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Tanzania decisions
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The High Court quashed a land tribunal judgment and sent the case back for a locus in quo visit to resolve uncertainty over boundaries and ownership.
The High Court dismissed an appeal over damages for adultery, holding that the appellant’s evidence was contradictory and insufficient on a balance of probabilities.
The High Court dismissed a land appeal after finding the appellant failed to prove ownership and trespass, and that the tribunal properly evaluated the evidence.
The High Court dismissed a criminal appeal against a rape conviction, holding that the complainant’s evidence, medical proof, and supporting witnesses proved the case beyond reasonable doubt.
The High Court dismissed an appeal over disputed land, holding that the appellant had encroached beyond his inherited 0.75 acres and that the tribunal's result stood.
The High Court dismissed a land appeal, upholding findings that the respondent proved ownership, the claim was not time-barred, and adverse possession was not established.
Objection to attachment failed as appellant did not substantiate claim that the house was a matrimonial home with supporting affidavit from spouse or evidence of dependents; mere assertion and marriage certificate insufficient.
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The High Court allowed Michael John’s first criminal appeal, finding the theft conviction unsafe because the prosecution evidence and identification were unreliable.
The prosecution proved beyond reasonable doubt that the appellant raped the victim without her consent, based on credible identification and medical evidence. The caution statement was expunged due to procedural irregularity, but the remaining evidence sufficed for conviction. The defence of alibi was properly considered and found unpersuasive. Procedural complaints under sections 9(3) and 291(1) of the Criminal Procedure Act were without merit.
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The prosecution proved all elements of statutory rape beyond reasonable doubt; contradictions between witnesses were minor and did not affect the core evidence; the trial court erred in acquitting the respondent.
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