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Citation
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Judgment date
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| May 2022 |
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Appellant's registered road signs reproduced and sold in respondent's training book without consent — copyright infringement; Tshs 50,000,000 awarded.
Copyright — registration and protection of literary/artistic works; reproduction, distribution and sale as infringement of economic and moral rights; evidentiary requirement to list and tender relied-on public documents; fair-use/teaching exceptions considered but not established; award of general damages where specific loss not proved.
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30 May 2022 |
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Applicant failed to show good cause or provide acceptable security for stay of execution pending appeal.
Civil procedure — Stay of execution under rule 11(3) — Conditions in rule 11(5)(a) and (b) must be satisfied cumulatively; disputed property cannot be offered as security; third-party titles without ownership/consent are insufficient security; failure to prove substantial or irreparable loss — application dismissed.
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30 May 2022 |
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An appeal to the Tax Board is limited to objection decisions; a demand for tax that is not an objection made the Board’s proceedings a nullity and the appeal incompetent.
Tax law – Appealability – TRAA s.16(1) limits appeals to the Board to objection decisions under the TAA – non-objection demands are not appealable to the Board. Tax Administration – Objection procedure – section 51 TAA and regulations prescribe form and prerequisites for valid objections. Procedural jurisdiction – Proceedings founded on an incompetent appeal are a nullity and can be quashed under revisional jurisdiction. Execution – Whether a demand for tax arising from a Tribunal decree requires an application for execution was considered in context but jurisdictional rules governed outcome.
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30 May 2022 |
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Appellant liable for unpaid purchase price; respondent awarded interest, with post‑filing rate reduced to agreed 8.76% p.a.
Sale of goods – formation of contract by proforma invoices and purchase orders – proof of unpaid balance – burden and standard of proof in civil claims – mercantile practice and entitlement to interest on commercial debts – assessment of witness credibility and documentary evidence (failure to produce account records).
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30 May 2022 |
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Second‑bite application for extension of time dismissed for failing to account for delay and show diligence.
Court of Appeal — extension of time — rule 45A(1)(b) as gateway; substantive discretion under rule 10; requirements for "good cause" — explanation for delay; accounting for each day; diligence; illegality; failure to account for delay warrants refusal.
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25 May 2022 |
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A stay application is incompetent where the mandatory notice of appeal has been struck out; application struck out with no costs.
Civil procedure – Stay of execution – Rule 11(3) (stay on good cause) and rule 11(7) (mandatory documents) – A copy of the notice of appeal is a mandatory prerequisite to a stay application. Competence – Application overtaken by events where the notice of appeal has been struck out. Rule 4(2) – Court declined to invoke rule 4(2) to adjourn or cure absence of mandatory documents; correct procedure is a specific stay pending review application.
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25 May 2022 |
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Stay of execution granted pending appeal subject to bank guarantee of TZS 1,204,042,277.70.
Stay of execution – Rule 11(5) Tanzania Court of Appeal Rules – requirement of substantial loss and security; firm undertaking as sufficient; bank guarantee as acceptable form of security; stay granted pending appeal.
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25 May 2022 |
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Revocation of a right of occupancy is unlawful where respondents fail to prove an operative disposition amounting to good cause.
Land law – Right of occupancy – Revocation under section 10(1) of the (repealed) Land Ordinance – requires proof of good cause. Disposition of right of occupancy – Regulation 3 of the Land Regulations – consent of Commissioner for Lands essential; disposition without consent inoperative. Burden of proof – on party alleging disposition/breach; failure to prove renders revocation unlawful. Sub-division and reallocation following unlawful revocation are invalid.
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25 May 2022 |
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An invalid certificate of delay unsupported by the record renders the appeal time-barred and liable to be struck out.
Civil procedure — Appeal time limits — Rule 90(1) Court of Appeal Rules — Certificate of delay must be free from error and dates borne out of the record; period of exclusion runs to date Registrar wrote notification letter. Supplementary record — leave to file may be granted once; further supplementation refused where futile. Cross-appeal — survives striking out of main appeal. Change of corporate name — may be regularized on record with BRELA certificate.
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24 May 2022 |
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Applicant granted extension to apply for stay of execution based on alleged illegality in High Court proceedings.
Civil Procedure — Extension of time under Rule 10 — Sufficient cause requires accounting for each day of delay and diligence; illegality in challenged decision may constitute sufficient cause; Registrar’s rejection must be in writing and substantiated; applicant must produce rejected documents or proof of communication.
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24 May 2022 |
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Appellant failed to prove good title; respondent declared lawful owner and appeal dismissed with costs.
Land law – ownership and title; burden of proof in civil claims; nemo dat quod non habet; admissibility of public documents (Evidence Act ss.83–84); requirement to plead and prove adverse possession; necessity to call or join essential witnesses; challenge to certificate of title and particulars of fraud.
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24 May 2022 |
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An erroneous certificate of delay unsupported by the record renders an appeal time-barred and incompetent.
Appeal procedure — Certificate of delay — Rule 90(1) and (2) — Certificate must state period excluded from request to date of notification — Material error unsupported by record renders certificate invalid — Time limitation and jurisdiction — Overriding objective cannot cure jurisdictional defects.
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24 May 2022 |
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A binding contract existed by conduct and documents; breach warranted liquidated damages, but the claimed 9.75% interest lacked proof and was set aside.
Commercial law – formation of contract by conduct and documents (proforma invoice and order) – breach for failure to deliver – liquidated damages enforceable when fixed by procurement/tender – interest: court rate 7% applies unless contractual evidence supports higher rate.
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24 May 2022 |
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The Court held the Land Division could probe probate irregularities and dismissed the appellant's appeal with costs.
Land law — jurisdiction of High Court (Land Division) to determine ownership where probate issues arise; Evidence Act ss.43 & 46 — relevance and impeachment of probate orders in civil proceedings; validity of competing letters of administration; onus/burden of proof in civil trials; non-joinder of deceased party.
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24 May 2022 |
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An order refusing a stay for arbitration is appealable, but the appeal was struck out as premature pending resolution of related proceedings.
• Arbitration — order refusing to stay proceedings — appealable under AJA s.5(1)(b)(v). • Appellate procedure — functus officio — requires final disposal of the matter. • Civil procedure — preliminary objection — Mukisa test for points of law. • Judicial discretion — striking out premature appeals to preserve good administration of justice.
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23 May 2022 |
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Trial court’s rectification of judgment while appeal pending was jurisdictionally incompetent and thus a nullity; both courts’ orders quashed.
Jurisdiction – subordinate court lacks jurisdiction to amend/rectify its judgment while an appeal to a superior court is pending; Rectification/Order XLII R.2 and s.96 CPC – trial court’s amendment while appeal pending is void; Nullity – proceedings and resulting orders without jurisdiction are nullities; Revision – High Court cannot validly decide revision arising from nullity; Appellate revisional powers – s.4(2) AJA invoked to nullify, quash and set aside orders.
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20 May 2022 |
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A labour applicant cannot use Court of Appeal revision to re-assess factual findings barred by section 57 LIA.
Labour law – Appeals under section 57 LIA limited to points of law – Revision not an alternative to appeal. Civil procedure – Revisional jurisdiction – scope limited to supervisory review; re-assessment of evidence only where point of law (perverse finding/no evidence) arises. Practice – Applicant cannot circumvent statutory appeal limits by invoking revision; application misconceived and struck out.
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19 May 2022 |
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Appellants failed to prove repayment; mortgage discharge was fraudulently procured, appeal dismissed with costs.
Mortgage law – discharge of mortgage – alleged fraudulent discharge; Evidence – burden and standard of proof in fraud allegations; Admissibility – opinion as to handwriting by person acquainted with signature (s.49 Evidence Act); Civil appeal – re-appraisal of evidence and handling imperfect record.
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18 May 2022 |
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Unexplained failure to take essential appeal steps justifies striking out the notice of appeal.
Appeal procedure — Rule 89(2) Court of Appeal Rules — striking out notice of appeal for failure to take essential steps; Rule 90(1) — requirement to lodge memorandum and record within sixty days and furnish security; Appellate Jurisdiction Act s.11(1) governs extension of time for appealing — section 95 CPC not applicable; unexplained delay and procrastination disentitle a party to proceed with appeal.
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18 May 2022 |
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Employer refusing reinstatement pays statutory compensation plus twelve months' wages, not arrears for absence.
Employment law – Reinstatement orders – Section 42(5) election to pay statutory compensation plus twelve months’ wages – No obligation to pay wages for period of absence – Section 42(4)(a) deduction for days absent – PAYE lawful on compensation – Subsistence/extra allowances not provided by statute.
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18 May 2022 |
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Review dismissed: alleged errors were re‑argument of interlocutory matters and not apparent on the face of the record.
Civil procedure — Review — Rule 66(1)(a) Court of Appeal Rules — requires manifest error on the face of the record; not for re‑argument. Appellate Jurisdiction — Sections 4(3) and 5(2)(d) AJA — revisionary powers of Court of Appeal limited; interlocutory High Court orders not revisable where they do not finally determine the suit. Companies Act — s.233 petitions — membership/directorship status may be contentious and not determinable by premature remarks. Remedy — review dismissed where alleged errors are not obvious patent mistakes.
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18 May 2022 |
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Failure to file a Rule 45A(1)(c) second-bite application within 14 days renders an appeal incompetent and it was struck out.
Civil procedure – extension of time – Rule 45A(1)(c) Court of Appeal Rules – requirement to apply to Court of Appeal within 14 days after High Court refusal to extend time to apply for certificate on point of law – failure to comply renders appeal incompetent.
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18 May 2022 |
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Omission to include proof of service of notice of appeal in the record is not fatal; supplementary record may be allowed.
Civil procedure – preliminary objection – service of notice of appeal – Rule 84(1), 86(1), 96(1) and 96(7) of the Court of Appeal Rules, 2009 – omission to include proof of service in record not necessarily fatal – leave to lodge supplementary record – Mukisa principle on misuse of preliminary objections.
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17 May 2022 |
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Whether the applicant’s retrenchment was procedurally fair and substantively justified; failure to prove necessity invalidated retrenchment.
Employment law – retrenchment – procedural compliance with s.38 ELRA – consultation and disclosure of information.* Employment law – substantive fairness – employer's burden to prove financial necessity and that retrenchment is last resort.* Labour procedure – admissibility of documents produced at CMA hearings – documentary evidence and exhibits.* Discrimination – allegation of racial discrimination in selection for retrenchment – burden of proof.* Remedy – compensation under s.40 ELRA – 12 months' pay as statutory minimum.
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17 May 2022 |
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Review dismissed: alleged errors required re‑evaluation of evidence and were not manifest on the face of the record.
Court of Appeal — Review jurisdiction — Error apparent on face of record must be obvious and self-evident; Review not a substitute for appeal — Re‑evaluation of evidence is appellate, not review, function; Contractual/commercial interest — award depends on express agreement and is a merits issue; General and specific damages — reduction or affirmation require appraisal of evidence, not reviewable unless manifest error.
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13 May 2022 |
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Applicant failed to establish grounds to order service of the memorandum and record of appeal; application dismissed with costs.
Court of Appeal Rules — service of memorandum and record of appeal — rule 97(1) requirement to serve respondents who complied with rule 86; rule 84 dependency for service of notice of appeal; proof of service under rule 22(6) requires affidavit or oral evidence; extension of time under rule 10 when time limits lapse; rule 97(2) cannot substitute for non‑compliance with rule 97(1).
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13 May 2022 |
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Pleaded loss of business (special damages) must be strictly proved; unproven interference led to dismissal of appeal.
Civil procedure - pleadings - plaintiff bound by pleadings; loss of business/profit pleaded as special damages requires strict proof. Evidence - burden and standard of proof - section 110 Evidence Act; balance of probabilities. Damages - distinction between general and special (specific) damages; need for particularized proof of special damages. Evidence - failure to call material witnesses and produce documentary proof permits adverse inference. Evidence - audio recordings require authentication and witness identification to be conclusive.
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13 May 2022 |
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If appellate records are irretrievable and the applicant has served most of the sentence, the conviction may be quashed.
Criminal procedure – Missing appellate records – exhaustive efforts to reconstruct – relief where reconstruction fails. Remedies – retrial vs quashing conviction – when substantial term already served. Appellate jurisdiction – exercise of section 4(2) AJA to quash conviction and set aside remaining sentence. Registry responsibilities – tracing and reconstructing lost court records; condemnation of unexplained disappearances.
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13 May 2022 |
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Review refused: applicants' complaints were appeal matters or evidential issues, not manifest errors warranting review.
Criminal law & procedure – Review jurisdiction of Court of Appeal – scope of section 4(4) AJA and Rule 66(1) – manifest error on the face of the record – review not a forum to re‑argue appellate or evidential issues – sentencing under Drugs Act v. general Penal Code provision.
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13 May 2022 |
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Trial judge's failure to sign witness records rendered proceedings null, requiring retrial for the appellant.
Criminal procedure – recording of evidence in High Court – practice of judge appending signature after each witness's evidence – authenticity of record.* Failure to sign is an incurable irregularity vitiating proceedings – retrial ordered.
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13 May 2022 |
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Court upheld murder convictions, finding single-night visual identification reliable and procedural defects non‑fatal.
Criminal law – Visual identification at night – single eyewitness evidence must be watertight (light, proximity, familiarity, duration); Committal irregularity – appellate power to nullify unlawfully recorded evidence; Contradictions – minor inconsistencies do not necessarily undermine prosecution; Evidence – prosecution’s discretion on witnesses and exhibits; Delay in arrest – requires explanation but not fatal if satisfactorily explained.
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13 May 2022 |
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High Court wrongly dismissed the appellant's timely criminal appeal without hearing; matter quashed and remitted for merits.
Criminal procedure – Time limits for appeals – Section 361 CPA – notice of appeal and petition of appeal; exclusion of time taken to obtain copies. Right to be heard – natural justice – dismissal without hearing as miscarriage of justice. Civil/criminal procedure – Incompetent/time‑barred appeals should be struck out, not dismissed. Appellate jurisdiction – Revision under section 4(2) AJA to quash High Court proceedings and remit for hearing on merits.
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13 May 2022 |
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Non‑joinder of a necessary party (the bank‑guarantee beneficiary) vitiated the trial; matter remitted for rehearing after joinder.
Civil procedure – Order 1 Rule 10(2) CPC – Non‑joinder of necessary party – Bank guarantees – Beneficiary must be joined where core dispute arises from contract between customer and beneficiary – Failure to join is fatal and renders proceedings a nullity.
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13 May 2022 |
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Alleged trial-court illegality can justify extension of time to appeal despite inordinate delay.
Civil procedure — Rule 10 (extension of time) — Good cause test and Lyamuya factors Extension of time — Effect of inordinate delay — diligence and accounting for delay Illegality in trial court’s judgment — Alleged irregularities (failure to frame issues; no final pre-trial conference; unexplained change of judge) may justify extension Precedents — Principal Secretary v. Valambia; VIP Engineering; Lyamuya Construction Remedy — Grant of extension to file appeal out of time with time limit imposed
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13 May 2022 |
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Trafficking conviction quashed due to defective chain of custody and absence of required weight particulars in analyst's report.
Criminal law – narcotic drugs – trafficking under s.15A(2)(c) DCEA – essentiality of weight; evidential chain of custody – documentation and witnesses; sampling procedure – regulation 18(1) compliance; admissibility/timing/voluntariness of cautioned statement; Government Chemist report form and required particulars (weight).
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13 May 2022 |
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EJS and text‑message evidence upheld; detention during President’s pleasure lawful for offenders under eighteen.
Evidence — Extra‑judicial statements: compliance with Chief Justice’s Guide; consent, reading over, thumbprints/signatures; failure to sign every page not fatal. Evidence — Repudiated confession: admission without timely objection bars later challenge; corroboration where necessary. Electronic evidence — Mobile phone/text messages: contextual consistency sufficient; calling service provider or cyber experts unnecessary where phone led to arrest and ownership/admission by accused. Sentencing — Child offenders: section 26(2) Penal Code (detention during President's pleasure) valid substitute for death sentence for offenders under 18; not necessarily prohibited by Law of the Child Act’s ban on imprisonment.
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13 May 2022 |
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Application for extension of time dismissed for failure to account for delay and to demonstrate alleged illegality on the record.
Civil procedure – extension of time – Rule 10 Court of Appeal Rules – requirement to account for all days of delay and show diligence (Lyamuya guidelines). Review proceedings – Rule 66(1) – applicant must indicate grounds for review; alleged illegality must appear on the face of the record to justify extension. Delay – failure to account for unexplained delay and negligence/sloppiness disentitles applicant from extension.
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13 May 2022 |
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Child’s evidence retained under s127(6) despite s127(2) omission; PF3 expunged but oral medical evidence upheld; appeal dismissed.
Evidence Act s.127(2) & (6) – child witness competence and promise to tell the truth – exceptional application of s.127(6). Criminal procedure – admissibility of documentary exhibits – requirement to read exhibits aloud to accused; expungement if not complied with. Sexual offences – proof of penetration and medical evidence (PF3) – effect of expunged exhibit on oral medical testimony. Proof of age in statutory rape – parent/guardian testimony and admissions by accused sufficient. Appellate review – failure of lower courts to consider defence can be cured by appellate assessment.
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13 May 2022 |
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Two conflicting certificates of delay render an appeal incompetent; appeal struck out as time-barred.
Appeal — certificate of delay — two conflicting certificates issued by Registrar — Registrar cannot extend filing time — Rule 90(1) TCAR — first certificate not withdrawn — appeal time-barred — struck out with costs.
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13 May 2022 |
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Child witness’s promise to tell the truth must be recorded; without that evidence prosecution failed and conviction was quashed.
Evidence — Child witness (tender age) — Section 127(2) Evidence Act — requirement to record the child’s promise to tell the truth — necessity to record the child’s words or clear engagement. Criminal law — Proof of identity and commission — where child testimony excluded, remaining evidence must independently prove guilt beyond reasonable doubt. Procedure — Cautioned statement previously expunged; appellate scrutiny of admissibility and sufficiency of evidence. Sentencing — life sentence set aside where conviction unsustainable; question of juvenile sentencing under section 131(2)(a) noted.
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12 May 2022 |
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Unsworn witness testimony in criminal trials violates section 198(1) CPA and may void evidence, warranting retrial in the interest of justice.
Criminal procedure – section 198(1) CPA – mandatory oath or affirmation – evidence given without oath/affirmation amounts to no evidence; nullification of affected proceedings and ordering of retrial where interest of justice so requires (Fatehali Manji principle).
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12 May 2022 |
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Court set aside unproved TZS 40,000,000 award, upheld TZS 20,000,000 general damages, and revised occupier status to owner until compensated.
Land law – compensation to outgoing occupiers under a Special Mining Licence – proof of payment required.* Evidence – burden and adverse inference where party fails to call material witnesses or prove alleged payments.* Damages – distinction between general and special damages; special damages must be specifically pleaded and strictly proved.* Revisionary powers – correction of tribunal’s characterization of party’s title where order is inconsistent with pleadings and evidence.
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12 May 2022 |
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The applicant's armed robbery conviction upheld: identification valid due to red-handed arrest and hot pursuit.
Criminal law – Armed robbery under section 287A – proof of stealing while armed and use/threat of violence; Identification – red-handed arrest/hot pursuit sufficient to validate identification; Evidence – minor contradictions not fatal; Procedural irregularity – search certificate not read out expunged but oral evidence of search retained; Appellate review – concurrent findings of fact not disturbed absent misapprehension.
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12 May 2022 |
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An appeal against refusal to extend time for judicial review is incompetent without leave and is struck out with costs.
Appellate jurisdiction — s.5(1)(c) AJA — refusal to extend time for judicial review requires leave; appeal without leave incompetent; Registrar cannot grant leave; appeal struck out with costs.
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12 May 2022 |
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High Court wrongly found appellants' document forged; appeal allowed and High Court decision set aside.
Evidence — Documentary evidence — Allegation of forgery — Comparison of original and carbon copy — Primary Courts: applicable rules of evidence — appellate interference where lower courts' findings are non-concurrent and there is misapprehension of evidence.
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12 May 2022 |
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Appeals from the Labour Division are limited to points of law; factual re‑evaluation renders the appeal incompetent.
Labour law – Appeals from Labour Court – section 57 LIA – appeals confined to points of law; factual disputes and re‑evaluation of evidence are outside jurisdiction. Point of law – misapprehension of evidence may qualify where there is failure to evaluate or no evidence, but not where appeal merely seeks re‑weighing of facts. Preliminary objection – competence of appeal – striking out incompetent labour appeals.
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12 May 2022 |
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High Court erred in deciding res judicata without hearing parties; appeal allowed and matter remitted for rehearing.
Civil procedure – appeal – appellate court must address grounds of appeal presented; may decide decisive ground but must consider complaints before it. Res judicata – point of law that may be raised at any time but parties must be given opportunity to be heard before determination. Constitutional right to fair hearing – article 13(6)(a) – denial of adequate opportunity to be heard vitiates judgment. Remedy – quash and set aside High Court judgment; remit for rehearing before another judge.
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12 May 2022 |
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Applicant's armed-robbery convictions upheld on recent-possession and firearm evidence despite expunged statements.
Criminal law – Armed robbery – Visual identification at night – unreliable identification evidence; Cautioned and extra-judicial statements – improperly admitted and not read out – expunged; Doctrine of recent possession – recovered motorcycle and mobile phone shortly after theft – presumption of guilty where items refer to charged offence; Possession of firearm as corroboration of robbery at gunpoint.
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12 May 2022 |
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Revision application struck out for lack of pleaded/attached letters of administration, rendering applicant without standing.
Civil procedure — Representative capacity — Letters of administration must be pleaded and attached to establish standing; failure to do so renders proceedings incompetent and subject to striking out; liberty to refile on production of valid letters.
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12 May 2022 |
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High Court lacked jurisdiction without mandatory committal; conviction quashed and matter remitted for proper committal and trial.
Criminal procedure – mandatory committal under s.246(1) CPA – absence of committal order vitiates High Court’s jurisdiction – conviction nullity – remittal for proper committal and retrial.
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12 May 2022 |