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Tanzania decisions
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The court granted the recall of PW3 for further cross-examination as new facts regarding his accreditation are material to the legality of evidence and essential for a just decision.
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The trial court failed to properly comply with section 127(2) of the Evidence Act in admitting the testimony of PW1, a child of tender age, rendering her evidence inadmissible and leaving insufficient evidence to justify conviction.
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The High Court allowed a probate appeal, holding the probate cause was filed out of time without extension and the lower courts lacked jurisdiction.
The Court of Appeal upheld Tafifu Hassan @ Gumbe’s conviction for rape and unnatural offence, but revised the second-count sentence to life imprisonment.
Second appeal over an unnatural offence conviction. The Court found the defence had been omitted below, expunged the PF3, and substituted life imprisonment.
The conviction was quashed because the trial court failed to properly examine the child witness (PW2) as required by section 127(2) of the Evidence Act, rendering her evidence valueless and leaving no sufficient evidence to support the conviction.
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The proceedings were vitiated by the failure to join the seller, Said Luponya, as a necessary party, which is a fatal defect requiring nullification of the proceedings, judgment, and decree. The matter must be heard de novo with the seller joined as a respondent.
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The High Court allowed a criminal appeal over unlawful possession of government trophies, finding serious evidential and procedural defects and quashing the conviction and sentence.
The Ward Tribunal was properly constituted in accordance with statutory requirements; procedural informality did not cause injustice; evidence was sufficient to decide the dispute without visiting the locus in quo; appellant was not denied the right to call witnesses; appeal lacks merit.
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Failure to conduct a voire dire examination on PW1, a child of tender age, rendered her evidence improperly received, leaving no cogent evidence to sustain the conviction.
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