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Tanzania decisions
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The High Court allowed a land appeal, holding that an unauthorized representative had no locus standi before the tribunal and quashing the tribunal proceedings.
Allowing the respondent to cross-examine witnesses during ex parte proceedings was a fundamental error that vitiated the proceedings and occasioned miscarriage of justice, requiring nullification of the proceedings and a retrial.
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The Court of Appeal of Tanzania allowed a criminal appeal, finding the guilty plea equivocal because the charge and facts omitted crucial particulars and conflicted with a cautioned statement.
The High Court allowed a criminal appeal, quashed the conviction for malicious damage to property, and set aside the sentence because the trial process was unfair.
The applicant failed to demonstrate any errors apparent on the face of the record or fraud in the judgment; the grounds raised were in the nature of an appeal and not review, which is not permissible.
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The Court of Appeal dismissed a criminal review application, holding that the applicant was trying to reargue the appeal and no manifest error or illegality was shown.
Where an arbitrator adopts a model of authenticating witness testimony by appending signature, failure to apply this model equally to all witnesses, particularly by omitting to sign the testimony of one party's sole witness, raises questions of authenticity and correctness, and in the circumstances of this case, constitutes a fatal irregularity that vitiates the proceedings and occasions a miscarriage of justice.
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The High Court quashed a tribunal order annulling proceedings for failure to read the application to respondents, holding the omission caused no prejudice and the case should continue.
The conviction and sentence were quashed because the charge sheet was incurably defective and the evidence was at variance with the charge, resulting in a miscarriage of justice.
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PW1's identification of the appellant was not watertight due to lack of detailed description, possibility of mistaken identity, and long lapse of time between incident and arrest; conviction cannot be sustained.
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