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Land law 46

46

The failure of the successor chairman to record reasons for taking over the case from the original presiding chairman was a fatal irregularity, rendering the proceedings, judgment, and orders a nullity.

  • Change of presiding officer
  • Requirement to record reasons for reassignment
  • Assessment of witness credibility
  • Nullification of proceedings for procedural irregularity
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Criminal law greyson getini mwariego vs republic 2023 tzca 24 17 february 2023

greyson getini mwariego vs republic 2023 tzca 24 17 february 2023

Second appeal against a rape conviction and life sentence dismissed. The Court upheld the victim’s credibility, found her age proved by birth certificate, and relied on oral confession evidence.

  • Rape
  • Assessment of witness credibility
  • Proof of age
  • Confession evidence
  • Witness-credibility
  • Proof-of-age
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Land law matilda matigana vs peter kiula and 3 others 2021 tzhclandd 768 23 october 2021

matilda matigana vs peter kiula and 3 others 2021 tzhclandd 768 23 october 2021

The appeal was dismissed because the appellant failed to prove ownership of the disputed land on a balance of probabilities, did not properly admit secondary evidence, and the Tribunal was justified in relying on the respondents' admitted documents. The Chairman was not bound by the assessors' opinion and gave reasons for departing from it.

  • Ownership of land
  • Admissibility of evidence
  • Secondary evidence
  • Assessment of witness credibility
  • Binding nature of assessors' opinions
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Criminal law atupakisye mwakajila vs isack mwakajila 2020 tzhc 4336 21 december 2020

atupakisye mwakajila vs isack mwakajila 2020 tzhc 4336 21 december 2020

The High Court restored a Primary Court conviction for malicious damage to property, holding that eyewitness evidence was sufficient and the lower appellate court erred.

  • Malicious damage to property
  • Standard of proof
  • Assessment of witness credibility
  • Appellate review
  • Malicious-damage-to-property
  • Criminal-appeals
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Criminal law 20180215 TZCA Mbeya

20180215 TZCA Mbeya

The evidence of the child victim, though unsworn due to improper voire dire, was credible and consistent, and corroborated by medical evidence. The trial court properly considered the appellant's defence and the failure to call the investigator was not fatal. The conviction and sentence were upheld as the prosecution proved the case beyond reasonable doubt.

  • Unnatural offence
  • Evidence of child witnesses
  • Corroboration
  • Voire dire
  • Standard of proof
  • Assessment of witness credibility
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Criminal law sudy mashawa kasala another vs republic 2017 tzca 394 10 october 2017

sudy mashawa kasala another vs republic 2017 tzca 394 10 october 2017

The Court of Appeal upheld one murder conviction based on reliable recognition evidence, but set aside the second appellant’s conviction for lack of supporting evidence.

  • Murder
  • Visual identification
  • Evidence admissibility
  • Trial procedure
  • Assessment of witness credibility
  • Criminal-law
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Criminal law CRIMINAL APPEL NO 363 OF 2017 HUSSEIN MWISHEHE SUDI VS THE REPUBLIC

CRIMINAL APPEL NO 363 OF 2017 HUSSEIN MWISHEHE SUDI VS THE REPUBLIC

The prosecution evidence, particularly from PW1 and corroborated by PW2 and bank records, proved beyond reasonable doubt that the appellant obtained TZS 12,000,000.00 by false pretence. The defence of alibi was considered and rejected, and alleged contradictions in the amount paid were found to be typing errors, not material discrepancies.

  • Obtaining money by false pretence
  • Defence of alibi
  • Assessment of witness credibility
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Criminal law ex f 5842 dc maduhu vs republic 2015 tzca 229 3 september 2015

ex f 5842 dc maduhu vs republic 2015 tzca 229 3 september 2015

The evidence established beyond reasonable doubt that the appellant murdered the deceased; the prosecution witnesses were consistent on material facts; any inconsistencies were minor; and the circumstantial evidence formed an unbroken chain pointing to the appellant's guilt.

  • Murder
  • Standard of proof
  • Circumstantial evidence
  • Assessment of witness credibility
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Criminal law ex f 5842 dc maduhu vs republic 2015 tzca 511 3 september 2015

ex f 5842 dc maduhu vs republic 2015 tzca 511 3 september 2015

The Court of Appeal upheld a murder conviction, finding the circumstantial evidence complete and any testimonial inconsistencies immaterial.

  • Murder
  • Circumstantial evidence
  • Standards of proof
  • Assessment of witness credibility
  • Circumstantial-evidence
  • Criminal-appeal
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Criminal law abdallah said mwingereza vs republic 2015 tzca 56 14 july 2015

abdallah said mwingereza vs republic 2015 tzca 56 14 july 2015

The Court of Appeal upheld a conviction for unlawful possession of firearms, holding that the prosecution evidence was credible and sufficient.

  • Unlawful possession of firearms
  • Standard of proof
  • Assessment of witness credibility
  • Right to be heard
  • Criminal-law
  • Firearms-offences
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