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184 judgments found.
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December 2015
A defective Certificate of Delay and genuine pursuit of remedies can constitute good cause for extension of time to appeal.
Civil procedure
— Appeals — Certificate of delay — Registrar's certificate of delay ineffective where wrong party named
— extension of time — Good cause for delay — Exclusion of period awaiting rectification of judgment
Labour law — incompetent matters should be struck out, not dismissed — Whether it was proper for the High Court to strike out the complaint instead of dismissing it
30 December 2015
30 December 2015
Inadequate night-time identification and defective notices of appeal justified quashing convictions and releasing the appellants.
Appellate practice
— Appellate jurisdiction act (s.4(2)) — Court of Appeal may invoke revisional powers to nullify defective proceedings, quash sentence and remit for proper conviction
— notice and petition of appeal — Requirement that each appellant lodge a notice of appeal (Court of Appeal Rules r.68(1))
Criminal law — Visual identification — night-time identification — Application of Waziri Amani factors (duration, distance, visibility, prior acquaintance, interval)
30 December 2015
Night-time visual identification was unsafe; convictions and sentences were quashed and appellants ordered released.
Appellate practice — Appellate jurisdiction
Criminal law — Visual identification
— convictions unsafe where identification not watertight (Waziri principles)
— Night-time identification unreliable
Criminal procedure — Appeal
30 December 2015
Six co-accused failed to file notices of appeal; first appellant acquitted due to unreliable night-time visual identification.
Criminal law
— Appeal procedure — Notice of intention to appeal — Whether each appellant must file a notice to institute an appeal (Court of Appeal Rules r 68(1))
— Visual identification evidence — Reliability and safety of identification at night — Standards for safe conviction (Waziri Amani principle)
Appellate practice — Court of Appeal revisional powers s.4(2) AJA — Nullification of High Court order — Use of s.4(2) AJA to set aside convictions and order release
30 December 2015
Conflicting Ward Tribunal judgments render subsequent tribunal decisions void and require rehearing de novo.
Civil procedure — Procedural irregularity — conflicting signed Ward Tribunal judgments
— decisions set aside and matter ordered reheard de novo
— fatal to subsequent tribunal findings
— no order as to costs
29 December 2015
Trial court improperly shifted burden; appellants proved valid purchase and sale, appeal allowed.
Civil procedure — Decree formalities — Requirement that decree be dated (Order XXIII r.7 Civil Procedure Decree Cap.8)
Evidence — evaluation of credibility — Improper shifting of burden of proof by trial court
Land law — Land ownership dispute — proof of title and possession — Burden of proof in civil ownership claims
28 December 2015
Appellant’s superior title established; invitee respondent’s occupation insufficient to defeat ownership—appeal allowed, lower judgments reversed.
Land law — ownership and occupation
— adverse possession not established
— evidence of original cultivation and succession of title
— invitee occupation versus proprietary right
— weight of oral testimony
28 December 2015
Application for security for costs struck out for failing to cite Rule 120(3); Rule 4 inapplicable.
Civil procedure — security for costs
— application for deposit of security
— Court of Appeal not an executing court
— non‑citation of the applicable rule is a fundamental defect justifying striking out
23 December 2015
An application to lift a garnishee order is in effect a stay of execution and wrong citation renders it incompetent.
Civil procedure — Lifting it equates to stay of execution — Wrong or non‑citation of specific enabling rule
23 December 2015
Extension to file review denied for 19‑year inordinate delay and failure to show good cause.
Appellate practice — extension of time — good cause, accounting for delay, diligence — Rule 10 of the Court of Appeal Rules, 2009
Civil procedure — Inordinate delay — Delay and abuse of process — Inordinate unexplained delay warrants dismissal
Criminal procedure — review of Court of Appeal judgment — Application under Rule 66(1) of the Court of Appeal Rules, 2009 — re‑arguing evidence not a ground for review
16 December 2015
A 19‑year unexplained delay and improper review grounds do not justify extension of time to seek review.
Civil procedure
— Delay — Inordinate delay (19 years) unexplained is fatal to an extension application
— extension of time
— Review — Limitation — Re‑evaluation of evidence is not a proper ground for review and may amount to abuse of process
Criminal procedure — Review applications
16 December 2015
A 19‑year unexplained delay and re‑arguing evidence do not justify extension of time to seek review.
Criminal procedure — Review under Rule 66(1) — grounds include manifest error on the face of the record and decision being a nullity — Rule 66(1) Tanzania Court of Appeal Rules
Requirement to act diligently and account for delay — Consideration of diligence and promptness — Extension of time: good cause and accounting for every day of delay — Rule 10 Tanzania Court of Appeal Rules
16 December 2015
The appellant's failure to file mandatory written submissions under Rule 106(1) rendered the appeal unmaintainable.
Civil procedure
— Court of Appeal Rules, 2009
— Judicial discretion — exceptional circumstances required to grant relief for late filing. Court's duty under Rule 2 to pursue substantive justice does not permit overriding mandatory procedural requirements without sufficient justification
16 December 2015
Failure by the appellant to file required written submissions under Rule 106(1) rendered the appeal unmaintainable and struck out.
Appellate practice
— Court of Appeal Rules — Failure to file written submissions — Effect on maintainability — Rule 106(1)
— Extension of time — Discretionary grant — Rule 2 (substantive justice) cannot override mandatory filing requirement — Rule 106(9)/(19)
16 December 2015
Failure to file mandatory written submissions under Rule 106(1) renders an appeal unmaintainable and liable to be struck out.
Civil procedure
— Court of appeal procedure
— Discretion under Rule 106(9) and (19) — extension of time
16 December 2015
Failure to file required written submissions under rule 106(1) renders an appeal not maintainable absent exceptional circumstances.
Civil procedure
— Court’s discretion — Rules 106(9) & (19) and Rule 2: exceptional circumstances required to extend time
— Rule 106(1) (written submissions) — Non‑compliance and dismissal under Rule 106(9) — Rules 106(9) & (19) and Rule 2: exceptional circumstances required to extend time
16 December 2015
Trial court erred by proceeding without medical report and statutory findings required under section 220 CPA.
Criminal procedure — detention for medical examination — Revision
16 December 2015
Proceeding with a preliminary hearing without admitting or acting on a mental hospital report breached section 220 and warranted revision.
Criminal procedure — Insanity inquiries — preliminary hearing — Revision — quash and remit
16 December 2015
Proceeding with a preliminary hearing without admitting a required medical report under s.220 warranted quashing and remittal.
Criminal law — Appellate Jurisdiction Act, s.4(3)
— irregularity in proceeding with preliminary hearing without medical report
— revisional powers to quash and remit where statutory procedures not followed
Criminal law — Criminal procedure act, s.220(1),(3),(4) — detention for medical examination
16 December 2015
Sickness and counsel’s other commitments may be good cause for delay but do not justify waiving Rule 106(1); applicants must seek an extension.
Civil procedure
— Application to supplement record of appeal — inclusion of lower court judgment and exhibits
— extension of time — good cause
— Rule 2 — duty to achieve substantial justice
— Rule 63(2) — proceeding in absence of respondents' counsel
16 December 2015
Court: counsel’s illness/overcommitment may justify extension but not waiver of written submissions requirement.
Civil procedure — Court of Appeal Rules, r.106(1) & (19)
— amendment/supplement of record of appeal
— illness/overcommitment of counsel as good cause for extension but not as exceptional circumstances to waive filing
Civil procedure — r.63(2) — determination in absence of respondent's counsel
16 December 2015
Deponent competent under Rule 49(1), but failure to provide mandatory security under Rule 11(2)(d)(iii) defeats stay application.
Civil procedure — Court of Appeal — Stay of execution
16 December 2015
Applicant failed to show good cause for extension to serve Notice of Appeal; application dismissed with costs.
Civil procedure — Extension of time to appeal — Good cause — Service requirements under r.84(1)
16 December 2015
Extension of time to seek review refused for unexplained long delay, lack of good cause and no arguable grounds.
Criminal procedure — Extension of time to apply for review
16 December 2015
Long unexplained delay and absence of Rule 66(1) grounds warranted dismissal of extension to file review.
Civil procedure
— Review of Court of Appeal judgment — application under Rule 66(1) — Mere dissatisfaction or unsubstantiated constitutional complaint not sufficient
— review and extension of time — Whether applicant adduced sufficient cause for extension — Factors: length of delay, reasons, arguable case and prejudice
16 December 2015
Long unexplained delay and absence of Rule 66(1) grounds justify dismissal of extension to seek review.
Civil procedure
— extension of time — Application for review — Requirement to show good cause under Rule 10, considering length of delay, reasons, arguable case and prejudice
— review and extension of time — Grounds of review — Need to plead one or more grounds under Rule 66(1), mere dissatisfaction or constitutional complaint insufficient
16 December 2015
Appellant’s possession of deceased’s motorcycle shortly after murder upheld doctrine of recent possession; conviction and sentence affirmed.
Criminal law — Circumstantial evidence
— conviction sustainable only where evidence excludes reasonable hypothesis of innocence
— doctrine of recent possession
— retracted extra‑judicial statement may be relied upon if corroborated
15 December 2015
Whether the respondents were liable to pay the appellant's hotel charges for guests they requested accommodated.
Contract law — Formation — Liability to pay where guests are accommodated at a respondent's request
Evidence
— Alleged part-payment — Sufficiency of proof linking third-party deposits to services rendered by a non‑party
— Contract evidence — Weight of unchallenged witness testimony establishing undertaking to pay
14 December 2015
Whether the 21‑day filing period under Rule 72(1) runs from service of proceedings or from service/certification of the record of appeal.
Civil procedure
— Appeal time limits — obligation to file record/memorandum of appeal
— Preliminary objection on point of law — Use of extraneous documents (Dispatch Book) — Court will not rely on materials outside the record on a preliminary objection
— Record of appeal — Registrar's supply of proceedings does not commence Rule 72(1) time
14 December 2015
Whether the appeal was time-barred where the memorandum was filed before service of the certified record of appeal.
Civil procedure — Court of Appeal Rules, 2009
— premature memorandum of appeal struck out
— Registrar’s letter supplying proceedings not equivalent to service of record
— Rule 72(1): commencement of 21-day period upon service of the certified record of appeal
14 December 2015
Inadequate summing up to assessors and exclusion of their participation rendered the trial a nullity; retrial ordered.
Criminal procedure — trials with assessors
— assessors' participation and right to question witnesses
— Requirement of adequate summing up to assessors
— retrial ordered
14 December 2015
Inadequate summing up and insufficient involvement of assessors rendered the High Court trial a nullity; conviction quashed and retrial ordered.
Criminal procedure — trials with assessors — Duty to sum up adequately to assessors (summary of facts, evidence, law, and defence) — Assessors’ participation, including questioning witnesses — Conviction quashed and retrial ordered
14 December 2015
14 December 2015
14 December 2015
Applicant failed to show a point of law; concurrent factual findings on witness credibility precluded appeal.
Appellate practice — Leave to appeal — Arguable points of law deserving Court of Appeal consideration
Evidence — Witness credibility — Findings of trial court binding unless cogent reasons exist to reassess
11 December 2015
11 December 2015
Revocation without notice to show cause is void; alternative land allocation may be ordered rather than reinstatement.
Land law — Revocation of lease — procedural fairness and natural justice — right to be heard/notice to show cause
Administrative law — Decision-making by public authorities — Failure to follow statutory steps renders revocation void
Civil procedure — Pleadings and reliefs — court cannot grant relief not pleaded
11 December 2015
Revocation of lease was void for denial of hearing; alternative plot ordered, monetary award quashed for lack of evidence.
Land law
— Compensation — requirement of evidential basis
— Remedy — alternative land allocation versus setting aside subsequent allocation
— Revocation of lease — procedural fairness and natural justice — right to be heard/notice to show cause — invalidity of administrative revocation
11 December 2015
Failure to inform an accused of statutory defence rights and omission to enter a formal conviction render proceedings invalid.
Civil procedure — Formal requirements of judgment
Civil procedure — Remedies
— Quash and set aside defective proceedings
— remit to trial court for compliant judgment
— retrial only in interests of justice
Criminal law — Sentencing limits — Subordinate courts’ maximum custody term — Illegal sentence exceeding statutory limit
Criminal procedure — Accused’s rights — Duty to explain right to give evidence, call witnesses and produce exhibits — Failure amounts to breach of fair trial
11 December 2015
Wrong statutory citation rendered the respondent's High Court application for certiorari incompetent and the proceedings null.
Administrative law — Judicial review — certiorari — Wrong or inapplicable citation renders application incompetent and proceedings a nullity
11 December 2015
Wrong statutory citation in a certiorari application rendered the High Court proceedings and order null and void.
Civil procedure — Competence of application — wrong citation of statute or invocation of non‑enabling provisions renders an application incompetent and deprives the court of jurisdiction to grant the relief
Judicial review — Certiorari — Requirement to cite correct statutory provision to properly move the court
11 December 2015
High Court lacked pecuniary jurisdiction where substantive special damages fell within magistrates' monetary limits.
Civil procedure — jurisdiction — Pecuniary jurisdiction determined by substantive (special) damages, not general damages
11 December 2015
High Court lacked pecuniary jurisdiction because the substantive special damages claim fell within magistrates' court monetary limits.
Civil procedure — Civil procedure code s.13 — suit to be instituted in the court of lowest grade competent to try it
Criminal law — Magistrates' courts act s.40(2)(b) — district/resident magistrate court monetary limits (Tshs.10,000,000)
Jurisdiction — High Court pecuniary jurisdiction — subject to other written laws. Pecuniary jurisdiction determined by substantive claim (special damages), not general damages
11 December 2015
Conviction without statutory change of plea is void; proceedings quashed and retrial ordered from point of PW1’s completed evidence.
Civil procedure — remedy
— order retrial from point of defect
— quash conviction and sentence
Criminal procedure — Change of plea — Where accused initially pleads not guilty, a later admission requires compliance with — CPA before conviction. Failure to record statutory change of plea vitiates conviction and cannot be cured under s.388 CPA
11 December 2015
Conviction based on an unrecorded change from not guilty to guilty is a nullity; retrial ordered.
Criminal procedure — Change of plea
— conviction entered without formally recording change from not guilty to guilty is a nullity
— Criminal procedure
— procedural irregularity incurable
— retrial ordered
11 December 2015
Oral or prison-assisted notice of intention to appeal suffices; summary rejection for 'want of notice' was improperly made.
Criminal procedure — Extension of time — notice of intention to appeal
11 December 2015
Summary rejection for want of written notice was erroneous where oral/prison notice had been given; appeal restored.
Appellate practice — Appellate jurisdiction — Revision
Criminal procedure — Notice of Intention to Appeal
Criminal procedure — Summary rejection of appeal
— exceptional power to be exercised sparingly
— natural justice considerations
11 December 2015
A defective or unserved notice of appeal renders the appellant's appeal incompetent and is struck out with costs.
Appellate practice — Appeal procedure — notice of appeal
Appellate practice — Multiple notices
— Defective or unserved notice renders appeal incompetent
— only one valid and served notice required
11 December 2015
A notice of appeal not complying with Form D and lacking proof of service renders the appeal incompetent and is struck out.
Civil procedure — Appeal
— Notice of appeal — Form D
— Service and proof of service
11 December 2015