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Tanzania Case Law

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Criminal law jackson naiko v republic 2023 tzhc 22557 10 november 2023

jackson naiko v republic 2023 tzhc 22557 10 november 2023

Court
TZHC

The conviction was unsafe because the prosecution evidence was materially contradictory regarding the dates and circumstances of the alleged offences, and the trial court failed to critically evaluate both prosecution and defence evidence as required by law. The contradictions went to the root of the case, and the trial court's judgment was vitiated by failure to properly analyze the evidence and consider the defence.

Source excerpt

  • Incest
  • Rape
  • Evidence evaluation
  • Contradictory evidence
  • Criminal procedure
  • Judgment writing
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Criminal law fadhili hussein mohamed vs republic 2023 tzhc 22852 30 october 2023

fadhili hussein mohamed vs republic 2023 tzhc 22852 30 october 2023

Court
TZHC

The evidence of the child witness did not comply with section 127(2) of the Evidence Act as the promise was based on fear of sin rather than an informed promise not to tell lies; the trial court failed to consider the defence evidence, which is a fatal omission; the conviction cannot stand and the appellant must be released.

Source excerpt

  • Rape
  • Evidence of children
  • Standard of proof
  • Judgment writing
  • Fair trial
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Civil procedure CIVIL APPEAL NO 31 OF 2021 MANGENI IBAGI VS DAVID SOSPETER MAGAMBO

CIVIL APPEAL NO 31 OF 2021 MANGENI IBAGI VS DAVID SOSPETER MAGAMBO

Court
TANZLII

The trial judge's failure to assign reasons for decisions on the framed issues constituted a serious breach of procedural law, vitiating the judgment and decree, necessitating nullification and remittal for a fresh judgment.

Source excerpt

  • Judgment writing
  • Failure to give reasons
  • Remittal for fresh judgment
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Civil procedure CIVIL APPEAL NO 31 OF 2021 MANGENI IBAGI VS DAVID SOSPETER MAGAMBO

CIVIL APPEAL NO 31 OF 2021 MANGENI IBAGI VS DAVID SOSPETER MAGAMBO

Court
TANZLII

The trial judge's failure to assign reasons for his decision on the framed issues constituted a serious breach of Order XX, Rule 4 of the Civil Procedure Code, vitiating the judgment and requiring it to be quashed and the matter remitted for a fresh judgment.

Source excerpt

  • Judgment writing
  • Failure to give reasons
  • Remittal for fresh judgment
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Criminal law nyenje issa nyenje another 2020 tzhc 4028 28 september 2020

nyenje issa nyenje another 2020 tzhc 4028 28 september 2020

Court
TZHC

High Court appeal allowed after finding the trial judgment invalid for failure to consider the defence and for omitting a proper sentence.

  • Conviction and sentence
  • Judgment writing
  • Duty to consider defence
  • Procedural irregularity
  • Criminal-appeal
  • Criminal-procedure
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Criminal law 20190530 TZHC Mwanza

20190530 TZHC Mwanza

Court
TZHC

The High Court quashed a rape conviction after finding the trial court failed to evaluate the defence evidence, even though the complainant’s testimony was credible.

  • Rape
  • Statutory rape
  • Appeal procedure
  • Evaluation of evidence
  • Judgment writing
  • Criminal-appeal
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Civil procedure MOHAMED MADARAKA 222 Edited

MOHAMED MADARAKA 222 Edited

Court
TANZLII

The first appellate court failed to fulfill its legal duty to re-evaluate the evidence and provide substantiated reasons for its decision, rendering its judgment and decree invalid.

Source excerpt

  • Appeals
  • Judgment writing
  • Re-evaluation of evidence
  • Failure to prosecute
  • Appellate jurisdiction
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Criminal law 20180226 TZHC Mwanza

20180226 TZHC Mwanza

Court
TZHC

The High Court ordered a retrial in a robbery appeal, finding the trial court relied too heavily on weak identification evidence and failed to evaluate the defence.

  • Armed robbery
  • Visual identification
  • Judgment writing
  • Re-trial
  • Armed-robbery
  • Visual-identification
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About this LexChat collection

Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.