MANENO MANYIKA
High Court criminal appeal over statutory rape: conviction upheld, sentence reduced from life imprisonment to 30 years, and cautioned statement expunged.
- Statutory rape
- Evidence
- Sentencing
- Procedure
- Statutory-rape
- Criminal-appeal
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criminal decision 2024 12 23 15 29 00
The High Court at Kigoma dismissed a criminal appeal against an incest conviction, upholding a 30-year sentence and finding the prosecution proved its case.
- Incest
- Sexual offences
- Evidence
- Procedure
- Criminal-law
- Sexual-offences
ANANGISYE LUPASA Finale
The appellant was not properly identified by PW1 as the perpetrator; identification parade was unlawful, no prior description was given, and evidence of identification was unreliable. The prosecution failed to prove the charge beyond reasonable doubt.
Source excerpt
- Rape
- Evidence
- Identification
- Procedure
Gusi vs Republic
The High Court dismissed a criminal appeal against a conviction for unnatural offence, finding the evidence proved penetration and the sentence was proper.
- Unnatural offence
- Evidence
- Procedure
- Sentencing
- Criminal-law
- Sexual-offences
JUDGMENT LOSHIRU SAILEPU VS
The Court of Appeal upheld a rape conviction but quashed the conviction for impregnating a schoolgirl, citing lack of proof after excluding improperly received testimony.
- Rape
- Statutory rape
- Evidence law
- Procedure
- Confession
- Age determination
66
The trial court's proceedings and judgment are nullified due to lack of jurisdiction, as the consent and certificate conferring jurisdiction were not formally endorsed and admitted in the trial court's proceedings.
Source excerpt
- Jurisdiction
- Procedure
- Consent and certificate requirements
PETER KAUSA SAMWELI
Existence of a land ownership dispute precludes criminal conviction for trespass and theft; criminal courts lack jurisdiction to resolve ownership; conviction, sentences, and compensation orders quashed.
Source excerpt
- Criminal trespass
- Theft
- Land ownership dispute
- Jurisdiction
- Procedure
33
The suit was prematurely instituted as the plaintiff failed to serve the Commissioner for Lands with the mandatory 90 days’ statutory notice required by Section 6(2) of the Government Proceedings Act, rendering the suit incompetent.
Source excerpt
- Statutory notice
- Government departments
- Procedure
- Estate administration
Mashimo Final
The failure to tender and admit the certificate from the Marriage Reconciliation Board as evidence in the trial court rendered the divorce petition incompetent for non-compliance with section 101 of the Law of Marriage Act, depriving the court of jurisdiction. Consequently, all subsequent proceedings and decisions were invalid.
Source excerpt
- Divorce
- Matrimonial property division
- Child custody
- Jurisdiction
- Procedure
paulo joseph matitinya vs republic 2024 tzhc 818 13 march 2024
The trial court erred in law by failing to conduct a mandatory inquiry into the appellant's age after he claimed to be a minor, rendering the proceedings, conviction, and sentence a nullity and necessitating a retrial after proper age determination.
Source excerpt
- Rape
- Age determination
- Juvenile justice
- Procedure
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