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62 judgments found.
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May 2021
Ignorance of appellate procedure does not amount to good cause for extending time to seek leave to appeal.
Appellate practice — Rule 10 and Rule 45A — Extension of time and certificate of delay
Civil procedure
— Extension of time to appeal — Principles on extension of time — Ignorance of appellate procedure not good cause
— Uncontested application — Failure to file counter affidavit does not entitle applicant to automatic relief
31 May 2021
A notice of intention to appeal valid when filed should be amended to meet later-prescribed form, not dismissed.
Civil procedure — remedy — defective notice should be amended to conform with settled procedure rather than dismissal or striking out where justice so requires
Criminal procedure — Notice of Intention to Appeal
31 May 2021
Second count expunged for defective particulars; possession proved only against the occupant whose premises yielded the trophies.
Wildlife offences
— Appellate jurisdiction — new grounds not raised in High Court cannot be entertained on second appeal
— Seizure and possession — certificate of seizure and oral evidence can establish possession
— Wildlife conservation act — particulars of offence
28 May 2021
Victim's child evidence taken contrary to s.127(2) was expunged; remaining evidence insufficient, convictions quashed.
Evidence
— Appeal — second appeal cannot raise issues not argued in first appeal unless point of law
— Child witness
— Medical evidence — improperly admitted medical report expunged
27 May 2021
The applicant's conviction for statutory rape was upheld based on the child victim's credible uncorroborated evidence.
Criminal law — sexual offences against a child — Statutory rape — Child‑victim evidence under s.127(6) Evidence Act: uncorroborated but credible testimony may sustain conviction
Evidence
— Evidence act, s.127 — competence and promise to tell the truth for child witnesses — Typographical errors in the record not fatal where substance shows compliance with s.127(2)
— PF3/medical report admitted but not read aloud — Failure to read medical exhibit in court requires expungement — Expungement may not affect safety of conviction where other credible evidence exists
26 May 2021
Failure to produce the alleged bribe money quashed the corruption conviction; trophy possession conviction upheld but sentence reduced.
Wildlife offences
— Corruption — attempted bribery not proved where alleged cash not produced
— Sentence — reduction for first offenders
— Unlawful possession of government trophies — admissibility and identification of exhibits
25 May 2021
Reimbursed costs to nonresident service providers constitute service fees and are subject to Tanzanian withholding tax; treaty Article 7 inapplicable.
Administrative law — Administrative guidance — TRA Practice Note on withholding tax as persuasive aid to interpretation
Civil procedure — Statutory interpretation
Tax law — Tax — Withholding tax
25 May 2021
An amended plaint cannot revive time‑barred claims; dismissal under the Law of Limitation Act was proper.
Civil procedure
— Order VII rule 11 — Order VII r.11 CPC (rejection for curable defects) does not displace statutory dismissal for time‑barred suits
— amendment of pleadings — amended plaint overrides original — Amended pleadings supersede and render prior plaint void
Limitation law — Dismissal as time‑barred — Dismissal under s.3(1) Law of Limitation Act as statutory consequence for proceedings instituted after the prescribed period
25 May 2021
Second appeal dismissed: visual identification and recent possession of recovered vehicle upheld as supporting conviction.
Criminal law
— Armed robbery — validity of charge
— Chain of custody
— new factual complaints inadmissible on subsequent appeal
— unique items and recent possession
— Visual identification
— contradictions as to masks immaterial where witness at scene
— Waziri Amani test
21 May 2021
Child witness evidence given without the statutory promise is of no evidential value, undermining the conviction.
Criminal law — identification
20 May 2021
Defective voire dire, translation and lack of corroboration of unsworn child evidence led to quashing the conviction.
Civil procedure — Procedure
— defects may render evidence inadmissible
— translation and accurate recording of child witness evidence essential
Criminal law — Sexual offences involving children — sufficient intelligence and duty to tell the truth
19 May 2021
The appellant's appeal was struck out as incompetent because the statutory right to appeal orders no longer subsists.
Appellate jurisdiction; limitation of DPP's right of appeal under section 6(2) AJA; interlocutory versus final orders; effect of constitutional ruling (Steven Gwaza) on DPP appeals; notice of appeal does not operate as automatic stay; stay must be sought under Court of Appeal Rules (Rule 11(3)).
19 May 2021
An unsigned, unregistered voluntary agreement was unenforceable; signed undertakings and payments barred appellants' claims.
Employment law — terminal benefits — Enforceability of unsigned voluntary agreement — Meeting of minds and registration
Natural justice — Right to be heard — court cannot decide new issues suo motu without reopening proceedings — Whether issue was raised in pleadings/evidence
19 May 2021
Circumstantial evidence failed to exclude reasonable hypotheses of innocence; conviction quashed and appellant acquitted.
Criminal law — Circumstantial evidence — Whether circumstantial evidence excluded reasonable doubt
Criminal procedure — Admissibility of exhibits — post‑mortem report improperly admitted when tendered from the bar
Evidence — Credibility assessment — Contradictions in witness testimony and investigative omissions may undermine conviction
19 May 2021
A legal representative cannot be substituted as administrator of another estate; wrongful substitution warranted quashing and rehearing.
18 May 2021
Expiry of an assigned speed track does not alone justify striking out a suit; court must protect parties’ substantive rights.
Civil procedure — Order VIIIA CPC — Scheduling (speed track) orders
— court should consider interests of justice, amend scheduling order or impose costs
— Lapse of speed track does not automatically justify striking out a suit
18 May 2021
The applicant failed to prove related‑party interest was at arm's length; appeal dismissed with costs.
Tax law — related‑party transactions — arm's‑length principle — taxpayer's burden to prove deductibility
18 May 2021
A time‑barred labour complaint must be dismissed under the Limitation Act; labour courts cannot use equity to permit refiling.
Labour law — limitation periods
17 May 2021
Review dismissed: substitution of grounds by assigned counsel lawful and no error apparent on the face of the record.
Civil procedure — Distinction between review and appeal — review cannot be used to re‑open matters fully considered on appeal
Criminal law — Criminal appeals — Substitution of grounds by assigned counsel
Criminal procedure — Review jurisdiction — Error apparent on the face of the record — manifest, obvious mistake required for review
17 May 2021
Appellant’s conviction quashed for unsafe visual identification and absence of identification parade.
Criminal law
— Identification parade — dock identification valueless without parade
— Visual identification — Conditions for safe identification — Sufficiency and reliability of identification evidence
12 May 2021
A withdrawal notice without all parties' consent results in dismissal with costs under Rule 102, not striking out.
Civil procedure — Court of Appeal — withdrawal of appeal
12 May 2021
Child's testimony lacked the statutory promise to tell the truth; conviction quashed for insufficient admissible evidence.
Evidence
— Evidence act, s.127(2)
— failure renders testimony inadmissible. • Competence of child witnesses — evidence recorded without oath/affirmation is of no value absent corroboration. • Appellate scope — Court will not entertain grounds not raised in lower court
12 May 2021
A conviction was quashed due to improperly admitted witnesses, deficient assessor involvement and procedural irregularities; no retrial ordered.
Appellate practice
— Retrial — not ordered where it would permit prosecution to cure prior defects and fill evidential gaps
— Retrial discretionary
Criminal law
— Cautioned statements — time limits apply to police cautioned statements
— Trials with assessors — appointment, opportunity to object, explanation of role and adequacy of summing up — Failure fatal and vitiates trial
Criminal procedure — admissibility of witnesses not listed at committal — compliance with section 289 CPA — evidence expunged
12 May 2021
Inadequate summing up on dying declaration and night-time visual identification vitiated the trial; convictions quashed and sentences set aside.
Criminal law
— burden of proof — accused not obliged to prove innocence
— Evidence — dying declaration admissibility and committal reading requirement
— identification evidence — reliability of night-time visual ID and need for corroboration
— Retrial — when retrial should be refused due to tainted or insufficient evidence
— Summing up to assessors — duty to direct on legal issues such as dying declarations and visual identification
12 May 2021
Conviction quashed where prosecution failed to prove stealing; PF3 expunged and identification accepted as recognition.
Criminal law
— identification evidence — Reliability and sufficiency of eyewitness identification
— medical evidence — PF3 may be expunged if not read aloud
— property offences — Armed robbery and grievous harm — Stealing is an essential element and must be proved beyond reasonable doubt
11 May 2021
A cause adjudged time-barred by a court cannot be revived by refiling and pleading continuing breach under section 7.
Limitation law — Law of Limitation Act s.7 — continuing breach does not revive a cause already adjudged time-barred
Limitation law — Res judicata
Limitation law — substance over form
— finality of limitation rulings
— striking out versus dismissal
10 May 2021
A defective Certificate of Delay that fails to identify the impugned decision renders an appeal time‑barred absent a rectification application.
Appellate practice
— Certificate of delay — Whether a Certificate of Delay must identify the decision and period to be excluded under Rule 90(1) of the Tanzania Court of Appeal Rules
— Overriding Objective Principle (s.3A/3B AJA) — Not applicable to cure failure to comply with mandatory procedural requirements going to foundation of appeal
7 May 2021
Review dismissed: alleged manifest error and discrepancies were non‑reviewable or correctable clerical errors.
Civil procedure
— Contradictory judgment and order — Rectification of judgments and orders — Error apparent on the face of the record
— Review — Grounds for review limited to apparent error on the face of the record, fraud, denial of hearing or lack of jurisdiction — Rule 66(1) of the Court of Appeal Rules
Land law — proof of title — certificate of title prima facie/conclusive evidence of ownership unless rebutted by proof of prior interest, possession or unlawful procurement
7 May 2021
Clarificatory questions by assessors do not vitiate proceedings; fatal stabbing during a fight amounted to manslaughter, not murder.
Civil procedure — Procedure — prejudice required to invalidate proceedings where assessors question witnesses
Criminal law
— Murder — death occurring in the course of a fight is manslaughter absent malice aforethought
— Role of assessors
7 May 2021
A defective certificate of delay may render an appeal time-barred, but court can allow rectification under the overriding objective.
Civil procedure
— Certificate of delay
— Overriding objective (s.3A AJA and rule 2) — court may permit rectification of defective certificate to advance substantive justice
7 May 2021
Failure to take plea on an amended count renders trial a nullity; retrial denied in the interest of justice.
Criminal procedure
— Arraignment and plea
— retrial discretionary — interest of justice governs re-trial orders
7 May 2021
High Court lacked power to revise pre-committal proceedings or order bail/dismissal for unbailable terrorism offences.
Criminal procedure — High Court revision
— limits
— pre-committal matters not revisable
— subordinate/committal courts lack jurisdiction to grant bail or dismiss charges triable only by the High Court
7 May 2021
An action brought in the name of an unincorporated trust by an unauthorized person renders proceedings a nullity.
Trust law
— Authority of representatives — persons authorised to sue for a body corporate
— locus standi — who may institute proceedings for a registered trustees' body
— Procedural defect — misnomer/unauthorised institution of suit may render proceedings a nullity
— Trustees' incorporation act — corporate status
7 May 2021
Court grants extension of time after finding High Court erred in dismissing unchallenged affidavit explaining delay.
Appellate practice — Appellate jurisdiction — Court may retain record and exercise revisional jurisdiction to rectify procedural injustice
Civil procedure — Competence
— proper remedy is fresh application under Court Rules (second bite)
— refusal of extension: appeal to Court of Appeal is generally incompetent
Criminal procedure — Extension of time
Evidence — uncontroverted affidavit — failure of respondent to file counter-affidavit means the applicant's averments stand and may constitute sufficient cause
7 May 2021
Court of Appeal lacks jurisdiction to entertain second‑bite leave application where High Court refused leave under pre‑2018 law.
Land law — leave to appeal — Exclusivity of High Court jurisdiction under pre‑2018 — Second‑bite applications — Remedy: extension of time under section 11 Appellate Jurisdiction Act
7 May 2021
A court may not decide a new substantive issue in judgment without affording the parties an opportunity to be heard.
Civil procedure
— Constitutional and procedural law — Right to be heard — natural justice — a trial court may not raise and decide a new substantive issue in judgment without re-summoning parties to be heard
— remedy — setting aside judgment and remitting matter for hearing where parties were not afforded opportunity to address a court-raised issue
7 May 2021
Obvious illegality is required for extension of time; requesting audited accounts did not deny the appellant a hearing.
Tax law
— determination of objections — request for further evidence — Request for audited financial statements as opportunity to be heard
— extension of time — Whether apparent illegality (denial of hearing) justifies extension of time — Tax Administration Act s.52
7 May 2021
7 May 2021
A court must join the land-allocating authority where title validity and railway-reserve inclusion are necessary to adjudicate a land dispute.
Civil procedure — Joinder of necessary parties
7 May 2021
A High Court ruling granting relief not sought by the applicant was set aside and remitted for fresh determination.
Revision; High Court granted relief not prayed for; slip rule (clerical correction) inapplicable to substantive misdirection; revisional powers under s.4(3) AJA; respondent without affidavit limited to points of law.
7 May 2021
Appellant’s appeal dismissed: age and child evidence were adequately proved, voir dire irregularity cured by corroboration, date variance not prejudicial.
Criminal law — Rape
— Proof of age may be by medical evidence and PF3
— variance between charge and evidence is curable if not prejudicial
— voire dire irregularity when receiving child evidence does not automatically invalidate testimony but calls for corroboration
6 May 2021
Employer failed to prove valid reason and fair procedure for termination; appeal dismissed and award upheld.
Labour law — unfair termination — employer’s burden — procedural fairness
6 May 2021
Court dismissed appeal: currency dispute was a factual issue barred from reconsideration on appeal under section 25(2) TRAA.
Appellate practice — Appeal procedure — introduction of new issues at appellate stage — impermissible to raise fresh factual matters not argued or decided below
Tax law
— Tax appeals — scope of appeal
— Taxation — Withholding tax — determination of currency of payments — factual question to be resolved by tribunal from contract terms and financial statements
6 May 2021
Prosecution under a repealed arms statute vitiates conviction and warrants release rather than retrial.
Criminal law — Repeal of statute — Charging — Effect of repeal on prosecution
Criminal procedure
— Retrial — When retrial is inappropriate (Fatehali Manji) — Retrial may be declined where it would amount to persecution and accused has served substantial part of sentence
— nullity of proceedings — Nullity of appellate proceedings emanating from a nullity
6 May 2021
Defects in the record of appeal (judgment, decree, certificate) are curable; appellant granted 45 days to rectify.
Civil procedure — defective certificate of delay — curability — supplementary record of appeal. • Appellate practice — defective certificate of delay invalid but rectifiable (Katibhai Patel)
Civil procedure — Record of appeal
— defective judgment caption
— omission in decree
5 May 2021
Review dismissed: review cannot re‑open appeal issues; alleged section 130 Evidence Act error not manifest on record.
Criminal procedure — Review jurisdiction
— finality of litigation
— Manifest error on the face of the record
5 May 2021
Documents admitted at preliminary hearing did not vitiate trial; provocation and intoxication failed to reduce murder to manslaughter.
Criminal procedure — assessors’ rights — summing up sufficient to explain admitted statements
Criminal procedure — Preliminary hearing — documents admitted deemed proved
Criminal procedure — Substantive law
— malice aforethought established by weapon, wounds and conduct
— murder
— provocation and intoxication defences
5 May 2021
Improper search and unreliable witness evidence undermined prosecution; committal omission was held not fatal.
Criminal law — committal proceedings — Compliance with Rule 8(3) GN No.267/2016 — Omission to record accused's response not fatal in context
Criminal procedure — Compliance with s.38(3) CPA and certificate of seizure — local witnesses' signatures/testimony validate seizure — Authenticity and admissibility of Police Form No.91 (certificate of seizure)
Evidence — Non‑calling of alleged witnesses — Adverse inference where prosecution fails to call available witnesses — Non‑summoning of independent witnesses and problematic signatures on seizure certificate
5 May 2021
Conviction quashed where retracted confessions were improperly admitted and remaining evidence failed to prove armed robbery.
Criminal law
— admissibility of cautioned and extra-judicial statements — duty to inquire into voluntariness and to read statement to accused
— Armed robbery: elements (theft, weapon, violence) — Necessity to prove theft and ownership
— confession and corroboration — Whether confession of co‑accused requires corroboration under s 33(2) Evidence Act
5 May 2021
Victim's detailed testimony and medical evidence sustained convictions; Court increased sentences to statutory minima.
Criminal law
— sentencing — Mandatory minimum sentence — Illegality of reduced sentences and appellate correction under AJA s 4(2)
— sexual offences against a child — Rape and unnatural offence — Victim testimony and medical corroboration
Evidence — credibility of interested witnesses — interest may render testimony unreliable
4 May 2021