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Citation
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Judgment date
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| December 2000 |
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Court upheld that disputed land formed part of deceased’s estate but ordered compensation for occupier’s unexhausted improvements.
Land law – succession and estates – whether plot formed part of deceased’s estate – weight of oral evidence and sketch plan; equitable compensation – unexhausted improvements by adverse user; limitation – time began on demand after occupant’s death; adverse possession not applicable.
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21 December 2000 |
| November 2000 |
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9 November 2000 |
| October 2000 |
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Conviction quashed where facial identification was impossible and reliance on clothing and accessories was unsafe.
Criminal law – Identification evidence – Visual identification unreliable where faces concealed and event brief and terrifying; clothing and common items insufficient to ground conviction; identification parade evidence must identify person, not just articles.
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23 October 2000 |
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Court upheld conviction for theft abroad by a Tanzanian citizen, affirmed jurisdiction, but reduced excessive juvenile sentences.
Criminal law — Jurisdiction over offences committed abroad by Tanzanian citizens; evidential weight of foreign police correspondence and recent possession; sentencing — applicability of Minimum Sentences Act to juveniles.
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11 October 2000 |
| September 2000 |
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Civil Practice and Procedure - Execution of Decree - Application for execution of decree —Application for execution made to a magistrate other than the one who passed the decree - Whether the other magistrate may hear and determine the application. Magistrates ’ Court- Jurisdiction - Jurisdiction of District Magistrates - Whether A one district magistrate may overrule another district magistrate. Civil Practice and Procedure - Attachment of Property - Order of attachment and sale of property jointly owned by the judgment debtor and a third party - Whether the property may be attached. |
19 September 2000 |
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The respondent’s ownership upheld; Power of Attorney valid; compensation set aside; eviction deferred six months.
Property/inheritance – sole heir’s right to declaration of ownership; Locus standi – heir and attorney-in-fact; Power of Attorney – registration not required where it does not transfer proprietary rights; Translation/evidence – Swahili translation and embassy endorsement sufficient; Jurisdiction – civil court competent over registered right of occupancy; Limitation – action within twelve-year period; Reliefs – compensation must be substantiated; eviction orders must be reasonable and allow time to relocate.
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4 September 2000 |
| June 2000 |
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Appellate court allowed appeal against office‑breaking and stealing conviction and ordered appellant's immediate release.
Criminal law – office breaking and stealing – appeal against conviction and sentence – appellate court allowed appeal and ordered immediate release; reasons not recorded in extract.
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26 June 2000 |
| May 2000 |
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Conviction unsafe where sole visual identification by a drunk witness at night was unreliable.
* Criminal law – robbery – reliance on single witness’ visual identification at night – risks of mistaken identity and requirement that identification evidence be watertight.
* Visual identification – evidence of intoxication and absence of proven lighting or prior acquaintance undermines reliability.
* Corroboration – boast by third party not sufficient to implicate accused where no link established.
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22 May 2000 |
(An Appeal from Civil Cause No. 20 of 1994, the decision Lindi Resident Magistrate Court dated 2 May 2000) Islamic Law - Wakf — Founder of the Mosque — Whether the founder of the Mosque can dedicate the Mosque. Islamic Law - Wakf- Whether the founder of a Mosque is the owner. Societies Act - Registration of Civil Societies — Bakwata — Registered asa Civil society - Whether its Constitution is enforceable. |
5 May 2000 |
| April 2000 |
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Convictions based on weak circumstantial evidence and inadequate identification were quashed; convictions unsafe and sentences set aside.
Criminal law – robbery with violence – circumstantial evidence – proof beyond reasonable doubt – possession of stolen property – adequacy of identification by owner – reliability of youthful and police witnesses.
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19 April 2000 |
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Medical evidence and credible child testimony upheld conviction for defilement; absence of sperm did not negate penetration.
Criminal law – Defilement of a child – Sufficiency of child testimony and medical evidence; absence of semen not fatal to proof of penetration; expert comparison of infection strains unnecessary; sentence lawful (statutory minimum).
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6 April 2000 |
| March 2000 |
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Finding stolen goods in a warehouse without proof of the accused’s knowledge is insufficient to convict of theft.
* Criminal law – Theft and receiving stolen property – Proof beyond reasonable doubt required; mere discovery of complainant’s bags in accused’s warehouse insufficient to convict without evidence of knowledge or intent.
* Doctrine of Recent Possession – Not applicable where no evidence the accused handled or cleared the cargo and where presence of goods can be explained by handling errors.
* Burden of proof – Rests on prosecution; accused not required to call witnesses unless prosecution establishes facts making such evidence necessary.
* Evidence – Failure to call port/clearance officials can leave fatal gaps and create reasonable doubt.
* Prosecution delay – Long postponement of prosecution may undermine the necessity of criminal proceedings.
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22 March 2000 |
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Circumstantial evidence and witness credibility upheld conviction for neglect to prevent a felony; appeal dismissed.
Criminal law – Neglect to prevent a felony (s383 Penal Code) – Circumstantial evidence and adverse inference – Credibility of witnesses – Conviction upheld despite absence of direct evidence.
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6 March 2000 |
| February 2000 |
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Failure to file court-ordered submissions warrants dismissal for want of prosecution; dismissal of a counterclaim without reasons must be set aside and reheard.
Civil procedure – appeal dismissal for want of prosecution where required written submissions were not filed; Order XX Rule 4 CPC – requirement to give reasons when dismissing a plaint/counterclaim; remedy of setting aside dismissal and ordering de novo hearing; costs to follow the event.
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17 February 2000 |
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The appellant's defilement conviction upheld on child's consistent testimony, medical corroboration and accused's threatening conduct.
Criminal law – Defilement – Evidence of witnesses of tender years – voir dire under s.127 Evidence Act – sufficiency of brief recorded interview; medical (PF3) corroboration; circumstantial evidence and accused’s post‑offence conduct; appellate review of conviction and statutory minimum sentence.
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16 February 2000 |