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Tanzania decisions
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The High Court dismissed a matrimonial appeal, upholding separation for three years, custody of four children, and status quo orders over matrimonial assets.
The Court of Appeal allowed a criminal appeal, holding that the High Court dismissed a revision application on a suo motu issue without hearing the parties, making the ruling a nullity.
The conviction and sentence against respondent 1 were invalid because the Primary Court judge failed to follow the statutory requirement to base decisions on the majority opinion of court assessors, which indicated all accused were not guilty. The evidence presented, particularly the PF3 form, was inconsistent and lacked credibility, further undermining the prosecution's case.
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The Court of Appeal dismissed a defamation appeal, holding the appellant failed to prove the claim and that the trial court could stop after deciding the first dispositive issue.
The Court found that since the applicant had already been released, the request for provisional measures was moot and could not be granted. Examination of the alleged violations would require a determination on the merits, which is outside the scope of provisional measures.
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The High Court judgment was a nullity because it was based on issues not pleaded or framed for determination, and the parties were not given an opportunity to be heard on those issues, violating the principles of natural justice.
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The High Court's failure to determine all framed issues rendered its judgment fatally defective; appellate court cannot decide unresolved issues and must remit the case for proper determination.
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The trial was a nullity due to the successor magistrate's failure to record reasons for taking over the case as required by section 214(1) of the CPA, and the trial magistrate's failure to consider the defence case in the judgment. These procedural errors vitiated the conviction and sentence, warranting quashing of the judgment and immediate release of the appellants.
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The African Court on Human and Peoples' Rights reopened pleadings in a reparations phase, deemed Tanzania’s response properly filed, and allowed a further reply.
The trial magistrate committed fatal irregularities by including extraneous evidence from a post-trial locus in quo visit and by convicting under procedural rather than substantive law, rendering the proceedings and judgment null.
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