court affirmed sale and rent award, finding appellant sold the house but failed to give vacant possession.
Property law – sale of land/building – validity of written agreement and corroborating evidence for sale on unsurveyed plots. Evidence – credibility of witnesses, documentary proof (agreement and cheque), and rejection of uncorroborated alibi. Civil procedure – delay and limitation – action within limitation and delay explained by incarceration. Relief – entitlement to rent arrears until vacant possession is delivered.
|
13 July 1990 |
|
Reported
A village allocation cannot divest the appellant's succession land rights absent express statutory authority; irregular summing up was curable.
Land law – village government allocation – limits on authority to reallocate land already belonging to an individual – ultra vires allocation. Succession – right of successor to deceased's land – competence not nullified by absence of letters of administration where not contested below. Civil procedure – irregular summing up contrary to GN No.2 of 1988 – curable if no failure of justice.
|
12 July 1990 |
|
Omission to take accused’s pleas after substituting a charge is fatal; circumstantial suspicion insufficient for conviction.
Criminal procedure — substitution of charge — mandatory requirement to state substance of charge and record plea — sections 228, 229 Criminal Procedure Act — failure renders conviction void. Curability — omission to take plea not cured by participation in trial; omission fatal and incurable. Evidence — circumstantial evidence and constructive possession — suspicion insufficient; guilt must be proved beyond reasonable doubt. Relief — quashing convictions and setting aside sentences; confirmation where guilty plea properly taken.
|
11 July 1990 |
|
Appeal dismissed where village allocation evidence showed two distinct parcels and no trespass by the respondent.
Land dispute – village land allocation – identification of distinct parcels by village allocation committee members – allocation in 1981 versus 1985 – possession and trespass – appellate review of concurrent findings of fact.
|
10 July 1990 |
|
Weather and procedural defects produced reasonable doubt for some appellants; one conviction upheld on strong circumstantial evidence, sentence increased to mandatory minimum.
Criminal law – circumstantial evidence – reasonable doubt arising from adverse weather and darkness affecting watchmen’s liability; Duplication of charges – duplex charge causing miscarriage of justice; Circumstantial proof of theft – drag marks, footprints and stolen items found in accused’s premises; Sentencing – mandatory minimum under s.5(d) Minimum Sentences Act alters illegal lesser sentence.
|
10 July 1990 |
|
Court upheld an ex parte interim order preserving status quo and dismissed respondents’ review challenging that order.
Administrative law – certiorari and mandamus applications – interim relief to preserve status quo pending judicial review. Civil procedure – ex parte interim orders – legality of granting status quo orders in ex parte applications. Cooperative societies – internal governance disputes – effect of prior court restoration of committee leadership on interim relief.
|
10 July 1990 |
|
Bribery conviction overturned for inconsistent evidence; other convictions upheld and sentences varied with restoration of money.
Criminal law – Corrupt transaction (bribery) – inconsistencies in prosecution witnesses may defeat proof beyond reasonable doubt; Possession/offence relating to sale of gold – conviction upheld; Assault and obstruction of police – conviction upheld; Sentencing – variation: fines cumulative, imprisonment concurrent; Restitution of money found on accused.
|
8 July 1990 |
|
Convictions for armed robbery upheld on confession and recent possession; appellate court re-imposed 30-year sentences.
Criminal law – Robbery with violence – Evidence – recent possession as corroboration of theft – admissibility and voluntariness of confession – jurisdiction of subordinate courts to impose minimum/long sentences – appellate re-sentencing.
|
6 July 1990 |
|
Appellant was denied a fair trial on disputed land-ownership issues; conviction quashed and fines refunded.
Criminal procedure — fair trial — denial of opportunity to tender decisive civil judgment and call witness; civil ownership dispute should be determined in civil court; appellate fact-finding by scene visit and reliance on unsworn interviews improper.
|
4 July 1990 |
|
Conviction for infanticide cannot rest on suspicion absent proof that the accused gave birth and caused the infant's death.
Criminal law – Infanticide – Proof of motherhood and causation; evidential sufficiency; role of medical/blood tests; suspicion insufficient for conviction; burden of proof beyond reasonable doubt.
|
4 July 1990 |
|
Presence as watchmen and circumstantial evidence supported conviction; appeals and sentence dismissed.
Criminal law – Circumstantial evidence – conviction upheld where watchmen on duty, no door breakage and roof entry by ladder supported inference of guilt; non-production of inventory insufficient to vitiate prosecution; sentence under Minimum Sentences Act appropriate; appellate courts may summarily dismiss plainly unmeritorious appeals.
|
2 July 1990 |