Tanzania Case Law

oscar karsan kanji vs abdallah hassan 2024 tzca 161 6 march 2024

Court

TZCA

The suit was not time barred as limitation ran from the date the respondent became aware of trespass; the trial court was not legally required to involve assessors; respondent proved ownership by certificate of title and testimony; special damages were not strictly proved and the award was set aside; appellant's defence was considered and found weak.

Source excerpt

• Limitation of actions
• Ownership of land
• Admissibility of evidence
• Special damages
• Mesne profits
• Trial procedure

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salum nicholous mnyumali vs republic 2023 tzca 17968 14 december 2023

Court

TZCA

The Court of Appeal set aside the conviction for impregnating a schoolgirl, but upheld the rape conviction and 30-year sentence.

• Rape
• Impregnation of school girl
• Trial procedure
• Legal aid
• Defective charge
• Search and seizure

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philipo william lipilinga vs the director of public prosecutions 2023 tzca 17523 24 august 2023

Court

TZCA

The Court of Appeal of Tanzania dismissed a rape appeal, holding that the failure to hear the sexual-offence trial in camera caused no prejudice and the cautioned statement was properly recorded.

• Rape
• Sexual offences
• Trial procedure
• Admissibility of evidence
• Sentencing
• Sexual-offences

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victor raphael luvena vs magreth ephraim kawa others 2023 tzca 17526 23 august 2023

Court

TZCA

The Court of Appeal set aside a High Court land judgment after finding an improper locus in quo procedure and a failure to decide all framed issues.

• Framing of issues
• Locus in quo
• Res judicata
• Judgment writing
• Trial procedure
• Civil-procedure

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nelson

Court

TANZLII

Non-compliance with sections 230 and 231(1) of the Criminal Procedure Act by the trial court is fatal to the proceedings, especially where the accused is unrepresented and charged with a serious offence. The appellant was not properly informed of his rights, and the prosecution case was not properly closed, rendering the proceedings null.

Source excerpt

• Rape
• Statutory rape
• Trial procedure
• Compliance with criminal procedure act
• Rights of accused
• Nullification of proceedings

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elias mwaitambila others vs republic 2023 tzca 89 8 march 2023

Court

TZCA

The Court of Appeal allowed a murder appeal, holding that the trial judge fatally failed to direct assessors on key legal issues and the evidence did not justify a retrial.

• Murder
• Visual identification
• Confessional statements
• Trial procedure
• Summation to assessors
• Burden of proof

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hosea johan mwaiswelo vs republic 2022 tzca 783 7 december 2022

Court

TZCA

The Court of Appeal held that inadequate summing up to assessors in a murder trial caused prejudice and miscarriage of justice, so it nullified the proceedings and ordered a retrial.

• Murder
• Trial procedure
• Role of assessors
• Summing up
• Retrial
• Criminal-law

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maulid mfaume farahani vs republic 2022 tzca 715 18 november 2022

Court

TZCA

The Court of Appeal held that the trial judge failed to adequately direct assessors on vital legal points, including the offence’s ingredients and chain of custody, rendering the trial a nullity.

• Trafficking in narcotic drugs
• Trial procedure
• Role of assessors
• Summing up to assessors
• Nullity of proceedings
• Criminal-law

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chesco mveka vs republic 2022 tzca 681 7 november 2022

Court

TZCA

The Court of Appeal of Tanzania allowed a murder appeal after finding the trial judge failed to properly involve assessors and explain provocation, rendering the trial a nullity.

• Murder
• Trial procedure
• Role of assessors
• Misdirection
• Retrial
• Criminal-procedure

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godfrey mfuse vs republic 2022 tzca 665 3 november 2022

Court

TZCA

The Court of Appeal nullified a murder conviction after finding the trial judge’s summing-up to assessors was fatally inadequate and ordered an expedited retrial.

• Murder
• Trial procedure
• Summation to assessors
• Confessional evidence
• Retrial
• Criminal-appeal

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