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Tanzania Case Law

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Criminal law BOAY BAHA EDITED 22222

BOAY BAHA EDITED 22222

Failure by the trial court to comply with mandatory procedural requirements under sections 210(3) and 231(1) of the Criminal Procedure Act prejudiced the appellant's right to defence and vitiated the proceedings, rendering the conviction and sentence a nullity.

  • Sexual offences
  • Procedural irregularity
  • Child witness
  • Right to defence
  • Re-trial
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Criminal law damas mfungo mgane vs republic 2023 tzhc 18761 30 june 2023

damas mfungo mgane vs republic 2023 tzhc 18761 30 june 2023

High Court appeal in a rape conviction held that the child witness was not properly examined under the Evidence Act; conviction was vitiated and a limited retrial ordered.

  • Rape
  • Child witness
  • Procedure for evidence of child
  • Re-trial
  • Quashing of conviction
  • Child-witness
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Land law emmanuel a majebele administrator of the estate of the late ester kabeno karume vs antony francis sapila another 2022 tzhclandd 12371 5 october 2022

emmanuel a majebele administrator of the estate of the late ester kabeno karume vs antony francis sapila another 2022 tzhclandd 12371 5 october 2022

The failure of the Chairman to sit with the required number of assessors throughout the trial, and the absence of recorded reasons for their absence, rendered the proceedings of the District Land and Housing Tribunal a nullity.

  • Tribunal composition
  • Role of assessors
  • Nullity of proceedings
  • Re-trial
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Land law okola ogai and another vs abala masiku 2021 tzhc 3320 31 may 2021

okola ogai and another vs abala masiku 2021 tzhc 3320 31 may 2021

The proceedings and judgment of the trial Tribunal were vitiated due to improper constitution of the Tribunal (absence of assessors) and failure by the Chairperson to sign after recording evidence of each witness, both being incurable irregularities.

  • Tribunal composition
  • Signature on evidence
  • Nullity of proceedings
  • Re-trial
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Civil procedure maige charles makanza vs kerenge magige 2018 tzhc 2065 7 december 2018

maige charles makanza vs kerenge magige 2018 tzhc 2065 7 december 2018

High Court civil appeal turned on improper admission of an exhibit and defective framing of issues. The judgment and decree were set aside and the matter remitted for retrial.

  • Admissibility of evidence
  • Framing of issues
  • Re-trial
  • Damages
  • Civil-procedure
  • Admissibility-of-evidence
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Criminal law 20180903 TZHC Mwanza2

20180903 TZHC Mwanza2

The High Court allowed a criminal appeal, finding the guilty plea was not properly recorded and the prosecution failed to state the facts after plea; a retrial was ordered.

  • Rape
  • Plea of guilty
  • Procedure on plea taking
  • Conviction on plea
  • Re-trial
  • Criminal-law
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Criminal law 20180226 TZHC Mwanza

20180226 TZHC Mwanza

The High Court ordered a retrial in a robbery appeal, finding the trial court relied too heavily on weak identification evidence and failed to evaluate the defence.

  • Armed robbery
  • Visual identification
  • Judgment writing
  • Re-trial
  • Armed-robbery
  • Visual-identification
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Criminal law 20160909 TZHC Iringa

20160909 TZHC Iringa

The charge sheet was defective for failing to cite all relevant provisions, particularly Section 131(3) of the Penal Code, resulting in an unfair trial and nullity of proceedings, conviction, and sentence.

  • Defective charge sheet
  • Fair trial
  • Rape
  • Sentencing
  • Re-trial
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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.