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Citation
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Judgment date
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| December 2020 |
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Appellate court set aside redistribution based on custom and ordered administrator to account for unsold trees and close the estate.
Probate – administration and accounts – effect of court directions on mode of distribution – Primary Court’s express order to equally distribute supersedes customary division. Probate – functus officio/res judicata – filing of final accounts closes administration as to distributed property; further complaints limited to unaccounted items. Evidence – witness summoned suo motu – reason for summoning must appear; absent reason, evidence may be expunged. Appeals – concurrent findings may be disturbed where based on misapprehension of evidence or misapplication of law.
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7 December 2020 |
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Court upheld WLCA convictions, found DPP consent valid, corrected misclassification as economic offence and resentenced for trophy possession.
Wildlife Conservation Act — unlawful entry into game reserve (s.15) and unlawful possession of government trophies (s.86). Criminal Procedure Act s.231 — accused's right to be informed and to call witnesses; recording non-compliance not necessarily fatal if accused expressly declines to call witnesses. Perishable exhibits — disposal under Police General Orders/section 101 WLCA; requirement that accused be present and heard. Jurisdiction — DPP consent and certificate required and, if on record before trial, confers jurisdiction for economic offences. Credibility — park rangers and police officers may be independent witnesses absent proof of interest or enmity. Sentencing — correct bracket under s.86(2) WLCA depends on trophy value; possession under s.86 not covered by EOCCA paragraph 14.
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7 December 2020 |
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Fixed‑term contract expiry was lawful termination; applicant entitled only to repatriation/subsistence up to refusal and a certificate of service.
Labour law – fixed‑term contracts – automatic termination on expiry; dispatch records as proof of contract delivery; entitlement to repatriation and subsistence allowance where employee refuses offered repatriation; review of CMA award on fairness of termination.
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4 December 2020 |
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Leave granted to appeal so the Court of Appeal can decide whether appeal time runs from judgment delivery or from supply of judgment.
Appellate procedure – Leave to appeal under s.5(1)(c) Appellate Jurisdiction Act – Granting leave where point of law or public importance arises. Civil procedure – Computation of limitation period – Whether appeal time runs from delivery of judgment or from supply of judgment to a party – Application of s.19(2) Law of Limitation Act.
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4 December 2020 |
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Objection to an administrator is premature until required inventory/accounts are filed; no mismanagement proved, appeal dismissed.
Probate and administration – Objection to administrator – Objection premature where inventory/accounts (Forms 5 & 6) not filed; locus to sue—"interested persons"/beneficiaries; misapplication of estate requires proof and, if proved, administrator must make good loss; court may revoke appointment for good cause.
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4 December 2020 |
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Reported
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4 December 2020 |
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Extension of time granted where trial court told accused of right to appeal but failed to explain appeal procedure under section 359(1).
Criminal procedure – extension of time to appeal – adequacy of explanation of appeal rights and procedure by trial magistrate under section 359(1) Criminal Procedure Act – failure to explain procedure may constitute sufficient cause – prosecution's concession supports grant of extension.
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4 December 2020 |
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A District Land and Housing Tribunal's unexplained judgment and failure to obtain assessors' opinions rendered its decision a nullity.
Land law — ownership and locus standi — failure of respondent to prove ownership or challenge to will. Civil procedure — District Land and Housing Tribunal — requirement to give reasons (Reg.20(1)) and to obtain/record assessors' opinions (s.24 Land Disputes Courts Act; Reg.19(2)) — non‑compliance renders proceedings nullity.
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4 December 2020 |
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Application for extension of time to set aside ex parte decree dismissed—applicants failed to show sufficient cause; preliminary objections overruled.
Civil procedure – extension of time – application under s.14(1) Law of Limitation Act – requirement to show sufficient cause and account for delay. Preliminary objections – competence and time‑barred objections – court must correctly identify the nature of the application before sustaining objections. Illegality as ground for extension – alleged illegality must be established; presence of counsel at hearings undermines claim of lack of notice. Procedural consequence – filing written statement of defence out of time and order to proceed ex parte effectively obliterates that document from record.
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4 December 2020 |
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Applicant appointed administratrix of intestate estate and ordered to file inventory and account within statutory periods.
Probate and Administration – appointment of administratrix of intestate estate – qualification of petitioner – evidence: death certificate and clan meeting minutes – identification of estate assets – directions to file inventory and account under s.107(1) – no costs.
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4 December 2020 |
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Victim and medical testimony established statutory rape beyond reasonable doubt despite expunging an unread PF3.
Criminal law – Rape – Proof beyond reasonable doubt – Victim’s testimony as primary/best evidence and corroboration by witnesses and clinical examination. Statutory rape – Proof of victim’s age – age established by victim and medical testimony. Evidence – PF3 (medical report) admitted but not read aloud: may be expunged; conviction may stand if other evidence suffices. Procedural fairness – failure to read documentary exhibit does not automatically prejudice accused where oral evidence and cross‑examination opportunities existed.
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4 December 2020 |
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Appellant failed to prove sufficient contribution to upset equitable 30% division of matrimonial assets; appeal dismissed.
Family law – division of matrimonial assets – proof of contribution – section 114(1) Law of Marriage Act – burden of proof under s.110(1) Evidence Act – domestic duties as contribution – equity not equality.
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4 December 2020 |
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Appellant failed to prove several properties were non‑matrimonial; 30/70 division upheld and appeal dismissed with costs.
Matrimonial property — classification and division; contribution by parties (including domestic work) as basis for apportionment; admissibility and effect of prior informal distribution; appellate review limited where trial findings are evidentially supported.
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4 December 2020 |
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The defendant lawfully rescinded the loan after the applicants' fraudulent misrepresentation; suit dismissed with costs.
Contract law – misrepresentation and fraud – concealment of material facts and lack of utmost good faith as grounds for rescission of loan facility. Banking law – preconditions to disbursement (domiciliation) and lender’s right to rescind where borrowers misrepresent material terms. Remedies – rescission justified; no entitlement to damages where borrower induced contract by fraud. Security – lender’s general lien over mortgaged property; discharge where outstanding debt paid.
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4 December 2020 |
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Respondent validly rescinded loan facility after applicants concealed material facts; claim dismissed.
Contract law – Facility agreement – material misrepresentation and concealment of fundamental terms; rescission of loan facility – utmost good faith (uberrimae fidei); pre-disbursement conditions (domiciliation) – failure to comply; mortgage security – general lien and discharge on payment.
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4 December 2020 |
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Appeals from the District Land and Housing Tribunal must be filed directly in the High Court; appeal struck out for wrong forum.
Land Disputes Courts Act – Appeals from District Land and Housing Tribunal – Section 41(1)&(2) requires appeals from DLHT to be filed directly in the High Court; Section 38(2) applies to appeals originating from Ward Tribunals – incompetency of appeal filed in wrong forum – preliminary objection upheld; appeal struck out with costs.
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4 December 2020 |
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Applicant charged with unlawful possession of high-value government trophy granted bail subject to substantial monetary security and sureties.
Criminal procedure – Bail pending trial – Whether accused charged with unlawful possession of government trophy is entitled to bail – Bail conditions where alleged proceeds/property are high value – Application of section 36(5) EOCCA and section 148(3) CPA.
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4 December 2020 |
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Criminal conviction does not bar a civil tort claim, but uncorroborated evidence failed to prove claimed damages.
Civil procedure – relation between criminal conviction and civil actions – criminal conviction does not bar separate civil tort claim; Evidence – burden and proof of damages – oral assertions without documentary corroboration insufficient; Appeal – concurrent findings of fact by lower courts – high court will not disturb absent miscarriage of justice; Parties – exclusion of guardian where alleged wrong committed by adult defendant.
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4 December 2020 |
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Application for extension of time to appeal contested on grounds of delay, proper remedy and locus standi; ruling not contained in text.
Civil procedure — extension of time to appeal — delay alleged due to non-supply of judgment and lack of legal assistance — proper remedy after dismissal of appeal — locus standi in estate disputes.
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4 December 2020 |
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A successor magistrate’s failure to record reasons for takeover under Order XVIII Rule 10(1) CPC renders subsequent proceedings a nullity.
Civil procedure – Order XVIII Rule 10(1) CPC – Successor magistrate must record reasons for takeover – Failure to record reasons is a jurisdictional defect rendering subsequent proceedings nullity – Reasons in later judgment or other rulings do not cure defect – Overriding objective cannot cure jurisdictional defect.
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4 December 2020 |
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Appeal dismissed: jurisdiction and evidentiary record supported convictions; appellants waived calling defence witnesses.
Criminal law – wildlife offences – possession of animal carcasses and entry into game reserve – evidentiary proof including inventory and witness testimony. Criminal procedure – jurisdiction under EOCA s.12(4) – requirement and filing of DPP certificate. Criminal procedure – accused's right to call witnesses – waiver and closing of defence. Appellate review – evaluation of trial court's assessment of defence credibility.
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4 December 2020 |
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Applicant failed to show sufficient cause or diligence to warrant extension of time to seek leave for omitted reliefs.
Civil procedure – Extension of time – section 14(1) Law of Limitation Act – requirements for sufficient cause (account for delay, diligence, absence of negligence) – Order II rule 3 Civil Procedure Code – omission of reliefs and need for leave to sue – discretionary relief and abuse of process.
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4 December 2020 |
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Whether the respondent breached a written loan agreement; court ordered repossession and EUR25,000 general damages to the applicant.
Contract law – Loan agreement – Existence and enforceability of written loan agreement; breach for non-payment – Security / right of repossession – Foreign loan registration with Bank of Tanzania – Pleading and proof of specific damages – Jurisdiction and choice of law clause – Effect of failure to challenge document authenticity by cross-examination.
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4 December 2020 |
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Appellate court upheld conviction for receiving a bribe, expunged flawed electronic evidence, increased sentence and ordered direct restitution.
Criminal law – Corruption – receiving a bribe – sufficiency of identification and corroboration; Evidence – electronic/digital printouts – admissibility under Electronic Transactions Act s.18 and effect of expungement; Criminal law – distinction between soliciting and receiving corruption; Sentencing – gravity of corruption by public officers and limits of judicial leniency; Restitution – ordering direct payment to victims rather than PCCB.
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4 December 2020 |
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Conviction quashed where pregnancy and sole complainant testimony lacked DNA/other proof to eliminate reasonable doubt.
Criminal law – rape and impregnating a minor – proof beyond reasonable doubt – caution with sole testimony in sexual offences – role of DNA/scientific evidence – effect of delay and family grudges on credibility.
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4 December 2020 |
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A 50% monthly interest clause was illegal; appellant entitled to principal Tshs 30,060,000 and costs.
Contract law – debt settlement – enforceability of interest clauses; Illegality of exorbitant interest where charging interest is a business transaction requiring licence; Civil procedure – costs follow event and requirement to assign reasons when refusing costs; Confirmation of principal debt after admitted payments.
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4 December 2020 |
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An accused who deliberately absents oneself after jumping bail cannot successfully challenge a conviction entered in absentia.
Criminal procedure – conviction in absentia – power to proceed under s.226(1)–(2) and s.227(1) CPA – accused who jumps bail estopped from challenging in‑absentia conviction; evidential challenges unnecessary where absence is deliberate.
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4 December 2020 |
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Applicant’s attempt to reopen matters already decided was barred by functus officio and abuse of process; application dismissed.
Civil procedure – functus officio – finality of judgment and prohibition on re-opening matters decided on the merits. Res judicata and abuse of process – re-litigation where parties/issues are interlinked. Prerogative orders – leave to apply for mandamus and correct remedy of appeal where matter decided on merits. Distinction between striking out for irregularity and final disposal on merits.
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4 December 2020 |
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Rape conviction quashed where penetration and victim's testimony were not proved beyond reasonable doubt.
Criminal law – Rape – proof of penetration – requirement of clear victim testimony; contradictions between oral testimony and PF3 weaken prosecution case; burden of proof beyond reasonable doubt; consent immaterial where statutory rape elements concerned.
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4 December 2020 |
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Court granted a 14-day extension to file appeal documents where affidavit reasons and respondent’s concession justified delay.
Criminal procedure — extension of time to file notice and petition of appeal — sufficiency of affidavit grounds — respondent’s concession — court’s discretionary power to extend time.
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4 December 2020 |
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High Court directed application of the Probate Act and revoked the primary court administrator due to procedural defects and jurisdictional concerns.
Probate law – application of Probate and Administration of Estates Act to primary court proceedings – High Court power under sections 92 and 93 to direct Act's application and to exercise original jurisdiction. Jurisdictional competence – small‑estate limits and proper forum for administration. Procedural fairness – notice, publication and opportunity for heirs to be heard; revocation of primary court administrator where failure of justice shown.
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3 December 2020 |
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3 December 2020 |
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3 December 2020 |
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Revision under s372 CPA is incompetent against an interlocutory prima facie finding; matter remitted for defence.
Criminal procedure – Revision under section 372 CPA – Interlocutory orders not revisable unless they finally determine the charge – Prima facie finding (case to answer) is interlocutory; accused must proceed to defence under section 231 CPA. Citation of Revised Edition – R.E. 2019 published by GN No.140/2020.
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3 December 2020 |
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Reported
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3 December 2020 |
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Referral to executive authorities does not excuse delay in lodging disputes at the CMA; each day of delay must be accounted for.
Labour law – limitation – referral to CMA within 30 days – condonation for late referral. Whether referral of employment disputes to executive authorities (District Commissioner, Police) constitutes good cause. Requirement to account for each day of delay; ignorance of law not a defence though institutional assumption of jurisdiction may attract sympathy.
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3 December 2020 |
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3 December 2020 |
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Appeal struck out where judgment/decree named parties differently from the memorandum; correction must be sought in trial court before appeal.
Civil procedure – Appeal requirements – Order XXXIX r.1(1) CPC – memorandum of appeal must be accompanied by copy of judgment and decree. Civil procedure – Parties’ description – Order XX r.6(1) CPC – decree must correctly state names and description of parties; defect going to root renders appeal incompetent. Remedy – Substantive defects in judgment/decree to be corrected by trial court on review, not cured on appeal; leave to refile where defect caused by trial court.
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3 December 2020 |
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Appellant failed to prove entitlement to a larger share of matrimonial assets; LMA prescribes 45‑day appeal period.
Family law – division of matrimonial property – entitlement measured by contribution (s.114 Law of Marriage Act). Evidence – need for proof of contribution and assets – appellate court will not admit fresh evidence or disturb concurrent factual findings without good reason. Procedure – time to appeal in matrimonial proceedings governed by s.80 Law of Marriage Act (45 days), not s.25 Magistrates' Courts Act (30 days).
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3 December 2020 |
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Whether the appellant proved entitlement to a larger share of matrimonial assets and whether the appeal period is 45 days under the LMA.
Family law – Matrimonial property – Division under section 114 Law of Marriage Act – contribution (financial, work, domestic) as basis for share. Evidence – appellant’s failure to prove additional assets or greater contribution; appellate review of concurrent factual findings. Appeals – Time to appeal in matrimonial proceedings governed by s.80(2) LMA (45 days), not MCA (30 days).
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3 December 2020 |
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2 December 2020 |
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Equivocal guilty plea and defective plea procedure resulted in quashing of conviction; retrial declined due to delay and child's best interests.
Criminal procedure – Plea of guilty – Mandatory plea-taking steps under s.192 CPA; failure to explain offence ingredients and failure to read exhibits vitiates plea; Appealability of guilty plea limited but permissible on legality; Best interests of the child and abuse of process – retrial declined after long delay and potential trauma to victim.
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2 December 2020 |
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High Court granted bail to applicants charged with unlawful possession of government trophies, on cash and surety conditions.
Criminal procedure – Bail – High Court grant under certificate of urgency where subordinate court could not hear bail; Wildlife Conservation Act – unlawful possession of government trophies; Economic and Organized Crimes Control Act; prosecution’s lack of opposition; bail conditions: cash or immovable security, two sureties, bond, travel restriction.
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2 December 2020 |
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An ex parte tribunal decision must first be challenged by an application to set it aside, not by seeking an extension to appeal.
Land procedure – Ex parte judgment under Rule 11(1)(c) – Remedy to set aside ex parte decision within 30 days under Rule 11(2) – Misconceived application for extension of time to appeal – Strike out with costs.
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2 December 2020 |
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Late supply of appeal documents amounts to good cause to grant an extension of time; application granted, no costs.
Civil procedure – Extension of time – Whether late supply of appeal documents constitutes sufficient cause to extend time to appeal – Unopposed application supportive of grant of extension.
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2 December 2020 |
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Appeal dismissed where the respondent proved possession of the disputed land on the balance of probabilities.
Land law – trespass to land; proof of possession/ownership – balance of probabilities; appellate review of tribunal findings; admissibility/weight of conflicting witness evidence; locus in quo inspection; refusal of adjournment for sick witness.
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2 December 2020 |
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2 December 2020 |
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Appeal dismissed: procedural and evidential irregularities were curable and the prosecution proved grievous harm beyond reasonable doubt.
Criminal law – grievous harm – evidential sufficiency; admission and tendering of documentary evidence (PF3); expert opinion evidence (s.47 Evidence Act) and curable mis‑citation; assessment of contradictions in witness testimony; appellate review of alleged procedural irregularities in judgment delivery; failure to call witnesses and adverse inference.
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2 December 2020 |
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High Court granted bail under EOCCA despite high-value alleged trophy, imposing cash/property security and surety conditions.
Criminal procedure – Bail under the Economic and Organized Crimes Control Act – High Court jurisdiction where value of subject exceeds Tshs.10,000,000 preventing lower court from granting bail; application of s36(5) conditions. Bail considerations – presumption of innocence; availability for trial; risk of reoffending; risk of interfering with investigation; gravity of charge. Bail security – cash deposit or immovable property and sureties with identification and bail bonds.
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2 December 2020 |
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2 December 2020 |