Karibu Katika Mfumo wa Taarifa za Maamuzi, Sheria na Kanuni za Tanzania
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Recent Judgments
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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.
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14 November 2025 |
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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.
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14 November 2025 |
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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.
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14 November 2025 |
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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.
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14 November 2025 |
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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.
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14 November 2025 |
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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.
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14 November 2025 |
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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.
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14 November 2025 |
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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.
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14 November 2025 |
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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.
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14 November 2025 |
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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.
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14 November 2025 |
Recent Legislation
| Government Notice 655 of 2025 | 7 November 2025 | |
| Government Notice 653 of 2025 | 7 November 2025 | |
| Government Notice 651 of 2025 | 7 November 2025 | |
| Government Notice 654 of 2025 | 7 November 2025 | |
| Government Notice 649 of 2025 | 7 November 2025 | |
| Government Notice 650 of 2025 | 7 November 2025 | |
| Government Notice 652 of 2025 | 7 November 2025 | |
| Government Notice 609 of 2025 | 17 October 2025 | |
| Government Notice 610 of 2025 | 17 October 2025 | |
| Government Notice 611 of 2025 | 17 October 2025 |
Recent Gazettes
| 7 November 2025 | |
| 7 November 2025 | |
| 7 November 2025 | |
| 24 October 2025 | |
| 24 October 2025 |
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