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Tanzania decisions
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The Court of Appeal allowed a rape appeal after finding the complainant’s evidence was unsworn and the appellant was denied cross-examination of key witnesses.
Failure to administer an oath or affirmation to a competent witness before receiving evidence is a fatal irregularity that renders the evidence invalid and vitiates the proceedings, necessitating nullification and retrial.
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The application for review was dismissed because the alleged error (unsworn evidence) had already been considered and addressed by the Court in the impugned judgment. The applicant's arguments amounted to a disagreement with the Court's findings, which is not a ground for review under Rule 66(1)(a). No manifest error or miscarriage of justice was found.
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Succession of arbitrators without formal notice did not vitiate proceedings as no prejudice was demonstrated; unsworn evidence was curable and did not materially affect the outcome; respondent's termination was substantively and procedurally unfair.
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The Court of Appeal nullified the trial tribunal and High Court decisions after finding fatal procedural defects in tribunal composition, assessor participation, and unsworn evidence.
The Court of Appeal adjourned this criminal appeal and referred it to the Chief Justice for a full bench to resolve conflicting authorities on child witness voir dire.
The proceedings and decisions of the Bugara Ward Tribunal and Karagwe District Land and Housing Tribunal were based on unsworn statements, contravening statutory requirements and established legal principles, rendering them nullities and prejudicing the parties' cases.
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The High Court allowed a defilement appeal, holding that the child complainant’s unsworn evidence was not adequately corroborated and the conviction was unsafe.
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