Tanzania Case Law

MSAFIRI Ruling Final

Court

TANZLII

The applicant materially breached clause No. 12 of the employment contract by using another client’s account to bill orders for unqualified customers, exposing the respondent to business risk and tax implications. The procedure for termination was followed, the applicant was notified and heard, and the sanction imposed was justified. The award of the CMA was properly procured.

Source excerpt

• Employment termination
• Fixed-term contract
• Disciplinary procedure
• Breach of contract
• Electronic evidence

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MAPAMBANO ABIUD MICHAEL VERSUS REPUBLIC Draft Judgment

Court

TANZLII

The appeal was dismissed because the prosecution's evidence, both oral and documentary, was strong, consistent, and unchallenged on material points. The appellant's failure to cross-examine key witnesses amounted to admission of incriminating evidence. The certificate of seizure was validly executed, the chain of custody was properly established, identification and valuation of government trophies were competently done, and the extrajudicial statement was lawfully recorded. The prosecution proved the case beyond reasonable doubt on all counts.

Source excerpt

• Unlawful entry into game reserve
• Unlawful possession of government trophy
• Unlawful possession of weapon
• Unlawful possession of firearm
• Unlawful possession of ammunition
• Chain of custody

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Mayenga James Nyakashero

Court

TANZLII

The prosecution failed to prove beyond reasonable doubt that the appellant was arrested within the statutory boundaries of Serengeti National Park and that the alleged government trophy was scientifically identified as wildebeest meat; chain of custody and electronic evidence were not properly established; expert evidence lacked scientific analysis; thus, conviction and sentence cannot stand.

Source excerpt

• Unlawful possession of weapons
• Unlawful possession of government trophy
• Chain of custody
• Electronic evidence
• Expert evidence
• Burden of proof

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kera komeyo makeseni 8 others vs kilimanjaro regional commissioner and another 2024 tzhc 237 14 february 2024

Court

TZHC

There was no formal order or declaration by the 1st respondent alienating the applicants’ land; the 1st respondent merely informed villagers about the government’s plan to reaffirm KIA boundaries, which is within his statutory powers. The applicants failed to provide admissible evidence of a quashable order or declaration. Therefore, the conditions for granting certiorari and prohibition were not met.

Source excerpt

• Judicial review
• Certiorari
• Prohibition
• Land acquisition
• Natural justice
• Jurisdiction

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japhet ibrahim matarra vs republic 2024 tzhc 77 22 january 2024

Court

TZHC

The High Court dismissed a criminal appeal against conviction for publishing false information on Twitter under Tanzania’s Cybercrimes Act.

• Publication of false information
• Cybercrimes act
• Electronic evidence
• Chain of custody
• Standard of proof in criminal cases
• Admissibility of confessions

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RICHARD CHANGEI NGOMBE v R

Court

TANZLII

The prosecution failed to prove the offences against the appellant beyond reasonable doubt due to unreliable and unauthenticated electronic evidence (GPS coordinates, map), lack of established chain of custody for exhibits, material contradictions in witness testimony and documentary evidence, and violation of the appellant's right to be properly heard during disposal proceedings of the government trophy. Consequently, the conviction and sentences were unsafe and must be set aside.

Source excerpt

• Chain of custody
• Electronic evidence
• Wildlife offences
• Right to be heard
• Admissibility of evidence

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mathew pesambili vs alexius revocatus kagunze 2023 tzhc 21581 29 september 2023

Court

TZHC

Electronic evidence was improperly admitted and expunged; however, direct and circumstantial evidence sufficiently proved adultery. Damages for adultery must be compensatory and not punitive; award reduced to Tshs. 10,000,000/=. Damages for enticement and interest on general damages were wrongly awarded and set aside.

Source excerpt

• Adultery
• Enticement
• General damages
• Electronic evidence
• Interest on damages

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zanj spice limited vs zuri organics ltd and another 2023 tzhc 19416 31 july 2023

Court

TZHC

The High Court held that an electronic contract for chilli supply was proved, the first defendant breached it by non-delivery, and the plaintiff recovered the advance plus general damages.

• Breach of contract
• Electronic evidence
• Damages
• Sales of goods
• Breach-of-contract
• Electronic-evidence

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ZURI ORGANICS LIMITED AND ANOTHER V

Court

TANZLII

Applicants were properly notified through substituted service and WhatsApp messages; they failed to account for each day of delay and did not demonstrate good cause for extension; application lacks merit.

Source excerpt

• Extension of time
• Ex parte judgment
• Service of process
• Electronic evidence

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WAMBURA NCHANGWA

Court

TANZLII

The prosecution failed to prove both counts beyond reasonable doubt due to unreliable evidence, contradictions in chain of custody, and violation of the appellant's right to be heard in the disposal proceedings; the inventory form was unlawfully obtained and expunged, leaving no legal basis for conviction.

Source excerpt

• Unlawful possession of weapons
• Unlawful possession of government trophies
• Chain of custody
• Right to be heard
• Electronic evidence
• Disposal of perishable exhibits

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