High Court of Tanzania

Inquest — Application to hold an inquest — Application made after trial court’s ruling that death not substantially caused by collision of motor vehicle — Whether application incompetent.

Torts - Defamation - Damages - Defendant published false information without lawful justification or excuse - Plaintiff arrested, detainedand interrogated - Plaintiff’s business dwindled - General public shunned him - Whether general damages awardable. Torts - Damages - Assessment of- Assessors' unanimous view that Shs.. 470,400/= be awarded - Plaintiff's to produce books of accounts to prove what he actually earned before publication of the article - Plaintiff had opportunity to mitigate the damage  Whether assessor’s view correct.

Criminal Practice and Procedure — Declaring a witness as 'hostile' — Who to determine a witness has turned ’hostile'.
Criminal Practice and Procedure — Procedure before court may permit a party to cross examine his own witness.
Evidence — Evidence of a 'hostile' witness — Its effect and weight.

Criminal Practice and Procedure — Seizure of documents from accused — Whether court is to assist in their recovery.
Criminal Practice and Procedure — Partly heard case — Transfer to another magistrate — Principles to be followed — S.80 80(1) (a) Criminal Procedure Code Cap. 20.
Evidence Act — Application to inspect Banker's Books — Whether must be made orally — S. 81 Evidence Act 1967

Evidence - Admissibility - Statement made to a police officer - Appellant told justice of the peace the statement he made to the police was enough-Justice of the Peace not shown the statement - Whether such statement can be incorporated in the statement made to justice of the peace - Whether admissible as a confession - Whether admissible -Whether it amounts to an admission or not.

Criminal Practice and Procedure - Charge - Duplex - Defence clear what the case against appellant was - Whether defect curable - S.346 of the Criminal Procedure Code

National Security - Espionage and Sabotage - National Security Act- Foreign agent - Whether the person (John Wilson) with whom appellant was communicating was a "foreign agent" - S.2(1) and s.12(1) of the National Security Act.

National Security - Espionage - Appellant alleged to have communicated with foreign agent - Whether necessary to prove which particular state or states the alleged agent was working for.

National Security - Espionage - When presumption under s.12(1) of the National Security Act comes into play - Effect of the presumption.

National Security - Spying on designated organization - Evidence of communication - No order of exact nature or type of information - Whether information for purposes prejudicial to the safety or interests of a designated organization. 

National Security - Spying on a designated organization - Presumption under s.9(3) of the National Security Act - When it can come into play.

Criminal Practice and Procedure - Sentencing - Co-operation with police - Conviction based on presumption only - Extent of damage impossible to ascertain - Benefit to appellant.