Tanzania Case Law

prof chepkwony v attorney general of the republic of kenya applicationno 192023 2024 eacj 4 27 march 2024

Court

EACJ

The Applicant failed to provide any objective evidence or reasonable basis to support allegations of bias or conflict of interest against Justice Charles Nyachae. The timing and nature of the application suggested an abuse of process. The presumption of judicial impartiality was not rebutted, and the threshold for recusal was not met.

Source excerpt

• Recusal of judges
• Judicial impartiality
• Bias in judicial proceedings
• Costs

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registered trustees of islamic propagation center ipc vs the registered trustees of thaaqib islamic center tic 2023 tzca 17960 14 december 2023

Court

TZCA

The Court of Appeal dismissed a review application, finding no manifest error, no denial of a hearing, and no substantiated bias in the earlier appeal.

• Review of appellate decisions
• Bias in judicial proceedings
• Right to be heard
• Manifest error on record
• Appellate-review
• Bias-in-judicial-proceedings

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20050901 TZHC Dar es Salaam

Court

TZHC

FAT, though not a legal entity, was in possession and control of property and funds, making it capable of being a special owner under the Penal Code. The prosecution proved beyond reasonable doubt the offences of theft and obtaining money by false pretences in counts 1, 3, and 8, based on documentary and witness evidence. The convictions on counts 2, 7, and 13 were not supported by sufficient evidence and were quashed. No bias or reliance on extraneous matters was established against the trial magistrate.

Source excerpt

• Theft
• Uttering false document
• Obtaining money by false pretences
• Ownership of property
• Accomplice evidence
• Burden of proof

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wilfred k mwangamba vs selina meshack solomon 2003 tzhc 65 4 november 2003

Court

TZHC

The High Court partly allowed the appeal, quashing an eviction decision and a contempt conviction, but dismissing the challenge to the estate-administrator appointment.

• Right of appeal
• Natural justice
• Bias in judicial proceedings
• Appointment of administrator
• Contempt of court
• Right-of-appeal

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NA TZHC Dar es Salaam5

Court

TZHC

The allocation of the disputed land was done by the proper village land allocation committee, not by the secretary alone. However, the village government had no lawful power to deprive the appellant, who was in actual possession and use of the land, in favour of another individual. The trial magistrate's tribalistic remarks demonstrated bias and prejudiced the determination of the suit, warranting the setting aside of the lower courts' decisions.

Source excerpt

• Village land allocation
• Possession and use of land
• Bias in judicial proceedings

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