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Citation
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Judgment date
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| September 1991 |
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Restoration/compensation was unlawful where ownership and identity of the restored timber were not established (sizes differed).
Criminal law – destruction of evidence (s.109) – restoration of property – requirement to prove ownership and identity of items before ordering restoration or compensation; appellate restoration quashed where exhibit showed different measurements.
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30 September 1991 |
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High Court affirms District Court’s upholding of fine and its award of Tshs.33,750/= compensation, dismissing the appeal.
Criminal law – Malicious damage to property – Appeal against sentence and award of compensation – Appellate court will not interfere where lower courts’ assessments of sentence and compensation are justified and supported by reasoning.
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30 September 1991 |
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Appellants’ convictions quashed due to inadequate/prohibited evidence and a prior dismissal that rendered subsequent proceedings void.
Criminal procedure – dismissal under s.225(5) Criminal Procedure Act – effect of dismissal (functus officio) – subsequent proceedings null and void; Evidence – hearsay inadmissibility; documentary evidence – originals versus photocopies; handwriting expert opinion – need for corroboration; remedy on appeal where convictions resulted from nullified proceedings.
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30 September 1991 |
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Where the deceased professed Islam, estate distribution follows Islamic succession rules; children born out of wedlock do not inherit.
Succession – applicability of Islamic law where deceased professed Islam – estate to be distributed under Islamic succession rules. Inheritance – status of children born out of wedlock/concubines under Islamic law – such children are not heirs. Civil procedure – appellate review – quashing of lower court judgment inconsistent with applicable religious law.
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27 September 1991 |
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Applicant's appeal dismissed; acquittal upheld where prosecution failed to prove theft beyond reasonable doubt.
Criminal law – theft of cattle – appeal against acquittal – burden of proof; credibility of prosecution witness (herdsboy); insufficiency of evidence to prove theft beyond reasonable doubt.
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27 September 1991 |
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An appellate court must not overturn trial credibility findings without a proper re‑analysis of the evidence; appeal allowed with costs.
Land/possession – ownership of trees planted on adjoining plots – evaluation of credibility and corroboration – appellate interference with trial findings – standard for disturbing concurrent findings of fact.
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27 September 1991 |
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Appellate court upheld convictions for theft and stealing by agent, finding prosecution evidence credible and appeal dismissed.
Criminal law – Theft – Stealing by agent (s.273) and stealing (s.265) – Sufficiency and credibility of prosecution evidence; Appeal – appellate review of trial court’s assessment of witness credibility; Sentence – concurrent terms and compensation order upheld.
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27 September 1991 |
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27 September 1991 |
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27 September 1991 |
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27 September 1991 |
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A mechanical breakdown of counsel’s vehicle en route to court, unsupported by credible particulars, did not justify restoration; appeal dismissed with costs.
Civil procedure — restoration to roll / setting aside judgment in absence — adequacy and credibility of excuse for non-appearance — mechanical breakdown of counsel’s vehicle not per se sufficient; court requires particularised, credible affidavit evidence — appellate review of discretionary refusal to restore.
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27 September 1991 |
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Applicant’s admissions and the evidence established criminal trespass and malicious damage; appeal dismissed.
Criminal law – unlawful remaining/criminal trespass – elements and proof; criminal law – malicious damage – s.326(1) Penal Code; appellate review – evaluation of admissions and credibility; no grounds to disturb convictions or sentences.
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27 September 1991 |
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Employer’s report of employee as a thief to police was negligent, defamatory and the employee was awarded storage charges, travel costs and damages.
Defamation – report to police alleging theft – wrongful/ negligent reporting used to frustrate civil remedies – actionable; Possessory/storage entitlement where owner requests former employee to retain company vehicle; Counterclaim for loss dismissed where owner negligently delays recovery; Remedies: damages, storage charges, costs and interest.
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26 September 1991 |
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Appellate court upheld conviction for theft by a public servant based on identified receipt books and the appellant's failure to explain them.
Criminal law – Theft by public servant – Evidence – Identification of issued receipt books and receipts by multiple payers – Failure of accused to explain disposition of receipt books – Conviction and sentence upheld.
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25 September 1991 |
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25 September 1991 |
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The appellant’s conviction, resting on an uncorroborated co-accused statement, was unsafe and was quashed.
Criminal law – conviction based on co-accused’s statement – necessity for corroboration. Evidence – inconsistent statements by accused – effect on credibility. Prosecution duty – calling material witnesses (possible corroborator) – failure renders conviction unsafe. Remedy – quashing conviction and setting aside sentence where evidence is uncorroborated.
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25 September 1991 |
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Conviction based chiefly on an uncorroborated co-accused statement was unsafe and therefore quashed.
Criminal law – conviction based on co-accused's statement – requirement of independent corroboration; failure to call potential corroborating witness; safety of conviction.
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25 September 1991 |
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Whether a village allocation to the respondent was valid where the appellant retained occupation and unexhausted improvements.
Land law – village land allocation – validity of allocation where land is occupied and has unexhausted improvements; evidence required for reallocating occupied land. Possession/occupation – effect of temporary absence and leaving land in trust – whether there was acquiescence or continued proprietary control. Civil procedure – use and weight of court-ordered site visits and sketch plans in boundary disputes. Applicability of precedent – distinguishing Nyagodoro Gihonge v Chagha where long abandonment and reversion to bush were found.
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25 September 1991 |
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Recognition evidence by a known complainant upheld, convictions and eight-year sentences for robbery confirmed.
Criminal law — Robbery — Identification evidence by a complainant who knew the accused — Sufficiency of opportunity and lighting for recognition — Appeal against conviction and sentence — Trial court's evaluation of evidence affirmed.
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25 September 1991 |
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Conviction for theft quashed where prosecution failed to prove accused removed vehicle parts and relied on uncalled witness.
Criminal law – Theft – Proof beyond reasonable doubt – Insufficiency of uncorroborated evidence and hearsay from an uncalled witness – Conviction unsafe and quashed.
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25 September 1991 |
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Specific performance granted where seller waived repudiation by accepting late payments and damages were inadequate.
Civil procedure – admissions in pleadings – effect of procedural mislabelling; Contract – waiver by acceptance of late payments; Equitable relief – specific performance appropriate where damages are inadequate for sale of unique urban property; Contract completion under Contract Ordinance; Mortgage discharge and conveyance obligations of seller.
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24 September 1991 |
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An appeal filed over a year after judgment in breach of s.361(a) Criminal Procedure Act was struck off as time‑barred.
Criminal procedure – Appeal time limits – Section 361(a) Criminal Procedure Act – Notice of appeal filed more than a year after judgment – Appeal struck off as hopelessly time‑barred.
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24 September 1991 |
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24 September 1991 |
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24 September 1991 |
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23 September 1991 |
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22 September 1991 |
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Appeal allowed: conviction under s.363 quashed and sentence set aside, although the appellant had already served the term.
Criminal law – neglect to prevent commission (s.363 Penal Code) – appeal – conviction unsupported by prosecution – conviction quashed; sentence set aside though already served.
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20 September 1991 |
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Reported
A resident magistrate not appointed as a District Delegate lacks jurisdiction to decide probate matters; proceedings are void.
Probate and Administration Ordinance s.5 — District Delegate — appointment required for resident magistrate jurisdiction; Magistrates' Courts Act s.41/Second Schedule does not override specific statutory limits; proceedings conducted without jurisdiction are null and void and liable to be quashed.
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20 September 1991 |
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20 September 1991 |
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Attempt to disarm police to escape amounted to resisting arrest, not attempted robbery; conviction substituted and sentence reduced.
Criminal law – attempted robbery – mens rea to steal – distinguishing resistance to arrest from intent to steal – assault with intent to resist lawful arrest (s.243(a)) – illegal/excessive sentence – substitution of conviction and sentence.
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19 September 1991 |
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19 September 1991 |
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Acquittal upheld where circumstantial evidence and hearsay were insufficient to prove theft beyond reasonable doubt.
Criminal law – Theft by servant – Circumstantial evidence – Conviction only where evidence excludes reasonable innocent hypothesis – Hearsay inadmissible where declarant not called – Insufficiency of isolated buyer testimony to sustain conviction.
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19 September 1991 |
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Ownership dispute over land does not justify uprooting another’s crops; civil remedies, not self-help, are required.
Criminal law – Malicious damage to property – Uprooting crops – Effect of civil dispute over land – Claim of right defence – Civil remedy (injunction) preferable to self-help.
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19 September 1991 |
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19 September 1991 |
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19 September 1991 |
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Ex parte judgment set aside where summons was informal and service by a non-officer failed to satisfy Order V r.16.
Civil procedure – Service of process – Validity of summons – Handwritten note signed by Registrar and not attached to plaint – Service by non-court official (ten-cell leader) improper – Order V r.16 Civil Procedure Code (1966) – Requirements when service is refused – Ex parte judgment set aside for lack of proper service.
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19 September 1991 |
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Reported
Improper service by a non-officer via a hand-written note vitiated the ex-parte judgment; appeal allowed.
Civil procedure – Service of summons – Requirement that service be effected by a proper officer under Order 5 r.16 CPC – Hand-written note and service via non-officer invalid. Civil procedure – Ex-parte judgment – Lack of proper service requires setting aside ex-parte judgment and hearing of the suit.
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19 September 1991 |
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19 September 1991 |
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19 September 1991 |
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Conviction for theft upheld on credible corroborated evidence; five‑year sentence reduced to three years for being excessive.
Criminal law – theft – sufficiency and corroboration of evidence; right to be heard and election to remain silent; trial procedure – change of venue application absent from record; sentencing – appellate reduction for excessive sentence.
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18 September 1991 |
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A forged internal utility receipt, shown to originate within the utility, defeated the prosecution’s prima facie theft case.
Criminal law – Stealing by public servant – Evidentiary sufficiency – Forged utility receipt issued from within utility undermines prosecution’s prima facie case – Appellate review of acquittal.
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18 September 1991 |
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Courts should impose imprisonment where statute prescribes it unless special circumstances justify a non-custodial sentence; appeal dismissed.
Criminal law – Sentencing – Where statute does not provide a fine as alternate to imprisonment, custodial sentence ordinarily required unless special circumstances justify otherwise – Factors to consider include nature and prevalence of offence, circumstances of commission, and offender’s antecedents – Appellate review of sentence for reasonableness.
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18 September 1991 |
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The applicant’s appeal is dismissed; conviction for receiving stolen property and the fine are upheld.
Criminal law – receiving stolen property – doctrine of recent possession; circumstantial inference where accused is a dealer in goods; appellate restraint on interfering with sentencing discretion; statutory sentencing options and appropriate sentencing principles.
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18 September 1991 |
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18 September 1991 |
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Two convictions quashed for insufficient evidence; three convictions upheld based on reliable daylight identification and facilitating conduct.
Criminal law – cattle theft – identification evidence in broad daylight – sufficiency of evidence – conviction cannot rest on suspicion – facilitation by ordering retreat – appellate review of credibility and safety of conviction.
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18 September 1991 |
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Applicant failed to prove sufficient cause for restoration of an appeal dismissed for non-appearance; application dismissed with costs.
Civil procedure — Restoration of appeal dismissed for non-appearance — Requirement to show reasonable and sufficient cause for delay — Evidence and credibility — Medical illness and alleged misinformation by court clerk not automatically sufficient — Order 9 rules; Limitation Act s.14(1).
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17 September 1991 |
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The High Court dismissed a late application for leave to appeal as time-barred and without reasonable prospects, refusing to extend time.
Civil procedure – limitation – time bar for applications to appeal to the Court of Appeal under the Court of Appeal Rules. Appellate jurisdiction – s.11(1) Appellate Jurisdiction Act – discretion to extend time and circumstances when extension will be refused. Leave/certificate to appeal – requirement of an arguable point of law fit for the Court of Appeal. Exemption of fees (pauper) – Rule 122 test of reasonable possibility of success.
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17 September 1991 |
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The appellant failed to overturn concurrent factual findings that she did not prove encroachment; appeal dismissed.
Land law – boundary dispute and alleged encroachment; findings of fact – trial magistrate’s reasons upheld by appellate court; inspection of locus – weight of site visits in resolving factual disputes; appellate review – deference to concurrent factual findings.
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17 September 1991 |
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Failure to summarise to assessors and equally balanced evidence vitiated lower judgments; rehearing ordered de novo.
Civil procedure – assessors – duty to summarise facts and record assessors' opinions before judgment; burden of proof – where evidence is equally balanced claimant fails; setting aside proceedings – procedural irregularity vitiates judgment; rehearing de novo.
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17 September 1991 |
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17 September 1991 |