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

Second appeal dismissed for raising fresh factual issues; first appellate ex‑parte decision quashed and decree set aside.
Family law — Matrimonial property division; second appeal — fresh factual grounds not permissible; ex‑parte appellate decision set aside; quashing of appellate decree; child maintenance and costs issues.
4 December 2025
Conviction for armed robbery quashed due to ownership doubts and improperly admitted documentary evidence.
Criminal law — armed robbery — identification and proof of stolen property; admissibility of documentary exhibits (sale agreement, registration card); ownership conflict and reasonable doubt; conviction quashed.
4 December 2025
Non-joinder of the purchaser in a land dispute is fatal; ward mediation irregularity alone is not necessarily dispositive.
Land law – mandatory ward mediation – admissibility of evidence in mediation – ‘finding’ by a Ward Tribunal – non-joinder of purchaser as necessary party – quashing and remitting for joinder and rehearing.
4 December 2025
Illegality in execution (possession beyond decree) justified extension of time to file revision; applicant to file within 30 days.
Land law – Execution of decree – Possession handed over beyond tribunal’s award – Illegality in execution as sufficient cause for extension of time – Extension of time discretionary; manifest illegality warrants reopening by revision.
4 December 2025
Appeal allowed: convictions quashed due to inadequate identification and unreliable, conflicting cautioned statements.
Criminal law – Armed robbery – Identification at scene – Admissibility and reliability of cautioned statements – Repudiation and conflicting confessions – Need for corroboration – Unsafe conviction and sentence set aside.
4 December 2025
Procedural unfairness (improperly procured interpreter and amended charge) led to quashing of conviction and no retrial.
Wildlife offences – procedural fairness – amendment/substitution of charge – use of interpreter procured by prosecution v. court – improper procedure vitiating trial – weak prosecution evidence – quashing proceedings; no retrial ordered.
4 December 2025
Conviction quashed where victim's age was insufficiently proved and preliminary hearing procedures were not followed.
Criminal procedure — Preliminary hearing — requirement to read over and explain facts to unrepresented accused; Proof of age in statutory rape — sources and sufficiency; Effect of a silent preliminary hearing record — admissions worthless; Unsafe conviction — quashed.
4 December 2025
Failure to join the vendor in a land suit nullifies the tribunal’s decision; fresh suit required with vendor impleaded.
Land law – Non-joinder of necessary parties – Vendor as indispensable party in disputes with conflicting sale agreements – Failure to join vendor vitiates proceedings and renders judgment a nullity; counter-claim required for declaration of defendant’s ownership.
4 December 2025
Whether the respondent maliciously prosecuted the applicant; court held no malice and reasonable probable cause existed.
Malicious prosecution — elements — malice; reasonable and probable cause; refiling withdrawn charge does not alone prove malice; evidential weight of witness identification and circumstances.
4 December 2025
Applicant who paid over 50% of claimed NSSF contributions granted leave to defend the summary suit.
Civil Procedure — Order XXXV Rule 3(3) — Summary suit for recovery of social security contributions — Mandatory deposit or security equal to 50% of contributions claimed (GN No. 569 of 2025) — Compliance permits leave to appear and defend where triable issue exists.
4 December 2025
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