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Citation
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Judgment date
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| July 2019 |
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Alleged illegality must be apparent on the record to justify extension of time to appeal.
Civil procedure – Extension of time under Rule 10 – good cause requires demonstration of delay, reasons and prejudice – illegality as ground for extension must be apparent on the face of the record (Lyamuya principle).
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30 July 2019 |
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An allegation of illegality must be clearly specified and apparent on the record to justify extension of time.
Extension of time — Rule 10 Court of Appeal Rules — alleged illegality as good cause — illegality must be clearly specified and apparent on the face of the record — failure to demonstrate illegality — dismissal with costs.
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30 July 2019 |
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Filing a notice of appeal against a miscellaneous stay order does not automatically oust the High Court's jurisdiction over a separate main suit.
Appellate jurisdiction – notice of appeal – whether filing a notice of appeal in a miscellaneous application to stay proceedings for arbitration ousts the High Court's jurisdiction over the related main suit – interpretation of "civil proceedings" in section 5(1) Appellate Jurisdiction Act – requirement that notice of appeal specify the proceedings appealed from.
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30 July 2019 |
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Whether unlawful possession under the Forest Act covers imported timber and whether respondents accounted for possession.
Criminal law – Forest Act s.88 and G.N. No.153/2004 Regs.10 & 57 – scope includes imported forest produce; literal construction applied. Evidence – use of past import certificates, transit passes and dealer registration as corroboration of practice and to account for possession. Criminal procedure – omission to cite a regulation that creates no offence does not necessarily create fatal variance. Witness evidence – contradictions must be assessed in context; opposing-party witnesses’ differing accounts are not technical contradictions.
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29 July 2019 |
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Conviction upheld: PF3 expunged but victim's credible, corroborated evidence sustained the conviction.
Criminal law – Unnatural offence involving a child; defective charge — non-fatal inclusion of incorrect subsection; evidence — credibility of child complainant and corroboration; trial procedure — calling witness after defence (s195 CPA); right to cross-examine maker of PF3 (s240(3) CPA) — failure requires expungement; scope of second appeal (rule 72(2)).
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26 July 2019 |
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Alleged fraud and delay did not amount to good cause for extension of time to seek revision; application dismissed with costs.
Civil procedure – extension of time – Rule 10 Court of Appeal Rules – applicant must account for each day of delay and show diligence (Lyamuya guidelines). Illegality as ground for extension – illegality must be apparent on the face of the record to justify extension. Allegations of fraud against advocate – serious allegations require supporting evidence or disciplinary steps; not determinable in extension application. Perusal of court file and possession of drawn order – possession of documents defeats claim of inability to act.
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25 July 2019 |
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Defective charge and trial irregularities led appellate court to quash convictions and order immediate release.
Criminal procedure — defective particulars — failure to link violence to theft in armed robbery charge — defect not curable under s.388 CPA; Failure to enter conviction — breach of s.235 CPA — remedy depends on case facts; Appellate revisional powers — s.4(2) AJA — nullification and quashing of proceedings; Trial evaluation of defence — error to form conclusion before assessing defence.
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25 July 2019 |
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A robbery charge omitting the person targeted is incurably defective, nullifying convictions and precluding retrial.
Criminal procedure — Charge particulars — Robbery — Particulars must disclose the essential ingredient of violence or threat and the person targeted; omission renders the charge incurably defective and occasions failure of justice; proceedings nullified; retrial inappropriate where no valid charge exists (section 4(2) AJA; section 388(1) CPA).
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25 July 2019 |
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A conviction based on a charge citing non-existent provisions was declared a nullity; conviction quashed and appellant released.
Criminal procedure — Charge sheet — Incorrect or non-existent statutory citations — incurable defect — prejudice to accused — s.388 CPA inapplicable — trial nullity — revisional powers — conviction quashed — retrial inappropriate.
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25 July 2019 |
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Stay of execution granted pending appeal where rule 11(7) complied and an undertaking to provide security sufficed.
Civil procedure – Stay of execution – Rule 11(7) TCR – compliance by filing notice of appeal, judgment, decree and notice of execution within 14 days. Appeals – Leave to appeal – absence of requirement to show leave obtained in stay application under rule 11(7). Security for stay – firm undertaking to furnish security is sufficient; Court to give directives where appropriate. Matrimonial proceedings – division of matrimonial assets – conditional stay and surrender of registration documents.
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19 July 2019 |
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Stay of execution granted pending appeal where Rule 11(7) complied with; undertaking and surrender of registration documents required.
Court of Appeal Rules – Rule 11(7) – Stay of execution pending appeal – compliance with cumulative requirements – undertaking to furnish security – matrimonial property – surrender of registration documents as condition of stay.
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19 July 2019 |
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Extension of time granted where alleged irregularities raised an arguable illegality despite a long delay; fraud claims not resolved here.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules — application of Lyamuya test: account for delay, avoid inordinate delay, show diligence, point of law/illegality. Illegality apparent on face of record can justify extension even if delay not fully explained. Right to be heard — cannot be asserted by non-party to original proceedings. Allegations of fraud are serious and require proof, not resolved on extension application.
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19 July 2019 |
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Extension of time granted to seek revision where alleged illegality and undisputed property interest justified delay.
Civil procedure – Extension of time under Rule 10 – Application of Lyamuya factors (account for delay, length, diligence, point of law/illegality). Illegality in impugned decision – can constitute good cause where apparent on the face of the record; fraud allegations require proof and are not decided on extension applications. Summary procedure – non-party cannot successfully claim denial of hearing in those proceedings at extension stage. Discretionary relief – balancing delay against pursuit of remedies and undisputed interest in property.
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19 July 2019 |
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Failure to join the applicant and to afford a hearing voided the High Court land orders and required a retrial.
Land law — necessary parties and joinder (Order 1 Rule 10(2)); non-joinder as material irregularity; principles of natural justice and Article 13(6)(a); setting aside judgment and remitting for fresh hearing.
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18 July 2019 |
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Board's disciplinary decision communicated by management constituted a valid dismissal; acting HR's letter was only formal notification.
Labour law – unfair dismissal – proper authority to terminate – Board decision communicated by management; Administrative law – authentication provisions (Paragraph 9, First Schedule, Ports Act) apply to execution of instruments/contracts, not internal dismissal notifications; Evidence – oral notification by Board sufficient to establish Board-made decision.
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18 July 2019 |
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Conviction quashed due to expunged PF3s, defective exhibit identification/chain of custody, and failure to consider defence.
Criminal law – armed robbery – proof by recent possession – requirement of proper identification and chain of custody for exhibits (s.38(3) CPA). Evidence – medical examination reports (PF3) – requirement to read contents and right to call medical officer (s.240(3) CPA) – non-compliance leads to expunging. Criminal procedure – defects in charge sheet – curable under s.388(1) CPA if no prejudice. Criminal procedure – trial judge must consider defence evidence; failure to do so vitiates conviction.
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18 July 2019 |
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An applicant must account for each day of delay and disclose Rule 66(1) grounds in the motion and affidavit to obtain extension for review.
Criminal procedure – Extension of time to apply for review – Applicant must show good cause under Rule 10 and establish Rule 66(1) grounds by affidavit. Delay – Applicant must account for each day of delay; transfers between prisons not automatic justification. Procedure – Grounds for review must be set out in the notice of motion and affidavit; oral afterthoughts insufficient.
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18 July 2019 |
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Applicant failed to show good cause for delay to apply for review; extension refused and application dismissed.
Criminal procedure — Extension of time to apply for review — Requirement to show good cause and account for delay — Need for documentary or corroborative evidence to support claimed cause (e.g., death) — Delay caused by applicant’s inaction — Application dismissed.
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18 July 2019 |
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Stay of execution granted pending appeal where applicant showed good cause, timely filing and undertook to provide security.
Court of Appeal — stay of execution pending appeal; Rule 11(3) and 11(5) Tanzania Court of Appeal Rules — good cause; substantial loss; delay; security; undertaking to furnish security sufficient; conditional stay on bank guarantee.
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18 July 2019 |
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Second appeal: unraised grounds struck out, uncounselled cautioned statement expunged, conviction sustained, sentences reduced and ordered concurrent.
Criminal appeal — second appeal — new grounds not raised in first appeal struck out; cautioned statement admitted but not read to accused — must be expunged; identification and recovery of stolen property as proof of guilt; appellate reduction of excessive sentence for first offender.
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17 July 2019 |
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Second‑bite extension of time refused for failure to account for multi‑year delay; clerical heading error not fatal.
Civil procedure – extension of time – Rule 10 Court of Appeal Rules – applicant must account for every day of delay; discretion exercised judiciously. Appellate practice – second‑bite applications – treated as fresh applications; applicant may raise new grounds but must state sufficient cause for delay. Procedure – preliminary objection – mis‑heading of Notice of Motion as an "appeal" is a clerical error and not fatal to competence. Omnibus objection – High Court may raise competence suo motu but parties must advance grounds addressing delay in a fresh application.
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15 July 2019 |
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Failure to serve the notice and supporting affidavit under Rule 55(1) renders the application incompetent and it was struck out with costs.
Court of Appeal — extension of time — procedural requirements for applications — Rule 48(1) and 48(3) (informal applications in the course of hearing); Rule 55(1) (service of notice and affidavit) — non‑compliance fatal; Rule 10 — cannot be invoked by oral submissions to prove facts; affidavit evidence required — statements from counsel are not evidence; application struck out with costs.
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10 July 2019 |
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Beneficiaries with prior involvement have standing to be joined as respondents; preliminary objections require Rule 107(1) notice and reply affidavit.
Joinder/intervention – beneficiaries of estate – standing and interest to protect estate rights; Civil procedure – preliminary objections – Rule 107(1) three days' notice; affidavit in reply – absence leaves founding affidavit uncontroverted; right to be heard – lateness not necessarily fatal.
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7 July 2019 |
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Inadequate summing up to assessors on circumstantial evidence and possible defence vitiated the trial; proceedings quashed and retrial ordered.
Criminal procedure – Duty of trial judge sitting with assessors to adequately sum up on law and salient facts; direction on circumstantial evidence and possible defences required. Circumstantial evidence – need to explain how indirect evidence can irresistibly link accused to offence. Chain of custody/forensic testing – raised but not finally determinative on appeal. Failure to call material witness – ground raised but inadequacy of summing up vitiated proceedings. Revisional jurisdiction – quashing and ordering retrial where trial marred by material non‑directions.
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4 July 2019 |
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Prosecution failed to prove principal–agent relationship; no prima facie case for corruption; appeal dismissed and money returned to PCCB.
Corruption offences – requirement to prove principal–agent relationship; criminal procedure – no case to answer under s.230 CPA; prima facie test (Ramanlal); cautioned statement not necessarily a confession; disposal of exhibits (s.353 CPA).
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4 July 2019 |
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Failure to formally convict after finding guilt invalidates subsequent sentencing and appellate proceedings; remittal for conviction ordered.
Criminal procedure – requirement to convict after a finding of guilt – failure to convict renders mitigation, sentence and subsequent appellate proceedings invalid – revisional powers under s.4(2) AJA – remedial nullification and remittal for conviction and sentence.
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4 July 2019 |
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Reference against single-Justice ruling struck out as time-barred for failure to comply with Rule 62(1)'s seven-day limit.
Civil procedure – Reference against decision of single Justice – Rule 62(1) Court of Appeal Rules, 2009 – Seven-day time limit – Late reference liable to be struck out.
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4 July 2019 |
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Software licence fees are royalties and services delivered to a Tanzanian resident have Tanzanian source for withholding tax purposes.
Tax law – Software licence agreements – Characterisation as lease/license; Royalty definition – licence fees for use of copyrighted software; Source of income/payments – services delivered/transmitted to resident constitute Tanzanian source under s.69(i)(i); Withholding tax liability – application of s.83(1)(b); Precedent – follows Tullow, distinguishes Pan African Energy.
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1 July 2019 |
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Licence fees for foreign software are royalties and services supplied to a Tanzanian payer have Tanzanian source for withholding tax.
Tax — Software licence — Characterisation of Software Licence Agreement as lease/licence versus purchase; Payments as 'royalty' under s.3 Income Tax Act 2004; Source of income/payment — services supplied to a Tanzanian payer constitute Tanzanian source under s.69(i)(i); Withholding tax liability under s.83(1)(b).
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1 July 2019 |
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Court affirms factual notice of rent increase but sets aside unpleaded damages, substituting pleaded rent arrears.
Tenancy law – rent increase – no statutory mode (written/oral) required absent contractual provision – notice a question of fact. Evidence – concurrent findings of fact by trial and first appellate court not to be disturbed on second appeal absent misapprehension or miscarriage of justice. Civil procedure and pleadings – specific damages must be specifically pleaded and strictly proved; courts cannot award sums not pleaded or proved. Set-off – payments for renovations or to third parties do not automatically discharge rent obligations unless pleaded and proved. Relief – appellate power to set aside unpleaded award and substitute the pleaded and proved amount.
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1 July 2019 |