High Court of Tanzania

Criminal Law - Theft - Proceeds of stolen government cheque deposited in a bank account - Whether withdrawal ofcashfrom the bank account amounts to stealing government money.  Commercial Law - Banker-customer relationship - One of debtorcreditor.

Criminal Practice and Procedure - Trial before Primary Court -
Unders.4I(2)ofthe Magistrates’ Courts Act accused has to be
askedbefore making anyplea ifhe issatisfied that histrialshould
be conducted in the Primary Court. In this case the accused
were asked after they had made their pleas - Whether this H
occasioned afailure ofjustice.

Civil Practice and Procedure - Appeals - Failure to serve copy of
application forrecordofappeal- Whether appeal time barred -
D Rule 83(2) ofTanzania Court ofAppeal Rules, 1979.
Civil Practice and Procedure - Appeals - Effect offailure to serve
notice ofappeal and memorandum and recordofappeal - Rules
77 & 90 ofTanzania Court ofAppeal Rules, 1979.
CivilPractice andProcedure -Appeals- Effect ofomission ofletters
E andexhibitsproducedat trial but notreflected in recordofappeal
- Rule 89(l)(c) & k ofTanzania Court ofAppeal Rules, 1979.

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

Criminal Practice and Procedure - Adjournment - Courts powers B
to adjourn cases under s.20l ofthe Criminal Procedure Code
Cap. 20 - Discretion must be exercised judicially and not
arbitrarily.
CriminalPractice andProcedure - Trial- Trial in absentia - Whether
a subordinate court can proceed with trial in the absence ofthe C
accused where after closure ofprosecution s case the accused
fails to appear at the datefixedfor his defence.

Criminal Law - Abusive language - Use ofabusive language in such E a manner as is likely to cause a breach ofthe peace - S. 89(l)(a) ofthe Penal Code Cap. 16 ofthe Laws. Criminal Practice and Procedure - Compensation - Whether proof ofthe use ofabusive language unders.89(J)(a) ofthe Penal code is sufficientforthe court to impose compensation unders. 176 of F the Criminal Procedure Code Cap. 20 without proofofmaterial loss orpersonal injury.