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Tanzania decisions
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The High Court dismissed a criminal appeal, upholding a rape conviction and sentence. It found exhibit-admission irregularities but held the victim’s evidence and corroboration proved the case.
The High Court held that failure to tender a Marriage Conciliation Board certificate in a divorce matter rendered the trial a nullity and quashed the lower courts' proceedings.
The High Court allowed a wildlife-related economic appeal, quashed convictions and set aside sentences after finding procedural defects and evidentiary inconsistencies.
The appellant's failure to object to the exhibits at trial, including those bearing the name 'Eden Park', and the documentary evidence on record, justified the trial court's finding that the respondent proved her case on a balance of probabilities. The trial court's decision to hold the appellant liable for TZS 606,733,080.00 was supported by the evidence, and the appeal lacked merit.
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The respondent failed to prove breach of contract as there was no substantiated evidence of termination or entitlement to claimed payments; the arbitrator was correct to close the applicant’s case after default in appearance; failure to read exhibits was not prejudicial in this civil matter.
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The court found that the evidence presented did not conclusively establish cruelty or adultery to the satisfaction required for a decree of divorce; family quarrels and hearsay testimony were insufficient to prove irreparable breakdown of marriage.
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The High Court dismissed a second criminal appeal over malicious damage to property, holding the evidence and jurisdictional objections lacked merit.
Written agreement (exhibit KE) acknowledging the debt is conclusive; oral evidence of partial repayment without documentary proof cannot contradict the written terms. No new evidence was received at the appellate stage.
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The High Court dismissed an appeal over alleged security negligence, holding that crucial exhibits were not properly read in court and the appellant failed to prove its claim.
The appeal lacks merit as the marriage was valid under customary law, documentary evidence was properly admitted in accordance with primary court procedures, the difference in names in the conciliation certificate was not disputed by appellant and did not affect substantive justice, and the first appellate court properly re-evaluated the evidence regarding division of matrimonial properties.
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