Tanzania Case Law

evarista jeradi v jeradi joseph 2023 tzhc 21947 20 october 2023

Court

TZHC

The appeal was dismissed because the respondent's description of the suit land was found satisfactory, both parties were knowledgeable about the land, and the appellant failed to cross-examine the respondent on material facts, amounting to acceptance of the respondent's testimony that only one acre was given temporarily. There was no credible evidence that the appellant was given the entire land permanently.

Source excerpt

• Ownership of land
• Description of suit land
• Burden of proof
• Failure to cross-examine
• Gift of land
• Family land disputes

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maganiko petro vs republic 2023 tzca 17545 29 august 2023

Court

TZCA

The conviction was upheld as the prosecution proved the case beyond reasonable doubt, supported by consistent witness testimony and the appellant's failure to challenge the evidence. The sentence was reduced from thirty to ten years as the law provides a maximum, not mandatory, sentence and the trial court acted on a wrong principle.

Source excerpt

• Impregnation of a school girl
• Sentencing discretion
• Standard of proof
• Failure to cross-examine
• Mitigating factors

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kashinje kamuga vs paulo joseph jitambi 2022 tzhclandd 833 25 august 2022

Court

TANZLII

The High Court upheld the District Land and Housing Tribunal’s decision dismissing the land appeal and leaving in place the order quashing the refund direction.

• Ownership of land
• Refund of purchase money
• Failure to cross-examine
• Appellate review
• Land-law
• Appellate-review

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martin misara vs republic 2018 tzca 318 13 december 2018

Court

TZCA

The appellant was properly identified by the victim, who knew him well and interacted with him at length during the incident; his defence was an afterthought as he failed to cross-examine on key points and did not raise the issue of consideration of his defence in the first appellate court.

Source excerpt

• Rape
• Identification evidence
• Failure to cross-examine
• Consideration of defence
• Appellate procedure

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nyandwi so john bosco vs the republic 2014 tzca 297 19 june 2014

Court

TZCA

The Court of Appeal upheld a conviction for armed robbery, holding that the appellant was caught at the scene and his defence was properly considered and rejected.

• Armed robbery
• Circumstantial evidence
• Evaluation of defence
• Failure to cross-examine
• Armed-robbery
• Criminal-appeal

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19781103 TZHC Mbeya

Court

TZHC

On criminal appeal, the High Court quashed a conviction for stealing by agent after finding the defence evidence had not been challenged and guilt was not proved beyond reasonable doubt.

• Stealing by agent
• Burden of proof
• Failure to cross-examine
• Criminal-law
• Stealing-by-agent
• Burden-of-proof

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