Karibu Katika Mfumo wa Taarifa za Maamuzi, Sheria na Kanuni za Tanzania
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Recent Judgments
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Siwema Yona Simfukwe vs Republic (Criminal Appeal No. 17370 of 2025) [2026] TZHC 790 (16 March 2026)
Defective identification parade did not invalidate conviction where recent possession and other circumstantial evidence firmly linked the appellant to armed robbery.
Criminal law — visual identification and identification parade — requirement of prior description; Circumstantial evidence — recent possession and recovery of stolen property; Cautioned statement — procedural irregularity not necessarily vitiating conviction; Non-arrest of third party — accused cannot benefit from his own creation.
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16 March 2026 |
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A certificate of title prevails; the plaintiff's unaccepted offer and unreliable receipts failed to establish ownership.
Land law – ownership of surveyed land – offer of right of occupancy versus certificate of title; acceptance and payment conditions; Administrator General (RITA) consent not equivalent to grant by land-allocating authority; evidential weight of land rent receipts; certificate of title as conclusive proof unless unlawfully obtained; caveat and GN No.169 (BAKWATA vesting).
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16 March 2026 |
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Appellate court quashed decision where trial magistrate raised "dead law" suo motu, denying the applicant the right to be heard.
Administrative law – Right to be heard (audi alteram partem) – Court raising issues suo motu – Procedural fairness – "Dead law"/statutory renumbering – Supervisory jurisdiction to quash and remit for retrial.
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16 March 2026 |
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High Court held e-CMS endorsement and substantive grounds of appeal overcome formal filing defects; preliminary objections dismissed.
Civil procedure — Preliminary objections — Competence of appeal — Requirement to file first at District Court and e-CMS endorsement; Matrimonial Proceedings Rules — Memorandum of appeal vs petition of appeal — Substance over form; Avoidance of procedural technicalities.
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16 March 2026 |
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Affidavit evidence and village endorsement can suffice for the applicant to obtain exhumation and reburial despite lack of documentary proof.
Exhumation of remains – sufficiency of affidavit and community corroboration – proof after long lapse of time – avoidance of undue technicalities – authority to exhume and rebury under village supervision
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16 March 2026 |
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Interim injunction denied where applicant failed to establish a prima facie case or sufficiently identify the disputed land.
Civil procedure — Interim injunction — Requirement of a prima facie case and bona fide contest — Necessity of clear identification and coherent linkage between sale agreement and registered title — Insufficiency of inconsistent property descriptions — Balance of convenience and irreparable harm not shown.
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13 March 2026 |
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The applicants' convictions were quashed due to unsafe visual identification, broken chain of custody, and uncorroborated confessions.
Criminal law — visual identification — safety of identification evidence; Evidence — chain of custody — identification of suspected stolen property; Evidence — cautioned/confessional statements — requirement of independent corroboration; Doctrine of recent/constructive possession — reliance on properly identified exhibits; Proof beyond reasonable doubt.
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13 March 2026 |
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Court restored Ward Tribunal decision, holding pecuniary jurisdiction requires evidence, not assumptions about land size.
Land law — pecuniary jurisdiction — value must be established by evidence (valuation report) — size of land alone insufficient; Civil procedure — appeal route under s.38 LDCA — overriding objective may justify hearing on merits.
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13 March 2026 |
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Administrator failed to prove estate title; court upheld respondents' hereditary long-occupation and dismissed the appeal.
Land dispute – proof of ownership – burden of proof and standard (preponderance of probabilities) – variance between pleadings and evidence – hearsay inadmissible – long occupation and customary inheritance as proof – appellate re-evaluation of credibility (Hemed Said v Mbilu).
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13 March 2026 |
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Court convicted several accused of conspiracy to commit terrorist acts but acquitted on multiple specific terrorism counts due to lack of corroboration.
Prevention of Terrorism Act — Conspiracy to commit terrorist acts — Weight and corroboration of cautioned/confessional statements — Admissibility and sufficiency of seizure and ballistic evidence — Hearsay and requirement for independent corroboration — Alibi notice requirement under EOCCA/Criminal Procedure Act — Unlawful possession of firearms.
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13 March 2026 |
Recent Legislation
| Government Notice 70 of 2026 | 20 February 2026 | |
| Government Notice 62 of 2015 | 19 December 2025 | |
| Government Notice 688 of 2025 | 19 December 2025 | |
| Government Notice 689 of 2025 | 19 December 2025 | |
| Government Notice 690 of 2025 | 19 December 2025 | |
| Government Notice 685 of 2025 | 19 December 2025 | |
| Government Notice 686 of 2025 | 19 December 2025 | |
| Government Notice 675 of 2025 | 5 December 2025 | |
| Government Notice 652 of 2025 | 7 November 2025 | |
| Government Notice 650 of 2025 | 7 November 2025 |
Recent Gazettes
| 6 March 2026 | |
| 27 February 2026 | |
| 20 February 2026 | |
| 20 February 2026 | |
| 13 February 2026 |
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