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Citation
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Judgment date
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| December 1984 |
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Conviction for theft by servant was unsafe due to misdirection on burden of proof and unreliable, inconsistent evidence.
* Criminal law – Theft by servant – Prosecution must prove beyond reasonable doubt that servant received cash proceeds – Circumstantial evidence must exclude reasonable hypothesis of innocence – Misdirection as to burden of proof renders conviction unsafe.
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20 December 1984 |
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6 December 1984 |
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Reported
Land Law - Acquisition of land under the Land Acquisition Act, (No. 47 of 1967) - Procedure to be followed.
Land Law - Acquisition of land under the Land Acquisition Act (No. 47 of 1967) - Whether Act applies to the land belonging to peasants.
Land Law - Right of Occupancy - Whether land held under customary tenure falls under the definition of right of occupancy - Whether authorities can grant a formal right of occupancy in respect of Land held under customary tenure, i.e,. deemed right of occupancy. |
3 December 1984 |
| November 1984 |
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Unsigned payment vouchers show irregularity but do not alone prove theft; conviction upheld only where misappropriation proved.
Criminal law – theft by servant – sufficiency of evidence; payment vouchers and signatures – procedural irregularity versus proof of misappropriation; credibility of prosecution witness and treatment of unsigned vouchers; appellate review of convictions.
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14 November 1984 |
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Appellant's challenge to identification in a demanding-with-menaces conviction dismissed; conviction and sentence upheld.
Criminal law – Demanding property with menaces (s.292 Penal Code) – Identification evidence – Daylight and prior acquaintance – Corroboration by independent witnesses and identification parade – Late raised allegation of collusion/afterthought – Sentence review.
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14 November 1984 |
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7 November 1984 |
| October 1984 |
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Reported
Criminal Law - Forcible entry on land - Ingredients of the offence - Penal Code, section 85. |
28 October 1984 |
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Conviction for forcible entry quashed for lack of violence and because the dispute was civil in nature.
Criminal law – Forcible entry (s.85 Penal Code) – requirement of 'violence' as essential ingredient; Civil v criminal jurisdiction – land/ownership disputes should be resolved by civil litigation, not criminal prosecution; Conviction quashed where essential ingredients unproven.
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26 October 1984 |
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Forfeiture plus imprisonment can be unduly harsh; sentencing must record reasons and consider guilty pleas and first‑offender status.
Criminal law – Sentencing – Forfeiture as punitive element – Interaction of forfeiture and custodial sentences – Mitigation by plea of guilty and first-offender status – Necessity for sentencing reasons; unsupported assertions of prevalence insufficient.
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19 October 1984 |
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Second appeal dismissed: evidence supported criminal trespass conviction despite alleged burden-of-proof misdirection.
Criminal law – criminal trespass – removal of boundary beacon and cultivation of adjudicated land – appellate review where first appellate court failed to weigh evidence – effect of alleged misdirection on burden of proof.
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2 October 1984 |
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Reported
Tort - Negligence - Vicarious liability - Unauthorised employee drives employer’s vehicle -Scope of employment - Whether employer vicariously liable.
Tort - Costs -Appeal - Defect in preparation of record - Documents omitted - Party successful - Whether entitled to all costs. |
1 October 1984 |
| September 1984 |
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Convictions based solely on testimony of interested witnesses require corroboration; absence of corroboration quashes convictions.
Criminal law — Evidence — Witnesses with an interest or who are suspects — Requirement for corroboration; Distinction between accomplice and informant/spy; Conviction unsafe where interested witnesses are uncorroborated.
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15 September 1984 |
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Illegal warrantless search transformed charge into criminal trespass; grievous harm not proved, confinement unjustified.
* Criminal procedure – searches – requirement of search warrant under s.119 CPC – unlawful searches by militia without police accompaniment
* Penal law – entry into dwelling – distinction between entry with intent to commit felony (s.295) and criminal trespass (s.299(b))
* Offences against the person – grievous harm versus actual/ordinary bodily harm
* Wrongful confinement – detention unjustified absent necessity or lawful authority
* Defence of superior orders – not available where orders are manifestly unlawful and accused trained about legal requirements
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15 September 1984 |
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Appeal against theft conviction dismissed where eyewitness identification, confession to civilians and conduct supported guilt.
Criminal law – Theft; identification evidence – eyewitnesses seeing accused push and carry property; admission/confession to civilians; conduct (attempted escape) as corroborative circumstance; credibility findings of trial magistrate upheld on appeal.
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11 September 1984 |
| August 1984 |
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Familiar-witness identification in torchlight was reliable; alibis failed to raise reasonable doubt, so convictions were upheld.
* Criminal law – cattle theft – identification evidence – familiar witnesses – recognition at close distance in torchlight.
* Criminal procedure – alibi – whether alibi raises reasonable doubt – trial court’s credibility findings upheld on review.
* Appeal – standard of appellate review of factual findings and identification evidence.
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24 August 1984 |
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21 August 1984 |
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Reported
Civil Practice and Procedure - Appeals - Failure to serve copy of application for record of appeal- Whether appeal time barred - Rule 83(2) of Tanzania Court of Appeal Rules, 1979.
Civil Practice and Procedure - Appeals - Effect of failure to serve notice of appeal Memorandum and record of appeal - Rules 77 & 90 of Tanzania Court of Appeal Rules, 1979.
Civil Practice and Procedure -Appeals- Effect of omission of letters and exhibits produced at trial but not reflected in record of appeal - Rule 89(l)(c) & k of Tanzania Court of Appeal Rules, 1979. |
14 August 1984 |
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10 August 1984 |
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9 August 1984 |
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The appellant's claim of provocation failed; the killing was murder with malice aforethought and the appeal dismissed.
Criminal law – Murder – malice aforethought; provocation and self‑defence – adequacy of oral threat as legal provocation; corroboration of eyewitness testimony; medical evidence of multiple head wounds supporting deliberate killing.
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9 August 1984 |
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Appeal against murder conviction dismissed as meritless given overwhelming trial evidence.
* Criminal law – Murder – Deliberate killing by cutting throat – Sufficiency of evidence to support conviction. * Criminal appeal – No arguable ground to impugn trial judgment – Appeal dismissed as devoid of merit.
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8 August 1984 |
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Appellant's admissions and clear evidence of patricide upheld; no defence available, appeal dismissed.
* Criminal law – Murder (patricide) – Extra‑judicial and oral admissions – Sufficiency of evidence – Absence of defence – Appeal dismissed.
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8 August 1984 |
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8 August 1984 |
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8 August 1984 |
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7 August 1984 |
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Failure to consider a claim of right raised on the record amounted to misdirection, so the robbery conviction was quashed and release ordered.
Criminal law – robbery with violence – defence of claim of right under section 9 – appellate review where lower courts fail to consider a defence on the record – misdirection in law warrants quashing conviction and ordering release.
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7 August 1984 |
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Appellate court upheld attempted murder conviction, rejecting accidental-shooting defence and affirming sentence.
Criminal law – Attempted murder – Whether prosecution established intent to kill – Defence of accidental discharge during struggle – Appellate review of trial judge's factual findings and sentencing discretion.
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7 August 1984 |
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Murder conviction upheld: credible eyewitness, no provocation or drunkenness established.
Criminal law – murder – credibility of sole eyewitness – provocation defence – intoxication as diminishing responsibility – appellate review of factual findings.
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7 August 1984 |
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Applicant's grievous-harm conviction upheld; exclusion of wife's testimony was erroneous but harmless; appeal dismissed.
* Criminal law – grievous bodily harm – stabbing at post-wedding altercation – identification and credibility of witnesses.
* Evidence – alibi – exclusion of defence witness (wife) – appellate assessment of harmless error.
* Sentencing – review of harshness – appellate reluctance to alter sentence where term already served.
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5 August 1984 |
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Trespass conviction quashed due to disputed land ownership; theft conviction overturned for unsafe identification.
* Criminal law — Trespass — Improper to join s.299(a) and (b) together; unresolved boundary/ownership issues should be determined civilly before criminal prosecution. * Evidence — Identification — Failure to show a proper identification parade and inconsistencies in investigation render conviction unsafe. * Procedure — Where title disputed, direct parties to civil remedy.
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2 August 1984 |
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Appellate court affirms convictions and sentences, finding sufficient evidence and appropriate sentencing given prior convictions.
* Criminal law – convictions for common assault, malicious damage to property and creating a disturbance – sufficiency of evidence and credibility of witnesses.
* Sentencing – relevance of prior convictions in assessing appropriateness of sentence.
* Appeal – appellate scrutiny limited where trial magistrate’s findings are supported by evidence.
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2 August 1984 |
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Appellate court upheld theft conviction, finding eyewitness identification reliable and rejecting claim of coerced admission.
Criminal law – Theft – Identification evidence – Prior acquaintance and daylight observation support reliability of identification; alleged coerced admission not shown to vitiate conviction – Appeal dismissed.
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1 August 1984 |
| July 1984 |
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31 July 1984 |
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Appellant failed to overturn concurrent factual and credibility findings; appeal dismissed with costs.
* Civil appeal – concurrent findings of fact – High Court's reluctance to interfere absent new evidence or demonstrable error in lower courts' factual or credibility assessments.
* Customary law – herding/offspring-sharing arrangements – proof required to establish ownership or entitlement to offspring or compensation.
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31 July 1984 |
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Identification-parade irregularities (bleached uniform and adverse conditions) rendered the identification evidence unsafe, prompting acquittal.
Criminal law — Murder — Identification evidence — Fair conduct of identification parades — Police must avoid suggestion (uniform, positioning, prior exposure) — Unfair parade may render identification unsafe.
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31 July 1984 |
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27 July 1984 |
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25 July 1984 |
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Appeal against convictions for stealing a motor dismissed; recent possession and circumstantial evidence upheld as sufficient.
* Criminal law – theft of motor vehicle – conviction upheld where accused found attempting to sell stolen vehicle – recent possession doctrine applied. * Criminal law – circumstantial evidence – implausible exculpatory account and conduct of watchman supported conviction. * Evidence – trial magistrate credibility findings accorded deference on appeal.
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25 July 1984 |
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Single-witness testimony and an admission upheld conviction; sentence increased to three years under the Minimum Sentences Act.
Criminal law – theft from hotel well – single-witness evidence and corroboration by admission; translation/language issues in evidence; application of Minimum Sentences Act for theft from government-owned hotel; sentence substituted to three years.
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24 July 1984 |
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Conviction based largely on interested witnesses and an uncorroborated police account was undermined by lack of independent corroboration.
Criminal law – theft – reliance on testimony of interested witnesses – requirement for careful scrutiny and corroboration; police evidence of confession/refund susceptible to doubt when no independent witness corroborates.
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12 July 1984 |
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A dying declaration needs independent corroboration; circumstantial conduct alone did not prove guilt beyond reasonable doubt.
Criminal law – Murder – Dying declaration – Requires cautious approach and independent corroboration before conviction; Circumstantial evidence (washing blood‑stained clothes) may be suspicious but needs to be implausible to corroborate; Assessors’ opinion may be departed from where judge finds evidence insufficient to establish guilt beyond reasonable doubt.
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5 July 1984 |
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4 July 1984 |
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Dispute over land ownership must be resolved in civil proceedings; acquittal for crop destruction restored and revisional order set aside.
* Criminal law – destruction of crops – where dispute concerns land ownership, title should be determined in civil proceedings rather than by criminal prosecution; * Criminal procedure – irregularity in calling witness before accused is called to defend – may not vitiate acquittal if substance of accused’s defence would be unchanged; * Revision – appellate court should not substitute findings of ownership in criminal revision when civil remedy is appropriate.
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1 July 1984 |
| June 1984 |
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Appellant's cattle theft conviction and legal-minimum sentence affirmed; identification and ownership upheld.
Criminal law – Cattle theft – Evidence of identification and ownership – Credibility of complainant and corroborating witness; retention and conduct as indicia of theft; sentence affirmed as legal minimum.
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19 June 1984 |
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Convictions in a felony trial concluded in the accused’s absence are nullities; conviction quashed and release ordered.
Criminal procedure — Trial in absence — Section 202(1) Criminal Procedure Code — Accused charged with a felony — Conviction in absence is a nullity — Right to be present and to defend — Remedy: quash conviction and release (retrial discretionary).
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11 June 1984 |
| May 1984 |
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Conviction under section 284A is invalid if prosecution proceeded without the DPP's required consent.
* Criminal law – s.284A Penal Code – requirement of Director of Public Prosecutions' consent for prosecution under s.284A.
* Criminal procedure – alternative verdicts/substitution – cannot be used to circumvent statutory consent requirements.
* Trial procedure – acquittal required where the charge as laid is not proved; convicting one accused while acquitting co-accused was erroneous where statutory preconditions for alternative conviction were absent.
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30 May 1984 |
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24 May 1984 |
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23 May 1984 |
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18 May 1984 |
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Conviction quashed where deficient handwriting expert report and weak corroborative evidence left reasonable doubt.
* Criminal law – evidence – handwriting expert reports – admissibility and weight where report does not comply with prescribed form (7th Schedule Cr.P.C.) * Burden of proof – requirement to exclude reasonable doubt before convicting on expert opinion alone * Identification and chain of custody – need for witness identification of depositor and safeguards against internal bank misconduct * Trial misdirection – improper reliance on deficient expert evidence may vitiate conviction
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16 May 1984 |