Tanzania Case Law

amiri ally shaban another vs republic 2024 tzca 35 14 february 2024

Court

TZCA

The proceedings and convictions were nullified because the prosecution was commenced without valid consent from the DPP as required by section 26(1) EOCCA, depriving the trial court of jurisdiction. Additionally, the improper disposal of perishable evidence (giraffe meat) without the accused's presence or opportunity to be heard fatally undermined the prosecution case. A retrial was not ordered as the evidentiary defects could not be cured and would result in a miscarriage of justice.

Source excerpt

• Unlawful possession of government trophy
• Jurisdictional defects
• Consent to prosecute economic crimes
• Procedural irregularities in evidence handling
• Right to be heard

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LAND APPEAL 18397

Court

TANZLII

The absence of necessary parties (the sellers and the municipal council) in the original proceedings rendered the Trial Tribunal's judgment and orders null and void, as the tribunal lacked jurisdiction to effectively determine the dispute.

Source excerpt

• Non-joinder of necessary parties
• Nullification of proceedings
• Jurisdictional defects

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manyonyi weswa vs malibha njoya 2022 tzhc 14729 22 november 2022

Court

TZHC

The High Court quashed and set aside lower land tribunal proceedings for material record defects, lack of proper representation in family land claims, and failure to consider all grounds.

• Defective record of appeal
• Jurisdictional defects
• Right to be heard
• Representation in land disputes
• Land-law
• Civil-procedure

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CRIMINAL APPEAL NO

Court

TANZLII

The absence of specific and properly endorsed consent from the Director of Public Prosecutions for the charged offence of abuse of position deprived the trial court of jurisdiction, rendering the proceedings, conviction, and sentence a nullity and incurable by law.

Source excerpt

• Abuse of position
• Corrupt transactions in employment
• Consent of director of public prosecutions
• Jurisdictional defects
• Nullity of proceedings

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freeman aikael mbowe others vs republic 2018 tzca 586 5 october 2018

Court

TZCA

The Court of Appeal struck out a criminal appeal after finding the notice of appeal fatally defective for failing to state the specific order challenged.

• Notice of appeal requirements
• Form and content of appeal documents
• Jurisdictional defects
• Mandatory statutory compliance
• Notice-of-appeal
• Criminal-procedure

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khalid ndede vs asha daniel sanga 2014 tzhc 2349 3 november 2014

Court

TZHC

The application is incompetent due to a defective affidavit lacking the place of attestation in the jurat, violating mandatory statutory requirements.

Source excerpt

• Affidavit requirements
• Jurisdictional defects

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20140326 TZHC Dar es Salaam

Court

TZHC

The application was struck out because the applicant failed to properly move the court by not citing the specific sub-section or sub-sub-section of section 79 of the Civil Procedure Code, which is a fatal omission rendering the application incompetent.

Source excerpt

• Revisional jurisdiction
• Non-citation of enabling provisions
• Execution of decrees
• Jurisdictional defects

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20070223 TZCA Mwanza2

Court

TZCA

The Court of Appeal struck out an out-of-time criminal application because the notice of motion was unsigned, failed to cite the enabling rule, and did not state grounds.

• Extension of time
• Notice of motion requirements
• Jurisdictional defects
• Criminal-procedure
• Extension-of-time
• Notice-of-motion

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