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Tanzania decisions
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The revision was filed outside the extended 14-day period granted by the court. The law does not permit exclusion of public holidays or weekends unless the last day falls on such a day. The applicant did not seek further extension and cannot rely on the oxygen principle to override statutory time limits. Therefore, the preliminary objection is upheld and the revision is struck out as time-barred.
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Non-compliance with section 230 and inadequate compliance with section 231(1) of the Criminal Procedure Act rendered the trial unfair and vitiated the proceedings, requiring nullification from closure of prosecution case onwards, quashing conviction and sentence, and remitting for retrial.
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The Court found that the respondent provided sufficient reasons for the delay in filing the Amended Record of Appeal and that the procedural lapses did not go to the substance of the appeal. The affidavit by counsel was not fatally defective as it related to matters within his knowledge. The application to strike out the appeal was dismissed.
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The High Court struck out an application for judicial review because the applicant sought prerogative orders without first obtaining leave, as required by rule 5(1).
The High Court allowed a wildlife-related economic appeal, quashed convictions and set aside sentences after finding procedural defects and evidentiary inconsistencies.
The High Court held that Engusero Sidani’s village land use plan existed but was made without required village council involvement, so it was not enforceable.
The executing tribunal failed to comply with mandatory procedural requirements by not issuing an order for the judgment debtor to comply with the decree before entertaining objections, thereby fatally violating the applicant's rights and the applicable regulations.
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The appellant was properly identified after hot pursuit from the scene of the crime, the victim's evidence was corroborated by medical testimony, and the prosecution proved penetration and age below 18 years. Procedural irregularities did not occasion miscarriage of justice or affect admissibility of evidence under amended law.
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The District Court erred in law and fact by ignoring the amended petition of appeal, as the original petition ceased to exist upon amendment. The proceedings and judgment of the District Court are a nullity and must be set aside. The matter is remitted for proper hearing based on a valid amended petition of appeal.
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The High Court upheld a life sentence for unnatural offence, finding the appellant’s guilty plea unequivocal and the trial procedure proper.
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