|
Citation
|
Judgment date
|
| August 1990 |
|
|
Eyewitness evidence upheld conviction and sentence for grievous harm causing permanent eye loss; appeal dismissed.
Criminal law – grievous harm – stabbing causing permanent ocular injury – eyewitness corroboration – sufficiency of evidence – sentence and compensation review on appeal.
|
17 August 1990 |
|
Voluntary guidance to hidden tusks constituted a confession; conviction and 20‑year sentence for unlawful possession upheld.
Criminal law – unlawful possession of government trophies – discovery confession where accused voluntarily led search party to hidden caches – evidence of possession. Criminal procedure – rights on arrest (s.52 Criminal Procedure Act) – failure to raise non-compliance at trial cannot be advanced first on appeal. Sentencing – seriousness of wildlife offences (elephant tusks) can justify long custodial terms.
|
16 August 1990 |
|
Convictions based mainly on discredited visual identification and uncorroborated evidence were unsafe and therefore quashed.
Criminal law – Visual identification – Evidence of visual identification is of the weakest kind and requires elimination of all possibilities of mistaken identity before conviction. Criminal procedure – Sufficiency of evidence – Prosecution must call/corroborate key witnesses and produce material (e.g., payrolls) to prove theft beyond reasonable doubt. Appeal – Appellate court may quash convictions where identification and supporting evidence are unreliable.
|
15 August 1990 |
|
House occupied by the applicant's family exempt from execution despite wife's title; court grants repayment plan.
Civil procedure – Execution – Section 48(1)(e) CPC – Exemption of residential house occupied by judgment debtor, wife and dependants from attachment and sale – Applicability where title is in spouse’s name – Waiver by mortgagor held unsound – Court grants repayment instalments and sets aside attachment.
|
15 August 1990 |
|
Tribunal must record members’ opinions; unstamped but chargeable tenancy documents may be admitted after paying stamp duty and penalty.
Rent Restriction Act – s.11(4): tribunal chairman must seek and record other members’ opinions when deciding preliminary objections. Rent Restriction Act – s.21: applies where statutory standard rent has been determined; not confined to monthly tenancies. Stamp Duty Act – s.5(1) and schedule: tenancy instrument chargeable with duty; s.46(1) proviso requires opportunity to pay duty and penalty to make unstamped document admissible. Evidence law – unstamped but chargeable documents should not be summarily rejected; court should permit stamping on payment of duty and penalty.
|
14 August 1990 |
|
A voluntary cautioned confession corroborated by medical and eyewitness evidence supported a murder conviction; provocation failed.
Criminal law – murder – elements of proof – eyewitness and medical evidence corroborating a cautioned statement. Evidence – voluntariness and admissibility of retracted cautioned confession; corroboration requirement. Defence – provocation considered and rejected where words did not reasonably deprive ordinary person of self-control.
|
10 August 1990 |
|
Interlocutory injunction denied: no prima facie entitlement and balance of convenience did not favour the applicant.
Interlocutory relief – temporary injunction – Order 37 r.2 and s.95 – requirements: prima facie entitlement and balance of convenience – insufficiency of supporting affidavit – interaction with Government Notice 375 of 1989 (coastal setback).
|
9 August 1990 |
|
|
9 August 1990 |
|
Confession to local militia inadmissible and evidence insufficient to sustain the applicant's theft conviction.
Criminal law – theft – evidential sufficiency; admissibility of confession made to Sungusungu/local militia; contractual remittance obligations of a bus conductor; hearsay and failure to call alleged victims/witnesses; appellate intervention where conviction rests on inadmissible or uncorroborated evidence.
|
9 August 1990 |
|
Proceedings and judgment obtained by chamber application instead of a plaint were quashed; case remitted for retrial with proper pleadings.
Civil procedure – requirement to institute substantive suit by plaint (s.22 Civil Procedure Code; Order IV) – improper use of miscellaneous/chamber application and affidavit to decide substantive claim – proceedings quashed and judgment set aside under s.76(1)(b) – matter remitted for retrial with directions to file plaint and written statement of defence.
|
8 August 1990 |
|
Dismissal for want of prosecution without proof of service is irregular; appeal must be readmitted and heard on merits.
• Civil procedure – appeal – dismissal for want of prosecution – requirement of proof of service of hearing notice • Service of process – clerk’s unelaborated assertion insufficient as proof of service • Procedural fairness – adjournment and proper service required before dismissing appeal
|
7 August 1990 |
|
Applicant’s substantiated litigation-related disbursement bills (US$189,848) are payable by the respondent, plus application costs.
Costs — enforcement of properly substantiated disbursement bills related to litigation — proof and itemisation of charges (port dues, pilotage, mooring, dockage, etc.) — respondent’s failure to substantively oppose — costs of application awarded to applicant.
|
7 August 1990 |
|
Applicant entitled to recover US$89,848 for proved shipping/port bills; application granted and costs awarded to applicant.
Civil procedure — Proof and allowance of shipping/port service bills — Admissibility and sufficiency of witness evidence on bill composition — Consequences of respondent’s failure to file substantive reply — Award of costs.
|
7 August 1990 |
|
Night-time visual identifications with conflicting witness accounts failed to prove identity beyond reasonable doubt; accused acquitted.
Criminal law – Murder – visual identification evidence – night-time identifications by briefly-awakened occupants – reliability and caution required. Evidence – inconsistencies among prosecution witnesses and contradictions in arresting officer's account undermine identification. Burden of proof – prosecution must establish identity beyond reasonable doubt.
|
4 August 1990 |
|
The appellant's absence from duty alone is insufficient to sustain a conviction for factory breaking and theft.
Criminal law – Factory breaking and theft – Circumstantial evidence – Watchman absent from duty – Absence creates suspicion but is insufficient to prove guilt beyond reasonable doubt.
|
4 August 1990 |
|
Court upheld convictions and eight‑year sentences for attempted robbery with violence, finding identification and corroboration reliable.
Criminal law – Attempted robbery with violence – Identification evidence – reliability where victims knew accused earlier and there was lamp light at scene. Criminal law – Complicity – whether witness who accompanied accused was accomplice. Sentencing – whether custodial term excessive given serious injury caused.
|
2 August 1990 |
|
Prescriptive title cannot defeat a recognized trust for a minor; occupiers failed to prove right or compensation.
Property law – Prescription – long possession as basis for title – minority and existence of trust interrupt or defeat prescription. Trusts – land held in trust for minor – trustee lacks beneficial interest to allocate to others. Compensation – unexhausted improvements/permanent crops – claimant must prove entitlement and value; contradictory evidence defeats award.
|
2 August 1990 |
|
Accused pleaded guilty to assault causing death; post‑mortem confirmed fatal injury and court convicted and sentenced him to ten years imprisonment.
Criminal law – Plea of guilty – Acceptance of plea and reliance on prosecution facts; Homicide – post‑mortem evidence (fractured neck) as proof of cause of death; Sentencing – balancing mitigating factors (first offender, age, dependants, intoxication) against seriousness of assault causing death.
|
2 August 1990 |
|
Appellate court set aside an unjustified retrial order and, on reassessing evidence, convicted the respondent for corrupt transaction.
Criminal law – appellate review – ordering of retrial – retrial unjustified where original trial not illegal or defective. Criminal law – corruption/offence of receiving bribe – police trap money – purpose of payment (bribe v. legitimate payment). Evidence – assessment of witness credibility on appeal – appellate court entitled to reassess where misdirections/non‑directions by trial court.
|
1 August 1990 |
| 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 |