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Tanzania Case Law

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Tort law HSK SAFARI LTD DR

HSK SAFARI LTD DR

The High Court held that the first and second defendants unlawfully denied access to a hunting block, and awarded general damages for false imprisonment and denial of access.

  • False imprisonment
  • Abuse of office
  • Denial of access to property
  • General damages
  • Specific damages
  • Procedural impropriety
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Criminal law john so joseph kusanja vs the rebublic 2023 tzhc 17311 17 may 2023

john so joseph kusanja vs the rebublic 2023 tzhc 17311 17 may 2023

The appellant, as manager and an active participant in the decision and implementation of the purchase of a vehicle at a price far exceeding the amount approved by the Annual General Meeting and without the Registrar's approval, abused his office and occasioned loss to the cooperative society. The trial magistrate properly considered the appellant's defence and the prosecution proved its case beyond reasonable doubt.

  • Abuse of office
  • Occasioning loss to specified authority
  • Procedural fairness in criminal trials
  • Role of management in cooperative societies
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Criminal law CR

CR

The prosecution failed to prove beyond reasonable doubt that the first respondent conducted business of selling cars at ZBC premises or evaded tax, and failed to prove abuse of office as the second count depended on the first; suspicion alone is insufficient for conviction.

  • Tax evasion
  • Abuse of office
  • Burden of proof
  • Criminal procedure
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Labour law abdallah kinenekejo 7 others vs national microfinance bank nmb bank plc 2022 tzhcld 204 28 march 2022

abdallah kinenekejo 7 others vs national microfinance bank nmb bank plc 2022 tzhcld 204 28 march 2022

The High Court upheld the dismissal of eight NMB employees, finding they had conducted unauthorized staff opinion surveys after union consultations had closed.

  • Unfair termination
  • Trade union rights
  • Disciplinary procedure
  • Abuse of office
  • Employment contracts
  • Unfair-termination
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Criminal law mkandala gabriel mkandala and 3 others vs republic 2021 tzhc 5541 30 july 2021

mkandala gabriel mkandala and 3 others vs republic 2021 tzhc 5541 30 july 2021

The appellants exceeded their authority by purchasing a vehicle for an amount far above the AGM-approved budget, using funds intended for other purposes, without proper approval, thereby abusing office and occasioning loss to the specified authority. The prosecution proved both offences beyond reasonable doubt. Allegations of prosecutorial impartiality were not substantiated and were raised only on appeal.

  • Abuse of office
  • Occasioning loss to specified authority
  • Forgery
  • Conspiracy
  • Procedural fairness
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Criminal law basil pesambili mramba another vs republic 2015 tzhc 2106 2 october 2015

basil pesambili mramba another vs republic 2015 tzhc 2106 2 october 2015

The use of 'interests' instead of 'rights' in the charge sheet did not fatally prejudice the appellants or occasion a miscarriage of justice, as they were able to mount a full defence. The offences of abuse of office and occasioning loss, as charged, resulted in double jeopardy for the 2nd appellant on count 11, and his conviction thereon was quashed. The sentence of three years for abuse of office was unlawful and substituted with two years. The convictions on other counts were upheld as the evidence established the appellants' participation and disregard of procurement and tax exemption pro…

  • Abuse of office
  • Occasioning loss to a specified authority
  • Defective charge sheet
  • Double jeopardy
  • Sentencing
  • Tax exemption
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Criminal law 20101221 TZHC Dar es Salaam

20101221 TZHC Dar es Salaam

The High Court upheld a conviction for abuse of office arising from unauthorized project changes at the Bank of Tanzania and affirmed a two-year jail term.

  • Abuse of office
  • Burden of proof
  • Sentencing
  • Authority of public officers
  • Retrospective approvals
  • Credibility of witnesses
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Criminal law amatus joachim liyumba vs the republic 2010 tzhc 199 21 december 2010

amatus joachim liyumba vs the republic 2010 tzhc 199 21 december 2010

The High Court dismissed a criminal appeal challenging conviction for abuse of office over unauthorized project changes at the Bank of Tanzania.

  • Abuse of office
  • Public service misconduct
  • Authority of statutory bodies
  • Sentencing principles
  • Burden of proof
  • Retrospective approvals
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Criminal law 20101212 TZHC Dar es Salaam

20101212 TZHC Dar es Salaam

The High Court upheld Amatus Joachimu Liyumba’s conviction for abuse of office over unauthorized BOT project changes and affirmed the two-year custodial sentence.

  • Abuse of office
  • Occasioning loss to a specified authority
  • Burden of proof
  • Sentencing
  • Role of board of directors
  • Retrospective approvals
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Criminal law 20070330 TZHC Mwanza

20070330 TZHC Mwanza

The High Court allowed a criminal appeal, quashing Sabina Kibaki’s convictions for stealing by public servant and occasioning loss to a specified authority.

  • Stealing by public servant
  • Abuse of office
  • Occasioning loss to a specified authority
  • Burden of proof
  • Criminal-appeal
  • Stealing-by-public-servant
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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.