Tanzania Law Reports - 1984

Probate and administration - Revocation of appointment of administrator of estate of deceased - Reasons that may Justify such revocation.

Administrative Law - Natural Justice - Disciplinary Proceedings in higher educational institution - Failure to sufficiently appraise a student of the particulars of the prejudicial allegations made against him - Rule of natural justice not complied with.

Criminal Law - Theft - Discrepancy in accounts- Whether amounts to theft.
Statutory Interpretation - Person employed in the public service -Person employed by a subsidiary of a parastatal organization -
Whether falls within definition of “person employed in the public  service ", - Penal Code section 5.

Evidence - Credibility - District Court finds witnesses for both parties reliable and divided the disputed land amongst the parties - Whether proper.
Civil Practice and Procedure - Failure of party to call material  witnesses on his side - Whether adverse inferences can be drawn against such party.
Land Law - Abandoned shamba occupied and developed by another - Whether developer is trespasser.

Criminal Law - Malicious damage to property - Uprooting of poles - No proof of damage - Whether the offence committed.
Criminal Practice and Procedure - Sentencing - Concurrent sentences - Two sentences of fine or imprisonment in default thereof imposed - The alternative terms of fine ordered to run concurrently - Whether proper.

Criminal Law - Self-defence - Excessive force used-Unlawful.
Criminal Practice and Procedure - Arrest - Arrest by people’s militia on instruction of village chairman or committee - Whether lawful.

Criminal Practice and Procedure - Insanity - When section 168A of the Criminal Procedure Code may be invoked.

Evidence - Dying declaration - Declaration made in answer to questions - None of the questions was leading question - Whether admissible in evidence.
Evidence - Corroboration - Dying declaration - Declaration made while deceased was in fluctuating capacity to talk - Whether safe to base conviction upon it without corroboration.
Evidence - Corroboration - Corroborative circumstantial evidence - An important gap in the circumstantial evidence - Whether it can corroborate.

Criminal Law - Murder- Malice aforethought - Stabbing followed by words "you must die today" took place in heat of passion generated by fight and commotion - Whether premeditated killing.

Criminal Practice and Procedure - Withdrawal of Prosecution under s. 86(a) Criminal Procedure Code - Withdrawal by public prosecutor - Whether consent of court to withdrawal necessary.

Family Law - Inheritance - Right of childless widow to share in assets of marriage - Whether contingent upon any considerations - Para 77 of the Customary Law Declaration Order, G.N. No. 279/63.

Civil Practice and Procedure - Hearing - Altering the nature of claim at hearing - Whether allowable under Primary Courts’
Civil Procedure Rules - Rule 44 of the Primary Court’s Civil Procedure Rules.
Family Law - Maintenance - Compensation for maintenance of deceased’s children while cohabiting with their mother.

Civil Practice and Procedure - Primary Courts Civil Procedure Rules, G.N. No. 310/64 rule 16(1) - Whether withdrawal of suit is conclusive evidence of liability in a claim for compensation.

Civil Practice Procedure - Primary Courts Civil Procedure Rules - Whether in a claim for costs, the claimant must adduce evidence to prove the alleged expenses. 
Civil Practice and Procedure - Primary Courts Civil Procedure Rules - Whether Court proceedings are an inconvenience for which damages are recoverable.

Family Law - Adultery - Damages for - Where party not validly married - Whether suit for damages for adultery can be sustained - Law of Marriage Act, 1971, s. 72(2).

Civil Practice and Procedure - Jurisdiction of Primary Courts - Whether a Primary Court has jurisdiction to try a common law tort of malicious prosecution.

Evidence - Dying declaration-Accused's failure to reply to deceased’s statement naming him as assailant - Whether amounts to acknowledgement of the truth of the dying declaration.
Evidence - Dying declaration - Prerequisites before it can have evidential value.
Evidence - Dying declaration - Repeated several times - Whether proof of the truth of its content.

Criminal Practice and Procedure - Charges - Essential element of offence left out- Defective - When defect may vitiate proceedings.
Evidence - Corroboration - Failure of magistrate to warn himself of the danger to convict without corroborative evidence - When fatal to proceedings.

Rent Restriction Act - Landlord and Tenant - National Housing Corporation exempted from the provisions of sections 19 and 20 of the Rent Restriction Act - Such exemption attaches to premises. 
Landlord and Tenant - Tenant sublets to its employee - Tenant seeks to repossess premises on employee resigning from employment -
Landlord offers tenancy to the subtenant - Whether such offer terminates tenancy between the landlord and the tenant- Rent Restriction Act, ss. 19 and 20 - G.N. 86 of 1970.

Criminal Law - Careless driving - Driver fails to exercise control over a motor vehicle thereby swerving left and right and consequently sustaining frontal damage - Whether he is guilty of careless driving c/ss. 63(2)(d) and27 (l)(b) ofthe Road Traffic Act, 1973.

Criminal Law - Recent possession doctrine - Whether applies to cover all penal offences including murder.
Criminal Law - Recent Possession - whether 8 months is recent enough tojustify the application ofthe doctrine where the article in question is a radio cassette.

Contract - Fraud - Conspiracy between employee of appellant company and respondent company to defraud appellant - Agreement void and unenforceable.
 Contract - Sale of machinery - No price agreed - Agreement void for uncertainty - S. 29 Law of Contract Ordinance, Cap. 433.

Criminal Practice and Procedure - Restitution order- Rightful owner of property not established - Whether proper to make any order of restitution.

Evidence - Witnesses - Witness lying on materialparticular- Danger of believing same witness on other particulars - Whether testimony suspect or discredited.

Criminal Practice and Procedure - Limitation - Period of Limitation - Purpose of -Whether right of appeal can be indefinite - Magistrates’ Courts Act. 1984, s.25(l).
Criminal Practice and Procedure - Appearance -Right to appear by accused - Duty of court - Exceptions to the rule - Effect of such irregularity - Magistrates' Courts Act 1984 ss.34 and 37(2). 
Evidence - Confessions - Involuntary confessions - Presence of further relevant fact proving a conduct - Whether admissible -

Rules of Evidence in Primary courts, G.N. No. 22/1964 Rule 9 (2) (b).
Statutory Interpretation - "Failure of Justice" - Meaning of -Magistrates’ Courts Act 1984 s. 37(2).

Criminal Law - Failure to comply with a lawful order - Essential ingredients ofthe offence - Penal Code, section 124.
Criminal Law - Criminal trespass - Ingredients ofthe offence - Penal Code, section 299(1).
Criminal Practice and Procedure - Injunction - When interim injunction granted in criminal cases - Primary Courts Civil Procedure Rules 1974, GN 310, section 17(1)(2).

Evidence - Dying declaration - Deceased’s persistence in implicating assailant - Whether may be relied upon.
Evidence - Identification - Conditions of identification not ideal - Unsafe to convict in the absence of corroboration.

Criminal Law- Provocation - One’s uncle committing adultery with wife of another uncle - Whether provocation.
Criminal Law - Mistake of fact - No indication whether a witness could have known about the mistake of fact - Whether failure by prosecution to call such a witness would lead to an adverse inference against the prosecution.

Criminal Law - Regulation of Prices Act 1973, s. 8(1) - Selling goods above aggregated price - Whether an offence.
Statutory Interpretation - Aggregate price and Maximum price -
Whether same -Meaning of- Regulation of Prices Act 1973, ss. 20 and 26.
Statutory Interpretation - Delegated legislation - Construction of - Where doubts arise, benefit of doubt should be given to the accused.

Family law - Division of Matrimonial assets in the nature of matrimonial proceedings - Law of Marriage Act, 1971 - Part VI.
Civil Practice and Procedure - Matrimonial Proceedings - Appeal from Primary Court to District Court - Whether any District Court has jurisdiction to hear appeal from Primary Court - Law of Marriage Act, 1971 s.80 as amended by Act No. 15 of 1980.

Criminal Law - Uttering a false document - Permit to hold ngoma issued in contravention of an alleged quarantine - Whether the permit which was not required by law amounted to a false document in law -Whether there was utterance as defined by section 5 ofthe Penal Code.

Criminal Law - Contempt of court - Accused refuses to answer a question from a co-accused - Presiding magistrate overrules such objection - Accused still refuses to reply - Whether accused is guilty of contempt of court, (s. 114(2) of the Penal Code).
Criminal Practice and Procedure - Contempt of court - Magistrate convicts accused person in a summary proceeding without drafting a charge of contempt of court - Whether failure to do so occasioned a failure of Justice.

CriminalPractice andProcedure - Charges - Impersonating a Public Officer contrary to s. 100 ofthe Penal Code - Whether conviction maintainable where accused was originally charged under a wrong sub-section.

Land Law - Compensation - Compensation for improvements made on another person’s plot - Whether the one who made Improvements is entitled to compensation.

Land Law - Acquisition of land under the Land Acquisition Act, (No. 47 of 1967) - Procedure to be followed.
Land Law - Acquisition of land under the Land Acquisition Act (No. 47 of 1967) - Whether Act applies to the land belonging to peasants.
Land Law - Right of Occupancy - Whether land held under customary tenure falls under the definition of right of occupancy - Whether authorities can grant a formal right of occupancy in respect of Land held under customary tenure, i.e,. deemed right of occupancy.

Labour Law - Employment Ordinance - Complainant driving and keeping respondent’s taxi and retaining 20% of earnings - Whether relationship of Employer and employee existed to attract prosecution for breaches of the Employment Ordinance.

Civil Practice and Procedure - Assessors - Whether trial court’s award invalid where assessor does not express opinion,
Family Law - Cohabitation - Whether court can compel cohabitation - Law of Marriage Act, 1971 section 140.

Civil Practice and Procedure - Appeal - Notice of motion - Application for leave to appeal to Court of Appeal and leave to appeal out of time - Whether can be made to the Court of Appeal - R. 44 Court of Appeal Rules G.N. 102 of 1979.

Criminal Law - Arson - Whether a previous quarrel and threat sufficient for conviction of the offence of arson.

Criminal Law - Forcible entry on land - Ingredients of the offence - Penal Code, section 85.

Evidence - Circumstantial evidence - Voice identification by itself in a murder case - Whether sufficient/reliable.
Evidence - Circumstantial evidence - Exhibit seized in appellant’s absence - Neither shown to appellant nor asked of it - Whether sufficient evidence to link it to appellant.

Tort - Negligence - Vicarious liability - Unauthorised employee drives employer’s vehicle -Scope of employment - Whether employer vicariously liable.
Tort - Costs -Appeal - Defect in preparation of record - Documents omitted - Party successful - Whether entitled to all costs.

Land Law - Customary leasehold - Lease surrendered before application of Enfranchisement Act - Whether land enfranchised - Customary Leaseholds(Enfranchisement) Act No. 47 of1968.
Civil Practice and Procedure - Jurisdiction - Customary leasehold - Customary Land Tribunal and Minister for Lands - Whether, they have jurisdiction over land formerly held under a customary leasehold but ceased to be so held before application of Enfranchisement Act.
Civil Practice and Procedure - Appeal - Customary land Tribunal - Appeal to Minister - Additional evidence - Whether party has right to cross-examine witnesses against him.
Civil Practice and Procedure - Appeal - Customary Land Tribunal - Appeal to Minister - Parties - Whether persons not parties to original proceedings can be joined. 
Civil Practice and Procedure - Appeal - Customary Land Tribunal - Appeal to Minister - Decision does not identify persons entitled to award - Whether proper.
Civil Practice and Procedure - Appeal - Customary Land Tribunal - Appeal to Minister - Award given to person not party to proceedings - Whether proper.

Family law - Custody of Children - Whether allegation of emergency situation has to exist before a pendente lite order for custody of
children.
Family Law - Maintenance of spouse - When court is empowered to make interim order of maintenance.

Land law - Vacant possession - Whether lack of alternative accommodation is a bar to making an order of vacant possession - S. 19(1) (e)(ii) ofthe Rent Restriction Act, 1963.

Criminal Practice and Procedure - Burden of proof- Corruption offences - Burden lies on prosecution to show reasonable suspicion of corruption or unlawful acquisition - Section 9(1) of the Prevention of Corruption Act 1971.
Evidence - Hostile witness - Meaning of- Prevention of Corruption Act 1971 - Interpretation - Meaning of "may reasonably be suspected of having corruptly acquired" under section 9(1) of the Prevention of Corruption Act 1971.

Criminal Practice and Procedure - Trial before Primary Court - Unders 4I(2) of the Magistrates’ Courts Act accused has to be asked before making any plea if he is satisfied that his trial should be conducted in the Primary Court. In this case the accused were asked after they had made their pleas - Whether this occasioned a failure of justice.

Civil Practice and Procedure - Appeals - Failure to serve copy of application for record of appeal- Whether appeal time barred - Rule 83(2) of Tanzania Court of Appeal Rules, 1979.
Civil Practice and Procedure - Appeals - Effect of failure to serve notice of appeal Memorandum and record of appeal - Rules 77 & 90 of Tanzania Court of Appeal Rules, 1979.
Civil Practice and Procedure -Appeals- Effect of omission of letters and exhibits produced at trial but not reflected in record of appeal - Rule 89(l)(c) & k of Tanzania Court of Appeal Rules, 1979.

Evidence - Admissions - Words spoken by an accused in his plea of guilty to one count - Whether such words can be used in evidence
against him.

Tort - Nuisance - Standard to be applied in determining degree of interference by nuisance to comfort or convenience - Test of average man - Character of neighborhood.
Tort - Nuisance - When nuisance is actionable - Test of tolerance and acceptability of discomfort and inconvenience.

Criminal Practice and Procedure - Adjournment - Courts powers to adjourn cases under s.20l of the Criminal Procedure Code Cap. 20 - Discretion must be exercised judicially and not arbitrarily.
Criminal Practice and Procedure - Trial- Trial in absentia - Whether a subordinate court can proceed with trial in the absence of the  accused where after closure of prosecution's case the accused fails to appear at the date fixed for his defence.