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Tanzania Case Law

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Criminal law erick higilukwishaka v the republic 2024 tzhc 376 23 february 2024

erick higilukwishaka v the republic 2024 tzhc 376 23 february 2024

Appellant was convicted and sentenced upon his own unequivocal plea of guilty, having understood the charges and proceedings, and is legally barred from appealing against conviction except as to sentence.

  • Plea of guilty
  • Right to be heard
  • Appeal against conviction
  • Language of proceedings
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Contract law MUGISHA NEW

MUGISHA NEW

The Respondent proved its claim for unpaid debt arising from a credit business agreement to the required civil standard, while the Appellant's counterclaim was unsupported by evidence. The trial court erred in awarding excessive general damages and interest above the statutory rate; procedural complaints regarding language and signature were dismissed as non-prejudicial.

  • Business credit agreements
  • Burden of proof
  • General damages
  • Interest rates
  • Language of proceedings
  • Counterclaim
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Land law nancy manaseas administrator of the estate of the late manase kidini and another vs mborandumi slaa and another 2023 tzhc 19592 27 july 2023

nancy manaseas administrator of the estate of the late manase kidini and another vs mborandumi slaa and another 2023 tzhc 19592 27 july 2023

The High Court dismissed a land appeal, upholding the tribunal’s finding that the dispute was res judicata and that procedural objections could be decided at the preliminary stage.

  • Res judicata
  • Limitation of actions
  • Language of proceedings
  • Role of assessors
  • Res-judicata
  • Limitation-of-actions
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Criminal law alanyuni lengai lalai lenga vs the dpp 2023 tzhc 18191 16 june 2023

alanyuni lengai lalai lenga vs the dpp 2023 tzhc 18191 16 june 2023

The High Court allowed a criminal appeal after finding the guilty plea equivocal because the plea-taking record did not show the language used or ensure the appellant understood the charge.

  • Plea of guilty
  • Language of proceedings
  • Fair trial
  • Impregnating a school girl
  • Rape
  • Criminal-procedure
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Criminal law shimiyu masunga another vs republic 2023 tzca 129 20 march 2023

shimiyu masunga another vs republic 2023 tzca 129 20 march 2023

The appellants raised reasonable doubt in the prosecution case through their defence, highlighting contradictions in the evidence, failure to call material witnesses, and inconsistencies regarding the date of the alleged offence. The prosecution failed to prove the case beyond reasonable doubt as required by law.

  • Gang rape
  • Standard of proof
  • Fair trial
  • Language of proceedings
  • Child witness
  • Failure to call material witnesses
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Criminal law CRIMINAL APPEAL NO 541 OF 2020 BARAKA STEVEN VS THE REPUBLIC

CRIMINAL APPEAL NO 541 OF 2020 BARAKA STEVEN VS THE REPUBLIC

The appeal was dismissed because the conviction was supported by credible evidence of the victim and corroborating witnesses, the procedural irregularities did not cause prejudice to the appellant, the defence of autrefois acquit was not properly raised or substantiated, and the sentence enhancement was lawful under the applicable statute.

  • Rape
  • Statutory rape
  • Evidence
  • Procedure
  • Double jeopardy
  • Child witness
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Criminal law dastan makwaya another vs republic 2018 tzca 181 24 august 2018

dastan makwaya another vs republic 2018 tzca 181 24 august 2018

The Court of Appeal nullified a murder conviction because the second appellant, who did not understand Kiswahili, was not provided an interpreter at trial.

  • Right to fair trial
  • Language of proceedings
  • Interpretation in criminal trials
  • Nullity of proceedings
  • Retrial
  • Criminal-appeal
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Criminal law 20180509 TZHC Mbeya

20180509 TZHC Mbeya

The High Court allowed a criminal appeal, setting aside a conviction for attempted rape after finding the appellant had not pleaded guilty and the trial procedure was irregular.

  • Attempted rape
  • Fair trial
  • Plea procedure
  • Language of proceedings
  • Criminal-law
  • Attempted-rape
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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.