Tanzania Case Law

Judgement Consolidated Land Appeal No

Court

TANZLII

The tribunal failed to observe mandatory procedures during the visit to the locus in quo, including not recording proceedings, not allowing testimony or cross-examination, and improperly admitting the surveyor's report. These procedural irregularities vitiated the proceedings, judgment, and orders, necessitating their nullification and a remittal for retrial before a different chairman with proper procedures.

Source excerpt

• Procedures for visit to locus in quo
• Nullification of proceedings
• Right to fair trial
• Admissibility of expert evidence

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ulimwengu morad vs lugonda ntami 2022 tzhc 15224 13 december 2022

Court

TZHC

The High Court allowed a criminal appeal, holding that the respondent was not denied mitigation and that an untested expert report was properly excluded.

• Wilful destruction of property
• Negligence
• Right to mitigation
• Admissibility of expert evidence
• Right to be heard
• Criminal-appeal

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20121107 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal partly allowed a dispute over wrongful excavation, setting aside a special damages award for lack of strict proof and substituting general damages.

• Compensation for wrongful excavation
• Validity of mining licences
• Assessment of special damages
• Admissibility of expert evidence
• Corporate veil and liability
• Special-damages

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20120222 TZCA Mwanza

Court

TZCA

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.

Source excerpt

• Admissibility of expert evidence
• Right to cross-examination
• Procedural fairness
• Confessions under alleged torture
• Corroboration of evidence

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richard bukori vs republic 2012 tzca 245 15 february 2012

Court

TZCA

The failure of the trial court to give the unrepresented appellant an opportunity to cross-examine the maker of the handwriting expert report (Exh. P4), especially after he indicated disagreement with its contents, was a fatal irregularity that denied him a fundamental right, warranting the quashing of the conviction and setting aside of the sentence.

Source excerpt

• Admissibility of expert evidence
• Right to cross-examine
• Procedural fairness

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ud 7132 wo ii simon mwaijande vs republic 1996 tzhc 34 16 february 1996

Court

TZHC

The High Court quashed Simon Mwaijande’s convictions after finding the prosecution’s handwriting evidence and document handling were fatally flawed.

• Making false documents
• Uttering false documents
• Stealing by person employed in public service
• Admissibility of expert evidence
• Procedure for admitting documentary evidence
• Standard of proof in criminal cases

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19950721 TZHC Dar es Salaam

Court

TZHC

The High Court dismissed a criminal appeal challenging admission of a handwriting expert’s report, holding the report was properly admitted and the convictions stood.

• Forgery
• Conspiracy to defraud
• Uttering false documents
• Theft
• Admissibility of expert evidence
• Conspiracy-to-defraud

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francis misonge vs republic 1995 tzhc 720 21 july 1995

Court

TZHC

The High Court upheld convictions for forgery, conspiracy, uttering false documents, and stealing, holding that an unobjected-to handwriting expert report could be relied on.

• Forgery
• Conspiracy to defraud
• Uttering false documents
• Stealing
• Admissibility of expert evidence
• Criminal-law

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