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High Court Corruption and Economic Crimes Division - 2021 November

4 judgments
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4 judgments
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Judgment date
November 2021
Republic vs Halfan Hassan Bwire and 3 Others (Economic Case 16 of 2021) [2021] TZHCCED 6680 (22 November 2021)
Retendering a formerly identified but rejected document is permitted; functus officio, issue estoppel, and disposal order objections overruled.
Criminal procedure – admissibility of exhibits – trial‑within‑trial – identification v. tendering as exhibit – functus officio – issue estoppel – section 353(3) CPA and Exhibit Management Guideline – chain of custody – administrative release by court registry.
 22 November 2021
Republic vs Halfan Hassan Bwire and 3 Others (Economic Case 16 of 2021) [2021] TZHCCED 6677 (15 November 2021)
Whether a copied prosecutorial letter is admissible and whether a police witness can tender it without dispatch proof.
* Evidence — Documentary evidence — Authentication by unique features and chain of custody — Identification of witness’s name and force number as unique features. * Evidence — Competence of witness to tender exhibits — Oral possession and recognition may suffice absent disproof. * Evidence — Chain of custody — Paper trail not mandatory where limited handling and credible oral account exist. * Evidence — Use of document contents during admission — Content may be referred to for testing competence though full reading awaits admission.
 15 November 2021
Republic vs Halfan Bwire Hassan and 3 Others (Economic Case 16 of 2021) [2021] TZHCCED 6668 (9 November 2021)
Wrong citation on a seizure form does not invalidate it unless the accused shows actual prejudice.
* Evidence — Search and seizure — Admissibility of statutory seizure certificate — Effect of wrong citation of enabling provision — overriding objective and prejudice test. * Statutory interpretation — Meaning of Swahili phrase "iliyorekebishwa" — construed as "as amended." * Criminal procedure — Difference between defects in motion documents and evidentiary documents — chain of custody and prevention of fabrication.
 9 November 2021
Shaweji Athumani Machela vs Sada Omari Sule (Misc. Land Appeal 92 of 2021) [2021] TZHCCED 6669 (4 November 2021)
Second appeal dismissed: new factual grounds cannot be raised and appellant failed to prove ownership.
* Civil appeals – second appeal – new factual grounds not raised in lower courts – inadmissible on appeal. * Evidence – documentary evidence – weight of sale agreement versus pension payment documents. * Burden of proof – party alleging ownership must prove it. * Appellate review – no interference absent extraordinary circumstances.
 4 November 2021