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Citation
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Judgment date
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| September 1995 |
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Where an appeal is nullified due to court error, the court may order each party to bear their own costs.
Civil procedure — Review of costs order — Appeal nullified for non‑compliance with procedural rule — Where nullification results from court error, parties ordered to bear their own costs — Power to review and substitute costs orders.
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29 September 1995 |
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Appellate court upheld lower courts' finding that allocation of ex-pori belonged to respondent, dismissing appellant's forgery claim.
Land allocation – ex-"pori" (state/bushy land) – validity of village allocation certificates (Hati) – documentary evidence and originals – allegation of forgery – credibility of witnesses – appellate interference with concurrent factual findings.
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29 September 1995 |
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Claim for 20% interest and travel costs on a decree lacked legal basis; appeal against refusal dismissed.
Civil procedure – interest on money decree – section 21(3) Civil Procedure Code – permissible rates and court’s discretion; recovery of execution/travel costs; procedural requirements and limitation for claims on decree.
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28 September 1995 |
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Identification by credible witnesses in broad daylight defeated an unsupported alibi; appeal dismissed and sentences upheld.
Criminal law – Robbery with violence – Identification evidence – reliability of eyewitness identification in broad daylight – unsupported alibi carries little weight – sentencing: custodial statutory minima and corporal punishment lawful.
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28 September 1995 |
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New claims not pleaded in the lower court cannot be granted on appeal; a fresh suit is required.
Civil procedure – Appeal cannot introduce new heads of relief not claimed in lower court; remedy is a fresh suit; proof of travelling costs—absence of tickets not necessarily fatal in rural context; interest awards by court subject to statutory/prescribed range (guidance 6–12%).
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28 September 1995 |
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Applicant challenged revocation of a right of occupancy but withdrew the leave application amid limitation and missing land records.
Administrative law – Prerogative orders – Leave to apply for prerogative orders challenging revocation of right of occupancy. Limitation – Time-bar – six-month limitation for challenging revocation; issue of extension of time. Land/Registrar records – failure to trace title records and its procedural impact on judicial review. Procedural disposition – withdrawal/marking dropped; no substantive determination on merits.
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28 September 1995 |
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Appellate court upheld theft convictions based on recovered property, eyewitness evidence and admissions despite claims of unlawful arrest.
Criminal law – Theft under s.265 Penal Code – recovery of stolen property, eyewitness identification and admissions – appellate review of trial court credibility findings – allegation of unlawful arrest insufficient to overturn conviction.
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27 September 1995 |
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Appellants’ theft convictions upheld: eyewitness identification and recovered property sufficiently proved the offence; appeal dismissed.
Criminal law – Theft – Sufficiency of evidence – Eyewitness identification and recovery of stolen property – Appellate review of trial court’s credibility findings.
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27 September 1995 |
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Sentencing error for unlawful possession of gemstones: failure to consider mitigation; sentence reduced to two years and appellant released.
Criminal law – Sentencing – Unlawful possession of gemstones – Failure to consider mitigating factors (guilty plea, good character, low value of property, time served) – Excessive sentence – Reduction to appropriate term.
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27 September 1995 |
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Court upheld conviction based on reliable identification evidence; the applicant’s appeal was dismissed.
Criminal law – Identification evidence – identification parade – reliability assessed by time of observation, proximity and witness conduct – armed robbery conviction and sentence appeal dismissed.
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26 September 1995 |
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A trial court may proceed when a party’s chosen advocate repeatedly defaults; such default does not automatically vitiate proceedings.
Criminal procedure – Proceedings in absence of counsel – Advocates’ default – Trial court entitled to proceed where chosen advocate repeatedly absent without leave; party present and given opportunity to participate cannot later complain of denial of right to be heard.
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25 September 1995 |
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Appellate court may overturn trial credibility findings where trial court ignored material corroboration and relied on extraneous non‑witness statements.
Land dispute – evidence of sale of structure on disputed plot – credibility of witnesses – trial court's site visit and reliance on statements of non-witnesses – scope of appellate review where findings turn on demeanour.
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25 September 1995 |
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Appellate court erred by introducing new issues; trial court's credibility finding restored and land awarded to the appellant.
Land dispute — evidence and credibility — trial court better placed to assess witnesses; appellate court erred in introducing new issues not canvassed at trial — first appellate judgment set aside and trial court judgment restored — costs awarded.
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25 September 1995 |
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Appellate courts must not decide on unproven new facts; under applicable customary law the land vested in the appellant.
Civil procedure – appellate review – inadmissible fresh allegations raised on appeal – appellate court must not decide on unproven facts not in evidence. Customary/inheritance law – patrilineal succession – vesting of deceased sibling’s land in surviving sibling under the applicable Schedule. Evidence – requirement that factual claims be properly adduced and tested (cross-examination) before being accepted on appeal.
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22 September 1995 |
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21 September 1995 |
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The prosecution's appeal that the sentence and lack of compensation were inadequate was dismissed.
Criminal law – malicious damage to property – sentencing – adequacy of sentence; magistrate’s discretion; compensation – civil remedy where no application made at trial; mitigation (first offender, ill-health, provocation).
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20 September 1995 |
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Appeal allowed: conviction quashed for unsafe night identification and sentence set aside, appellant ordered released.
Criminal law – Identification evidence – Night-time identification under poor visibility – Unsafe identification; Criminal procedure – Silence/failure to answer alarm not a substitute for positive identification; Criminal law – Armed robbery – requirement of proof of weapons to justify mandatory sentence; Appeal – Trial magistrate importing extraneous matters – appellate interference warranted.
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16 September 1995 |
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Court dismissed preliminary objections: application within 60 days and procedural defects in chamber summons not fatal.
Civil procedure — setting aside dismissal of appeal — limitation period (60 days under Limitation Act general item where none specified); procedural defects in chamber summons — erroneous title/incorrect CPC references not fatal and curable under s.95 CPC and inherent powers; sufficiency of cause — non-appearance due to death of child raised as substantive ground.
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15 September 1995 |
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Applicant proved ownership of the disputed land by boundary plantings and inconsistent rival testimony; appeal allowed.
Land law – boundary evidence – planting of mpira boundary plants and sketch plan used to determine extent of parcel – credibility of witness testimony and inconsistent sale dates – appeal allowed and lower court judgment set aside.
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14 September 1995 |
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One appellant acquitted on reasonable doubt; two convictions upheld by confession and corroborative evidence.
Criminal law – theft – identification of stolen property – specificity of marks required; contradictions in arrest evidence – benefit of doubt to accused; use of caution statement/confession by one accused as corroboration against co-accused; appellate review of conviction and statutory minimum sentence.
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13 September 1995 |
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Absence of DPP consent deprived subordinate court of jurisdiction; convictions quashed for lack of proof and jurisdiction.
Economic Crimes — Jurisdiction — Offence designated an economic crime under Economic and Organized Crime Control Act — Trial in subordinate court requires DPP consent — absence of consent renders trial void; Criminal evidence — joint possession — inference of joint possession must be proved; Firearm definition — prosecution must prove an item is capable of discharging bullets/pellets; Housebreaking instruments — ordinary tools not necessarily instruments unless shown in circumstances of use; Retrial — discretionary, may be refused if sterile or contrary to interests of justice; Revision — court may quash convictions and set aside sentences of co-accused where appropriate.
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13 September 1995 |
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Absence of required DPP consent rendered trial of the economic crime void; seized items were not proven firearms, convictions quashed and accused released.
Criminal law – Economic and Organized Crime Control Act – jurisdiction to try economic crimes requires consent of Director of Public Prosecutions – absence of consent renders trial irregular; Arms and Ammunition Ordinance – definition of 'firearm' requires capability to discharge bullets or pellets – alleged homemade weapon not proved to be firearm; joint possession – must be established by evidence; revisional jurisdiction – quashing convictions where fundamental irregularity and evidential insufficiency exist.
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13 September 1995 |
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Appellate court upheld trial court’s factual findings on long possession and locus standi, but reduced inadequately proven special damages to Tshs. 500,000.
Land law – long possession and gift as basis for title; locus standi to sue for vacant possession; appellate deference to trial court on credibility and findings of fact; strict proof required for special damages.
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12 September 1995 |
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Caravan was not a "building" for burglary and an envelope alone did not sufficiently prove the appellant's guilt, so conviction quashed.
Criminal law – Burglary – definition of "building" for section 294(1) – whether caravan used as dwelling; Evidence – sufficiency – incriminating object (envelope) may be planted or inadvertently present; Conviction quashed where evidence is scanty.
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12 September 1995 |
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Court orders share in matrimonial assets, remits custody decisions to allow children’s choice, and upholds maintenance allocation.
Family law – division of matrimonial property – s.114 Law of Marriage Act 1971 – undisputed contributions treated as equal; property acquired before marriage but substantially improved during marriage may give spouse an interest; custody – welfare and wishes of children paramount, presumption mother for child under seven; maintenance – court may shift duty where parties’ means justify it.
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8 September 1995 |
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Appeal allowed in part: court ordered property shares under s.114, equal division of motor vehicle proceeds, and corrected custody procedures.
Law of Marriage Act 1971 s.114 – division of matrimonial assets – contributions (monetary and non‑monetary) and assets acquired before marriage but developed during marriage; matrimonial home – possession for welfare of infant children versus proprietary interests; custody of infants – children’s wishes and best interests; maintenance of children and spouse (s.129).
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8 September 1995 |
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A warrant issued to recall a person under a conditional discharge was quashed for failure to follow statutory procedure and natural-justice safeguards.
Criminal law – Conditional discharge under section 30(1) – Rescission for offending during supervision period – procedural prerequisites and natural-justice safeguards required. Criminal procedure – Warrant or summons to recall person on conditional discharge – must be founded on written information and directed to court which made the discharge. Natural justice – accused entitled to be heard before rescission or deprivation of liberty based on alleged breach during conditional-discharge period. Review – warrant and detention quashed where statutory procedure and fair-hearing requirements not observed.
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8 September 1995 |
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Delay in appealing probate orders is irregular, but ownership and quantum disputes must be decided by a civil suit; appeal dismissed.
Probate/Administration – dispute over ownership and quantum – where substantive dispute exists, ownership/quantum to be determined by civil suit in competent court. Civil procedure – delay to appeal and misuse of chamber application – failure to appeal within statutory time is irregular and may constitute abuse of process. Possession pending determination – court may permit possession pending proper suit and prescribe procedural directions (time to sue, different magistrate).
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8 September 1995 |
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Applicant's relief for arrears to an unpleaded date refused; court declares employment ended February 1992 and awards interest as pleaded.
Employment law – termination date – claim for salary arrears limited to pleaded period; court declines relief beyond pleaded date. Employment law – managerial category – "manager designate" not proven as managerial status; managerial exclusion under Security of Employment law not established. Civil procedure/awards – interest on decretal sums – where judgment is unclear, court directs interest at pleaded rates and periods; parties may settle calculation.
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7 September 1995 |
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Rape conviction upheld for lack of consent; fifteen-year sentence reduced to four years for exceeding magistrate's sentencing power.
Criminal law – Rape – Lack of consent essential element; customary engagement/consent disputed; credibility of complainant and witnesses; Sentencing – limits of district court under s170 Criminal Procedure Act 1985; Minimum Sentences Act inapplicable.
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5 September 1995 |
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Proceeding to convict and sentence an accused in absentia is improper where absence results from lawful detention and attendance cannot be procured without undue delay.
Criminal procedure — Trial in absence — Section 227 Criminal Procedure Act — Requirements to proceed in absence; absence must be properly attributable to accused and attendance must be procurable without undue delay or expense — Conviction in absence unsafe where accused detained on other matter.
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5 September 1995 |
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Appellants' robbery convictions quashed due to unreliable identification evidence and questionable recovery of stolen property.
Criminal law – Identification evidence – Dangers of mistaken identification – Trial court must assess quality of observation and surrounding circumstances; Recovery of stolen property – Possibility of planting or alternative suspects undermines proof of guilt; Convictions unsafe where identification and possession evidence are unreliable.
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4 September 1995 |
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Whether a domestic servant was a monthly employee entitled to terminal benefits and if a later admission of payment defeats the claim.
Employment law – domestic servant – determination of terms (monthly employee v casual labourer) – relevance of petty cash vouchers and payment in lieu of notice. Labour claims – terminal benefits – entitlement and calculation; prior payments reducing award. Evidence – written admission to court officer extinguishing claimed entitlement post-judgment. Civil procedure – refund of sum deposited in court where claim satisfied or extinguished.
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1 September 1995 |
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Applicant appealed terminal benefits; court upheld entitlement but dismissed claim after respondent admitted full payment.
Employment law – domestic servant – distinction between monthly employment and casual labour – evidentiary value of petty cash records and signed vouchers. Labour claims – terminal benefits – calculation and set-off of amounts previously paid. Procedure/evidence – post-judgment admission of payment before administrative authority extinguishing subsequent recovery in court. Relief – refund of deposit and dismissal where claim has been satisfied.
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1 September 1995 |