Judgments

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.

* 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.

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.

* 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.

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.

* 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.

* 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.

* 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.

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.

* 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.

Land law – title deed not conclusive where title issued by mistake; burden of proof in ownership disputes; assessors’ opinions are not binding on the trial judge; joinder of land authorities required only where issuance, revocation, or registry/survey records are directly challenged.

Civil procedure – Extension of time – Sufficient cause – Applicant must account for days of delay, show diligence and promptness (Lyamuya principles); delay attributable to trial tribunal’s failure to rectify judgment and e‑filing/network problems can constitute sufficient cause; uncontested affidavit and ex parte hearing considered.

Civil procedure – burden of proof and balance of probabilities; evidence – weight of testimony vs documentary proof; ownership/permission does not prove wrongful harvesting; alleged admission must appear on record.

* Land law – Ward Tribunal role – mediation not adjudication required under section 13 LDCA; * Jurisdiction – District Tribunal cannot hear matter absent proper Ward mediation (s.13(4)); * Procedure – assessors' opinions must be recorded, read and incorporated; failure is fatal; * Evidence – witness statements must be recorded in narrative form (Order XVIII, R.10 CPC); * Remedy – proceedings and judgment nullified; matter may be instituted afresh from Ward Tribunal.

* Procedure – Court proceedings – Requirement for presiding officer's signature at the end of each witness's testimony – Authenticity of record – Unsigned testimonies render proceedings unauthentic and vitiated. * Appeal/Revision – Incurable procedural irregularity – Nullity of proceedings – Retrial ordered before different chairman and new assessors. * Overriding objective – Not available to cure absence of authentication of trial record.

* Land law – ownership disputes – evaluation of oral testimony – distinguishing minor (age/memory-related) discrepancies from material contradictions that go to the root of title. * Evidence – burden on balance of probabilities in civil claims; party with heavier, credible evidence prevails. * Pleadings – court will not fault respondent where claimant did not plead a particular chain of title. * Credibility – corroborative neighbour evidence can bolster possession/ownership claims.

* Land dispute – proof of ownership – burden of proof on balance of probabilities – party with heavier/corroborated evidence prevails. * Evaluation of evidence – minor contradictions attributable to age or lapse of memory do not vitiate a party’s case. * Procedural error – misdirected finding on unpleaded witness requirement can be immaterial if respondent’s case is otherwise proved.

Civil procedure – Order XXXIX r.19 – restoration of appeal dismissed for want of prosecution; sickness of counsel as sufficient cause; proof of incapacity; assessment confined to circumstances on hearing date; costs – each party to bear own costs.

* Civil procedure – interim injunction – prerequisites: prima facie case, irreparable injury, balance of convenience; * Contract/Commercial law – marketing licence, termination and eviction of petrol stations; * Interim relief to preserve status quo pending substantive proceedings; * Loss of goodwill and business continuity as irreparable harm.

* Civil procedure – stay of execution – Order XXXIX r.5 CPC – jurisdiction – effect of lodging notice of appeal – once appeal to Court of Appeal commences High Court ceases to have jurisdiction; preliminary objection – application struck out with costs.

* Companies law – petitions concerning conduct of liquidator – standing to sue – reliance on Power of Attorney as source of locus standi. * Powers of attorney – litigation – requirement that instrument disclose reasons preventing donor from acting personally – omission renders instrument defective. * Civil procedure – preliminary objections – court may examine foundational documents when authority to sue depends solely on them. * Procedural consequence – defect in locus standi is fatal and warrants striking out the petition.

* Criminal law – Sexual offences – Child rape – essential ingredients: victim's age, penetration, and identity must be proved beyond reasonable doubt. * Evidence – Victim testimony: credibility and quality required; not to be accepted as gospel truth. * Evidence – Hearsay: testimonies of non‑eyewitnesses that recount what others said do not substitute for direct proof. * Evidence – Medical reports (PF3): may show penetration but are opinion evidence and do not alone establish identity. * Standard of proof: conviction requires proof beyond reasonable doubt; failure to prove identity quashes conviction.

Land appeal — Extension of time to file Notice of Appeal — Sufficient/good cause — Technical delay attributable to court administration — Section 14(1) Law of Limitation Act — Duty to account for delay; court’s discretion.

* Criminal law – proof beyond reasonable doubt – assault causing actual bodily harm – necessity of medical evidence/PF3 and corroboration. * Criminal procedure – appellate re-evaluation of evidence – District Court’s power to quash unsafe convictions. * Jurisdiction – Primary Courts’ power to award compensation under section 5(1)(b) of the Primary Courts Criminal Procedure Code – limit of Tshs.100,000 unless offence appears in Minimum Sentences Act.

Family law – Jurisdiction under s.101 Law of Marriage Act – mandatory Marriage Conciliation Board certificate – requirement to file, tender and admit certificate; Annexures to pleadings are not evidence; Appellate procedure – jurisdictional points may be raised at any stage; Matrimonial property division – issues of existence and contribution not determined due to jurisdictional nullity.

* Companies law – Rectification of Companies Register – Reliefs against entries in Registrar's custody require joining the Registrar as necessary party. * Civil procedure – Non-joinder of necessary party – Failure to join Registrar of Companies (BRELA) is fatal and cannot be cured by Order I r.9 CPC or overriding objective. * Companies Act – Court directives to Registrar – Registrar must be heard before court issues orders affecting statutory register. * Procedural remedy – Petition struck out; petitioner may refile after rectification.

* Civil procedure – Transfer and assignment of appeals – Administrative powers of Judge In-charge under Land Disputes Courts Act – once an appeal is transferred and assigned to one resident magistrate with extended jurisdiction the file remains pending before that assignee and cannot be re-assigned without justification. * Jurisdiction – Proceedings conducted by a magistrate lacking lawful assignment are null and void. * Procedural irregularity – Interlocutory orders by magistrates not properly assigned are tainted by jurisdictional defect. * Remedy – Nullification of proceedings and judgment; remittance for rehearing; costs each party to bear own.

Criminal procedure – Extension of time to appeal – Section 382(2) CPA; Prisoner litigants – inability of prison authorities to lodge notices – sufficient cause for extension; Court discretion – imposition of timetable for filing notice and petition of appeal.

* Civil procedure – Withdrawal of suit before judgment – Order XXIII Rule 1(1) CPC – Court’s discretion as to costs and conditions; * Overriding objective and mediation – encouragement of amicable settlement; * Costs – refusal where matter is at pre‑trial/embryonic stage and withdrawal in good faith.