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Citation
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Judgment date
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| December 2021 |
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30 December 2021 |
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27 December 2021 |
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24 December 2021 |
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24 December 2021 |
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A guilty plea is not unequivocal where the corpus delicti (seized drugs) was not produced or proved.
Criminal law – Trafficking in narcotic drugs – Plea of guilty – Unequivocal plea – Corpus delicti must be proved by production of seized drugs/inventory – Failure to tender exhibits vitiates conviction.
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15 December 2021 |
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Conviction quashed: defective child testimony and fatal inconsistencies left prosecution unable to prove unnatural offence.
Criminal law – Unnatural offence – proof beyond reasonable doubt; evidence of witness of tender age – compliance with s.127(2) Evidence Act; interpreter’s affirmation – sufficiency of record; admissibility and reading of PF3 (exhibit P1); inconsistencies in date and particulars may be fatal to prosecution case.
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15 December 2021 |
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Appellate court set aside acquittal and remitted case after subordinate court failed to explain accused’s section 231(1) rights.
Criminal procedure – section 231(1) Criminal Procedure Act – mandatory explanation of accused’s rights at close of prosecution – failure to explain right to give evidence and call witnesses – fundamental irregularity – vitiation of trial – nullification and remittal for compliance; Sexual offences – proof of penetration and medical evidence (not finally determined on appeal).
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15 December 2021 |
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Whether prosecution proved armed robbery beyond reasonable doubt; conviction upheld on identification, confessions and exhibits.
Criminal law – Armed robbery (s.287A Penal Code) – proof of ingredients; identification evidence – daylight identification and corroboration; cautioned and extra‑judicial statements – admissibility and afterthought objections; medical report and exhibits as corroboration; alibi – notice under s.194 CPA and court's discretion to reject unnotified alibi.
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15 December 2021 |
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Convictions for rape and unnatural offence of a six-year-old upheld; PF3 expunged but oral medical evidence sufficed; life sentence imposed on both counts.
Criminal law – Sexual offences against a child – Rape and unnatural offence – proof of age and penetration; corroboration by medical evidence. Evidence – Improperly admitted documentary exhibit (PF3) expunged but oral medical evidence can still corroborate victim. Identification – Evidence of last person seen with the child sufficient when unshaken. Sentence – Appellate intervention permissible where trial court failed to specify sentence on a convicted count.
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15 December 2021 |
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Appellate court quashed rape/impregnation convictions due to doubts over identification and delayed reporting of the assaults.
Criminal law – Rape and impregnating a schoolgirl – sufficiency of evidence; identification by voice/in darkness; delay in reporting as affecting credibility; PF3 admissibility; DNA not mandatory.
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15 December 2021 |
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High Court granted bail in wildlife possession case, stressing discretion, bailability, and strict conditional safeguards.
Criminal procedure – Bail – Discretionary nature of bail; bail is a right but court may impose conditions. EOCCA & Wildlife Conservation Act – Accused charged with unlawful possession of government trophy; offence held bailable. Procedural – Granting bail where subordinate court lacks jurisdiction; application to High Court under EOCCA and Criminal Procedure Act. Bail conditions – cash deposit or title deeds, sureties with introduction letters, surrender of travel documents, restricted travel, court attendance.
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15 December 2021 |
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Appeal allowed: conviction quashed where evidence showed document alteration, not proven malicious damage.
Criminal law – Malicious damage to property (s.326(1)) – Distinction between destruction/damage and forgery/alteration of documents. Evidence – Documentary exhibits and custody – proof of exclusive access and mode of alleged tampering. Criminal procedure – Consistency between charge and evidence; sufficiency of proof beyond reasonable doubt.
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15 December 2021 |
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Victim’s credible testimony, medical report and accused’s admissions upheld statutory‑rape conviction; appeal dismissed.
Criminal law – Rape – statutory rape requires proof of penetration and age; victim’s testimony may suffice if credible and corroborated by medical report and accused’s admissions; identification at night admissible where witness knew accused and conditions were favourable; hearsay evidence must be treated cautiously but conviction may stand on other admissible evidence; minor variances in particulars not necessarily fatal.
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15 December 2021 |
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Appellant breached an oral lease; respondent proved damages and the Tribunal's decision was upheld on appeal.
Land law – breach of oral lease – liability for premature eviction and assessment of damages. Evidence – admissibility and probative value of documentary exhibits; role of reading exhibits into record. Civil procedure – appellate review of factual findings by Tribunal – deference where decision supported by preponderance of evidence. Damages – assessment of special and general damages based on proved losses.
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14 December 2021 |
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Application for certificate was incompetent because Ward Tribunal appeals require s.47(2) LDCA, not s.5(2)(c) AJA; struck out with costs.
Appellate procedure – certificate that a point of law is involved – Appellate Jurisdiction Act s.5(2)(c) applies to primary court appeals; Ward Tribunal appeals require certificate under Land Disputes Courts Act s.47(2) – Wrong statutory basis renders application incompetent – Application struck out with costs.
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14 December 2021 |
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Leave granted to appeal on whether defective transfers and limitation/adverse possession raise arguable or novel legal issues.
Land law – transfer of title – whether a person without title/trustee/occupier can pass valid title to third parties; Limitation of actions – accrual of cause of action and exclusion of time for grant of letters of administration; Civil procedure – leave to appeal to Court of Appeal – test for grant of leave (issues of general importance, novel point of law, or prima facie/arguable appeal); Appellate review – effect of concurrent findings of fact and requirement of misdirection to interfere.
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14 December 2021 |
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Respondent bank breached confidentiality by disclosing applicant's information to police, but claimed damages were too remote to recover.
Banking law – duty of confidentiality of banks to customers; statutory but not absolute. Exceptions – disclosure allowed when compelled by statute, court order, or to prevent/control unlawful activity. Evidence – requirement to show lawful authority before disclosing customer information. Tort/contract damages – causation and remoteness (Hadley v. Baxendale): damages must be proximate and within parties' contemplation to be recoverable.
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14 December 2021 |
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Illness alone did not justify extension where applicant failed to account for all delayed days and alleged illegality was not on the record.
Advocates Remuneration Order (Order 8) – Extension of time – Sufficiency of cause – Applicant must account for every day of delay; illness may excuse part but unexplained days defeat application – Alleged illegality must be apparent on the face of the record to justify extension.
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7 December 2021 |
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Appellant's challenge to ex parte decision failed: he was notified but absent, and the Ward Tribunal had jurisdiction under the statutory value limit.
Land law – Ward Tribunal jurisdiction – monetary limit (Tshs.3,000,000) – valuation of suit land. Civil procedure – ex parte proceedings – right to be heard; consequences of absence after notification. Administrative law – unlawful interference by District Executive Director; separation of powers and tribunal independence. Appeal – appellate endorsement of trial tribunal findings where procedures followed and jurisdiction satisfied.
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7 December 2021 |
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The applicant failed to prove the disputed land was estate property; respondent’s sale agreement established ownership.
Land law – ownership dispute – purchaser v. caretaker – evidential weight of sale agreement and oral testimony.* Evidentiary issues – authenticity of signatures; absence of witnesses to transaction does not necessarily impeach credible documentary evidence.* Probate law – whether land formed part of deceased’s estate for distribution; burden to prove probate status.* Civil procedure – locus in quo inspections limited to resolving minor physical discrepancies.
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7 December 2021 |
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Extension denied for unexplained 11-day delay and no proof of written request for certified drawn order.
Extension of time – Law of Limitation Act s.14 – requirement of good and sufficient cause; Exclusion of time – s.19(2) (waiting for decree/drawn order) requires written/formal request; Technical delay – appeal lodged in time but later struck out can be excusable; Proof – applicant must account for all intervening days and show documentary evidence of efforts to obtain requisite copies.
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7 December 2021 |
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3 December 2021 |