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Citation
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Judgment date
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| November 2006 |
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27 November 2006 |
| September 2006 |
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Land disputes instituted after the 2002 Act must proceed through statutory land dispute fora, not the Primary Court.
Land law – Jurisdiction – Land Disputes Courts Act 2002 – Claims instituted after Act's commencement must be heard by Village Land Council/statutory land dispute fora; Primary and District Court proceedings in such matters are null and void.
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7 September 2006 |
| August 2006 |
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(From the decision of the High Court of Tanzania at Mbeya, Mmilla, J., dated 2 December 2003, Criminal Appeal number 65 of 2000) Criminal Law — Attempted rape - Essential elements ofthe offence of attempted rape. Criminal Practice and Procedure - Charges - Charge of attempted rape - Particulars ofthe charge not disclosing an essential element ofthe offence charged - Charge incurably defective. Criminal Practice and Procedure — Appeals - Second appeal to the Court of Appeal - Whether the Court on a second appeal may interfere with concurrent findings of fact by the Courts below. Criminal Practice and Procedure — Trials — Fair trial — Minimum standards to ensure a fair trial. Evidence - Credibility of evidence — Attempted rape — Complainant’s evidence in Court contradicting her account given to another prosecution witness at the scene of crime - Whether her evidence is credible - section 27(7) of the Evidence Act. |
31 August 2006 |
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Conviction for unlawful firearm possession quashed due to insufficient and circumstantial evidence creating reasonable doubt.
Criminal law – unlawful possession of firearm – sufficiency of circumstantial evidence – constructive/actual possession – reasonable doubt – effect of charging under repealed statute where new Act contains similar provisions.
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30 August 2006 |
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Conviction overturned where firearm found in accessible homestead location without proof linking it to the appellant.
* Criminal law – unlawful possession of firearms – sufficiency of evidence: recovery of firearm from an accessible place in the homestead does not alone prove possession beyond reasonable doubt; * Evidentiary issues – contradictions as to recovery location and lack of identification of ownership of items wrapping the firearm undermine prosecution case; * Statutory interpretation – charge under repealed ordinance not fatal where successor Act contains equivalent offence; * Assessment of conduct – accused's voluntary attendance at police relevant to credibility/culpability.
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30 August 2006 |
| July 2006 |
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Contradictory prosecution evidence made identification unsafe; appellant’s conviction for shop-breaking was quashed and sentence set aside.
Criminal law – shop-breaking and stealing – identification and possession evidence – contradictions in prosecution witnesses – safety of conviction – appeal; conviction quashed.
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23 July 2006 |
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A conditional auction sale became rescinded where the principal (TRA) prevented payment and delivery and was held liable for refund and damages.
Sale of Goods Act – agreement to sell versus sale; auction law – fall of hammer and conditional contracts; agency – auctioneer as agent and principal’s vicarious liability; breach of contract – prevention of performance and remedies (rescission, refund, damages); mitigation of loss and assessment of general damages.
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20 July 2006 |
| June 2006 |
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A trespass conviction is upheld where prior civil judgments established ownership and the accused's presence was uncontradicted.
Criminal trespass – evidence – uncontradicted eyewitness testimony; Land ownership – conclusiveness of prior civil judgments; Failure to raise point at trial – consequences; Conviction upheld where accused had no colour of right to enter land.
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20 June 2006 |
| May 2006 |
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An appeal filed beyond the statutory 30 days without a valid extension is incompetent and must be quashed.
Limitation of appeals – Magistrates’ Court Act s.20(3) and s.20(4)(a) – validity of application for extension of time – requirements for reasons, fees and court endorsement – incompetence of time-barred appeal – power of court to raise limitation suo motu.
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4 May 2006 |
| April 2006 |
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The appellant’s rape conviction was upheld; a 30-year sentence was replaced by mandatory life imprisonment.
* Criminal law – Rape – proof of penetration – slight penetration sufficient under s.130(4)(a).
* Evidence – Child witnesses – failure to conduct proper voir dire reduces evidence to unsworn status and generally requires corroboration.
* Evidence – Corroboration – testimony of family members is not automatically inadmissible nor requires corroboration absent suggestion of collusion.
* Evidence – Medical report (PF.3) admissibility where examining doctor not called but no objection was raised at trial.
* Sentencing – Mandatory life imprisonment for rape of a girl under ten (s.131(3)).
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24 April 2006 |
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Appellate court reduced award to Tz Shs 267,444, finding trial court failed to reconcile documentary evidence.
Debt recovery – reconciliation of pleadings and documentary exhibit; quantification of debt from written undertaking (Exhibit A); agreed interest versus original loan terms; inadmissible/unproven set-off; appellate power to re-examine findings where trial court fails to reconcile material documents.
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20 April 2006 |
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12 April 2006 |
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High Court dismissed duplicate application as incompetent; matter already finally decided by same court, appeal lies to Court of Appeal.
Criminal procedure – duplicate/identical applications – competence of court to rehear a matter already determined by same court; finality of High Court rulings; remedy is appeal to Court of Appeal; leave to appeal out of time may be refused if appeal lacks merit.
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10 April 2006 |
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Conviction quashed where identification parade and alleged confession were improperly conducted and admitted.
Criminal law — Identification parades — Compliance with Police General Orders No. 231; admissibility of identification evidence. Criminal procedure — Admission of caution/confession statements in subordinate courts — duty of trial magistrate to inquire into circumstances when objection raised; voluntariness and rights explained. Evidence — Sufficiency of evidence and risk of conviction based on improperly corroborated identification or disputed confession.
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10 April 2006 |
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The appellant's conviction was quashed because night-time identification and doubtful corroboration rendered the conviction unsafe.
* Penal law – Arson – Conviction based on night-time identification – need for descriptive particulars and source of light.
* Evidence – Identification – night-time identification is weak and requires caution (Waziri Amani principle).
* Evidence – Corroboration – alleged out-of-court confession and eyewitness corroboration treated as hearsay absent produced exhibits or proof of mental soundness.
* Evidence – Failure to produce physical exhibits undermines corroboration.
* Criminal procedure – Adverse inference from silence inappropriate where primary evidence is unsafe.
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10 April 2006 |
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Conviction overturned due to unreliable night identification and uncorroborated hearsay evidence.
Criminal law – arson; identification evidence at night – requirements for descriptive particulars and light source (Waziri Amani); corroboration versus hearsay; failure to produce alleged exhibits; adverse inference from silence.
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10 April 2006 |
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Conviction for receiving stolen property quashed due to insufficient evidence and possible coerced confession.
Criminal law – alternative verdicts (s.306(1) Cr.P.A.) – receiving/retaining stolen property (s.311) – burden of proof and reasonable doubt – failure to call investigating officers or produce inventories – reliability of confession and alleged coercion – mandatory minimum sentence set aside.
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10 April 2006 |
| March 2006 |
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Nighttime identification without supporting exhibits was unsafe; conviction quashed and sentence set aside.
Criminal law — Identification evidence — Nighttime/poor visibility identifications; corroboration — failure to produce seized exhibits as evidence; safety of conviction; appellate review of identification reliability.
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21 March 2006 |
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Conviction for armed robbery upheld based on credible identification, recent possession and corroborative evidence.
* Criminal law – Armed robbery – Identification at night – reliability where electric light and prior acquaintance exist; corroboration by independent witnesses. * Criminal procedure – Trial in absence – s.226 Cr.P.A. – lawful where accused escaped custody and did not show good cause. * Evidence – Recent possession doctrine; admissibility and probative value of caution statements and preliminary admissions. * Evidence – Seizure and identification of stolen property; procedural objections insufficient when possession and identification are clear.
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20 March 2006 |
| February 2006 |
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Appellant’s conviction quashed for admitting PF.3 without informing accused of right to summon doctor and failing in‑camera child protections.
Criminal law — sexual offences against children — admissibility of medical report (PF.3) — duty to inform accused of right to summon/report author (s.240(3) Cr.P.A.) — incurable omission (s.399(1)) — requirement to try child sexual‑offence cases in camera — sufficiency and corroboration of child’s unsworn evidence.
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28 February 2006 |
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28 February 2006 |
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A voluntary repudiated cautioned confession corroborated by independent evidence supported a murder conviction and death sentence.
Criminal law – Murder (s.196 Penal Code) – Repudiated cautioned statement – admissibility and voluntariness – corroboration of retracted confession – post‑mortem evidence – proof of malice aforethought – assessment of defences (provocation, intoxication).
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23 February 2006 |
| January 2006 |
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25 January 2006 |
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23 January 2006 |