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Citation
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Judgment date
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| November 2022 |
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Appeal allowed: night-time visual identification found unreliable, conviction for armed robbery quashed.
Criminal law – Armed robbery – Visual identification at night – Application of Amani Waziri principles; witness must detail source/intensity of light, proximity, duration and familiarity; unsafe identification renders conviction unsustainable.
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30 November 2022 |
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High Court granted leave to appeal on jurisdiction and several arguable land-law issues, but refused an afterthought failure-to-implead ground.
Appellate procedure – leave to appeal under s.5(1)(c) AJA – requirement of issues of general importance, novel law, or prima facie/arguable appeal. Land law – trespass on unsurveyed land and proof of ownership. Property law – effect of title/COT and allegedly misleading information in tribunal findings. Evidence/procedure – raising new grounds or new evidence on appeal; afterthoughts not to be certified. Jurisdiction – jurisdictional challenges are fundamental and may be raised at any stage.
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30 November 2022 |
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Applicant charged with grievous harm granted bail under s.148 CPA subject to sureties, travel restrictions, and a valuation report.
Criminal procedure – Bail pending trial – Application under section 148 Criminal Procedure Act – bail a statutory and constitutional right. Bailable offence – act intended to cause grievous harm (s.222(a) Penal Code). Health of accused as factor supporting bail. Bail conditions – two sureties (TZS 25,000,000 each), passport surrender, jurisdictional restriction, verification by Deputy Registrar, valuation report regarding victim's health.
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30 November 2022 |
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An equivocal guilty plea and ambiguous charge warranted quashing conviction and ordering a retrial.
Criminal procedure – Equivocal/ambiguous guilty plea – Duty of magistrate to explain and elicit accused’s admission in own words – Defective/ambiguous charge failing to disclose ingredients of cattle theft – Remedy: quash conviction and order retrial (trial de novo).
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30 November 2022 |
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Non-joinder of the land-allocating authority vitiated proceedings and required remittal for retrial after joinder.
Civil procedure – Joinder and necessary parties – Order 1 Rules 3 and 10(2) CPC – land allocating authority as necessary party; Land law – disputes over allocation/survey – relevance of municipal records to title; Remedy – remit for retrial de novo where necessary party omitted.
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30 November 2022 |
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Non‑joinder of the municipal allocating authority vitiated the DLHT proceedings and required remittal for retrial.
Civil procedure – non‑joinder of necessary party – municipal authority that surveyed and allocated land must be joined where its presence is necessary for effective adjudication; remedy is remittal for retrial. Land law – allocation and survey records as central to ownership disputes. Order 1 Rules 3 & 10(2) CPC – scope and effect of joining necessary parties.
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30 November 2022 |
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Broken chain of custody and exhibit discrepancies undermined prosecution; conviction and sentence quashed.
Criminal law – Narcotic trafficking – Chain of custody – Proper recording, seizure, custody, transfer and analysis of exhibits – Missing or inconsistent exhibit documentation and counts – Benefit of doubt – Conviction quashed.
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30 November 2022 |
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An appellate court’s decision on an unframed issue without hearing parties is a nullity and requires remittal.
Civil procedure — Appellate tribunal raising and deciding an unframed issue suo motu — audi alteram partem — decision without hearing is a nullity. Land law — adverse possession — an issue affecting title must be framed and parties heard. Remedy — nullification and remittal for fresh determination on properly framed issues.
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30 November 2022 |
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Termination was unfair where employer failed to prove involvement and denied opportunity to challenge the investigation report.
Labour law – Unfair dismissal – Substantive and procedural fairness – Employer must prove involvement in misconduct on balance of probabilities; investigation report must be tendered at disciplinary hearing to allow cross-examination; failure renders termination unfair.
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30 November 2022 |
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Affidavit containing contradictions and legal argument breached Order XIX Rule 3(1) CPC; application struck out with costs.
Civil Procedure — Affidavit requirements — Order XIX, Rule 3(1) CPC — Affidavit must be confined to facts within deponent’s knowledge; legal arguments, prayers, hearsay or false/contradictory statements render affidavit incurably defective — Incompetence of chamber summons lacking valid supporting affidavit (Order XLIII, Rule 2).
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30 November 2022 |
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Delay in obtaining trial documents and prison transfers constituted sufficient cause to extend time to appeal.
Criminal procedure — extension of time to appeal — sufficient cause — delay in supply of judgment and proceedings — prisoner transfers hindering access to records — applicant diligence — Mary Kimaro precedent.
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30 November 2022 |
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Disposition of village land requires written proof; oral sale evidence insufficient and DLHT decision quashed.
Land law – village land – disposition of customary right of occupancy – s.64(1)(a) Land Act: writing requirement for enforceability; Village Land Act s.8 and s.30 – notification to village council; burden of proof in civil claims – Evidence Act principles; oral sale unsupported by documentary evidence insufficient.
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30 November 2022 |
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Appeal allowed where contradictory arrest evidence and a broken chain of custody defeated proof beyond reasonable doubt.
Criminal law – Wildlife offences – unlawful possession of government trophies – whether prosecution proved offence beyond reasonable doubt. Evidence – witness credibility – contradictions among arresting officers. Evidence – identification and chain of custody – marking, documentation, transfer and storage of exhibits. Procedure – compliance with search/seizure requirements (section 38(1) CPC) and effect of procedural irregularities on admissibility.
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30 November 2022 |
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Conviction for statutory rape quashed where victim’s age and mandatory s.127(2) promise were not proved.
Criminal law – statutory rape – age of child is an essential ingredient and must be proved; Evidence Act s.127(2) – child of tender age must promise to tell the truth before testifying; non-compliance renders the evidence of no evidential value; Conviction unsafe where crucial child evidence is expunged and no corroboration exists.
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30 November 2022 |
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Res judicata bars re-litigation of land ownership previously decided by a Primary Court; DLHT decision set aside.
Civil procedure — Res judicata (section 9, Civil Procedure Code) — Prior Primary Court probate judgment final and unchallenged — Re-litigation before DLHT barred; DLHT proceedings set aside.
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30 November 2022 |
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Retried ordered where Ward Tribunal proceedings were nullified for improper coram; each party to bear own costs.
Land law – Ward Tribunal coram – invalid proceedings due to improper constitution; Appeal – DLHT nullification of Ward Tribunal proceedings; Remedy – retrial ordered where trial was illegal or defective; Principles for ordering retrial – interest of justice, not for filling evidential gaps.
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30 November 2022 |
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Appeal struck out for being filed outside the 45‑day statutory period without an extension.
Criminal procedure – Time limits for filing notice and petition of appeal – Petition of appeal to be filed within 45 days from judgment/sentence – Court’s discretion to extend time for good cause. Competency of appeal – Preliminary objection for being out of time – Appeal struck out where no valid extension granted. Prisoner/third-party delay – delay attributable to prison authority does not validate late filing absent extension.
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30 November 2022 |
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Ward Tribunals lost jurisdiction to determine land disputes after the statutory amendment; post-amendment decisions are nullities and appeal dismissed.
Land Disputes Courts Act s13 amendment; Ward Tribunal jurisdiction removed; commencement by Gazette publication; post-amendment adjudications void for want of jurisdiction; nullity of derived DLHT decisions; appeal dismissed.
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30 November 2022 |
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Occupier owed duty to visitor but not to foresee/protect large undisclosed cash; specific theft award set aside.
Occupiers' liability – common duty of care – scope limited by foreseeability and reasonableness; occupier not automatically liable for theft by third parties of large undisclosed sums. Evidence – civil standard (balance of probabilities) requires consistency and credible proof of amounts alleged. Civil procedure – Order XX Rule 5 breach (failure to decide an issue) may be harmless if no material exists to decide it. Stamp Duty Act – settlement appearing on court record and bearing stamp not excluded for lack of stamp duty.
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29 November 2022 |
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Applicants failed to comply with court order and cited the wrong law; application for extension was struck out with costs.
Civil procedure — extension of time to file notice of appeal — proper enabling provision required; Wrong citation of law (Law of Limitation Act vs Appellate Jurisdiction Act/section 93 CPC) renders application incompetent; Non‑compliance with court order to refile within 30 days; Defective affidavit (not duly sworn/affirmed by all applicants) — abuse of court process; Preliminary objection sustained, application struck out with costs.
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29 November 2022 |
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Prison transfers and lost communication can amount to sufficient cause for extension to file an appeal.
Criminal procedure – extension of time to file appeal – sections 361(2) and 392A(2) CPA – sufficient cause test – transfers between prisons and loss of communication with relatives may constitute sufficient cause – court’s discretionary power to set extended filing periods.
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24 November 2022 |
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24 November 2022 |
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Delay awaiting certified copies excused; extension to lodge appeal granted as applicant showed good cause.
Civil procedure – extension of time/condonation under s.41(2) LDCA; Limitation – exclusion of time awaiting certified copies under s.19 Law of Limitation Act; Duty to apply promptly and demonstrate diligence; Proof and credibility of requests for judgment copies.
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24 November 2022 |
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The accused convicted of intentionally causing grievous harm by amputating a finger; identification and common intention upheld.
Criminal law – Acts intended to cause grievous harm (s.222(a) Penal Code); Medical evidence (PF3) confirming amputation and grievous injury; Visual identification at night — reliability and Waziri Amani criteria; Identification of known persons — identification parade not required; Common intention and joint liability (ss.22, 23 Penal Code).
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24 November 2022 |
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Application for judicial review dismissed as instituted out of time without the mandatory six‑month leave.
Judicial review – leave to apply – Rule 6 GN No.324/2014 – six‑month time limit – failure to apply within six months without leave renders application incompetent and liable to dismissal; preliminary objection on limitation is a pure point of law.
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23 November 2022 |
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Objections requiring factual investigation are not preliminary objections and were dismissed; appeal proceeds.
Civil procedure — preliminary objections — must raise pure points of law and not require factual inquiry (Mukisa Biscuits test). Locus standi — entitlement to claim land depends on factual proof of identification and possession. Joinder of necessary party — whether an estate administrator must be joined requires factual determination and cannot be disposed of by preliminary objection.
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23 November 2022 |
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Both appeals dismissed: criminal transfer claim overtaken by statute allowing advocates in primary courts; customary title upheld on land appeal.
Criminal procedure – transfer of criminal case – right to legal representation – Written Laws (Miscellaneous Amendment) Act No.5 of 2021, s.33(4) permits advocates to appear in primary courts presided by resident magistrates; amendment applicable to pending matters. Statutory interpretation – retrospective operation – procedural amendments prima facie operate retrospectively unless they affect substantive rights. Land law – customary right of occupancy – certificate of customary title constitutes a registrable interest; holder (or successor) has locus to sue for trespass. Appellate review – concurrent findings of fact by lower courts will not be disturbed absent misapprehension, misdirection or failure to consider material evidence.
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23 November 2022 |
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22 November 2022 |
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Court declined to dismiss the applicant's suit for counsel's absence but ordered the applicant's advocate to pay punitive costs.
Advocates' professional duties — absence from court — adequacy of excuse; Civil Procedure Order VIIIB r.17(3) — discretion to dismiss or make other orders; sanctioning advocates personally by punitive costs for unnecessary adjournment.
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21 November 2022 |
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Prisoner granted 21-day extension to lodge late appeal due to transfer, communication difficulties, and hardship.
Criminal procedure — Extension of time to appeal under section 361(2) CPA — "Good cause" is fact-specific; prisoner transfers and communication difficulties can justify delay; practical impossibility of obtaining prison officers’ affidavits; beneficiary principle for incarcerated applicants.
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18 November 2022 |
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Appeals from Ward Tribunals must be filed via the District Land and Housing Tribunal; direct High Court filing is incompetent.
Land law — Appeals — Competence of appeals from Ward Tribunal — Section 38(2) Land Disputes Courts Act requires petition filed in District Land and Housing Tribunal; section 38(3) mandates dispatch of petition and record to High Court — "shall" construed as mandatory under Interpretation of Laws Act — direct filing to High Court fatally irregular; appeal struck out.
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18 November 2022 |
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Appellate court nullified trial judgment and remitted the matrimonial matter for proper determination of maintenance and other issues.
Family law – matrimonial proceedings – divorce – necessity for judicial analysis under section 107 of the Law of Marriage Act – caution against summary decrees. Civil procedure – duty of trial court to decide all pleaded or contested issues – failure to decide maintenance is a fatal procedural omission. Appeal – remedy where trial court omits determination – nullification and remittal for proper judgment.
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18 November 2022 |
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Appellate court quashed statutory rape conviction for contradictions, non‑production of key witness and insufficient proof.
Criminal law – statutory rape (s.130(1),(2)(e), s.131(3)) – proof beyond reasonable doubt; Evidence – improper tendering of PF3 by prosecutor; Evidence – failure to call available key witness and adverse inference; Criminal procedure – consideration of defence evidence; Sentencing – correct penalty for victim under ten years.
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18 November 2022 |
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Fixed-term contracts expire automatically absent reasonable expectation of renewal; no entitlement to notice-based award.
Employment law – Fixed-term contracts – Automatic expiration under G.N. 42/2007 rule 4(2) – Reasonable expectation of renewal required to convert non-renewal into termination under s.36 ELRA – Notice provisions of s.41 apply to termination on notice, not automatic expiry – CMA award for notice set aside.
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16 November 2022 |
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Primary courts have jurisdiction to determine ownership disputes arising in probate; appeal dismissed with costs.
Probate jurisdiction – Primary Court authority under Rule 8(d), G.N. 49/1971 – power to determine questions as to deceased’s property arising in probate. Probate procedure – where ownership of estate property is disputed, probate court may resolve ownership; interested parties may sue or be sued to establish claims. Forum – Primary Courts are proper forum for probate-related ownership disputes; land tribunals not necessarily appropriate when matter is in probate. Authorities – Mgeni Seifu v. Mohamed Yahaya Khalfani; Ibrahimu Kasaga v. Emmanuel Mweta; allied decisions on probate jurisdiction.
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16 November 2022 |
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Written fixed-term contract signed 24 August 2018 governed employment; alleged prior probation and automatic renewal were unsupported and rejected.
Employment law – Fixed-term contract – Commencement and expiry – Written contract governs; undocumented probationary arrangements inadmissible to alter start date – Renewal by default requires continuation beyond expiry – Burden to tender evidence under s.14(2) ELRA.
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16 November 2022 |
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Defective particulars and failure to prove the child's age rendered the attempted rape conviction unsafe.
Criminal law – Attempted rape – Charge particulars must disclose essential ingredients under s.132(1)(2)(a) (intent and threat) – Proof of complainant's age in sexual offences is fundamental – Defective particulars and failure to prove age render conviction unsafe.
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15 November 2022 |
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Court granted extension of time to appeal, finding incarceration and prison‑officer delay constituted sufficient cause.
Criminal procedure – Extension of time to appeal – Judicial discretion – Sufficient cause – Incarceration and prison officer default as grounds – Failure to file counter‑affidavit amounts to self‑denial from being heard.
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14 November 2022 |
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Appeal dismissed: assessors’ opinions were properly taken and pleaded land value conferred tribunal jurisdiction.
Land law – jurisdiction – pecuniary jurisdiction determined by pleaded value; procedure – assessors’ participation and reading of opinions; statutory amendments – temporal application of Miscellaneous Amendment Act No. 5 of 2021; appellate review – inadmissibility of new jurisdictional objections not raised at trial.
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14 November 2022 |
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10 November 2022 |
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Amending framed issues suo motu without hearing parties is an irregularity warranting quashment and retrial.
Civil procedure — Framing of issues — Order VIIIB r.3(4) CPC — Tribunal amending issues suo motu in judgment — Right to be heard — Procedural irregularity amounting to miscarriage of justice — Quashing and remittal for retrial before different chairperson and assessors.
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9 November 2022 |
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Appellant’s challenges to jurisdiction, admissibility and chain of custody failed; conviction for unlawful possession of elephant tusks upheld.
Wildlife offences – unlawful possession of government trophies; jurisdiction of subordinate courts – DPP certificate conferring jurisdiction; Criminal Procedure Act s.210(3) – non‑compliance curable where no prejudice; admissibility of cautioned statements; seizure certificates and recalling witnesses; chain of custody – sufficiency in remote arrest circumstances; independent witness requirement not absolute; proof beyond reasonable doubt.
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9 November 2022 |
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Appeal dismissed: respondent’s registered title and possession deemed superior; appellant failed to prove vendor’s title or necessity of locus inspection.
Land law – proof of title and priority principle – registered certificate and prior possession outweigh later unproven sale. Civil procedure – content of judgment – tribunal’s decision must state issues, findings and reasons but style differences do not invalidate a judgment. Evidence – burden and witnesses – failure to call the vendor weakens purchaser’s claim. Procedure – locus in quo – discretionary and only necessary where conflicting evidence on boundaries or physical features cannot be resolved from records.
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7 November 2022 |
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Statutory rape conviction quashed where prosecution failed to prove the victim's age beyond reasonable doubt.
Criminal law – Rape and statutory rape; necessity of proving penetration beyond reasonable doubt; proof of victim’s age in statutory rape (documentary corroboration preferred); parental testimony alone may be insufficient where contradicting circumstances raise reasonable doubt; contradictions and evidence of victim’s sexual maturity can render conviction unsafe.
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7 November 2022 |
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Applicant's unsupported claim of delayed receipt of judgment failed to justify extension of time; appeal dismissed with costs.
Civil procedure – extension of time – discretionary remedy to be exercised judiciously – applicant must disclose sufficient reasons and show delay was not self-caused; mere assertions without documentary proof (request for judgment, notice of appeal, or complaint) insufficient – Primary Court judgment admitting liability undermines claim of illegality.
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7 November 2022 |
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Court must impose the sentence stated in a valid plea agreement once accepted; trial courts lack discretion to depart from it.
Criminal law – Plea bargaining – Sentencing – Judicial discretion – Section 194D(6) of the Criminal Procedure Act – Court bound by terms of plea agreement – Discretion to sentence ousted by statute upon acceptance of agreement.
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3 November 2022 |
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Appellate court rightly overturned ward tribunal for disregarding admitted title documents; no unfair admission of fresh evidence.
Land law – title by occupation and survey; appellate procedure – reception of additional evidence under s.34(1) Land Disputes Courts Act; evidentiary procedure at Ward Tribunals – admitted documents and requirement to call authorising village official when authenticity disputed; second appeal – scope to re-evaluate findings when lower tribunal misapprehends evidence.
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2 November 2022 |
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Electrification served public interest; plaintiff failed to prove specific damages but awarded TZS 2,000,000 general damages.
Electrification/public interest – village resolution – waiver of compensation – effect on non-registered landowner; Specific damages – requirement to plead and prove with valuation; General damages – token award where loss proved but specific proof lacking; Liability of village council for disturbances caused by electrification works.
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2 November 2022 |
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1 November 2022 |