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Tanzania decisions
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The trial court was correct in law to invoke section 38(1) of the Penal Code for offences under the Road Traffic Act, but the convictions based on the respondents' pleas of guilty were not valid as the pleas were equivocal and did not cover all elements of the offences; thus, the convictions and resulting orders must be quashed.
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The High Court held the defendants liable after cheques drawn for named payees were paid to Bugwema Investment without authority. The plaintiff recovered USD 55,000 plus damages and costs.
The High Court found bank fraud in the diversion of seven cheques and held the defendants jointly liable for the plaintiff’s loss, plus interest, damages, and costs.
The appellant, Standard Chartered Bank, wrongfully converted the proceeds of a genuine cheque by processing and crediting it to a party not entitled to it, acting negligently and without good faith. The omission to endorse documentary evidence did not cause injustice and did not invalidate the trial record. The respondents, as true owners, were entitled to recover the cheque amount and general damages, subject to reduction for failure to mitigate loss.
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The appellant's status as an employed driver with no responsibility for insurance constitutes 'special reasons' to refrain from disqualification; the disqualification order is set aside.
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The High Court quashed a firearm-transfer conviction, holding the facts showed only temporary keeping of the gun and no unlawful possession or transfer.
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