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Tanzania Case Law

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Criminal law CRIMINAL APPLICATION NYIDO MWANDIKI

CRIMINAL APPLICATION NYIDO MWANDIKI

The trial court lacked jurisdiction to try the appellant as he was a minor at the time of the offence; proceedings, conviction, and sentence are nullified.

  • Jurisdiction
  • Age of majority
  • Unlawful possession
  • Fair trial
  • Sentencing
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Criminal law abel orua matiku others vs republic 2024 tzca 78 21 february 2024

abel orua matiku others vs republic 2024 tzca 78 21 february 2024

The Court of Appeal dismissed a murder appeal, upholding findings on identification, credibility, alibi, proof beyond reasonable doubt, and juvenile sentencing.

  • Murder
  • Visual identification
  • Alibi
  • Sentencing of juveniles
  • Standard of proof
  • Credibility of witnesses
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Human rights law kadumbagula et magunga c republique unie de tanzanie requete n 0312017 2024 afchpr 11 4 juin 2024

kadumbagula et magunga c republique unie de tanzanie requete n 0312017 2024 afchpr 11 4 juin 2024

The Court found that the second applicant's right to legal assistance was violated as he was indigent and charged with a serious offence, that the imposition of life imprisonment on a juvenile without considering his age and the availability of a lighter penalty violated international standards, and that corporal punishment as an alternative sentence is incompatible with the African Charter. The application of a lighter penalty should have been considered under Article 15(1) ICCPR. The first applicant's claim was dismissed as untimely.

  • Right to fair trial
  • Right to legal assistance
  • Retroactive application of lighter penalty
  • Juvenile sentencing
  • Prohibition of inhuman or degrading punishment
  • Exhaustion of domestic remedies
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Civil procedure mohamed said msangi v johari peter masonga 2023 tzhc 20428 28 july 2023

mohamed said msangi v johari peter masonga 2023 tzhc 20428 28 july 2023

The High Court held an omnibus application combining extension of time and revision was incompetent, but granted extension of time to seek revision based on alleged illegality.

  • Extension of time
  • Omnibus applications
  • Revision proceedings
  • Illegality as ground for extension
  • Extension-of-time
  • Omnibus-applications
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Criminal law salmin hassani maliki vs republic 2023 tzhc 19890 30 june 2023

salmin hassani maliki vs republic 2023 tzhc 19890 30 june 2023

High Court criminal appeal struck out as frivolous and vexatious after the court found the appeal poorly pursued, inconsistent, and unsupported by the record.

  • Malicious damage to property
  • Standard of proof
  • Procedural irregularities
  • Appeal procedure
  • Criminal-appeal
  • Juvenile-justice
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Criminal law benjamin michael vs republic 2023 tzhc 16954 28 april 2023

benjamin michael vs republic 2023 tzhc 16954 28 april 2023

The High Court upheld a guilty plea conviction for attempted rape but set aside the 30-year sentence because the trial court failed to inquire into the appellant’s age.

  • Attempted rape
  • Plea of guilty
  • Procedural irregularity
  • Age determination
  • Sentencing
  • Guilty-plea
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Civil procedure marko haule vs veronica lawrence 2022 tzhc 10326 30 june 2022

marko haule vs veronica lawrence 2022 tzhc 10326 30 june 2022

The High Court granted leave to appeal to the Court of Appeal, finding the proposed grounds arguable and worthy of appellate attention.

  • Leave to appeal
  • Admissibility of evidence
  • Relief not sought
  • Procedural compliance
  • Leave-to-appeal
  • Appellate-procedure
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Criminal law CHRISTOPHER PIUS

CHRISTOPHER PIUS

The trial court erred by determining the Respondent's age based solely on physical appearance without conducting the required inquiry under the Law of the Child Act, and the sentence imposed was not in accordance with the law. The proceedings, judgment, sentence, and compensation order are nullified, and a retrial is ordered before a competent magistrate.

  • Sentencing
  • Age determination
  • Rape
  • Jurisdiction
  • Compensation
  • Procedure
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Civil procedure kuruthum moshi rashid vs amos wambura serikali 2021 tzhc 7487 3 december 2021

kuruthum moshi rashid vs amos wambura serikali 2021 tzhc 7487 3 december 2021

High Court struck out a juvenile civil appeal as incompetent for failing to attach required documents or obtain leave to dispense with them.

  • Appeals from juvenile court
  • Attachment of documents to memorandum of appeal
  • Application of civil procedure code
  • Interpretation of procedural rules
  • Juvenile-appeals
  • Civil-procedure
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Criminal law 20180704 TZCA Mwanza

20180704 TZCA Mwanza

The notice of appeal was filed within the statutory period by submission to the prison officer; the summary rejection was improper as the judge did not review the record; the appellant, being a juvenile and first offender, should have received corporal punishment only, not imprisonment.

  • Rape
  • Appeal procedure
  • Sentencing of juveniles
  • Summary rejection of appeals
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.