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Citation
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Judgment date
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| December 2023 |
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Where evidence leaves room for more than one view on intent, murder cannot be proved and the offence may be manslaughter.
* Criminal law – Distinction between murder and manslaughter – malice aforethought as specific intent to kill – criteria for inferring intent (weapon, force, injury location, number of blows, utterances, conduct). * Evidence – resolving conflicts, duty to call material witnesses, effect of prosecution’s failure to cross-examine on confessional/extrajudicial statements. * Sentencing – application of Tanzania Sentencing Guidelines 2023; knife-related manslaughter categorised high-level but mitigation may reduce sentence.
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15 December 2023 |
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Acquittal alone did not prove malicious prosecution; reporting and recovered exhibits supplied probable cause, so the plaintiffs' suit was dismissed.
Malicious prosecution — elements — initiation by complainant; acquittal does not by itself prove malice; victim reporting theft gives probable and justifiable cause; recovery and identification of alleged stolen items can justify arrest and prosecution.
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14 December 2023 |
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Stay application struck out for failure to attach impugned judgment, show appeal number or prove existence of execution order.
Civil procedure — Stay of execution — Order XXXIX rules 5(3) and 8; requirement to attach impugned judgment/decree and tribunal record; absence of appeal number or execution order; Land Disputes Courts Regulations GN 174/2003 Regulation 25 — appropriate forum to apply for stay in land matters; application struck out with costs.
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13 December 2023 |
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Recognition and forensic handwriting linked accused to murder and ATM withdrawals; conviction for murder and mandatory death sentence.
Criminal law – murder – proof beyond reasonable doubt; recognition evidence at night; forensic handwriting linking accused to bank withdrawal; alibi and failure to call corroborative witnesses; malice aforethought established by injuries and restraint.
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13 December 2023 |
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A preliminary objection requiring factual scrutiny cannot be decided as a pure point of law and is dismissed.
Civil procedure – preliminary objection – must be a pure point of law on the face of the record – Mukisa test; locus standi – capacity to sue in respect of property of a deceased – whether appointment as administratrix is required; interlocutory injunction – survival of matrimonial property under the Law of Marriage Act.
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12 December 2023 |
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Recognition by an eyewitness at night and post-mortem evidence established murder beyond reasonable doubt; mandatory death sentence imposed.
Criminal law – Murder – Elements: death, unlawful/unnatural causation, nexus and malice aforethought; Eyewitness evidence – night identification vs recognition – factors: lighting, proximity, duration, prior acquaintance and early report to police; Alibi and documentary proof – necessity of corroborating witnesses and authenticity; Post-mortem evidence corroborating fatal blunt-force injuries; Sentence – mandatory death under section 197 Penal Code.
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12 December 2023 |
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A director cannot be detained for a company’s decretal debt absent prior lifting of the corporate veil.
Company law – corporate personality – lifting/piercing the corporate veil – execution of decree – civil imprisonment – procedure required before holding a director personally liable.
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8 December 2023 |
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The defence must be supplied with a witness's prior written statement so section 154's impeachment procedure can be properly followed.
* Evidence Act s.154 – impeachment of witness by prior written statement – prior statement must be read and witness’s attention drawn to contradictory parts before tendering; defence entitled to be supplied with prior statement (regardless of form) to perform s.154 procedure.
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5 December 2023 |
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Prosecution proved attempt to murder of a five‑year‑old; accused convicted and sentenced to six years imprisonment.
Criminal law – Attempt to murder; identification evidence by child victim and sibling; medical report (PF.3) corroboration; Evidence Act – tendering of statements; adverse inference for failure to call material witness; intention inferred from weapon, injury location and number of blows; sentencing—use of dangerous weapon (panga).
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4 December 2023 |
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Application to extend time for judicial review struck out for failing to seek mandatory leave required by the Rules.
* Judicial review – Jurisdiction – Rule 5(1) requires leave before lodging a judicial review; absence of leave defeats jurisdiction. * Civil procedure – Amendment of pleadings – Amendment that changes the root of the case and prejudices the other party is impermissible. * Civil procedure – Overriding-objective principle – Cannot be used to override mandatory procedural requirements that go to the foundation of a case.
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1 December 2023 |
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Court overruled a language-based objection, holding Kiswahili translation is not mandatory absent demonstrated prejudice.
Language of proceedings – Interpretation of Laws Rules GN. No.66/2022 – Rule 4(1)(a)&(b) – Kiswahili translation not mandatory in all cases – Schedule exceptions (items g & i) – overriding objective and expeditious justice – prejudice requirement for language-based objections.
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1 December 2023 |
| November 2023 |
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Review of revisional order dismissed; Ward Tribunal coram irregularity fatal and proceedings rightly quashed.
Land law; civil review of revisional order; right to be heard—stay of execution; Ward Tribunal composition and coram irregularity; irregular participation of members vitiates proceedings.
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28 November 2023 |
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A possessor-witness may tender an untendered USB exhibit under s.289(1) CPA; authenticity and contents are for later proof.
* Criminal procedure – Admission of additional exhibits under section 289(1) CPA – untendered electronic storage device (Flash Drive/Flash Disk).
* Evidence – Possession/knowledge of a witness sufficient for tendering exhibits (DPP v. Mirzai Pirbakhshi precedent).
* Evidence – Distinction between admission stage (knowledge of exhibit) and trial stage (authenticity and contents); ss 23 and 34B(2) Evidence Act not determinative at admission.
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24 November 2023 |
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Citation of an exhibit in an expert report during committal satisfies notice; court admitted the exhibit under s.145(2) Evidence Act.
Criminal procedure — committal proceedings — notice of prosecution materials — citation of an exhibit within an expert report during committal can satisfy s.246(2) notice requirements; admissibility — court may admit disputed exhibits under s.145(2) Evidence Act; authenticity and weight are for trial, not automatic exclusion.
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24 November 2023 |
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Court admitted disputed forensic DVD despite committal-description discrepancies, leaving assessment to cross-examination and judgment.
* Criminal procedure – admissibility of forensic electronic evidence – discrepancy between committal description ('DVD containing CCTV footage') and trial description ('DVD containing still pictures'). * Evidence Act – section 145(2) (relevance and admissibility) and section 47 (expert witnesses) – role in admitting scientific exhibits. * Criminal Procedure Act – section 246(2) – whether failure to list an exhibit at committal disbars its tender at trial. * Constitutional right to fair trial – article 13(6)(a) – whether admission would breach natural justice.
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24 November 2023 |
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Applicant charged with attempt to murder granted bail subject to strict surety, reporting and travel-document surrender conditions.
Criminal procedure – Bail pending trial – Attempt to murder is bailable under section 148(1) – Personal circumstances (age/village residence) do not automatically justify relaxed bail conditions – Bail granted subject to bond, sureties, regional residence verification, reporting and surrender of travel documents – Supervision by Deputy Registrar/Resident Magistrate.
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24 November 2023 |
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Court admitted bank withdrawal slip despite incomplete chain of custody, emphasizing witness knowledge and relevance.
Evidence — Admission of exhibits — Chain of custody — Rule not absolute; witness knowledge, relevance and susceptibility to tampering determine admissibility — s.145(2) Evidence Act — Recent authorities relax strict paper-trail requirement.
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22 November 2023 |
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A jurat missing the statutory identification statement is a fatal procedural defect and warrants striking out the application with costs.
* Procedure – Affidavits – Jurat of attestation – Section 10, Oath and Statutory Declarations Act requires Commissioner to state whether deponent is personally known or introduced.
* Civil procedure – Preliminary objection – When raised, preliminary objections must be determined before merits.
* Procedural compliance – Mandatory formalities in jurats are not cured by the Overriding Objective; failure renders an application incompetent and subject to striking out.
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20 November 2023 |
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Court ordered disclosure of a prosecution witness’s prior statement so defence may impeach under ss 154, 164(1)(c) and 166.
* Evidence Act ss. 154, 164(1)(c) & 166 – use of previous statements to impeach or show consistency; procedure required by Court of Appeal (read statement to witness; draw attention to contradictions; tender in evidence). * Disclosure – entitlement of defence to obtain prosecution witness’s prior police statement to carry out impeachment. * Trial procedure – interplay between statutory provisions and Court of Appeal directives.
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20 November 2023 |
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Cautions properly admitted and visual ID corroborated; conviction and 30-year sentences for armed robbery upheld.
* Criminal law – Armed robbery – Ingredients: theft, use or threat with dangerous weapon and directed against a person – proof required.
* Evidence – Caution statements – voluntariness tested in trial-within-a-trial; admission proper where no proof of torture or unlawful detention.
* Evidence – Visual identification – daylight, close-range identification corroborated by other evidence can be reliable.
* Identification parade – irregularity (no prior description) may be cured by independent corroboration.
* Evidence – Failure to call available prosecution witnesses not fatal unless shown material.
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17 November 2023 |
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Unreliable nighttime identification and gaps in circumstantial and forensic evidence led to acquittal for murder.
* Criminal law – murder – requirement to prove guilt beyond reasonable doubt; * Visual identification – night identification, lighting, fear, and discrepancies affect reliability; * Circumstantial evidence – must exclude reasonable hypotheses of innocence; * Investigative deficiencies – lack of identification parade and forensic tests weaken prosecution case.
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15 November 2023 |
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Leave to appeal refused: acquisition and long use were addressed below; no novel issue, arguable appeal, or disturbing features shown.
* Land law – ownership dispute over burial ground – continuity of use since 1982 relevant to ownership findings.
* Leave to appeal – requirements: point of law of general importance, prima facie/arguable appeal, or disturbing features.
* Appellate scope – Court of Appeal will not entertain issues not raised and decided in lower courts.
* Civil procedure – discretionary refusal of leave where no novel law or arguable case is shown.
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15 November 2023 |
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Rape conviction upheld; trafficking conviction quashed due to defective chain of custody for seized drugs.
Criminal law – defective charge sheet – curative provision under section 388 CPA; Evidence – child witnesses under section 127(2) Evidence Act; Visual identification – arrest at scene supports reliability; Evidence – chain of custody requirement for seized narcotics; Procedural law – admissibility of documents under section 192(4) CPA; Caution statements – failure to object at trial limits later challenge.
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14 November 2023 |
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Appeal confined to sentence after guilty plea; 30-year term reduced to 20 years as excessive for a first offender.
* Criminal procedure – guilty plea – appeal limited to sentence under section 360(1) CPA. * Sentencing – Economic and Organised Crime Act section 60(2) – overriding penalty provision for economic offences. * Sentencing principles – maximum sentence rarely imposed on first offenders; application of Tanzania Sentencing Guidelines and Court of Appeal precedents. * Court record – presumption of sanctity; challenge to recorded plea rejected.
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13 November 2023 |
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High Court set aside ex parte forfeiture for failure to give statutory notice and denial of right to be heard.
Criminal procedure — Revision of ex parte forfeiture order — Seized animals in national park — Statutory notice requirement (s.47 Police Force & Auxiliary Service Act; GN 50/2002) — Service requirement (s.392A Cap 20) — Right to be heard/natural justice — Failure to follow mandatory procedure vitiates order.
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10 November 2023 |
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Forfeiture under National Parks Act s.29(2) is discretionary; trial court rightly refused forfeiture where prosecution failed to prove habitat disturbance.
* National Parks Act s.29(2) – forfeiture is discretionary ('may'), not mandatory; 'shall' relates to Government receiving forfeited property. * Criminal burden of proof – separate count for disturbance to habitat must be proved by prosecution beyond reasonable doubt. * Sentencing discretion – trial court’s choice of punishment respected where exercised judiciously. * Section 320 CPA – not appropriate to invoke to fill gaps in prosecution’s case at sentencing.
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9 November 2023 |
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Exhibit non‑compliance with s.38(3) led to expungement; first count proved, second count unproven and set aside.
* Criminal law – unlawful introduction of domestic animals into a National Park – proof beyond reasonable doubt – use of admissions and documentary exhibits.
* Evidence – procedure for seizure and certificate of seizure – section 38(3) Criminal Procedure Act – non-compliance renders exhibit inadmissible (expunged).
* Criminal law – failure to prove specific offence (disturbance of biological habitat) – conviction must be set aside.
* Remedies – partial allowance of appeal, expungement of exhibit, upholding remaining conviction, order for remuneration of keeper of seized animals.
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9 November 2023 |
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Non‑compliance with mandatory Rule 24(3) affidavit requirements warrants striking out; overriding objective cannot cure mandatory defects.
Labour procedure – Rule 24(3)(a)&(c) Labour Court Rules 2007 – affidavit must state parties' names, descriptions, addresses and legal issues; mandatory nature of 'shall' under s.53(2) Interpretation of Laws Act; Overriding objective principle cannot cure non‑compliance with mandatory procedural requirements; Non‑compliance renders revision incompetent and subject to strike out; Leave to refile may be granted.
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8 November 2023 |
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Where an appeal originates from a primary court, the High Court must certify a point of law; leave to appeal is not required.
* Appellate procedure – Appeals from primary courts – Head (c) Part III MCA – Section 5(2)(c) AJA requires High Court certification that a point of law is involved for appeal to the Court of Appeal. * Extension of time – Section 11(1) AJA – where certification, not leave, is statutory requirement, an extension to apply for leave is misconceived. * Procedure – Proper remedy is extension to apply for certification of point of law, not extension to apply for leave to appeal.
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7 November 2023 |
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Order XXI Rule 62 CPC makes objection rulings conclusive; aggrieved party must sue to establish disputed property rights.
Land — Revision — Objection proceedings — Order XXI Rule 62 Civil Procedure Code — objection rulings conclusive — aggrieved party must institute suit to establish property rights — application of CPC via s.51(2) Land Disputes Courts Act — limits of revisional jurisdiction over objection proceedings.
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6 November 2023 |
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Ex parte judgment quashed where summons service was not proven, denying the defendant the right to be heard.
Civil procedure – Service of summons – Compliance with Order V rules (endorsement, acknowledgment, affidavit/return of service) required; Ex parte proceedings – proof of service required before invoking Order VIII r.14; Right to be heard – failure to prove service renders ex parte judgment a nullity; Counsel holding brief – officer of court who held brief must discharge duty before seeking adverse orders.
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6 November 2023 |
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Leave to appeal refused: proposed grounds were afterthoughts and raised no arguable or novel point of law.
Leave to appeal – discretionary under AJA s.5(1)(c) – requires point of law, public importance or prima facie/arguable appeal; afterthoughts not allowed – MEMART/non-production of company documents; directors’ authority and board resolutions; debenture registration; admissibility of exhibits.
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2 November 2023 |
| October 2023 |
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Long occupation and documentary evidence outweighed minor procedural defects; appeal dismissed and lower tribunals’ findings upheld.
Land law – ownership and long possession; procedural irregularities in ward tribunals – coram and signatures; overriding objective/substantive justice (s.45 Land Disputes Courts Act) curing minor defects; appellate restraint on concurrent factual findings; weight of evidence and locus in quo visits.
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31 October 2023 |
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Petition to restore shareholding withdrawn with leave to refile to implead the Registrar of Companies; no order as to costs.
Companies law – share transfer dispute – non-joinder of Registrar of Companies – withdrawal with liberty to refile under Order XXIII Rule 1(2)(a) CPC – requirement to implead Registrar/serve Attorney General – costs: no order where issue raised suo motu.
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31 October 2023 |
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High Court granted bail for economic crime but imposed stringent conditions including cash/property security and sureties.
Bail — Economic and Organised Crimes — value exceeding Tshs.300 million — High Court jurisdiction post-amendment — bail conditions: passport surrender, monthly reporting, travel restriction, two sureties (one government employee), cash or property security, surety bonds.
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31 October 2023 |
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The applicant charged with attempted murder granted bail subject to stringent conditions under statutory and constitutional bail principles.
Bail — application pending sessions trial — applicability of Criminal Procedure Act sections 148 and 392A — constitutional right to bail (articles 13(6)(b) & 17) — factors and conditions for bail in serious offences (attempted murder) — sureties, bond, travel restriction and supervision.
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27 October 2023 |
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Court upheld unlawful dismissal finding defective charge and procedure, reducing compensation from 48 to 24 months' salary.
Labour law — unfair termination — distinguishing breach of trust and criminal stealing; disciplinary procedure — Rule 13 GN. No. 42/2007 — need for investigation and procedural fairness; admissions — presence on CCTV not admission of criminal act; compensation under s.40(1)(c) — judicial discretion and reduction of award.
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26 October 2023 |
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Section 21(2) Limitation Act excludes time spent prosecuting related proceedings, rendering the stay application within time.
Limitation law – exclusion of time under section 21(2) of the Law of Limitation Act; time‑barred applications; stay of execution pending revision; effect of struck‑out or withdrawn main proceedings on related miscellaneous applications; overriding objective and expedition in labour disputes.
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26 October 2023 |
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Court rectified a decree to conform with the judgment due to omission, wrong date and improper signature.
* Civil Procedure – Decree must agree with judgment – Order XX Rules 6(1), 7 and 8 CPC.
* Correction/rectification of decrees – Clerical or accidental mistakes – Section 96 CPC.
* Decree contents – inclusion of relief granted, correct date and proper judicial signature.
* Procedure – application in absence of a respondent who never entered appearance.
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25 October 2023 |
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Appeal withdrawn without costs where tribunal struck out land suit for non-compliance; appellant may file a fresh, compliant application.
* Land law – pleadings – adequacy of description of land – Regulation 3(2)(b) of the Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2003.
* Probate/representation – letters of administration – effect of expiry on authority to prosecute suits.
* Civil procedure – strike out for non-compliance versus refiling – withdrawal of appeal and discretion as to costs.
* Civil Procedure Code s3A – expeditious, proportionate and affordable resolution of civil disputes; Court’s discretion to allow withdrawal without costs.
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24 October 2023 |
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High Court grants bail in high-value economic crime case but imposes stringent conditions to ensure appearance and accountability.
* Criminal procedure – Bail in economic crimes – jurisdictional requirement for High Court where value exceeds TSh 300,000,000 (s.29(4) Economic Crimes Act). * Bail conditions – scope of High Court discretion and applicable conditions under s.36(5) and s.36(6) of the Economic Crimes Act. * Security measures – surrender of travel documents, sureties (including government employee), cash or property deposit and surety bonds. * Multiple accused – principle of sharing or tailoring conditions among co-accused; adherence to precedent.
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23 October 2023 |
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Court granted substitution of remaining custodial sentence for community service subject to a Tanzanian surety and compliance with the law.
* Criminal law – Sentencing – Substitution of remaining custodial sentence with community service under Community Service Act and section 339A Criminal Procedure Act.
* Probation/Community Services – Prisoner Social Inquiry Report and treatment plan as basis for non-custodial sentence.
* Conditions – Requirement of reliable surety (Tanzanian citizen), supervision, compliance with law, and consequence of default (section 38(3) Penal Code).
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21 October 2023 |
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Applicants' remaining prison terms substituted with community service subject to surety registration and supervision.
* Criminal law – substitution of custodial sentence with community service – applicability of section 339A Criminal Procedure Act and section 3(1)(a) Community Service Act.
* Community Service – requirements and supervision – Prisoners Social Inquiry Report, treatment plan, sureties, fixed abode and work placement.
* Procedure – Regulation 18(2) Community Service Regulations (GN. No. 87 of 2004) – conditions of grant and consequences of default (section 38(3) Penal Code).
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21 October 2023 |
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Court ordered removal of posters and restrained respondents from planning or occupying applicant's land pending compensation, alternative land, or expiry of 90 days.
* Land law – Interim relief – Status quo orders to protect proprietary rights pending compliance with statutory land acquisition procedures. * Administrative action – Village council and national land-use commission alleged to have invaded private land and affixed planning/allocation notices. * Urgent application – Removal of posters and restraint until compensation, alternative land, or expiry of ninety (90) day statutory notice. * Costs – declined where State Attorney acted in search of justice.
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20 October 2023 |
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Applicant charged with grievous harm granted bail pending trial, subject to bond, sureties, movement restrictions, reporting, and surrender of travel documents.
Criminal procedure – Bail pending trial – Offence bailable under section 222(a) Penal Code – Relevant provisions: Criminal Procedure Act ss.148 & 392A and Constitution arts.13(6)(b) &17 – Granting bail with conditions and supervision.
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20 October 2023 |
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Failure to produce the ward-tribunal certificate under s.13(4) justifies striking out; costs order quashed, each party bears own costs.
Land law — ward tribunal mediation certificate — mandatory requirement under s.13(4) before District Land and Housing Tribunal may hear title disputes; record sufficiency and use of section 3A CPC to regularize ward tribunal records; costs — discretion to quash awards where circumstances warrant.
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20 October 2023 |
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Murder charge reduced to manslaughter due to insufficient proof of intent and broken chain of custody.
Criminal law – murder vs manslaughter; burden of proof beyond reasonable doubt; chain of custody of a deceased body; delayed post-mortem and risk of tampering; weight of eyewitness evidence and failure to tender alleged weapon; reliability of sketch map.
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20 October 2023 |
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Applicant failed to prove illness or court misdirection; restoration of dismissed application refused.
Land procedure – Restoration of dismissed application – Applicant must show good cause; medical evidence must cover the specific missed dates; uncorroborated claim of court misdirection requires affidavit proof; allegations must be proved even in ex parte proceedings.
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18 October 2023 |
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Eyewitness recognition and admissible confessions supported conviction of the accused for murder; death sentences imposed.
Criminal law – murder – eyewitness recognition at night – admissibility of confessions – voluntariness and compliance with s.50(1)(a) & s.58(3) Criminal Procedure Act – malice aforethought established by multiple panga blows and grave head injuries – mandatory death sentence under s.197 Penal Code.
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18 October 2023 |
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Corroborated dying declaration and a lawful confession sustained a murder conviction and mandatory death sentence.
Criminal law – dying declaration – admissibility and need for corroboration; confession – voluntariness and compliance with s.57(4) of Criminal Procedure Act; malice aforethought – factors to infer intent; adverse inference for failure to call material witnesses; mandatory death sentence under s.197 Penal Code.
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17 October 2023 |