Tanzania Case Law

rajabu hassan mfaume vs permanent secretary ministry of health community development gender eldery children 2022 tzca 148 28 march 2022

Court

TZCA

The High Court's dismissal order for being time-barred was a decree, appealable as of right. However, the Minister's extension of time was ineffectual because section 44(2) of the Law of Limitation Act requires any extension to commence immediately upon expiry of the prescribed period, and the allowable extension period had already elapsed before the action was filed. The suit was properly dismissed as time-barred.

Source excerpt

• Limitation of actions
• Ministerial discretion
• Appealability of orders
• Negligence
• Extension of time

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ruben lazaro mafuta mbunde others vs republic 2021 tzca 289 8 july 2021

Court

TZCA

The prosecution failed to prove the offences of unlawful hunting, possession, and dealing in government trophy against the first, second, and third appellants beyond reasonable doubt; convictions based on retracted confessions without corroboration and on defective charges were unsafe; conviction under a repealed statute is a nullity; only the fourth appellant was proved to be in actual possession of government trophy and his conviction and sentence (with modification) were upheld.

Source excerpt

• Unlawful hunting
• Possession of government trophy
• Dealing in government trophy
• Possession of firearms
• Procedural irregularities
• Defective charge

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thomas lugumba chacha vs republic 2021 tzca 177 6 may 2021

Court

TZCA

Charging and prosecuting the appellant under a repealed law rendered the trial and appellate proceedings a nullity, vitiating the conviction and sentence; appellant must be released as retrial would be unjust given time served.

Source excerpt

• Unlawful possession of ammunition
• Effect of repealed statute
• Illegal prosecution

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director of public prosecutions vs julieth simon peleka 2020 tzca 350 14 july 2020

Court

TZCA

The Court of Appeal held that section 13A of the Proceeds of Crime Act did not extend to confiscation after acquittal and abated appeal, and dismissed the DPP's appeal.

• Confiscation of property
• Proceeds of crime
• Statutory interpretation
• Forfeiture
• Posthumous proceedings
• Statutory-interpretation

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george moshi vs republic 2019 tzca 471 11 december 2019

Court

TZCA

The appellant was charged under a repealed statute, rendering the proceedings, conviction, and sentence a nullity; failure to cite the proper and valid law in the charge is a fatal defect that cannot be cured and vitiates the entire trial.

Source excerpt

• Defective charge
• Repeal of statute
• Fair trial
• Jurisdiction
• Appellate review

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20191210 TZCA Tabra

Court

TZCA

The charge against the appellant was founded on a repealed statute, rendering the proceedings and conviction a nullity. Failure to cite a valid law in the charge was a fatal defect that could not be cured, resulting in an unlawful prosecution and vitiating the entire trial.

Source excerpt

• Defective charge
• Repealed statute
• Fair trial
• Firearms offences

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aneth john makame vs republic 2018 tzhcced 18 8 may 2018

Court

TANZLII

The Corruption and Economic Crimes Division of the High Court is vested with jurisdiction to hear and determine bail applications under section 29(4)(d) and 36(1) of EOCCA, as the legislative intent and statutory context require a purposive interpretation to avoid absurdity and effectuate the purpose of the 2016 amendments.

Source excerpt

• Jurisdiction of high court divisions
• Bail applications under eocca
• Interpretation of statutory amendments

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201510NA TZCA Dar es Salaam

Court

TZCA

Section 99(1) of the Land Registration Act is clear that the Registrar of Titles may rectify the land register independently, subject only to a right of appeal to the High Court. The High Court judge erred in holding that a High Court order was a prerequisite for the Registrar's action. The Court of Appeal has jurisdiction to revise High Court decisions even after proceedings are concluded, and the erroneous High Court ruling is quashed and set aside.

Source excerpt

• Rectification of land register
• Jurisdiction of registrar of titles
• Supervisory and revisional powers of court of appeal
• Interpretation of section 99(1) land registration act
• Appellate jurisdiction act section 4(3)

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tanzania breweries limited vs mohamed kazingumbe 2009 tzca 19 9 october 2009

Court

TZCA

The Court of Appeal held that statutory wording required the Industrial Court Chairman to sit on revision, defeating the bias complaint, but remitted unresolved appeal grounds to the High Court.

• Natural justice
• Judicial bias
• Statutory construction
• Industrial court procedure
• Natural-justice
• Judicial-bias

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20070926 TZCA Dar es Salaam1

Court

TZCA

The Court of Appeal held that an application against a non-existing party was incompetent and struck out an extension-of-time application with costs.

• Extension of time
• Non-existent parties
• Statutory repeal and succession
• Specified corporations
• Civil-procedure
• Extension-of-time

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