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Citation
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Judgment date
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| 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 |