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Tanzania decisions
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The High Court dismissed a second civil appeal over loan recovery, upholding findings on the loan amount, admissibility of unstamped documents, and company representation.
Appellant failed to prove her father had good title or how he acquired the disputed land; evidence shows land originally belonged to respondent's family; respondent's evidence was heavier and consistent; DLHT properly evaluated evidence and reached correct decision.
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Minor discrepancies in prosecution evidence did not go to the root of the case; prosecution witnesses were credible; evidence of penetration was corroborated; trial court's failure to evaluate evidence was cured by appellate court's re-evaluation; prosecution proved case beyond reasonable doubt.
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The plea of guilty was not unequivocal because the prosecution failed to state the weight of the narcotic drug in the facts, which is an essential element of the offence and determinant of sentence and jurisdiction. The trial court did not comply with procedural requirements for recording a valid plea of guilty, rendering the conviction and sentence invalid.
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The trial tribunal complied with statutory requirements; assessors' opinions were solicited and read as recorded in proceedings; ground of appeal lacks merit.
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The High Court dismissed a second land appeal, holding it could not entertain new grounds not raised before the first appellate tribunal.
The appellate court found the trial court properly analyzed evidence for unlawful possession of weapons and, upon re-evaluation, sufficient evidence for unlawful possession of government trophies was established. Exhibits were tendered and admitted. The convictions and sentences were affirmed.
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Second appeal against a rape conviction dismissed. The Court upheld the conviction and 30-year sentence, expunged an unread medical report, and found the evidence sufficient.
The appellant's plea was unequivocal, voluntary, and properly recorded; no procedural irregularity occasioned a failure of justice; however, the sentence of 20 years was manifestly excessive given mitigating factors and is reduced to 2 years.
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The trial court's failure to properly enter conviction was not fatal and is curable under section 388 of the CPA; the sentence imposed was incorrect and must be substituted with the statutory minimum; the prosecution proved the offence of arson beyond reasonable doubt based on circumstantial evidence.
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