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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.
Appellant failed to argue grounds of appeal as filed and raised new grounds without leave; no sufficient reason for recusal of trial chairman; DLHT correctly applied res judicata and dismissed application.
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The trial court's failure to administer oath to the appellant before taking her testimony and failure to frame issues before trial were fatal procedural errors that vitiated the entire proceedings, judgment, and orders, necessitating a retrial before another magistrate.
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The appeal fails as no evidence supports claims of bias, reliance on false affidavit, misapprehension of marital status, disregard of 'en ventre sa mere', or deliberate concealment of heirs. The trial court acted impartially, evaluated evidence properly, recognized the second appellant as a child of the deceased, and the process of identifying heirs was ongoing and consensual.
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The trial court's failure to evaluate defence evidence was cured by appellate reassessment; prosecution evidence proved the offences of stealing by agent and malicious damage to property beyond reasonable doubt; cautioned statement was not relied upon for conviction; appellant was not prejudiced regarding PW8's evidence; value of damaged items proved was Tshs. 2,000,000, not Tshs. 34,350,000.
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The trial Magistrate's conduct in presiding over both the criminal and civil cases involving the same respondent gave rise to a real possibility of bias, undermining the requirement of impartiality and fairness. The proceedings and judgments below were thus nullified and a retrial ordered before a different Magistrate.
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The Court of Appeal dismissed Equador Limited’s review application, finding no manifest error or denial of hearing and treating the challenge as an appeal in disguise.
The trial court failed to comply with statutory requirements to seek and consider the independent opinions of the children regarding their custody, rendering the custody order legally deficient.
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The High Court allowed an appeal concerning delayed return of title security, excluding secondary evidence and reducing damages to TZS 500,000.
The trial court was biased by prematurely labeling the appellant as a 'potential thief' and improperly commenting on her demeanor in the judgment, violating procedural fairness and the presumption of innocence. The trial court failed to properly dispose of the first count as required by section 312 of the Criminal Procedure Act. The prosecution failed to prove its case beyond reasonable doubt due to missing key witness testimony, warranting nullification of proceedings, quashing of conviction, and setting aside of compensation order.
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