Tanzania Case Law

Pc Civil Appeal 10 of 2023 Judgment Mrisha J

Court

TANZLII

The High Court found that the respondent had proven acquisition of the plot and building materials before the relationship, justifying the 60% exclusion from division. However, the procedure for admitting the sale agreement was violated, and the exhibit was expunged, but the remaining evidence sufficed. The maintenance amount set by the first appellate court was inadequate given economic changes and the number of children; thus, it was increased to Tsh 150,000 per month for both children.

Source excerpt

• Division of matrimonial property
• Child maintenance
• Presumption of marriage
• Evidentiary procedure

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mwiteka godfrey mwandemele vs republic 2022 tzca 586 29 september 2022

Court

TZCA

The prosecution proved beyond reasonable doubt that the appellant trafficked in narcotic drugs; the charge contained sufficient particulars; the evidence, excluding the unsworn testimony, was credible and corroborated; procedural errors did not occasion a miscarriage of justice; the sentence must commence from the date of conviction, not arrest.

Source excerpt

• Narcotic drugs
• Trafficking
• Defective charge
• Evidentiary procedure
• Sentencing
• Defence of alibi

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matiku so thomas vs republic 2022 tzhc 13236 16 september 2022

Court

TZHC

The appeal was dismissed because the grounds raised by the appellant lacked merit: the variance in the victim's age was not prejudicial as the victim was under 18; the victim's testimony was properly taken under oath; non-compliance with section 210(3) was not shown to have caused prejudice; the PF3 was properly admitted; identification was reliable; and the prosecution proved the case beyond reasonable doubt.

Source excerpt

• Unnatural offence
• Sexual offences against children
• Evidentiary procedure
• Identification of accused
• Defective charge
• Appeals

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damian jankowski krzysztof and another vs republic 2022 tzhc 381 11 february 2022

Court

TZHC

The court held that the search and seizure were lawful due to urgency and risk of evidence destruction, chain of custody was properly maintained and documented, disposal order was validly issued by a competent magistrate, there was no language barrier or prejudice to fair trial, and Government Chemist officers were competent to examine the samples. All grounds of appeal lacked merit and the conviction and sentence were upheld.

Source excerpt

• Narcotic drugs offences
• Search and seizure
• Chain of custody
• Right to fair trial
• Language rights
• Evidentiary procedure

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josephat paul vs abeid stambuli 2021 tzhclandd 266 25 june 2021

Court

TANZLII

The High Court set aside a land tribunal decision and remitted the case for additional evidence and a visit to the locus in quo because the evidence on boundaries and location was conflicting.

• Land ownership dispute
• Locus in quo
• Evidentiary procedure
• Appeal process
• Land-ownership-dispute
• Locus-in-quo

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msengi selemani mc vs republic 2021 tzca 254 11 june 2021

Court

TZCA

The Court of Appeal allowed a burglary and theft appeal after finding key exhibits were improperly admitted, leaving insufficient evidence to sustain conviction.

• Burglary
• Theft
• Possession of offensive instruments
• Evidentiary procedure
• Admission of exhibits
• Standard of proof

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ally said tox vs republic 2021 tzca 194 11 may 2021

Court

TZCA

The Court of Appeal of Tanzania quashed Ally Said @ Tox’s robbery conviction and sentence, finding the prosecution failed to prove stealing beyond reasonable doubt.

• Armed robbery
• Robbery with violence
• Visual identification
• Standard of proof
• Evidentiary procedure
• Criminal-law

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CRM APP

Court

TANZLII

The trial was a nullity due to lack of valid DPP consent and certificate conferring jurisdiction to the District Court, and the prosecution case was further tainted by evidential and procedural irregularities, making retrial inappropriate and requiring acquittal.

Source excerpt

• Jurisdiction of subordinate courts
• Economic and organized crime control
• Wildlife offences
• Evidentiary procedure
• Expert evidence
• Fair trial rights

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jamila mfaume makanjila mama warda vs republic 2019 tzca 373 4 november 2019

Court

TZCA

The Court of Appeal quashed a conviction for attempted armed robbery after finding the identification evidence unreliable and the cautioned statement invalid.

• Visual identification
• Evidentiary procedure
• Appeals
• Attempted armed robbery
• Visual-identification
• Criminal-appeal

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20181210 TZCA Arusha

Court

TZCA

The prosecution failed to prove beyond reasonable doubt that the firearm tendered in court was the one found in the appellant's possession due to inconsistent witness descriptions and lack of proper identification and chain of custody; thus, the conviction cannot stand.

Source excerpt

• Unlawful possession of firearms
• Unlawful possession of ammunition
• Evidentiary procedure
• Chain of custody
• Identification of exhibits

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