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Tanzania decisions
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High Court criminal appeal partly allowed: the conviction and sentence were upheld, but the order requiring the appellant to serve the sentence afresh was quashed.
The High Court rejected a plea of autrefois acquit, holding that the earlier case concerned an extract resolution, while this case concerns different minutes.
The court found that the prosecution proved the offence of incest by male beyond reasonable doubt through credible and corroborated evidence of the victim and her mother, with no material contradictions undermining the case. The alleged double jeopardy was rejected as the previous and current charges were for different offences committed at different times with different ingredients.
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The Applicant admitted to the acts constituting gross negligence, including authorizing transactions without proper verification and using another employee's credentials. The Respondent proved the misconduct, and the Arbitrator's decision was justified. The absence of a criminal case does not preclude termination for negligence under employment law.
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The High Court dismissed most grounds of appeal over forest-offence convictions, upholding conviction, forfeiture, and sentence, but ordered the first appellant’s sentences to run concurrently.
The Court is not functus officio as it has not previously determined the issue of refusal to register the arbitral award; pursuing an appeal and an application to set aside a default judgment does not amount to double jeopardy or abuse of process; however, proceeding with the appeal while the application to set aside the default judgment is pending would cause confusion in the administration of justice, thus the appeal should be struck out.
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Section 37(5) of the ELRA prohibits disciplinary action only when a criminal charge has been laid in court; police investigations do not trigger this prohibition. The High Court erred by applying a purposive interpretation to clear statutory language, expanding the scope to include police investigations without legislative basis.
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The High Court allowed a criminal appeal, quashed a trespass conviction and illegal sentence, and held that a prior acquittal barred retrial on the same facts.
The High Court dismissed a labour revision challenging a CMA award on unfair termination, finding no fatal defect in the revision notice and upholding the award.
The High Court held Jacqueline Mushi’s dismissal was substantively fair but procedurally unfair, reduced compensation to four months’ salary, and set aside the blacklist order.
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