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Tanzania decisions
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The High Court held that the Primary Court lacked jurisdiction to determine a dispute dependent on electronic evidence, nullified the proceedings, and set aside the lower orders.
The prosecution failed to scientifically establish the nature of the trophies and did not prove the location of the offence within the statutory boundaries of the Serengeti National Park. The GPS map printout was not properly authenticated as electronic evidence, and the inventory form was not justified in lieu of physical exhibits. The trial court's conviction and sentence were not supported by admissible and sufficient evidence.
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The High Court’s Corruption and Economic Crimes Division held that a flash disc containing a bank statement was inadmissible because it was not properly authenticated.
Prosecution failed to prove beyond reasonable doubt that appellant was arrested within statutory boundaries of Serengeti National Park, failed to establish reliability and admissibility of electronic evidence (GPS map), and expert evidence on trophy identification was insufficiently scientific; trial court's conviction and sentence are unsustainable.
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Second appeal over division of matrimonial property dismissed. The High Court held the disputed plot and house were acquired and developed by the respondent, not by joint effort.
The conviction was quashed because the prosecution failed to establish the chain of custody for the monofilament net, did not comply with legal requirements for admissibility of electronic evidence, and failed to prove the offences beyond reasonable doubt due to insufficient and improperly authenticated evidence.
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The High Court upheld a civil appeal dismissal, finding electronic WhatsApp evidence admissible, the respondent had standing, and the appellant breached the contract.
The applicants' grounds for revision were not part of their original pleadings before the CMA, and parties are bound by their pleadings. The evidence, including the CCTV footage, was properly admitted and not challenged at the appropriate stage. The applicants failed to prove procedural or substantive unfairness in their termination. The CMA's decision in favour of the respondent was justified.
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The appeal was allowed because the trial court improperly admitted and relied on electronic evidence (voice recording) without proper foundation and statutory compliance, and after expunging that evidence, the respondents failed to prove publication of the alleged defamatory statements to a third party or that the statements referred specifically to them. Reliance on a criminal conviction for abusive language was also misplaced as the elements differ from defamation.
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The High Court held that computer-generated invoices supported by an authenticity affidavit were admissible and admitted them as Exhibit P3.
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