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Tanzania decisions
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The High Court lacks original jurisdiction to order dismissal from employment or revocation of a nurse's certificate under the Nursing and Midwifery Act 2010; such powers are vested in the Council and Minister, with the High Court's jurisdiction being appellate only after exhaustion of remedies. However, the Court retains jurisdiction over tort claims for damages.
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The High Court of Tanzania dismissed two convicted applicants’ request for bail pending appeal, finding no exceptional circumstances and no basis to invoke the presumption of innocence.
The High Court allowed a second criminal appeal, quashed convictions for assault and robbery, and set aside the sentences for failure to prove the charges beyond reasonable doubt.
The appellant failed to provide sufficient evidence to justify a higher award of general or specific damages, failed to prove additional costs beyond the filing fee, and the deduction of compensation already paid in the criminal case was proper to prevent double compensation. The lower courts' findings were upheld as there was no error in law or fact.
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The conviction and sentence against respondent 1 were invalid because the Primary Court judge failed to follow the statutory requirement to base decisions on the majority opinion of court assessors, which indicated all accused were not guilty. The evidence presented, particularly the PF3 form, was inconsistent and lacked credibility, further undermining the prosecution's case.
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The High Court set aside a District Court enhancement of sentence and compensation, finding the criminal case against the applicant was not proved beyond reasonable doubt.
The Court of Appeal upheld the conviction, finding the appellant was properly identified, minor witness inconsistencies were immaterial, and the case was proved beyond reasonable doubt.
The High Court allowed an appeal against a civil damages award for assault, holding the respondent had not proved actual loss or damage on the evidence.
The High Court partly allowed an appeal, reducing a conviction for assault causing actual bodily harm to common assault and revising the sentence to three months.
Second appeal dismissed in a criminal assault matter. The High Court held that the jurisdiction objection was raised too late, and the alleged plea and PF3 did not prove the charge.
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