Karibu Katika Mfumo wa Taarifa za Maamuzi, Sheria na Kanuni za Tanzania

TanzLII ni tovuti ya Serikali ya Tanzania inayochapisha maamuzi, sheria na kanuni bure mtandaoni. TanzLII inaruhusu ufikiaji bure wa maamuzi, sheria na kanuni za Tanzania na ni mwanachama wa Jumuiya ya Afrika ya LIIs.

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Recent Judgments

Child victim's credible testimony, corroborated by medical evidence, sufficed to uphold rape conviction and sentence.
Criminal law – Sexual offences – Rape of a child: elements (age, penetration, identity) – Child’s uncorroborated evidence admissible and may ground conviction where credibility is properly assessed (s.135(6) TEA R:E 2023) – Contradictions must be material to vitiate prosecution case – Court will not entertain new issues on appeal absent pleading or leave.
14 November 2025
An unequivocal guilty plea bars appeal against conviction; court reduced the 30-year term by two and a half years already served.
* Criminal procedure – Plea of guilty – Requirements for plea-taking and recording – plea unequivocal and admission of facts; appeal against conviction barred under s.381(1) CPA except as to sentence. * Sentencing – Discretion to consider mitigating factors (early plea, first offender, remorse) under Penal Code s.131(1) and sentencing guidelines; appellate interference where mitigation overlooked. * Appellate relief – Use of s.172(1)(c) CPA to deduct time already served from imposed sentence. * Concurrent sentences and compensation orders – left undisturbed where proper.
14 November 2025
Non-joinder of the Registrar of Titles and the principal owner in a registered land dispute renders proceedings bad and was fatal.
Land law – registered land – necessary parties – failure to join Registrar of Titles and principal owner in proceedings concerning registered title; agency – agent/court broker cannot be sued alone where principal’s proprietary rights are affected; procedural law – preliminary objections and curability of pleading defects under overriding objective.
14 November 2025
A tribunal’s unilateral alteration of issues without hearing parties breaches natural justice and vitiates its judgment.
* Civil procedure – change of issues mid‑trial – tribunal must record reasons and consult parties; unilateral alteration breaches audi alteram partem and vitiates proceedings. * Land dispute – procedural irregularity leading to quashing of judgment and remittal for rehearing. * Principles: Order XIV r.1 CPC, right to be heard, authorities on natural justice.
14 November 2025
Extension of time granted where appellant’s earlier Court of Appeal appeal was struck out, constituting excusable technical delay.
Appellate procedure – extension of time under s.11(1) AJA – striking out appeal extinguishes notice of appeal – technical delay excusable – compliance with Court of Appeal Rules (service) raised but not determinative.
14 November 2025
Appeal allowed: DLHT judgment quashed because respondent lacked locus standi to claim ownership of disputed land.
* Land law – ownership disputes – requirement of proof of title or lawful succession before claiming ownership. * Civil procedure – locus standi – standing is jurisdictional and a party must show sufficient legal interest to sue. * Evidence – admission that land belonged to deceased owner and absence of transfer/administration documents undermines claim. * Adverse possession – not adjudicated on appeal where locus standi defect disposes the case.
14 November 2025
Prisoner’s ignorance of filing time-limits and unaccounted delay do not constitute good cause to extend time to seek review.
* Civil procedure – Extension of time – Good cause; accounting for delay; diligence. * Rule 10 Court of Appeal Rules – extension requires showing good cause. * Rule 66(1) Court of Appeal Rules – review grounds: manifest error; denial of hearing; illegality. * Prisoner litigant – ignorance of law/time limits is not sufficient cause. * Procedure – respondent’s failure to file affidavit implies no factual dispute but legal challenge remains.
14 November 2025
An appeal against an ex parte tribunal judgment is incompetent unless the appellant first applies to set aside that judgment.
* Land law – ex parte judgment – requirement to apply to set aside ex parte judgment before appealing.* Civil procedure – competence of appeal – High Court revisional powers under s.42 and s.43 of the Land Disputes Courts Act.* Pleadings – description of land and boundaries (Order VII r.3 CPC) – procedural objections not determined where appeal is incompetent.
14 November 2025
Applicant failed to account for each day of delay and alleged illegality was not apparent on the record; extension refused.
Civil procedure – Extension of time – Rule 10 – Applicant must account for every day of delay; delay must not be inordinate; illegality as ground for extension must be apparent on the face of the record; failure to account for delay and reliance on non-apparent illegality warrants dismissal.
14 November 2025
Court granted stay of execution pending extension-application, conditional on a Tzs.585,000,000 commitment bond and status quo.
* Civil Procedure – Stay of execution – Order XXI r.24 and Order XXXIX r.5(3) – conditions: substantial loss, no unreasonable delay, and security. * Security for stay – immovable property – commitment bond equivalent to decretal amount. * Maintenance of status quo pending determination of extension of time to appeal application.
14 November 2025
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