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Citation
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Judgment date
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| June 2013 |
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Conviction quashed: sentence applied prospectively only and prosecution failed to prove identification, ownership, or corroboration.
Criminal law – armed robbery – illegality of applying post-offence statutory sentence – non-retrospectivity of penal amendments; Evidence – visual identification of strangers – need to exclude mistaken identity; Evidence – proof of ownership and elements of recent possession; Evidence – confessions/implicatory statements of co-accused require independent corroboration; Criminal procedure – when retrial is inappropriate where prosecution case is fundamentally defective.
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28 June 2013 |
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Applicant's extension‑of‑time application struck out for failing to cite Section 14(1) of the Limitation Act.
Civil procedure – Preliminary objection – Law of Limitation Act, Cap. 89 – Extension of time – Requirement to cite specific enabling provision (Section 14(1)) – Non‑citation renders application incompetent; Revision vs Appeal – procedural competence.
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28 June 2013 |
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Dismissal at a First Pre‑Trial Conference was improper; dismissal and review ruling quashed and matter remitted for fresh conference.
Civil procedure – Pre‑trial procedure – First Pre‑Trial Conference – Proper judicial practice at First Pre‑Trial Conference; failure to attend usually warrants adjournment not dismissal. Review – Improper dismissal of suit and review – Quashing of dismissal and remittal for fresh pre‑trial conference. Judicial administration – Last adjournment orders to be sparingly used.
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28 June 2013 |
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A guilty plea accepted without ensuring accused understood the trial language is invalid; conviction quashed and retrial ordered.
Criminal procedure – plea of guilty – language barrier and right to understand proceedings – duty to secure an interpreter – defective plea vitiates conviction – retrial ordered.
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27 June 2013 |
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Equivocal plea and failure to explain memorandum at preliminary hearing rendered conviction unsafe; appeal allowed and sentence set aside.
Criminal procedure – Guilty pleas – Requirements for an unequivocal plea; Preliminary hearing (s192 CPA) distinct from plea-taking (s228 CPA); Memorandum of undisputed facts must be read and explained to accused (s192(3)); Conviction based on equivocal plea and procedural irregularity unsafe.
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27 June 2013 |
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An arguable allegation of illegality can justify extension of time to lodge an appeal despite procedural delay.
Appellate procedure – extension of time under s.11(1) Appellate Jurisdiction Act – allegation of illegality in impugned decision – court's duty to ascertain alleged illegality – defective record of appeal – negligence not automatically fatal.
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27 June 2013 |
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Alleged illegality in a judgment can constitute sufficient cause to grant extension of time to appeal.
Extension of time – Appellate Jurisdiction Act s.11(1) – allegation of illegality as sufficient cause – illegality need not be proved at extension stage – duty to enable Court of Appeal to determine point.
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27 June 2013 |
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Second appellate court refuses to disturb concurrent factual findings on indebtedness and security surrendered, dismissing the appeal.
Civil appeal — second appeal — deference to concurrent findings of fact by lower courts; loan indebtedness — proof and enforcement; voluntariness of security surrendered under local authority involvement; evidentiary weight of documentary discrepancies.
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27 June 2013 |
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Court granted stay of commercial proceedings under s.283(a) pending winding-up petition, ordering applicant to pay costs.
Companies Act s.283(a) – stay of proceedings pending winding-up petition – discretion to stay "at any time after presentation" – timing of petition immaterial – protection of assets and pari passu treatment of creditors – stay granted; costs to applicant.
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27 June 2013 |
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An amended plaint cannot introduce a new suit or convert defendants into plaintiffs; a conditional final amendment was allowed.
Civil procedure – Amendment of plaint – Order VI Rule 17 – limits of amendment; cannot introduce a new cause or convert defendants into plaintiffs – appropriate remedy: conditional leave to amend.
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27 June 2013 |
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The appellants' convictions for unlawful possession of elephant tusks were quashed due to material contradictions in prosecution evidence.
Criminal law – Wildlife offences – Unlawful possession of government trophies (elephant tusks) under Wildlife Conservation Act. Evidence – Proof beyond reasonable doubt – Material contradictions in prosecution witnesses’ accounts can dismantle prosecution case. Credibility – Trial court’s duty to identify and resolve inconsistencies in eyewitness testimony; unresolved material contradictions to be resolved in favour of accused. Appeal – Conviction and sentence unsafe where prosecution case undermined by contradictions.
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26 June 2013 |
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Ambiguous CMA reasons and reliance on a non-existent statutory provision vitiated the dismissal; matter remitted for rehearing.
Labour law — CMA procedure — ambiguous reasons for dismissal; improper statutory citation — reliance on non-existent provision; competence of applications — must comply with Labour Institutions (Mediation and Arbitration) Rules; correct provision for dismissal for non-appearance: s.87(3)(b) ELRA read with rule 28(1) GN 67/2007; change of venue and condonation procedure at CMA.
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26 June 2013 |
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Voluntary winding up without the directors' declaration of solvency is invalid where the company is insolvent.
Companies Act — voluntary winding up — directors' declaration of solvency (s338(1)) as condition precedent — insolvency evidenced by audited accounts — court intervention under s362(1) — liquidation declared void ab initio — appointment of committee of inspection.
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26 June 2013 |
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Court held an alleged defamatory religious announcement justiciable and High Court had jurisdiction; preliminary objections dismissed.
Constitutional law – Article 19(2) – limits on state regulation of religious activity do not shield alleged defamatory statements made in a congregation from judicial scrutiny. Civil procedure – preliminary objection – justiciability of cause of action. Civil jurisdiction – pecuniary jurisdiction – substantive cause (defamation) determines jurisdiction, not general damages.
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26 June 2013 |
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The applicant's defamation claim is justiciable; the High Court may continue hearing despite lower-court competence.
Defamation – Justiciability under Article 19(2) of the Constitution – Article 19(2) inapplicable to alleged defamatory announcements before congregation; Pecuniary jurisdiction – Defamation is a substantive tort, not merely a monetary claim; High Court may continue hearing where proceedings are advanced.
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26 June 2013 |
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Court granted interim injunction preserving status quo, finding inherent jurisdiction and a prima facie case.
Inherent jurisdiction — interim injunction before suit (s.95 CPC/JALA); Preliminary objections — inappropriate where factual disputes or judicial discretion required; Interim relief tests — prima facie case, urgency/irreparable harm, balance of convenience; Wildlife/tourism allocations — administrative renaming/allocation may raise triable issues.
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26 June 2013 |
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Convictions quashed where delayed arrests, vigilante involvement and untested caution statements rendered evidence insufficient.
Criminal law — conviction on insufficient evidence; unexplained delay in arrest (six months) affecting identification; admission of caution statements without voluntariness inquiry; arrests/identifications via village vigilantes (sungusungu) and risk of torture.
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25 June 2013 |
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Notices to vacate issued to long‑term tenants to enable a joint venture were unlawful and the joint venture was void due to fraud and procedural defects.
Land law – Termination of tenancy – Notices to quit – statutory grounds under s.103(1) Land Act; implied covenant of quiet enjoyment Joint venture – public corporation entering JV – requirement for transparency and legality; contract vitiated where partner unincorporated/fraudulent Pre‑emptive/right of first refusal – not statutory in Tanzania but may arise under common law in exceptional circumstances Reliefs – declaratory relief, nullification of JV, refusal of unproven damages
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25 June 2013 |
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Plaintiff failed to prove outstanding TZS 102,000,000 from credit sale due to inconsistent pleadings and insufficient evidence.
Commercial law – sale of goods on credit; promissory note and post‑dated cheque – admissibility and enforcement; burden of proof – plaintiff must prove outstanding balance on balance of probabilities; punitive damages – require evidence of willful, malicious or fraudulent conduct; ex parte judgment under Order XVII Rule 3 CPC.
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25 June 2013 |
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An executive agency may sue only on contracts; statutory claims must be brought by its parent Ministry and Attorney General.
Executive Agency Act s.3(6)(b)&(c) – locus standi – executive agency may sue in its own name only in contract matters; statutory claims/government revenue must be pursued by parent Ministry with Attorney General under Government Proceedings Act; failure to plead contract is fatal to agency's suit.
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25 June 2013 |
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Rape conviction and 30-year sentence upheld: witness evidence admissible, absence of spermatozoa not fatal to prosecution.
Evidence – Hearsay – Distinction between direct observation and hearsay; witness who saw accused fleeing and complainant in distress gave direct evidence. Evidence – Child witness – Admissibility under s.127(2) Evidence Act; voir dire to assess intelligence and duty to speak truth. Criminal law – Rape – Absence of spermatozoa on PF3 not conclusive; medical signs and independent witness testimony may establish rape. Procedure – Credibility assessments rest with trial court; appellate court will not lightly disturb findings.
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24 June 2013 |
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Plaintiffs' plaint disclosed a cause of action challenging the party disciplinary committee's constitutionality despite a later expulsion decision.
Civil procedure – preliminary objection – cause of action – whether plaint discloses essential facts to support claim; timing of cause of action when disciplinary findings precede formal expulsion decision.* Internal party law – challenge to constitutionality of party disciplinary committee and appointments; allegations of violation of natural justice.
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24 June 2013 |
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Applicant's affidavit lacking disclosed source not automatically invalid; veracity to be tested at hearing.
Civil procedure – Affidavits – Order XIX r.3(1) CPC – Affidavits must be confined to facts deponent can prove from own knowledge; statements "to the best of one's knowledge" and non‑disclosure of source not automatically fatal; credibility and factual disputes to be resolved at hearing through evidence and cross‑examination.
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24 June 2013 |
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Daylight identification by a known victim and medical evidence upheld rape conviction; appeal dismissed.
Criminal law – Rape – Identification of accused in daylight and by a known victim; Identification parade unnecessary where suspect is well known; Proof of rape requires penetration and lack of consent – medical (PF.3) and victim’s evidence corroborative; Omission in PF.3 on penetration minor; Defective charge particulars curable under s.388(1) CPA; Appeal dismissed.
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24 June 2013 |
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Affidavit jurat lacking attesting officer's name is incurably defective; court struck application but granted leave to refile.
Labour procedure – affidavit jurat – rubber stamp and signature without attesting officer's name – incurable defect rendering application incompetent. Labour Court Rules – Rule 56(1) – court's discretion to allow filing out of time; sufficient cause test applied. Precedent – Felix Francis Mkosamali v. Jamal A. Tamimi; Tanga Cement test for extension of time.
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24 June 2013 |
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Appeal allowed where bank failed to produce account statement and trial court mis-evaluated and rejected key evidence.
Banking law – proof of deposit – burden to produce bank statements in bank's custody; Evidence – evaluation and rejection of documentary exhibits; Pleadings – required particulars; Appellate review – mis-evaluation of evidence.
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24 June 2013 |
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Deed of settlement upheld as valid; complainants failed to prove lack of free consent.
Contract law – Deed of settlement – validity and enforceability; Free consent – coercion, undue influence, fraud, misrepresentation, mistake; Burden of proof – party alleging duress must prove on balance of probabilities; Settlement clause barring further claims upheld.
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24 June 2013 |
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Notice-only application for leave to file revision struck out for failure to file required chamber summons; applicant may reapply with proper application.
Labour procedure; Notice of Application vs. chamber summons; Rule 56(1) Labour Court Rules—requirement to show sufficient reasons for extension of time; functus officio—effect of earlier dismissal of out-of-time revision application; procedural competence to seek extension of time.
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24 June 2013 |
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Applicant granted leave to appeal; time to appeal computed from receipt of judgment, not certification date.
Land law – compensation for compulsory acquisition – adequacy of compensation as an arguable ground for appeal. Civil procedure – appeal time computation – time runs from receipt of certified judgment and proceedings, not date of certification. Procedure – leave to appeal out of time – discounting time taken to obtain copies.
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24 June 2013 |
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Whether litigants suing in personal capacity instead of as administrators raises a certifiable point of law for appeal.
Land Disputes Courts Act s.47(3) — certificate for appeal — locus standi — legal representative/administrator v. personal capacity — effect on validity/nullity of proceedings.
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23 June 2013 |
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Non-joinder of the mortgagor under Order XXXII R1 requires amendment to add them; suit not automatically dismissed.
Civil Procedure — Mortgage — Order XXXII Rule 1 — Non-joinder of mortgagor — necessary party; remedy by amendment rather than dismissal. Preliminary objection — pure point of law (Mukisa test).
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21 June 2013 |
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Non-joinder of the mortgagor in a mortgage suit affects merits; court ordered amendment to add the mortgagor.
Land law – Mortgage – Order XXXII Rule 1 Civ. Proc. Code – necessity to join mortgagor/registered proprietor in suit relating to mortgaged property; non-joinder affecting merits; amendment to add necessary party preferable to dismissal; preliminary objection as pure point of law (Mukisa Biscuits).
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21 June 2013 |
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Appeal dismissed because memorandum lacked the required drawn order and the impugned order was interlocutory and not appealable.
Civil Procedure – Appeals – Requirement to attach decree/drawn order to memorandum of appeal (Order XXXIX r.1(1); Order XL r.2). Civil Procedure – Rulings/proceedings are not orders and cannot be appealed in lieu of a drawn order. Civil Procedure – Interlocutory orders not appealable (s.74(2) CPC); s.75/s.76 do not permit standalone appeals from interlocutory orders.
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21 June 2013 |
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A CMA award on severance pay was quashed and remitted because jurisdictional preliminary objections were not decided before the merits.
Labour law — procedural irregularity — jurisdictional preliminary objections (limitation/time-bar and pending review) must be decided before merits; failure to do so warrants quashing and remittal. — Severance pay dispute on retirement; interpretation of section 42 ELRA raised but remitted due to jurisdictional defect.
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21 June 2013 |
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High Court nullified a District Court decision because the appeal to that court was time‑barred; Primary Court order stands.
Appeals — time limits: appeal to District Court must be filed within 30 days (Magistrates' Courts Act s.20(3)); failure to seek extension renders appeal incompetent (Law of Limitation). Appellate jurisdiction — execution: appellate court should not substitute for proper execution proceedings in trial court; informal surrender does not replace execution application. Family law — division of matrimonial property: children's interests under s.114(2)(d) of Law of Marriage Act must be raised and considered at proper appellate stage. Procedure — ex parte appeal consequences: failure to appear and to file reply may result in ex parte decision but time‑barred appeals nullify subsequent rulings.
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20 June 2013 |
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Conviction for rape of a nine-year-old upheld; sentence substituted to life imprisonment due to the victims age.
Criminal law Rape of a child under ten sufficiency of victim and corroborative evidence; admissibility of medical PF3 tendered by investigating officer where medical examiner identifies it; requirement of voir dire under s.127(2)03 Evidence Act and effect of non-compliance; in camera hearing not mandatory because complainant is a child; proper sentence for rape of a girl under ten is life imprisonment (s.131(3) Penal Code).
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18 June 2013 |
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18 June 2013 |
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Application struck out for citing the wrong Court of Appeal Rule; leave to refile granted within 30 days.
Civil procedure — Competence of application — Incorrect citation of enabling provision (Court of Appeal Rules) renders application incompetent; Wrong citation not a mere technicality; Court may strike out defective application but may grant leave to refile to cure procedural defect.
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18 June 2013 |
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District Court improperly dismissed transfer application and discharged respondent without hearing; High Court quashed orders and ordered fresh transfer.
Magistrates' Courts Act s.47(1)(b) – transfer of proceedings from Primary Court to District Court; Magistrates' Courts Act s.43 – High Court revision jurisdiction; territorial jurisdiction of Primary Court and validity of eviction orders; right to be heard—procedural fairness and remedy of quashing irregular orders.
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18 June 2013 |
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Court exercised inherent power to consolidate two suits over respondent's directorship and profit-sharing disputes.
Civil procedure — Consolidation of suits — No specific statutory provision — Court’s inherent power under s.95 and reception clause to consolidate — Guiding common-law tests: common question of law or fact, same transaction or series of transactions, or other reasons in interest of justice — Discretionary remedy to avoid multiplicity, delay, costs and conflicting decisions — Consolidation ordered where director-status and profit-sharing disputes are substantially the same.
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17 June 2013 |
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Respondent's undertaking and absence of irreparable harm justified dismissal of the applicant's application for a temporary injunction.
Civil procedure – Temporary injunction – applicability of Atilio v Mbowe test (serious issue, prima facie success, irreparable harm, necessity). Status quo and undertakings – counsel’s undertaking to maintain status quo may render injunction unnecessary. Possession vs title – rectification of title does not automatically negate possession-related considerations. Remedies – irreparable harm and inadequacy of damages as prerequisites for interlocutory relief.
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17 June 2013 |
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Temporary injunction refused where applicant failed to show irreparable harm and respondent undertook to maintain status quo.
Land — Interim relief — Temporary injunction under O.37 r.1 CPC; requirements: serious issue, chance of success, irreparable harm; status quo preservation; undertaking by respondent's counsel; application overtaken by events; Registrar’s rectification after forensic finding of forgery.
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17 June 2013 |
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Known-person identification under torchlight, corroborated by pursuit and recovery of stolen items, upheld conviction for armed robbery.
Criminal law – Identification evidence – Whether conditions allowed reliable identification – Known-person identification; torchlight and proximity. Criminal law – Corroboration – Pursuit, apprehension shortly after offence and recovery of stolen property. Evidence – Application of Waziri Amani standards for identification evidence. Appeal – Conviction for armed robbery upheld.
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14 June 2013 |
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Identification met Waziri Amani standards; conviction for armed robbery upheld and appeal dismissed.
Criminal law – Armed robbery; identification evidence – application of Waziri Amani v. Republic (1980) standards; corroboration by recovery of exhibits and circumstances of arrest.
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14 June 2013 |
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Appeal allowed where duplicate case records resulted in impermissible double conviction; proceedings quashed and release ordered.
Criminal procedure – duplicate charge sheets/case numbers – prohibition against being tried or convicted twice for the same offence (s.137 Criminal Procedure Act) – conviction and sentences quashed; proceedings nullified.
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14 June 2013 |
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Affidavit with blank jurat breached section 10 of the Oaths Act and was struck out; preliminary objection upheld with costs.
Evidence – Affidavits – Jurat requirements – Section 10 Oaths (Judicial Proceedings) and Statutory Declarations Act No. 59 of 1966 – Commissioner for Oaths must state whether deponent was known personally or identified by someone known to Commissioner; blank jurat renders affidavit defective. Civil procedure – Preliminary objection – competency and procedure – notice of preliminary objection acceptable; question determined as pure point of law.
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14 June 2013 |
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A resident magistrate's court lacked pecuniary jurisdiction over a commercial claim exceeding TZS 30,000,000, so judgment was quashed.
Magistrates' courts – Commercial jurisdiction – Pecuniary limit under section 40(3)(b) (Act No.4 of 2004) – Resident Magistrate vs District Court – Lack of jurisdiction where subject matter exceeds TZS 30,000,000 – Quashing proceedings for want of jurisdiction.
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14 June 2013 |
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Prosecution failed to prove grievous harm beyond reasonable doubt due to improperly admitted PF3 and uncorroborated, irregular witness evidence.
Criminal law – Grievous harm – admissibility of PF3 – section 240(3) CPA – requirement to make medical officer available – expunging improperly admitted medical report; Evidence – unscheduled/unserved witness testimony inadmissible; Corroboration – need for independent witnesses; Failure to call listed prosecution witnesses – adverse inference; Standard of proof – beyond reasonable doubt.
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13 June 2013 |
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Bill of costs taxed: subject-matter excludes interest; instruction fees at 3% of principal; VAT recoverable from judgment debtor.
Commercial procedure — taxation of bill of costs; subject-matter value determined by plaint (excluding interest and costs); instruction fees computed at 3% of subject-matter; recoverability of attendance and service costs; VAT on advocate’s services recoverable from judgment debtor.
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13 June 2013 |
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Conviction quashed where theft and forgery were not proved beyond reasonable doubt and prosecution evidence was deficient.
Criminal law – Theft – proof beyond reasonable doubt; reliance on single interested witness; doctrine of recent possession and lapse of time; forgery – requirement of direct evidence and appropriate witness (attesting advocate); adequacy of investigation and trial court's evaluation of defence evidence.
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12 June 2013 |