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Tanzania decisions
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The High Court dismissed an appeal over unpaid agency commission, holding the appellant bore the burden on client payment and that no prejudice arose from lack of Kiswahili translation.
The High Court set aside the lower courts’ decisions after finding the primary court proceedings were a nullity because some defendants were not properly heard.
The High Court held that the Primary Court lacked jurisdiction to determine a dispute dependent on electronic evidence, nullified the proceedings, and set aside the lower orders.
Failure to comply with the mandatory steps in the Chief Justice Guidelines, specifically regarding voluntariness and free agency, renders the extrajudicial statement inadmissible.
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The prosecution failed to scientifically establish the nature of the trophies and did not prove the location of the offence within the statutory boundaries of the Serengeti National Park. The GPS map printout was not properly authenticated as electronic evidence, and the inventory form was not justified in lieu of physical exhibits. The trial court's conviction and sentence were not supported by admissible and sufficient evidence.
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The High Court allowed a civil appeal, quashed damages awarded for destroyed mango trees, and held the respondent had not proved the claim to the required standard.
The High Court’s Corruption and Economic Crimes Division held that a flash disc containing a bank statement was inadmissible because it was not properly authenticated.
The DLHT erred by basing its decision on a deed of gift that was not admitted in evidence, resulting in a grave miscarriage of justice. Without admissible proof of ownership by the respondent, the suit land remains part of the deceased's estate.
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The demand notice dated 7th December 2020 issued by the first plaintiff is a public document, and its certification suffices for admissibility under section 83(a)(ii) of the Evidence Act; objections regarding notice to produce and certification procedure are overruled in the interest of justice.
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The High Court allowed a criminal appeal over wildlife offences, quashing the conviction after finding exhibit and proof defects and ordering release unless lawfully held.
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