Tanzania Case Law

PETER SAMWELI NDEKEJA

Court

TANZLII

The trial court's failure to ensure the consent and certificate from the DPP were properly stamped and endorsed, improper identification and admission of exhibits, recording of evidence in bullet form, and conducting an illegal search at night without a warrant or court order constituted fundamental procedural irregularities that vitiated the entire proceedings and conviction, warranting acquittal without retrial.

Source excerpt

• Unlawful possession of government trophy
• Jurisdiction of trial court
• Admissibility of evidence
• Procedural irregularities
• Search and seizure

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Mgema Mbajo Masanja

Court

TANZLII

The proceedings before the trial court were null and void due to irregularities in the consent and certificate conferring jurisdiction, which failed to name the charged offences as required by law. Consequently, the conviction and sentence are quashed and set aside. A retrial is not ordered due to weaknesses in the prosecution's case and to avoid injustice.

Source excerpt

• Jurisdiction of trial court
• Defective consent and certificate
• Chain of custody
• Unlawful possession of weapon
• Unlawful possession of government trophy
• Standard of proof

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letshego bank tanzania ltd another versus furaha lamson siame 2024 tzhc 782 11 march 2024

Court

TZHC

The High Court allowed an appeal, holding the trial court should have dismissed the earlier suit for nonattendance at pretrial and mediation, not struck it out with leave to refile.

• Dismissal of suit
• Mediation procedure
• Court fees
• Breach of contract
• Jurisdiction of trial court
• Civil-procedure

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CIVIL APPEAL NO

Court

TANZLII

The trial court erred in failing to determine the status of Plot No. 207 Block B at Mbweni Malindi as a matrimonial property, as the existence of a pending High Court case did not oust its jurisdiction. Upon re-evaluation of evidence, the plot was found to be the appellant's sole property, not a matrimonial asset. The Ford Ranger vehicle, acquired during marriage, was deemed a matrimonial property and awarded to the appellant. Other properties were distributed as per the trial court's decision.

Source excerpt

• Division of matrimonial property
• Custody of child
• Jurisdiction of trial court
• Evidence evaluation

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Jdg in Cr

Court

TANZLII

The trial court lacked jurisdiction as the DPP's certificate of transfer was not filed; thus, the proceedings, conviction, and sentence are nullities. A retrial is ordered as the evidence on record is sufficient and a retrial will not allow the prosecution to fill gaps in its case.

Source excerpt

• Jurisdiction of trial court
• Unlawful possession of government trophy
• Procedural irregularities
• Retrial criteria

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DC CRIMINAL APPEAL 9593 OF 2024 SALUMSUDI SUEDI

Court

TANZLII

The prosecution failed to prove its case beyond reasonable doubt due to improper identification and admission of exhibits, broken chain of custody, procedural irregularities in recording statements, and confusion regarding the charge sheet and jurisdiction, rendering the conviction unsafe.

Source excerpt

• Unlawful possession of firearms
• Unlawful entry into game reserve
• Chain of custody
• Admissibility of evidence
• Jurisdiction of trial court
• Procedural irregularities

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CRIMINAL APPEAL NO

Court

TANZLII

The trial court's proceedings and judgment are vitiated due to the absence of PW5's testimony from the record, creating a material discrepancy between the judgment and the trial record, which prevents proper appellate review. The error is not based on insufficiency of evidence but on the lack of a complete and accurate record. Accordingly, the proceedings and judgment are quashed and set aside, and a retrial is ordered before a different magistrate.

Source excerpt

• Unlawful possession of government trophies
• Jurisdiction of trial court
• Chain of custody
• Standard of proof in criminal cases
• Retrial procedure

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josephina meshack another vs republic 2023 tzhc 22387 13 october 2023

Court

TZHC

The trial court lacked jurisdiction as the DPP's Consent and Certificate were not properly endorsed by the trial magistrate or reflected on record. Additionally, the prosecution evidence was contradictory and insufficient to sustain a conviction, particularly regarding the identity and valuation of the alleged trophy and the involvement of the premises owner.

Source excerpt

• Unlawful possession of government trophy
• Jurisdiction of trial court
• Admissibility of prosecution evidence
• Chain of custody
• Retrial standards

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katemi bulogo ihagala vs the republic 2023 tzhc 19236 21 july 2023

Court

TZHC

The High Court nullified a criminal conviction after finding the charge sheet was irregularly substituted and the trial court lacked jurisdiction.

• Unlawful possession of firearm
• Unlawful possession of ammunitions
• Jurisdiction of trial court
• Procedural irregularities
• Substitution of charge sheet
• Criminal-appeal

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bernard matutu vs republic 2022 tzhc 14862 29 november 2022

Court

TZHC

The trial court lacked jurisdiction as the DPP's certificate was issued under the wrong subsection, rendering the proceedings, conviction, and sentence a nullity. The evidence was insufficient and improperly admitted, and a retrial would not serve justice.

Source excerpt

• Jurisdiction of trial court
• Admissibility of evidence
• Requirement of dpp's consent and certificate
• Right to defence
• Search and seizure procedures

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