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Tanzania decisions
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The High Court dismissed an appeal over unpaid agency commission, holding the appellant bore the burden on client payment and that no prejudice arose from lack of Kiswahili translation.
The prosecution proved beyond reasonable doubt that the appellant, as supervisor, stole the specified amounts from the businesses, corroborated by his own admissions and documentary evidence. The variance between the charge and evidence was immaterial and did not prejudice the appellant. The forfeiture order was lawfully made as the properties were proceeds of crime.
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The High Court at Kigoma dismissed a land appeal, upholding the tribunal’s finding that the appellant failed to prove ownership of the disputed plot.
The High Court upheld Erick Francisco’s conviction for stealing a motorcycle, but reduced his five-year sentence to two years for being a first offender.
The High Court dismissed a criminal appeal against a rape conviction, holding that the child victim’s testimony was credible, corroborated, and supported by medical evidence.
The failure by the trial magistrate to administer an oath or affirmation to the respondent’s witnesses before they gave oral evidence during cross-examination constituted a fatal procedural irregularity, rendering the trial court proceedings, judgment, and decree invalid. The proper remedy is to nullify the proceedings from the point of irregularity and order a retrial before another magistrate.
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The High Court dismissed a criminal appeal against conviction for armed robbery, upholding visual identification, the caution statement, and the trial court’s treatment of the defence.
High Court dismissed a criminal appeal against a life sentence for unnatural offence, upholding the charge sheet, the victim’s evidence, and the conviction.
The High Court quashed Tanzanian land tribunal proceedings after finding two defence witnesses testified without being sworn, and ordered the evidence reheard.
The prosecution proved the offence of unnatural offence beyond reasonable doubt through coherent and credible evidence from the victim and supporting witnesses, corroborated by medical examination. The appellant failed to prove impotence, and alleged contradictions in evidence were immaterial. Medical evidence established penetration but not identity; however, the appellant was caught at the scene, confirming identity.
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