|
Citation
|
Judgment date
|
| November 1999 |
|
|
High Court quashed unclear lower judgments and ordered a de novo hearing in the land ownership dispute.
Civil procedure – inadequate or vague trial record – judgment without sufficient reasons – locus in quo inspection insufficient to prove title – evidence outside trial record inadmissible on appeal – quashing of proceedings and order for de novo hearing.
|
23 November 1999 |
(From original Criminal Case Number 15 of 1977 before the District Court at Nachingwea, J.K.A. Khaliki, Esq., PDM.) Evidence-Witness of tender age - No corroborated evidence — Whether conviction may stand on evidence of witness of tender age without corroboration. Evidence - Witness oftender age — No voire dire whether that is an irregularity — Whether curable irregularity/defect section 381(1) Criminal Procedure. Criminal law - Offence ofdefilement - Accused 64 years old - Whether accused may commit the offence |
22 November 1999 |
|
A daughter has inheritance preference over a grandson, but a grandson who improved land may force redemption by compensation.
Family land dispute – customary inheritance – preference of daughter over grandson; occupation and improvement – equitable right to compensation; adverse possession – period insufficient to extinguish heir’s redemption right; compensation to be assessed by Primary Court; conditional redemption and transfer on default.
|
16 November 1999 |
|
Conviction under wrong Penal Code section quashed where Primary Court lacked jurisdiction to try the correct offence.
Criminal law — possession of property reasonably suspected to be stolen (s.312(1)(b) P.C.) — distinction from receiving/retaining stolen property (s.311(1) P.C.); jurisdiction — Primary Courts lack jurisdiction to try s.312(1)(b) offences; appellate powers — unlawful to substitute conviction with an offence outside trial court’s jurisdiction; quashing conviction and discretion on retrial; disposal of found property.
|
10 November 1999 |
|
Second appellate court upholds dissolution, property award and consolation payment; appeal dismissed for insufficient factual challenge.
Family law – dissolution of marriage – factual findings on breakdown of marriage; Division of matrimonial property – ownership of house; Consolation payment (kifuta jasho) – s.114(2)(a) Law of Marriage Act 1971; Second appeal – limited review on questions of fact; Insufficient evidence – alleged misappropriation of joint funds.
|
4 November 1999 |
|
Appellant's dangerous-driving conviction quashed where evidence showed reasonable avoidance and accidental death due to cyclist's sudden turn.
Criminal law – causing death by dangerous driving – standard of the reasonable prudent driver – necessity to prove dangerous manner of driving beyond reasonable doubt – evidentiary value of skid marks and vehicle inspection – accidental death attributable to third party’s sudden negligent movement.
|
1 November 1999 |
| September 1999 |
|
|
Convictions based solely on repudiated, uncorroborated caution statements and weak circumstantial evidence are unsafe.
* Criminal law – caution statements – repudiated cautions – necessity of independent corroboration before conviction. * Criminal law – circumstantial evidence – requirement that circumstantial case be watertight. * Evidence – inconsistency in description of alleged stolen property and failure to call key witness render conviction unsafe.
|
13 September 1999 |
|
Eyewitness and corroborative recovery evidence sustained burglary convictions and lawful five-year minimum sentences; appeal dismissed.
* Criminal law – Burglary and felony – Sufficiency of evidence – Eyewitness identification and circumstantial evidence – Tracing and recovery of stolen items.
* Evidence – Admissibility and probative value of information from an extrajudicial statement (Exhibit P5) when declarant is not called – corroboration by investigating officer and recoveries.
* Sentencing – Minimum Sentences Act, 1972 – five-year custodial sentence lawful where value of stolen property exceeds shs 5,000/=
* Appeal – Conviction and sentence sustainable where evidence is corroborative and unshaken.
|
8 September 1999 |
|
Sending the animal to a relative and leaving the village supported conviction for theft; five-year sentence upheld.
Criminal law – Theft (cattle theft) – Circumstantial evidence – Sending allegedly stolen animal to a relative and departing supports inference of guilty intention; hearsay corroborated by conduct – Sentence (minimum term) affirmed.
|
7 September 1999 |
|
Conviction quashed where identification unreliable, key witnesses absent, and claim-of-right defence unheeded.
Criminal law – robbery with violence – burden of proof beyond reasonable doubt – unreliable identification by blind complainant – failure to call/arresting witnesses – defence of claim of right – insufficiency of evidence – conviction quashed.
|
1 September 1999 |
| August 1999 |
|
|
Reliable identification and recent-possession evidence upheld convictions for theft and receiving stolen property; appeals dismissed.
* Criminal law – Identification evidence – Witness familiarity and torchlight supporting reliable identification of accused persons at night. * Criminal law – Receiving stolen property – Recent possession, inability to explain, and owner’s identification sufficient to infer knowledge. * Evidentiary proof of property identity – quality/appearance evidence of stolen goods. * Sentence – court found sentences not excessive.
|
16 August 1999 |
|
Ownership disputes over land are for civil courts; lack of eyewitness evidence justified the respondent's acquittal.
Criminal law — Arson (s.321 Penal Code) — Ownership dispute over land — Ownership matters are civil issues and should not be decided in criminal trials — Acquittal where no eyewitness evidence and ownership contested.
|
4 August 1999 |
| July 1999 |
|
|
The applicant's theft conviction quashed because circumstantial evidence failed to prove guilt beyond reasonable doubt.
Criminal law – Theft; Circumstantial evidence – proof beyond reasonable doubt; Identification of stolen property; Unreliable informer; Conviction unsafe where essential links are not proved.
|
28 July 1999 |
|
Failure to frame issues at first hearing renders the trial null and void; matter ordered for de novo trial.
Civil Procedure – Order XIV Rule 1(5) – Framing of issues at first hearing is mandatory; failure renders trial null and void – Remedy: quash proceedings and order de novo trial before another magistrate – Procedural fairness in estate/ownership disputes.
|
22 July 1999 |
|
Applicants seeking pauper status for a representative suit must prove the organisation and members cannot pay; appeal dismissed.
Court fees — Pauper applications — Representative suits — Financial inquiry must include organisation and members’ capacity — Court Fees Rules 1964, Rule 8(1) — Insufficiency of historical audit report as proof of current inability to pay.
|
20 July 1999 |
| June 1999 |
|
|
Use of public funds by an employee without consent, even to cover unpaid salary, constitutes theft; conviction upheld, sentence reduced.
* Criminal law – Theft by public servant – Misappropriation of public funds collected in official capacity – s. 258(1) and (2)(e) Penal Code. * Defence of unpaid salary/claim of right – not a lawful defence to conversion of employer’s/public funds absent consent. * Sentencing – appellate reduction of an excessive term in light of mitigation.
|
28 June 1999 |
|
Arson conviction quashed where no eyewitness, key accuser not called, and evidence amounted to mere suspicion.
Criminal law — Arson — Conviction quashed where no eyewitness saw accused commit arson; alleged identifying witness not called — Hearsay evidence and uncorroborated statements insufficient — Identification at night requires caution (Waziri Amani principles) — Conviction cannot rest on mere suspicion.
|
2 June 1999 |
| May 1999 |
|
|
Possession of an elephant carcass proved by proximity and matching traps; statutory 20-year minimum sentence upheld.
Wildlife Conservation Act – unlawful possession of government trophy (elephant carcass) – possession inferred from proximity and matching trapping implements; Economic and Organized Crimes Control Act – offence as economic crime; statutory minimum sentence – amended s.67(2) prescribes 20 years mandatory imprisonment.
|
31 May 1999 |
|
Accused acquitted of murder because visual identification evidence was unreliable and alibi was accepted.
* Criminal law - murder - visual identification evidence - reliability and cautionary rule; necessity for identification evidence to be 'absolutely watertight' before conviction.
* Criminal procedure - identification parade - risk of contamination where witnesses and accused are detained together before parade.
* Evidence - factors affecting identification reliability: poor lighting, distance, terror, intoxication, inconsistent statements, post-event suggestion.
|
20 May 1999 |
| April 1999 |
|
|
Court upheld convictions based on credible caution statement and participation under ss.22–23, but set aside mandatory sentence for a minor.
Criminal law – cattle theft – participation by persons who advise, assist, or sell proceeds of theft – liability under ss.22 & 23 of the Penal Code; admissibility and voluntariness of caution statements; application of Minimum Sentences Act and minor exemption.
|
12 April 1999 |
|
Prosecution failed to prove malice; self‑defence accepted resulting in manslaughter conviction and ten‑year sentence.
Criminal law – murder v manslaughter – malice aforethought – burden on prosecution to prove intent beyond reasonable doubt – self‑defence as partial justification – effect of absent/uncalled eyewitnesses – intoxication and excessive force in mitigation/sentencing.
|
12 April 1999 |
| March 1999 |
|
|
Militiamen exercising police functions count as police officers; obstruction conviction and 12‑month sentence upheld.
Criminal law – Obstruction of police officer – Definition of "police officer" – Section 2 Criminal Procedure Act 1985 treats People's Militia exercising police functions as police officers – Conviction and 12‑month sentence for willful obstruction upheld.
|
15 March 1999 |
|
An appellate court cannot substitute theft for robbery post-trial; Minimum Sentences Act did not apply to owner-entity.
Criminal law – Appeal and revision – Improper substitution of conviction from theft to robbery; ingredients of robbery must be pleaded and proved; appellate courts cannot convict of a more serious offence post-trial. Sentencing – Minimum Sentences Act 1972 – definition of "specified authority" (s.3(h)) and inapplicability where entity is not a body corporate established by or under written law.
|
3 March 1999 |
|
Reported
Islamic Law - Administration of Estates - Deceased professed Islam until he died intestate - Law applicable in distributing his estate.
Islamic Law - Inheritance - Children born out of wedlock - Whether a child born out of wedlock can inherit deceasedfather s estate.
Islamic Law - Administration of Estates - Assessment ofthe widows “thumni ” — Whether the court should take into consideration the extent of the widows active participation in running the deceased’s shop.
|
2 March 1999 |
| January 1999 |
|
|
Court varied matrimonial asset division because outstanding mortgage threatened appellant’s shelter and respondent’s cash award was inadequate.
* Family law – division of matrimonial property – assets acquired during marriage divided after dissolution – homemaker’s contribution and difficulty of quantification.
* Property law – effect of outstanding mortgage on fair division of matrimonial assets – risk of bank sale may warrant variation of award.
* Equity and fairness – courts may vary appellate divisions to secure reasonable shelter for elderly parties.
|
1 January 1999 |