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Citation
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Judgment date
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| December 1987 |
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Injunction denied: prior eviction concerned only the office premises; occupation of adjacent open space not prohibited by that decree.
Tenancy law – scope of judgment and execution – eviction decree limited to specified premises; injunction and nuisance – separate action required to challenge occupation of adjacent open space; business licences – evidence of lawful operations in port area.
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30 December 1987 |
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Driving the vehicle containing stolen goods shortly after a robbery supported conviction; hijack defence rejected.
Criminal law – robbery with violence – identification of vehicle and recovery of stolen property as evidence of participation; credibility assessment of hijack defence; appellate review of sentence reasonableness.
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18 December 1987 |
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Conviction quashed where trial judgment lacked points of determination, reasons and proper sentencing findings.
* Criminal procedure — Judgment requirements — section 312(1) — points of determination and reasons required.
* Evidence — Trial judge’s duty to evaluate evidence; appellate limitation on re‑assessing credibility from record.
* Sentencing — Minimum Sentence Act — prosecution’s duty to make findings (specified authority/value) before imposing statutory sentence.
* Procedural irregularity — defective judgment warrants quashing conviction and setting aside sentence.
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16 December 1987 |
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Reported
Criminal Practice and Procedure - Criminal Procedure Code replaced by Criminal Procedure Act, 1985 - Effect on form of laying a treason charge.
Criminal Practice and Procedure - Section 12 of the Evidence Act, 1967 — Evidence to be adduced to bring the Section into operation when treasonable conspiracy alleged.
Criminal Practice and Procedure - Whether a trial judge’s summing up of the case to assessors is mandatory or discretionary - Section 283(1) of the Criminal Procedure Code (now Section 298(1) of the Criminal Procedure Act, 1985).
Criminal Practice and Procedure - Trial judge’s summing up of the case to assessors - Extent ofparticularity required.
Criminal Practice and Procedure - Assessors’ opinions - Duty of trial judge to take such opinions before givingjudgment - Section 248 of the Criminal Procedure Code (now Section 265 of the Criminal Procedure Act, 1985).
Evidence - Extra-judicial statements - Formalities requiredfor confessions - Magistrates’ Courts Act, 1963 - Section 56(2) - Empowers Chief Justice to issue instructions - Such Chief Justice’s
Instructions applying to magistrates also - Whether magistrates’ failure, to comply fully with Chief Justice’s Instructions rendering extra-judicial statements inadmissible.
Evidence - Retracted confession - Value and weight to be attached to retracted uncorroborated confessions.
Evidence - Retracted confession - Whether capable of corroborating other evidence against the confessor.
Criminal Practice and Procedure - Trial within the trial- Scope of -Findings on the general character of an accusedfalling within the scope ofthe main trial- Whether suchfindings expressed after trial within the trial having the effect of vitiating a fair trial.
Evidence - Incriminating statements made at trial within the trial-Admissibility at the main trial - Such statements can be used against the maker at the main trial.
Criminal Law - Section 39(2) (a) of the Penal Code - Charge of treason - What constitutes.
Criminal Practice and Procedure - Sentencing - Interference with a trial court's sentencing on appeal - Principles applicable. |
14 December 1987 |
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Conviction quashed where prosecution failed to exclude reasonable possibility that someone with a duplicate key stole the money.
Criminal law – Theft by servant – proof beyond reasonable doubt – duplicate key to strongroom – prosecution must establish whereabouts/custody of duplicate key – doubt resolved in favour of accused; Minimum Sentences Act – statutory minimum for high-value theft.
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14 December 1987 |
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A 13‑year‑old who struck and killed another with a brick was found guilty but conditionally discharged due to youth.
Criminal law – Manslaughter – causation by assault; Juvenile criminal responsibility – doli incapax and capacity to know wrong; Evidence – contemporaneous conduct (flight) as proof of awareness; Sentencing/disposal – conditional discharge under s.326(1)(b) for young first offender.
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11 December 1987 |
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Appellants' convictions quashed due to unreliable eyewitness testimony and insufficient possession evidence.
Criminal law – conviction unsafe where reliant on a single inconsistent eyewitness; possession evidence insufficient to prove theft of larger quantity; appellate review — quashing convictions and vacating compensation.
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11 December 1987 |
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Property belonging to a deceased child is not a matrimonial asset divisible under section 114 in divorce proceedings.
* Family law – Division of matrimonial assets – Section 114 Law of Marriage Act – scope limited to assets acquired by parties during marriage; property of a third party (deceased child) not divisible in divorce proceedings; inheritance/succession claims distinct from matrimonial property disputes.
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8 December 1987 |
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Court rejected bias and self‑defence claims, upheld conviction, and corrected the primary court’s ultra vires sentence and compensation.
Criminal law – assault causing actual bodily harm; self‑defence; reasonable‑apprehension test for judicial bias; limits on primary court sentencing and compensation; substitution of ultra vires sentence.
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7 December 1987 |
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Appeal dismissed where claimant failed to prove ownership, alleged theft by respondents, or malicious prosecution.
* Civil appeal – disputed ownership of land produce – proof required for recovery of harvested crops; * Claims for conversion/damages – need for specific credible evidence of quantity and value; * Malicious prosecution – absence of malice where complainant genuinely believed theft occurred and conviction was rendered; * Evidence – assessment of credibility and insufficiency of appellant's proof.
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5 December 1987 |
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Primary Court proceedings conducted with only one assessor are void for want of jurisdiction; appeal allowed and orders quashed.
* Civil procedure – Magistrates' Courts/Primary Courts – composition – requirement that Primary Court sit with not less than two assessors under Magistrates' Courts Act 1984 s.7(1) – sitting with one assessor renders proceedings void for want of jurisdiction. * Jurisdictional irregularity not cured by general curing provisions where it goes to the root of the matter. * Appeal allowed where lower courts failed to recognise assessor-composition defect.
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3 December 1987 |
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Convictions for assisting a prison escape quashed where circumstantial evidence failed to prove guilty knowledge beyond reasonable doubt.
Criminal law – Aiding escape – identification evidence – circumstantial evidence – guilty knowledge must be established beyond reasonable doubt; credible witness evidence does not alone suffice where inferences of guilt are not irresistible.
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2 December 1987 |
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Applicant must enforce or seek variation of existing Primary Court maintenance order; High Court dismissed duplicative application.
Family law – Maintenance – Existence of Primary Court maintenance judgment; res judicata; enforcement and variation of Primary Court orders; High Court should not duplicate.
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1 December 1987 |
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Appellate court may reject cost-based official valuation in favour of credible market evidence; appeal dismissed with costs.
* Evidence – valuation of property – distinction between official valuation (cost of construction) and market value – court may reject official valuation where reasons exist.
* Civil procedure – appellate powers – calling additional evidence by appellate court in the interest of justice when lower court had called none.
* Procedure – site visits by magistrates – absence of reliance on visit in judgment and no failure of justice under section 37 Magistrate's Courts Act 1984.
* Appellate review – consideration of lower court record and supplementation with admissible additional evidence.
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1 December 1987 |
| November 1987 |
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Appeal allowed: evidence did not prove theft from the person under s.269(a); conviction and sentence quashed.
Criminal law – Evidence – Sufficiency and credibility – Whether evidence proved stealing from the person contrary to s.269(a) Penal Code – Inconsistent complainant testimony and unassessed material witness evidence – conviction quashed.
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27 November 1987 |
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Pending civil proceedings do not authorize illegal entry or destruction of disputed land; maintenance increased to Shs. 300 monthly.
* Criminal law – trespass – Destruction of crops on disputed land – Pendency of civil suit on title does not justify unlawful entry or mischief. * Civil procedure – interaction of civil and criminal proceedings – A pending civil action on ownership does not bar prosecution for criminal acts committed on the disputed land. * Family law – maintenance – Assessment of reasonable maintenance for illegitimate children in light of parties' incomes; order for payment through Welfare Officer.
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26 November 1987 |
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A proven gift and prolonged undisturbed possession defeats a later unsupported inheritance claim.
* Land law – Gift of land – oral gift given in presence of witnesses and subsequent cultivation and possession. * Evidence – Bequest/inheritance claims require supporting oral or written evidence. * Possession – continuous and undisturbed possession as proof of ownership against later unsupported claims.
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26 November 1987 |
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Convictions based solely on late night single-witness identification without corroboration are unsafe and were quashed.
* Criminal law - Identification evidence - Single witness identification at night - Conditions for correct identification - Need for corroboration where conditions are poor; identification parade after multiple court appearances may render identification unsafe.
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25 November 1987 |
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Appeal dismissed: respondent's allocation and continuous possession proved; appellant's allocation claim rejected.
* Land dispute – allocation and possession – proof of allocation and continuous cultivation – absence and non-abandonment – burden of proof on competing allocation claims.
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24 November 1987 |
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Conviction cannot rest on suspicion; circumstantial evidence must exclude reasonable hypotheses of innocence.
Criminal law – Circumstantial evidence – Sufficiency to convict – Inculpatory facts must exclude reasonable hypothesis of innocence; conviction must not rest on suspicion alone; failure to recover stolen property and unknown timing of theft undermine prosecution case.
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24 November 1987 |
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Appeal against conviction for theft by public servant dismissed; credibility findings and Minimum Sentences Act application upheld.
* Criminal law – theft by a public servant – unexplained shortages in official accounts as evidence of stealing; credibility of accused's explanation.
* Evidence – documentary returns and inspection reports – weight of circumstantial and record evidence.
* Sentencing – application of the Minimum Sentences Act where money belongs to a specified authority; concurrent terms.
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23 November 1987 |
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Convictions based on inadmissible hearsay and insufficient evidence were quashed and sentences set aside.
Criminal appeal – conviction unsupported by evidence – reliance on hearsay regarding possession of stolen property – inadmissibility and insufficiency of evidence to prove guilt beyond reasonable doubt.
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23 November 1987 |
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The respondent, possessing keys and failing to pay rent, cannot recover renovation expenses from the owner.
* Contract/Tenancy – possession by keys – liability for rent where party has access but does not occupy.* Restitution/Unjust enrichment – recovery of renovation expenses by occupant who held keys but failed to pay rent.* Appeal – factual and legal correctness of primary court findings; reversal by district court held to be erroneous.* Relief – inappropriate order for resumption of possession where suit not for vacant possession.
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23 November 1987 |
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Conviction quashed where appellant was substituted and convicted without being properly charged; compensation order also invalid.
Criminal procedure – substitution of accused mid-trial; requirement that charge be read and explained; conviction quashed where accused not properly charged. Magistrates' Courts Act 1984 s.7(2) – assessors' opinions required for compensation. Appeals under Magistrates' Courts Act s.20(1)(a) – only convicted person may appeal to district court; complainant should pursue civil suit for compensation.
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23 November 1987 |
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20 November 1987 |
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Conviction cannot stand when based solely on accomplice/defence evidence without independent corroboration.
* Criminal law – Conviction on defence/accomplice evidence – Accomplice evidence cannot be sole basis for conviction without corroboration; burden of proof remains with prosecution; hearsay inadmissible as basis for conviction.
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19 November 1987 |
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Appellant breached a building contract by not following plans and boundaries; appeal dismissed and advance repayment upheld.
Contract law – building contract – failure to follow approved plans and boundary beacons – breach of contract; remedy of repayment of advance; procedural fairness – opportunity to call witnesses.
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17 November 1987 |
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Conviction for arson cannot rest on suspicion alone; absence of material evidence warranted quashing the conviction.
Criminal law – arson – conviction based on suspicion – suspicion alone insufficient for conviction – need for material or corroborative evidence – revisional court quashes conviction lacking sufficient evidence.
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17 November 1987 |
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A valid will appointing an executor must be upheld unless the applicant proves undue influence or invalidity.
* Succession and administration – Letters of administration – Effect of a valid will appointing an executor – Will to be given effect unless shown to be invalid by undue influence or other grounds.
* Civil procedure – Appointment of administrator – Court must consider testamentary dispositions and interests of heirs when appointing executor or administrator.
* Evidence – Allegation of undue influence requires proof; mere assertion insufficient to displace a declared will.
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16 November 1987 |
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Village council’s reallocation of an allotted plot without notice to the absent allottee was invalid; original allottee retains title.
Land allocation – village council reallocation without notice; revocation of allotment; absent allottee (military service); requirement to give opportunity before reallocation; proprietary rights retained by original allottee.
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13 November 1987 |
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Application for stay of execution wrongly founded on Judicature Ordinance instead of Civil Procedure Code and dismissed with costs.
Civil procedure – stay of execution – application improperly founded on Judicature and Application of Laws Ordinance s.2(1) where Civil Procedure Code applies; Magistrates' Courts Act – district court supervisory/revisional powers to suspend execution pending appeal or revision; appellate judgment remains that of the appellate court.
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12 November 1987 |
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Appellant cannot alter claim on appeal to seek specific performance where lower courts found the contract fulfilled; appeal dismissed.
* Contract — sale and supply of goods — no specifications agreed — delivered goods held to conform to contract.
* Remedies — refund versus specific performance — purchaser cannot demand new manufacture where no specifications existed.
* Appeal law — limits on altering the nature of claim on appeal; effect of failure to cross-appeal.
* Costs — appellate review of transport-cost award between Primary and District Courts.
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10 November 1987 |
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Gearbox reliably identified; convictions upheld, five-year minimum sentence inapplicable and reduced to one year.
Criminal law – stealing by servant; receiving stolen property; identification of stolen goods by a regular mechanic; proof of ownership; sentencing – Minimum Sentences Act inapplicability where property belongs to private company; excessive sentence varied.
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9 November 1987 |
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Appeal against careless driving and injury convictions dismissed; sentence adjusted, licence disqualification increased, compensation quashed.
* Road Traffic Act – Careless driving (overtaking) – evidential reliance on sketch plan, skid marks and witness testimony. * Road Traffic Act – Causing bodily injury – sufficiency of witness and medical evidence. * Sentencing – statutory limits for offences under Road Traffic Act; appellate substitution of unlawful sentence. * Licence cancellation/disqualification – statutory period (three years) for specified convictions. * Compensation – requirement for evidential basis and quantification of damages.
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4 November 1987 |
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Conviction for theft quashed where evidence left reasonable doubt about payment and appellant’s bona fide claim of right.
Criminal law – Theft – sufficiency of evidence and proof beyond reasonable doubt; credibility of trial court findings; dispute over payment of compensation and bona fide claim of right; appropriateness of civil proceedings for land/crop disputes.
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4 November 1987 |
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An appeal without a memorandum of appeal is incompetent and must be struck out despite the applicant's death.
Appeal procedure – Competency of appeal – Requirement to file a memorandum of appeal – Effect of failure to file – Application for leave to appeal out of time – Effect of appellant's death – Appeal struck out.
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4 November 1987 |
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Appellant failed to prove waste; lower courts' factual findings upholding the nominated administrator were affirmed and appeal dismissed with costs.
Administration of estates – nomination by head of family; allegation of waste on estate – burden of proof; entitlement to administration – seniority versus nomination; appellate review of concurrent factual findings.
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2 November 1987 |
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Circumstantial evidence and conduct after the loss justified convicting the appellant of theft by servant; five-year sentence upheld.
Criminal law – Theft by servant – circumstantial evidence – recent possession – proof beyond reasonable doubt – inferences from sudden resignation and unexplained expenditure – sentence review.
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2 November 1987 |
| October 1987 |
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Conviction quashed where prosecution failed to prove appellant solely responsible for missing development-levy funds.
* Criminal law – Theft by public servant – Proof of identity and responsibility for missing public funds – Requirement to prove guilt beyond reasonable doubt.
* Evidence – Receipt book allocation and signatures – Proper assessment of documentary and witness evidence (independent witness v. interested witnesses).
* Criminal procedure – Appeal – Quashing conviction where identity of thief is not proved.
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30 October 1987 |
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Court reduced the applicant's seven-year theft sentence to the statutory five years as manifestly excessive.
Criminal law – Theft – Sentencing – Statutory minimum five years where amount exceeds Shs.5,000; first offender – principle of leniency; manifestly excessive sentence – reduction to minimum.
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30 October 1987 |
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Appeal dismissed: appellant unlawfully built a pit-latrine on respondent’s land; demolition ordered.
Land dispute – encroachment – unlawful construction of pit-latrine on neighbour’s land – factual findings supported by evidence – remedy: demolition and removal – appellate confirmation of lower courts’ orders.
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29 October 1987 |
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A divorced spouse may seek custody, maintenance or division of matrimonial property after a decree of divorce.
Family law – Divorce – Timing of orders for maintenance, custody and division of matrimonial assets; Law of Marriage Act 1971, ss.114, 115(1), 125; Application for post-decree relief; Procedural consequence of failing to seek relief on appeal.
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29 October 1987 |
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Prosecution failed to prove beyond reasonable doubt that the accused shot the deceased; key witness absence and hearsay were fatal.
* Criminal law – proof beyond reasonable doubt – necessity of identifying accused as perpetrator of fatal gunshot. * Evidence – hearsay – repetition of an absent witness’s alleged observations inadmissible/unreliable to establish guilt. * Evidentiary duty – failure to call material eyewitness may be fatal to the prosecution’s case. * Forensic/ballistic evidence – absence or insufficiency of forensic linkage undermines conviction.
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21 October 1987 |
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Conviction for theft by public servant quashed where prosecution failed to prove identity of exhibits and burden was wrongly shifted.
Criminal law – Theft by public servant – Burden of proof – Misdirection by trial magistrate in shifting burden to accused – Identification and chain of custody of exhibits – Effect of unchallenged defence/alibi raising reasonable doubt.
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15 October 1987 |
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A district court wrongly set aside a valid will; Primary Court’s finding of testamentary capacity is restored.
Wills – validity and proof; testamentary capacity – evidence of sound mind and knowledge; originality/authenticity of a will; undue influence – burden of proof; appellate review of retrial orders where no serious irregularity shown.
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13 October 1987 |
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Conviction quashed for lack of proof of breaking, inadequate circumstantial evidence, and unproven value of stolen goods.
* Criminal law – Shop breaking and stealing – Essential element of "breaking" under s.296(1) – proof required. * Circumstantial evidence – must be inconsistent with innocence and exclude reasonable alternative hypotheses. * Conviction cannot rest solely on uncorroborated possession evidence without proper analysis. * Proof of value – charge sheet allegation is not evidence; valuation must be proved. * Duty to call available relevant witnesses when their evidence could materially affect the case.
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12 October 1987 |
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Land in Tanzania must be developed to attract legal protection; absentee owners who merely allocate land lose possessory rights.
* Land law (Tanzania) – possession requires development – absentee or "sleeping" landlord not protected
* Possession – clearing and cultivating pori (bush) as evidence of exercise of possession
* Allocation vs development – holding land for distribution does not sustain possessory rights
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8 October 1987 |
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An appellant seeking repossession must pay compensation for respondent’s unexhausted improvements after long, peaceful occupation.
* Land law – long possession and improvements – compensation for unexhausted improvements required on dispossession
* Evidence – lack of proof of prohibition against planting permanent crops
* Civil appeal – appellate endorsement of District Court’s compensation award
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8 October 1987 |
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The applicant was allowed to defend summary judgment where a bona fide limitation defence raised a triable issue.
Civil procedure – summary judgment (Order 35 R.2(2)) – defendant permitted to defend where a bona fide triable issue is shown – plea of limitation can defeat summary judgment – corporate liquidation and corporate existence in suits – security/payment into court seldom required.
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5 October 1987 |
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Conviction based solely on co-accused’s hearsay and uncorroborated evidence is unsafe and quashed.
* Criminal law – Evidence – Hearsay – Out-of-court statements of co-accused inadmissible to convict another accused.
* Criminal law – Accomplice evidence – Statements or evidence of a co-accused require corroboration before supporting conviction.
* Evidence – Identification – Absence of signature identification on document weakens prosecution case.
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5 October 1987 |