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

Whether the CMA may admit fresh evidence not tendered at the employee's disciplinary hearing.
Labour law – Disciplinary proceedings – Rule 13(5) of the Code of Good Practice – Scope limited to internal disciplinary hearings; CMA as quasi-judicial body may admit fresh evidence – CMA proceedings under ELRA are fresh hearings, not appeals from disciplinary committees.
8 December 2025
Failure to serve the letter requesting appeal documents within 30 days renders the appeal time-barred and struck out.
Civil procedure – Appeal time-limits – Service of letter requesting copies of proceedings on respondent within 30 days – Rule 90(3) – Pre-amendment settled law – Certificate of delay – Overriding objective principle cannot cure failure to comply with mandatory time limits.
8 December 2025
Admission in pleadings and corroborating evidence established the debt despite non‑production of the signed contract; appeal dismissed with costs.
Civil procedure — pleadings and admissions — Order VIII (CPC) and section 65 (Evidence Act): evasive or non‑specific denial deemed admission; proof not required. Evidence — corroboration by witness statements and management/audit documents sufficient to establish debt. Contract evidence — failure to tender signed contract does not preclude judgment where plea admissions and other evidence prove the claim. Remedies — trial court’s discretion to award interest on decretal sums under CPC.
8 December 2025
The appeal was struck out as time‑barred because a defective certificate of delay improperly excluded days beyond the Registrar's notification.
Civil procedure — Appeal timelines — Rule 90(1) and Form L — Certificate of delay must exclude days only from request to date of Registrar's notification that documents are ready — Defective certificate renders appeal time‑barred.
8 December 2025
8 December 2025
Res judicata bars re-litigation of the same land dispute decided by competent tribunals; appeal dismissed with costs.
Civil procedure — Res judicata — Land dispute — Identity of subject matter and parties — Finality of prior decisions by competent tribunals — Bar to re‑litigation.
8 December 2025
Court allowed appeal: name variations did not make the respondent a wrong party; matter remitted for merits with costs.
Civil procedure — misnomer/misidentification of parties — variations in contractual name — privity of contract — burden of proof under Evidence Act s122 — failure to produce certificate of incorporation — rectification of party names; appeal against strike-out for suing wrong party.
8 December 2025
Recognition and post‑mortem cervical fracture evidence established murder and malice aforethought; accused sentenced to death.
Criminal law – Murder – Unnatural death established by post‑mortem (fracture C4) – Recognition evidence and dying statement – Alibi credibility – Malice aforethought inferred from neck injuries, multiple blows, collaboration and flight – Sentence: death by hanging under ss.196–197 Penal Code.
8 December 2025
Court remitted arbitral award for reconsideration due to double recovery; other alleged irregularities were factual and non‑reviewable.
Arbitration Act s75 — limited court review of arbitral awards; courts cannot re‑weigh facts; double recovery doctrine; remittal to arbitral tribunal for reconsideration; parties bound by pleadings; proof required for counterclaims and special damages.
8 December 2025
Court granted extension to seek leave to appeal despite inordinate delay, finding illegality not apparent on the record.
Arbitration Act – Extension of time to seek leave to appeal – Grounds for extension: sufficient cause, accounting for delay, diligence, apparent illegality on the face of the record – Technical delay from an earlier incompetent appeal may justify extension.
8 December 2025
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