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Title
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Date
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Reported
Probate and Administration - Administration of Estate - Powers of the Primary Court to appoint and replace an administrator - Rules 2(a) and (b) of the First Schedule of the Magistrates’ Courts Act, 1984
Probate and Administration - Challenging validity of appointment of an administrator - Onus of proof Probate and Administration - Disposition of property - Whether consent from all heirs is necessary before sale of property
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Judgment |
23 December 1994 |
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Reported
Civil Practice and Procedure - Correction of errors - Clerical and arithmetical mistakes in judgments, decrees and orders, arising from accidental slip or omission - Whether application to correct such mistakes is subject to the law of limitation - Item 21 First Schedule to the Law of Limitation Act 1971 and s 96 of the Civil Procedure Code 1966
Civil Practice and Procedure - Clerical and arithmetical errors - Application to correct such errors-Application to amend the decree so as to include compensation for inflation and devaluation -Whether an application for correction of clerical and arithmetical errors
Court of Appeal - Revisional jurisdiction of the Court of Appeal -Whether a party may pursue and use the revisional jurisdiction of the Court even after filing Notice of Appeal - Section 4 of the Appellate Jurisdiction Act 1979, as amended by Act No 17 of 1993
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Judgment |
5 December 1994 |
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Reported
Criminal law - Murder - Self-defence - Whether plea of self-defence is available to a person who started the fight
Criminal Law - Homicide - Death occurring as a result of a fight - Whether it is murder or manslaughter
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Judgment |
28 November 1994 |
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Reported
Labour Law - Jurisdiction - Summary dismissal - Ouster of the jurisdiction of the court — Section 28 of the Security of Employment Act, 1964
Labour Law - Jurisdiction - Summary dismissal- Whether the court can split suit into compartments so as to exclude claims based on summary dismissal
Civil Practice and Procedure - Amendment of cause of action -Whether judge can amend pleading without application of the parties
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Judgment |
11 November 1994 |
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Reported
Civil Practice and Procedure - Appeals - Appeals to the Court of Appeal- Appeal made without leave ofthe High Court where leave is required — Appeal incompetent
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Judgment |
10 November 1994 |
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Reported
Rent Restriction – Powers of the Minister to grant exemption – Section 2(1)(b) of the Rent Restriction Act, 1984. Administrative Law – Ultra vires Doctrine – Whether Government Notice 41 of 1992 granting exemption to the National Housing Corporation was ultra vires – Exemptions – Specified parastatal instead of a class of premises as provided by s 2(1)(c) of the Rent Restriction Act, 1984. Constitutional Law – Whether GN 41 of 1992 was discriminatory, contrary to article 13(2) of the Constitution of the United Republic of Tanzania. Constitutional Law – Whether GN 41 of 1992 was arbitrary - contrary to natural justice and equality before the law. Constitutional Law – Drafted in so few terms as to not even targeted groups – Whether saved by article 30(2) of the Constitution
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Judgment |
9 November 1994 |
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Reported
Criminal Practice and Procedure - Admission and evaluation of evidence - Evidence wrongly rejected by trial court - Duty of the Appellate Court
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Judgment |
19 October 1994 |
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Reported
Criminal Law - Murder - Defence of Provocation - Whether talking in riddles is provocative enough
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Judgment |
7 October 1994 |
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Reported
Criminal Law - Defence of alibi - Whether prior notice is required
Criminal Practice and Procedure - Identification of accused - Identification where offence was committed at night
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Judgment |
7 October 1994 |
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Reported
Criminal Law - Provocation - Whether a demand for ‘talaka’ rather than reconciliation amounts to provocation
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Judgment |
7 October 1994 |
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Reported
Criminal Law - Provocation - Sudden and grave reaction -Manslaughter and not murder
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Judgment |
7 October 1994 |
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Reported
Family Law - Presumption ofmarriage - Presumption rebutted after eight years of cohabitation - Whether parties have any rights under the Law of Marriage Act 1971
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Judgment |
30 September 1994 |
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Reported
Criminal Law - Murder - Malice Aforethought - Whether malice Aforethought may he inferred from the amount of force used - Whether conduct may be indicative of malice
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Judgment |
17 August 1994 |
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Reported
Civil Practice and Procedure - Claim for loss of profits - Need for specific proof of specific claims - Burden of proof
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Judgment |
9 August 1994 |
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Reported
Criminal Practice and Procedure - Trial with assessors - Assessors not given opportunity to cross-examine witnesses individually - Effect thereof Evidence - Confession made involuntary - Circumstances of confession not seriously and comprehensively considered by the court - Whether proper
Evidence - Corroboration - Uncorroborated retracted confession - Whether courts may convict on a retracted confession without corroboration
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Judgment |
1 August 1994 |
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Reported
Criminal Law — Murder - Contradictions in evidence regarding circumstances in which deceased was killed — Whether may be relied on for conviction of murder
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Judgment |
1 August 1994 |
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Reported
Criminal Practice and Procedure - Identification of an accused - Identification in conditions not favourable - Whether reliable
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Judgment |
1 August 1994 |
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Reported
Evidence - Evidence of a child of tender years - Whether such evidence may he received without a voire dire - Section 127(2) of the Evidence Act 1967
Evidence - Evidence of a child of tender years - Corroboration - Whether a child’s evidence may be corroborated by the defence evidence of the accused. Criminal law - Robbery with violence - Appropriate sentence for robbery with violence - Sections 285 and 286 of the Penal Code, and the Minimum Sentences Act 1972 as amended by Act No. 10 of 1989
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Judgment |
25 July 1994 |
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Reported
Criminal Practice and Procedure - Appeal - Summary dismissal of appeal - Whether summary dismissal of appeal without re-appraisal of evidence proper
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Judgment |
25 July 1994 |
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Reported
Constitutional Law - Death penalty - Whether or not offends the right to dignity - Article 13(6)(d) of the Constitution of the United Republic of Tanzania, 1977
Constitutional Law - Death penalty - Whether it is a cruel, inhuman and degrading punishment and treatment - Article 13(6)(e) of the Constitution of the United Republic of Tanzania
Constitutional Law - Penal Code - Whether the provision prescribing death penalty is lawful law or necessary in the public interest - Article 30(2) of the Constitution of the United Republic of Tanzania
Constitutional Law - Death penalty - Whether death penalty violates article 14 of the Constitution of the United Republic of Tanzania which guarantees the right to life
Constitutional Law - Violation of basic rights - Burden of proof -Proof on balance of probabilities. ‘ Statutory interpretation - Constitutional provisions guaranteeing basic rights - Whether generous and purposive construction should be applied
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Judgment |
22 June 1994 |
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Reported
Criminal Law - Murder contrary to s 196 of the Penal Code Cap 16 Criminal Practice and Procedure - Appeal- Memorandum of Appeal filed out of time - Consequences thereof- Rule 65(1) of the Court of Appeal Rules 1979
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Judgment |
30 May 1994 |
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Reported
Evidence — Analysis of evidence - Failure to properly analyse evidence - Consequence thereof
Evidence - Hostile witness - Evidence of hostile witness - Whether such evidence may he used. Evidence — Corroboration - Circumstantial evidence - Reliability of witness Criminal Practice and Procedure - Murder - Motive - Whether motive is necessary to establish murder
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Judgment |
18 May 1994 |
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Reported
Court of Appeal Rules - Application to strike out a notice of appeal for failure to institute the appeal in time - Whether lack of money is a defence
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Judgment |
13 May 1994 |
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Reported
Evidence - Evidence of a spouse - Failure to warn oneself on evidence from a spouse
Evidence - Credibility of- Witnesses - Whether appellate court can assess credibility of witnesses
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Judgment |
13 May 1994 |
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Reported
Evidence - Identification of accused persons - Murder committed at night during a burglary - Whether identification of the accused as the murderers could not have been mistaken
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Judgment |
19 April 1994 |
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Reported
Road Traffic Act, 1973 - Definition of a motor-vehicle - Whether ‘Motorcycle’ is a ‘motor vehicle’ - Section 284 of the Penal Code
Magistrate’s Courts - Revision - Reference to the High Court for revision - Powers of resident magistrate in charge to initiate revision of decision of a district magistrate - Section 44(2) of the Magistrates’ Courts Act 1984
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Judgment |
16 March 1994 |
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Reported
Criminal Law - Self defence - Appellant followed into his house and hurled with obscene abuses and attacked by complainant - Appellant used panga against the aggressor - Whether excessive force used - Sections 18, 18A and 18B of the Penal Code
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Judgment |
14 February 1994 |
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Reported
Criminal Practice and Procedure - Appeal - Appeals against intelocutory orders - Whether an accused person may appeal against an interlocutory order
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Judgment |
14 February 1994 |
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Reported
Civil Service - Removal of civil servant from service in the public interest - Section 19 of the Civil Servant Act 1989. Public Interest- Power of the President to remove civil servants in the public interest - What constitutes public interest
Jurisdiction - Ouster of jurisdiction - Statutory provision that an act of the President shall not be enquired into by any court - Effect thereof- Section 23(2) (a) of the Civil Service Act 1989
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Judgment |
10 January 1994 |
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Reported
Criminal Law - Murder - Defence of provocation
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Judgment |
1 January 1994 |
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Reported
Civil Practice and Procedure - Change of judge before concluding the trial - Whether proper - Order 17 Rule 10 of the Civil Procedure Code 1966
Labour Law - Summary dismissal of employee - Meaning of 'employee' in cases of summary dismissal - Sections 4 and 28(1) of the Security of Employment Act 1964 as amended by Act No 45 of 1969
Labour Law - Meaning of 'employee' under the Security of Employment Act 1964 - Whether the opinion of the Labour Officer is binding on the court
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Judgment |
1 January 1994 |
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Reported
Evidence - Evidence of a co-accused - Whether evidence of a co-accused may form the basis of conviction - Section 30 of the Evidence Act 1967
Evidence - Accomplice’s evidence - Whether court may convict on accomplice’s evidence without corroboration
Evidence - Corroboration - What may constitute corroborative evidence
Criminal Practice and Procedure - Right of the accused to be defended by advocate - Trial court ordered trial to proceed in the absence of defence advocate - Consequences thereof
Criminal Practice and Procedure - Penal legislation - Retrospective application of penal legislation - Sentence imposed came into operation after commission of the offence - Whether proper
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Judgment |
15 December 1993 |
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Reported
Criminal Practice and Procedure - Charges - Robbery with violence and armed robbery - Two distinct offences attracting distinct punishments
Criminal Practice and Procedure - Cognate offences and substituted conviction - Armed robbery and robbery with violence - Whether a conviction for armed robbery may be substituted for robbery with violence
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Judgment |
13 December 1993 |
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Reported
Criminal practice and procedure - Right of accused to he heard - Accused persons jump bail and do not appear in court for hearing shortly before close of the prosecution case - Case proceeds in their absence - Whether conviction proper — ss 226 and 227. of the Criminal Procedure Act 1985
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Judgment |
15 November 1993 |
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Reported
Civil Practice and Procedure -Issues for determination by the Court - Issues not at all pleaded but the court allows parties to address it them - whether, the court should make a determination on them
Land Law - Revocation of a
Right of Occupancy - Notice of intention to revoke a right of occupancy - Essence and purpose thereof. Land law - Revocation of a
Right of Occupancy in the Public Interest - Revocation made in order to protect a trespassing parastatal -Whether it is revocation in the
Public Interest - Section 10(2) of the Land Ordinance
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Judgment |
23 April 1993 |
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Reported
Evidence - Confession - Admissibility - Confession to a police officer of unknown rank - whether admissible -sections 27(1) and 3 of the Evidence Act, 1967
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Judgment |
25 March 1993 |
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Reported
Prerogative orders - Parties to applications for prerogative orders -Whether a private individual may joined as a co-respondent in an application for prerogative orders. Labour law - Limitation of time - Time within which to file a reference to the Labour Conciliation Board or further reference to the Minister - Security of Employment Act 1964 and Law of Limitation Act 1971
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Judgment |
18 December 1992 |
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Reported
Natural justice - The right to be heard - Applicant dismissed from employment by the respondent's Board of Directors on account of an audit report - Need to show contents of audit report to the appellant before dismissing him. Natural justice - The rule against bias - General Manager who initiated disciplinary proceedings against the applicant was present at the board meeting while applicant was absent - Whether the board was biased
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Judgment |
15 September 1992 |
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Reported
Criminal practice and procedure - Natural Justice - The Right to be heard - Person acquitted by trial court is convicted by appellate court without being heard - Whether proper
Magistrate’s Courts - Appellate jurisdiction of district court Whether district court as an appellate court may substitute a conviction for an acquittal without hearing the accused - Section 21(1)(b) of the Magistrates’ Court Act 1984
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Judgment |
19 May 1992 |
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Reported
Evidence - Evidence by witness of tender age - Witness aged fifteen years - Whether needing corroboration
Evidence - Credibility of witnesses - Trial court best placed to determine credibility
Criminal Law - Murder - Malice a forethought - Attacking a confessed thief with knife, club, fire, and utterances that he would die and be finished off - Whether establishing malice aforethought
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Judgment |
15 November 1991 |
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Reported
Criminal Law - Murder - Intoxication as a defence to murder - Not established where the conduct of the accused is inconsistent with a person intoxicated. Criminal law - Murder - Defence of provocation - Not available where the deceased did not utter or do the acts of provocation alleged
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Judgment |
22 October 1991 |
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Reported
Criminal Practice and Procedure - Sentencing - Sentence of conditional discharge and order to pay compensation - Whether convict may be remanded until compensation is paid
Criminal Practice and Procedure - Appeals - Failure of respondent to appear for hearing after being served - Whether hearing may proceed in the absence of respondent - Rule 72(6) of the Court of Appeal Rules 1979
Criminal Law - Murder - Whether murder may be alleged without evidence of killing
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Judgment |
28 July 1989 |
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Reported
Criminal law - Theft - Doctrine of recent possession
Criminal Practice and Procedure - Failure to file a notice of appeal in accordance with Rule 61(1) of the Court of Appeal Rules 1979 -Whether appeal is competent
Evidence - Defence of alibi - Whether conviction and sentence were valid in law
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Judgment |
13 March 1989 |
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Reported
Criminal Practice and Procedure - Sentencing - Sentence for manslaughter - Whether Court of Appeal may interfere with sentence imposed by the trial court
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Judgment |
28 July 1988 |
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Reported
Labour Law - Summary dismissal- Minister orders reinstatement of dismissed employee - Whether employer may terminate services and pay statutory compensation instead - Security of Employment Act, Cap 574
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Judgment |
21 August 1986 |