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Tanzania decisions
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The Court of Appeal held that the first appellate court failed to determine all grounds of appeal and quashed its judgment, remitting the matter for rehearing.
The Court of Appeal nullified both lower-court judgments for inadequate reasoning and failure to address the appeal grounds, and remitted the land dispute for a fresh judgment.
The improper admission of exhibit PE2 by the prosecutor after conclusion of witness testimony denied the appellant the opportunity to challenge the evidence, rendering the conviction unsafe and requiring expungement of the exhibit; without the exhibit, the charge cannot stand and the prosecution failed to prove the case beyond reasonable doubt.
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High Court criminal appeal quashed a conviction for attempted rape after finding defects in the treatment of child witnesses and failure to consider the defence.
The High Court quashed the lower courts’ decisions in a matrimonial appeal, finding defective reasoning, improper treatment of child maintenance, and invalidity for lack of assessors’ signatures.
The appellate tribunal's judgment was invalid for lack of evaluation of evidence and absence of an authentic or certified copy of the ward tribunal's decision. The respondent's claim was barred by limitation, as the land had been abandoned for over 12 years and the appellant's family had acquired ownership by adverse possession.
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The evidence presented was entirely circumstantial and insufficient to establish adultery. No direct or sufficiently definite circumstantial evidence was provided to prove the alleged act. The trial court's judgment was procedurally deficient, but on re-evaluation, the appeal lacked merit as the burden of proof was not met.
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The trial tribunal's judgment lacked essential elements required by law, including findings on issues and reasons for the decision, and was unsigned and undated. Procedural irregularities, including change of chairperson without assigning reasons, improper engagement of assessors, and defective handling of defence evidence, vitiated the proceedings. The entire proceedings, judgment, and decree are quashed and set aside.
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