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Citation
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Judgment date
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| December 1996 |
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Form defects in an application for leave to appeal out of time (title and oath placement) are curable by amendment; objection dismissed.
Practice and procedure — Appellate procedure — Application for leave to appeal out of time — Form irregularities (title as Notice of Motion; placement of oath/affirmation) are curable by amendment and not fatal — Affidavit content — source of deponent’s belief — requirement to disclose only where external source exists.
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30 December 1996 |
Appeal - Application to lodge memorandum of appeal out of time - Requirements. |
30 December 1996 |
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Appeal against sentence dismissed; post-sentence ill health does not justify s337(1) probation relief absent circumstances at sentencing.
Criminal procedure – Sentencing – Application of section 337(1) Criminal Procedure Act – probation and bonds – post-sentence deterioration in health cannot be relied upon as a circumstance for probation at the time of sentencing; Manslaughter aggravated by torture – appellate interference with sentence declined.
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23 December 1996 |
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Leave to appeal and extension granted due to court’s failure to supply judgment copy; raises suo motu enlargement issue.
Civil procedure – extension of time to apply for leave to appeal – delay caused by court’s failure to supply judgment copy – sufficiency of uncontroverted affidavit – leave granted. Procedural law – whether a court may enlarge limitation periods suo motu without an application – question reserved for appellate determination.
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12 December 1996 |
Civil Practice and Procedure - Appeals- Rule 52( 1) - Mandatory to serve respondent as a necessary party - Failure to comply with Rule. Civil Practice and Procedure - Appeals - Rules 43 and 44 — Rules envisaging valid and competent applications only. |
6 December 1996 |
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Extension of time refused where applicants failed to show sufficient cause for two‑year delay in prosecuting appeal.
Civil procedure — extension of time to file memorandum of appeal — requirement to show sufficient cause — Rule 83 Court of Appeal Rules — registry delay, advocate’s indisposition and unproven payments not accepted as sufficient cause — appeal deemed withdrawn under applicable rules.
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2 December 1996 |
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Reported
Court of Appeal Rules - Record of Appeal not incorporating an extract of the order appealed against - Whether appeal is competent - Rule 89 of the Court of Appeal Rules, 1979. |
2 December 1996 |
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Applicant failed to show a recognized ground for the Court of Appeal to review its prior judgment; application dismissed with costs.
* Civil procedure — Review of Court of Appeal judgments — Limited inherent jurisdiction to review only where there is a manifest error on the face of the record, denial of hearing, slip rule error, or fraud.
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2 December 1996 |
| November 1996 |
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Court reversed an extension of time where no new grounds justified overriding earlier finding that the appeal was time-barred.
* Civil procedure – extension of time – whether sufficient/new reasons exist to justify extension where matter previously considered and appeal found time-barred; application of Rule 83 of the Court of Appeal Rules.
* Procedural finality – repetition of previously decided issues does not warrant reconsideration absent new material.
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28 November 1996 |
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No extension of time where no sufficient new grounds existed and appeal was previously held time-barred.
Extension of time – discretion to extend time under Court of Appeal Rules (Rule 83) – whether sufficient/new grounds exist – prior determination of time-barred appeal – procedural chronology not amounting to fresh grounds.
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28 November 1996 |
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Application for a full bench to displace precedent denied; failure to supply address for service does not automatically extinguish locus standi.
Court of Appeal – procedure – requirement for respondent to supply an address for service – failure to provide address for service – locus standi – effect of prior decision (Mvita Construction) – whether full bench required to depart from precedent.
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27 November 1996 |
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Procedural lapses in assessor recordation were harmless; eyewitness identification was reliable, so conviction and death sentence affirmed.
* Criminal procedure – Trials in High Court with assessors – Requirement to permit assessors to question witnesses – improper recordation of assessors' contributions but harmless irregularity.
* Evidence – Identification – Reliability of eyewitness identification where victims are familiar with accused, supported by corroboration and circumstances.
* Delay in arrest – Delay between identification and formal arrest does not automatically vitiate identification evidence.
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22 November 1996 |
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Whether respondents holding a life licence to collect rents can be landlords entitled to evict the tenant.
* Property law – licence coupled with an interest – life right to collect rents – whether licence confers entitlement to possession and landlord status.
* Rent Restriction Act – definition of ‘landlord’ – person entitled to possession includes life licensee.
* Nationalised property – presidential directions – conditions on enjoyment of rents and consultation with NHC.
* Eviction – who may sue – licensee with life interest can seek eviction as landlord.
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14 November 1996 |
(Appeal from the judgment and decree of the High Court of Tanzania, Dar es Salaam, Mwaikusa J.) |
14 November 1996 |
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Failure to give statutory written notice under s.289 rendered prosecution witnesses' evidence inadmissible, requiring quash and retrial of the respondent.
* Criminal procedure – Section 289 Criminal Procedure Act 1985 – requirement of reasonable written notice before calling witness whose statement was not produced at committal – non-compliance renders evidence inadmissible.
* Evidence – inadmissibility of prosecution witnesses called without statutory notice; listing names in preliminaries does not cure failure to give notice.
* Trial irregularity – expunging evidence at judgment stage without rehearing counsel is improper.
* Assessors – misdirection by addressing only credibility; duty to direct on effect of excluding evidence and on corroboration of retracted confession and alibi.
* Remedy – substantial procedural errors warrant quashing and ordering retrial.
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4 November 1996 |
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Single-witness identification treated with caution; one conviction quashed, other appeals dismissed.
* Criminal law – Identification evidence – reliability of identification parades, delays and contradictions – single-witness identification and benefit of doubt.
* Criminal procedure – Conduct of identification parades – presence of justices of the peace and calling of escorting police officers.
* Evidence – absence of recovered stolen property – relevance to convictions.
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4 November 1996 |
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Suits concerning unregistered land must commence in the Primary Court; jurisdictional non‑compliance renders proceedings void.
Jurisdiction — Unregistered land — Proviso to s.63(1) Magistrates' Courts Act, 1984 — Suit relating to unregistered land must commence in Primary Court unless High Court directs otherwise — Proceedings in wrong court are nullity — Relief: quashing proceedings, fresh suit in Primary Court, interim injunction to preserve property, return of documents, costs.
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4 November 1996 |
| October 1996 |
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The Court upheld murder convictions and dismissed the appellants' appeal, finding sufficient evidence and valid common intention.
Criminal law – murder – sufficiency of evidence; cautioned statements – repudiation raised late; eyewitnesses related to deceased – admissibility and credibility; identification in darkness – relevance when presence undisputed; common intention (Section 23 Penal Code) – liability; assessors’ direction – adequacy.
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28 October 1996 |
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The appellant's challenges to identification and sentence were dismissed; conviction and ten-year term for attempted murder upheld.
* Criminal law – Attempted murder – Identification evidence – familiarity, proximity, and voice recognition can render identification reliable despite darkness.
* Criminal law – Circumstantial evidence – concealment on police approach supports inference of guilty mind.
* Sentence review – ten-year imprisonment for attempted murder not manifestly excessive in a brutal attack that could have been fatal.
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28 October 1996 |
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A voluntary, detailed retracted confession can sustain a murder conviction even without independent corroboration.
* Criminal law – confession – retracted confession – admissibility and weight – voluntariness and surrounding circumstances * Corroboration – desirable but not essential where confession is credible * Role of medical evidence and complainant statements in assessing allegations of torture * Appellate review of trial judge's credibility findings
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28 October 1996 |
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Application to amend unverified affidavit and extend time dismissed for lack of leave, service and timeliness.
* Civil procedure – Affidavit verification – Effect of unverified affidavit on Notice of Motion; * Civil procedure – Amendment of pleadings/Notices – Requirement for leave to amend; * Civil procedure – Service of process – Non-service of original Notice; * Civil procedure – Timeliness – Rule 47 and extension of time; * Relief – Application to extend time and amend dismissed with costs.
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25 October 1996 |
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Court upheld murder conviction, finding dying declaration, eyewitness evidence and confession reliable; appeal dismissed.
Criminal law – Murder – Weight of dying declaration – Reliability despite head injuries and survival period; Eyewitness testimony – contradictions attributable to lapse of memory; Intoxication/insanity defence – only mild intoxication proved; Confession and escape from custody – corroborative value; Appeal – assessment of totality of evidence.
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21 October 1996 |
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Appeal dismissed: dying declaration and corroborative evidence upheld, confirming murder conviction and mandatory death sentence for the appellant.
Criminal law – Murder – Dying declaration – Reliability and admissibility – Eyewitness contradictions explained by lapse of memory – Intoxication not amounting to insanity – Confession and corroboration – Mandatory death sentence upheld.
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21 October 1996 |
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Court upheld murder conviction, finding dying declaration and confessions reliable despite minor witness contradictions and mild intoxication.
Criminal law – murder – reliability and admissibility of dying declaration – witness credibility where memory lapses occur – intoxication as defence – value of confession and escape from custody as corroborative evidence.
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21 October 1996 |
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Identification of a familiar assailant and post-offence hiding supported conviction; ten-year sentence upheld.
Criminal law – Identification evidence in low light – recognition of familiar persons and corroborative circumstances; alibi – evaluation and rejection; consciousness of guilt – hiding under bed as corroborative evidence; sentence – appellate restraint and proportionality in attempted murder cases.
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20 October 1996 |
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Reported
Civil Practice and Procedure - Appeals - Appeals to the Court of Appeal - Appeals originating from primary courts-Need for Certificate that appeal involves a point of law - Time frame in which to apply for the certificate - Section 5 of the Appellate Jurisdiction Act 1979 |
10 October 1996 |
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Appeals in election petition matters lie to the Court of Appeal as of right; alleged corrupt agents must be handled under Elections Act procedure.
Constitutional and appellate jurisdiction — Appeals from High Court election petitions lie to the Court of Appeal as of right; leave unnecessary. Elections law — Allegations that persons acted as corrupt agents cannot be resolved by ordinary joinder; Elections Act and petition rules govern procedure and require opportunity to be heard. Civil procedure — Objection of non-joinder should be taken at earliest opportunity; substantive statutory procedure prevails.
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8 October 1996 |
| September 1996 |
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Application to extend time to add costs to judgment struck out as abuse of process and incompetent.
Civil procedure — application for extension of time to correct judgment — correction to include costs where no prayer was made in memorandum of appeal — application time-barred — repeat applications and re-litigation — abuse of process — application struck out as grossly misconceived and incompetent.
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24 September 1996 |
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Reported
Evidence — Presumptions — Entries in bankers’ books — Effect of s 77of Evidence Act 1967.
Banking - Negligence by banker - What constitutes - Failure to act on instructions of customer where court order hadfrozen account.
Banking - Effect of court order on deposit account. |
23 September 1996 |
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Whether the Minister may lawfully qualify a reinstatement order under s.9B and whether that qualification was unreasonable.
Industrial relations – Reinstatement – Whether a minister may qualify reinstatement by treating employee as on leave without pay – Interpretation of 'reinstatement' as ordinary language versus statutory term of art – Ministerial powers under s.9B Industrial Court of Tanzania Act – Reviewability and reasonableness of administrative decisions.
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23 September 1996 |
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Whether a Minister may lawfully qualify reinstatement by treating the pre-decision period as leave without pay.
Employment law – Reinstatement – Whether a Minister may qualify reinstatement by treating pre-decision period as leave without pay – Scope of Ministerial power under section 9B of the Industrial Court of Tanzania Act – Judicial review and reasonableness of administrative decisions.
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23 September 1996 |
| August 1996 |
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Court dismissed preliminary objection to counter-affidavit and ordered substantive application for extension and stay to proceed to hearing.
* Civil procedure – Preliminary objection – striking out counter-affidavit – test for argumentative, evasive or incurably defective affidavits; * Civil procedure – Counter-affidavit may clarify subject matter and raise legal points; * Evidence – statements attributable to court officers should be sworn by those officers; * Procedure – matters of conflicting affidavits to be resolved at substantive hearing.
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7 August 1996 |
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A tribunal’s decision is void where members of the deciding panel did not hear the whole evidence and voting is not recorded.
* Administrative law – natural justice – tribunal members who decide must have heard all the evidence – coram changes vitiating decision; * Procedural requirements – requirement that decision be by majority of members present and voting – failure to record votes undermines validity; * Legality of tribunal – potential expiry of members’ tenure may cast doubt on decision.
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7 August 1996 |
| July 1996 |
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Interlocutory review refused as res judicata; application struck out and personal costs ordered against counsel.
Court of Appeal procedure — interlocutory applications — preliminary objections to applications — rule 100 inapplicable to applications; rule 3 governs procedure — res judicata of Full Bench rulings — one panel cannot intervene in another panel’s proceedings — rule 116: personal costs against advocate for improper or fruitless proceedings.
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30 July 1996 |
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Reported
Interlocutory review seeking to affect an already-heard appeal was incompetent and the application was struck out with personal costs against counsel.
Court of Appeal procedure – interlocutory applications – competency where the affected appeal has been heard; Preliminary objection – Rule 100 applies to appeals only; preliminary objections to applications governed by general rules and must be raised before hearing; Bench jurisdiction – one bench cannot intervene in proceedings before another bench; Costs – Rule 116 permits personal costs against advocate for improperly or unreasonably incurred costs.
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30 July 1996 |
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Reported
Civil Practice and Procedure - Interlocutory Proceedings - Meaning of interlocutory proceeding - "Interlocutory proceedings defined"
Civil Practice and Procedure - Preliminary Objection - Preliminary Objections under the Court of AppealRules - Preliminary Objections to Applications - Rule 100 not applicable. |
30 July 1996 |
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Review application dismissed: alleged errors were appellate issues, not grounds for review; no apparent error on record.
Civil procedure – Review jurisdiction; limits of review versus appeal; apparent error on the face of the record; impounding unstamped documents and stamp duty issues; remedies for alleged unjust enrichment.
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23 July 1996 |
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Court dismissed preliminary objection and extended time to annex High Court ruling, invoking Rule 3(1) in the interests of justice.
Civil procedure — Rule 46(3) (mandatory annexure of High Court decision); Rule 3(1) (court may depart from Rules in interest of justice); lay litigant’s inability to obtain certified copies or counsel may justify extension of time; preliminary objection dismissed and time extended to cure defect.
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15 July 1996 |
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Appeal against robbery conviction summarily rejected; daylight identification and mandatory sentence upheld.
Criminal law – Robbery – Identification evidence – Daylight identification and prior acquaintance – Conviction supported by evidence – Mandatory minimum sentence – Summary rejection of frivolous appeal under Appellate Jurisdiction Act.
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11 July 1996 |
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An application for revision was incompetent where no exceptional circumstances justified bypassing the appeal process.
* Appellate jurisdiction – Revisional jurisdiction – Limited circumstances for its exercise as set out in Halais Pro‑Chemie – Revision not to be used as an alternative to appeal. * Civil procedure – Preliminary objection – Competence of application to invoke revision. * Exceptional circumstances – Complaint about judicial error and counsel’s departure not sufficient to invoke revision.
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11 July 1996 |
| June 1996 |
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Taxing officer allowed substantial but reduced instruction fee; bill of costs taxed at Shs.8,044,000.
Taxation of costs – instruction fees – reasonableness and proportionality in complex appeals – considerations: record length, authorities, hearing duration, post-judgment work – reduction of excessive claim.
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28 June 1996 |
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Court ordered the Registrar to re‑process registration fairly and allowed provisional political participation; no automatic issuance or damages.
Political Parties Act s.20(1) — finality of Registrar’s decisions; judicial review only; interpretation of appellate order as duty to re‑process application fairly; provisional registration preserved; no automatic grant or general power to compel issuance but Court directed Registrar to decide within four weeks; claim for damages dismissed.
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14 June 1996 |
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Magistrate had no statutory power to convert criminal charges into civil proceedings; High Court rightly restored prosecution.
Criminal procedure — Magistrate’s power to convert criminal to civil proceedings — No general power; only permitted after hearing, on withdrawal (s.172) or nolle prosequi (s.75) — Company law — Separate legal personality — Director/shareholder may be criminally liable to company.
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12 June 1996 |
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Court held that election petition particulars must be specifically pleaded and directed amendment rather than summary dismissal.
Election law – Election petitions – Pleadings – Particularity of allegations – material facts must be specifically pleaded; facts cannot be implied. Civil Procedure – Order VI Rules 5 and 16 – power to order further particulars or amendment; courts should prescribe time limits to avoid delay. Elections (Elections Petitions) Rules, Rule 27(1) – dismissal for procedural non‑compliance only where miscarriage of justice likely. Striking out pleadings may amount to dismissal where petition depends on cumulative allegations.
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10 June 1996 |
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Reported
Elections - Election petition - Pleadings - Not correct to infer a fact which is not specifically pleaded in petition - Pleadings vague and imprecise
Elections - Election petition - Parts ofpetition found to be vague and imprecise - Orderfor amendment would not have resulted in delay if court prescribed specific period within which amendments were to be effected - In circumstances, orderfor amendment ought to have been granted
Civil Practice and Procedure - Pleadings - Amendments to - When amendments should be granted - Law restated |
10 June 1996 |
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A recorded consent settlement becomes a decree; once executed, an application to lift prior attachment is overtaken by events.
* Civil procedure – Consent settlement recorded and confirmed by court – Effect: becomes decree and terminates main suit – Execution of decree precludes subsequent application to lift prior attachment as overtaken by events. * Third-party claims over attached goods – Remedy is independent suit or application for review/appeal to impugn decree where locus exists. * Reviewability – Court will not entertain review where the decree has been passed and executed; challenge must follow proper review/appeal procedure.
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6 June 1996 |
| May 1996 |
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Reported
Criminal Law - Murder - Defence ofInsanity - Medical evidence of insanity - Utility ofdoctor's evidence of insanity
Criminal Law -Insanity - Test ofthe defence of insanity
Criminal Law - Murder - Diminished responsibility - Whether diminished responsibility is recognized as a defence under the law of Tanzania |
30 May 1996 |
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An order made in execution proceedings is not a decree appealable as of right; leave to appeal is required.
Civil procedure — execution proceedings — whether an order made in execution proceedings is a 'decree' appealable as of right — interpretation of section 3 and section 38 Civil Procedure Code and section 5(1)(a)/(c) Appellate Jurisdiction Act — leave to appeal required for 'every other decree'.
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30 May 1996 |
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Whether a High Court decree issued in execution proceedings is appealable as of right or requires leave.
Appellate jurisdiction – Appeal as of right v leave – Whether decree made in execution proceedings is a decree made in exercise of High Court's original jurisdiction under s.5(1)(a) or falls under s.5(1)(c) requiring leave; Civil Procedure Code – definition of 'decree' and whether execution proceedings amount to a 'suit' for that purpose; Procedural competence – preliminary objection and striking out for want of leave/prosecution.
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30 May 1996 |
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30 May 1996 |