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Tanzania decisions
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The High Court allowed a land appeal, finding the tribunal failed to follow locus in quo procedure and denied a proper right of cross-examination, so the case was sent for retrial.
The High Court certified a point of law for appeal in a land dispute, holding that alleged denial of cross-examination during a locus in quo visit raised a certifiable legal issue.
The respondent failed to prove valid reasons for termination and did not comply with mandatory procedural requirements, including proper investigation, opportunity for cross-examination, and mitigation. The evidence did not establish that the applicant was responsible for the alleged misconduct, and the relevant regulations were not tendered or explained. Therefore, the termination was both substantively and procedurally unfair.
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Court of Appeal allowed a criminal appeal, finding the conviction unsafe because of fair-trial irregularities, prolonged police custody, and credibility doubts.
The Court of Appeal allowed a second appeal against an armed robbery conviction, finding material contradictions in prosecution evidence and unfair denial of cross-examination.
Second appeal allowed in an armed robbery case after the Court of Appeal found material contradictions, flawed reliance on recent possession, and prejudice from denied cross-examination.
The appellant was denied the fundamental right to cross-examine the maker of the expert report (Exh. P4), which was the main basis for conviction. The trial court failed to give a broad interpretation of section 205(3) of the CPA and did not ensure procedural fairness, especially as the appellant was unrepresented. Additionally, convictions based on retracted confessions and uncorroborated, inconsistent witness testimony, particularly where torture is alleged, are unsafe and cannot be sustained.
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The appeal was allowed because the appellant was denied the right to cross-examine the author of the valuation report and the respondent was not competent to tender the report, rendering the trial unfair.
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Appeal partly allowed in a property dispute after divorce. The High Court remitted the matter for joinder of a possible buyer and determination of marriage status and contributions.
The High Court allowed a robbery appeal, finding improper identification, contradictory prosecution evidence, and a serious procedural irregularity after the appellant’s re-arrest.
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