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Citation
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Judgment date
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| September 2022 |
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A suit filed against a deceased person is a nullity and should be struck out, not dismissed.
Civil Procedure – Suit instituted against deceased person – nullity – incompetent proceedings to be struck out, not dismissed; Order 1 Rule 10(1) substitution inapplicable; costs not warranted where suit is nullity and procedural handling was erroneous.
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30 September 2022 |
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Conviction quashed where visual and voice identification were unreliable and the cautioned statement was inadmissible.
Criminal law – visual identification – identification at night and in chaotic circumstances requires strict scrutiny; voice identification unreliable; cautioned statements recorded in presence of other officers inadmissible – standard of proof beyond reasonable doubt.
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30 September 2022 |
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Penalty omission was curable; credible complainant testimony and medical/eye‑witness evidence sustained convictions.
Criminal law – Sexual offences – Rape and sodomy – Complainant’s testimony as central evidence and may suffice if credible and consistent. Criminal procedure – Particulars of offence – Omission of specific penalty provision in charge curable under section 388 CPA where no prejudice. Criminal procedure – Trials involving sexual offences – Section 186(3) CPA (in camera) intended to protect victims; breach does not automatically vitiate proceedings absent shown prejudice. Evidence – Corroboration by eyewitnesses and medical report supports convictions.
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30 September 2022 |
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Review application dismissed for failing to show a manifest error on the face of the record.
Civil procedure – Review under Rule 66(1)(a) – Manifest error on the face of the record – Requirement to identify an obvious, patent mistake; review not a rehearing or re-assessment of evidence.
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29 September 2022 |
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Cautioned statement recorded with other officers vitiated; uncorroborated co‑accused evidence insufficient—appellant's conviction quashed.
Criminal law – Admissibility of cautioned statements – voluntariness and right to privacy; cautioned statement recorded in presence of other officers vitiates confession. Evidence of co‑accused requires corroboration; uncorroborated recent‑possession link insufficient. Proof beyond reasonable doubt — conviction quashed when key evidence expunged.
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29 September 2022 |
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Stay of execution granted pending appeal where application was timely, security offered and drawn order sufficed as the decree.
Stay of execution — Rules 11(4), 11(5) & 11(7) CA Rules — timeliness, risk of substantial loss, security and accompanying documents — drawn order as decree — Court’s power to stay execution of subordinate court/officer’s decree upheld on High Court reference.
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29 September 2022 |
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Proceedings conducted without a section 256A transfer are a nullity; conviction quashed and matter remitted for proper retrial.
Criminal procedure – Transfer of cases under section 256A Criminal Procedure Act – transfer must be issued before plea taking and preliminary hearing; absence of transfer vitiates jurisdiction. Overriding objective – cannot cure mandatory jurisdictional defects. Revisional powers – quash proceedings, conviction and sentence; remit information to High Court for retrial.
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29 September 2022 |
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Conviction quashed where night‑time visual and voice identification were unreliable and guilt was not proved beyond reasonable doubt.
Criminal law – Identification evidence – Visual identification at night requires proof of source, intensity and coverage of light; bare assertions insufficient. Criminal law – Identification by voice – generally unreliable and must be treated with caution. Evidence – Proof beyond reasonable doubt – where identification is unsafe conviction cannot stand. Sentencing – Unnatural offence against a child under eighteen attracts life imprisonment (noted but rendered moot by acquittal).
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29 September 2022 |
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Appellant's challenge failed: lawful impromptu search, intact chain of custody, and sufficient proof of control of room; appeal dismissed.
Criminal law – possession of narcotic drugs – legality of impromptu search under s.42 CPA – chain of custody of exhibit – proof of occupancy/control of premises – failure to cross‑examine and afterthought defence – role and directions to assessors.
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29 September 2022 |
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Failure to sum up to assessors and denial of right to challenge assessors vitiated the trial; retrial ordered.
Criminal procedure – assessors – mandatory requirement to sum up to assessors under s.298(1) Criminal Procedure Act – failure to sum up and denial of accused’s right to object to assessors are fatal irregularities – proceedings nullified – retrial ordered.
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29 September 2022 |
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Extinguishing a person's land title without making them a party and affording a hearing violates Article 13(6)(a) and is a nullity.
Constitutional law – right to a fair hearing (Article 13(6)(a)) – person not made party and not heard – decision affecting property rights nullity. Civil procedure – joinder of necessary parties – failure to join interest-holder vitiates judgment. Appellate jurisdiction – exercise of revisional powers under section 4(3) AJA – nullification, quashing and order for fresh proceedings. Natural justice – audi alteram partem rule applied in land disputes.
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29 September 2022 |
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An appellate tribunal sitting as first appellate court must determine the appeal to finality, not remit undetermined grounds to the trial Board.
Tax appeals – appellate jurisdiction – first appellate tribunal must determine appeals to finality and not remit undetermined grounds to the trial Board. Civil Procedure Code s.76(1),(2) – appellate court powers to determine case finally and to exercise powers of trial court where appropriate. Appellate review – distinction between credibility issues and proper inferences from facts; appellate court may decide factual inferences. Appellate Jurisdiction Act s.4(2) – revisional powers to cure procedural anomalies and remit for proper judgment.
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29 September 2022 |
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Conviction for drug trafficking upheld; unsworn witness evidence expunged and sentence commencement date corrected.
Criminal law — narcotics trafficking — sufficiency of particulars in information (s.132 CPA); sworn evidence requirement (s.198(1) CPA) — unsworn testimony expunged; independent witnesses — law‑enforcement officers may be independent; exhibits — contents must be read out after admission; alibi notice requirements (s.194(4)–(6) CPA) — late alibi may be accorded no weight; sentencing — sentence cannot run from date of arrest, must run from conviction date.
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29 September 2022 |
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Whether a notice of appeal can be struck out for failure to take essential steps where Registrar delays supplying court records.
Civil procedure – strike out under Rule 89(2) – whether some essential step was not taken. Procedure – essential steps to further an appeal – case‑specific, depends on facts and nature of appeal. Registrar’s duties under Rule 90(5)(1) – preparation and delivery of certified copies within 90 days and appellant’s duty to collect. Effect of G.N. No. 362 of 2017 and G.N. No. 344 of 2019 – procedural amendments applicable retrospectively.
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29 September 2022 |
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The appellant's armed robbery conviction was upheld on credible eyewitness evidence despite missing exhibit and phone-provider testimony.
Criminal law – Armed robbery – sufficiency of prosecution proof by eyewitnesses; admissibility and effect of non-tendered exhibits; calling of mobile service providers not always necessary; credibility and minor discrepancies; no legal requirement to remind accused of charge before judgment.
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28 September 2022 |
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The appellant's convictions for sexual offences against a 12-year-old were upheld as the victim's credible, corroborated evidence proved the case beyond reasonable doubt.
Criminal law – Sexual offences – Indecent assault and unnatural offence against a child under 14 – Proof beyond reasonable doubt; victim’s testimony and corroboration. Evidence – Proof of age of a child – by parent or child’s own testimony; requirement satisfied. Evidence Act s.127(2) – Child of tender age must promise to tell the truth – compliance established. Witness credibility – coherence, consistency and corroboration as bases for appellate acceptance of trial findings.
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28 September 2022 |
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Non‑compliance with s.234 CPA and s.127(2) Evidence Act rendered conviction unsafe; appeal allowed and release ordered.
Criminal procedure – substitution of charge – non‑compliance with s.234 CPA renders subsequent proceedings a nullity; Evidence – child witness competence – s.127(2) Evidence Act requires testing before taking evidence without oath; Medical evidence/PF3 – establishes sexual assault but not perpetrator identity; Retrial – ordered only if interests of justice require it.
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27 September 2022 |
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Appeal allowed: victim's inconsistent accounts and failure to call material witnesses undermined the prosecution's case.
Criminal law – Sexual offences – Credibility of victim – inconsistent statements and delay in naming suspect as undermining reliability. Evidence – Failure to call material witnesses (guest house attendant and sheltering host) – adverse inference against prosecution. Appellate review – Second appeal interference where lower courts misapprehended substance, nature or quality of evidence. Proof beyond reasonable doubt – reliance on victim’s evidence must be cautious where inconsistencies exist.
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26 September 2022 |
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Leave granted to amend appeal to raise jurisdictional and composition defects of the High Court, with procedural timelines.
Civil Procedure – Amendment of Memorandum of Appeal – Leave to add grounds raising jurisdictional defects. Jurisdiction – Whether non-compliance with Rule 5F of High Court Registries (Amendment) Rules, GN No. 63 of 2001, renders proceedings null and void. Composition of court – Whether trial court was properly constituted and whether absence of assessors affects jurisdiction. Procedural directions – Time-limited filing of amended pleadings and supplementary submissions; costs to abide outcome.
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26 September 2022 |
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Notice of appeal struck out because the respondent failed to lodge the appeal within prescribed time and the delay certificate was invalid.
Civil procedure – striking out notice of appeal – failure to lodge appeal within statutory time – consequence of abandoning essential step. Court of Appeal Rules, 2009 – rule 89(2) (strike out procedure), rule 90(1) (certificate of delay and time for requesting copies), rule 63(2) (hearing in absence). Registrar’s certificate of delay – invalid where request for copies made beyond 30 days from date of judgment.
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26 September 2022 |
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Revision application struck out because the impugned decision was appealable and no exceptional circumstances justified revision.
Civil procedure — Revision v. Appeal — Revisional jurisdiction is exceptional and normally unavailable where an appeal lies; applicant with right of appeal must pursue it. Civil procedure — Competence — Affidavit verification — Partial verification of affidavit (only some paragraphs verified) renders verification defective and is amendable but irrelevant where application incompetent. Labour law procedure — Revision of High Court Labour Division decisions — Proper route is appeal unless exceptional circumstances exist.
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26 September 2022 |
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Where first appellate records are missing and unretrievable, the Court may quash those proceedings and remit for rehearing to secure justice.
Criminal procedure – missing appellate record – remedies where first appellate proceedings and judgment are absent and unretrievable; reconstruction efforts. Appellate jurisdiction – revisional powers under s.4(2) AJA to nullify proceedings, quash judgment and remit for rehearing. Fair trial balance – rehearing preferred over release when missing records prevent determination of prior appellate decision.
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26 September 2022 |
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Applicant failed to show timely filing or sufficient cause for extension; appeal dismissed.
Criminal procedure – extension of time to appeal – computation of filing date – concurrent findings of fact as to lodgment date – registry records and admission file prevail over rubber-stamp impression. Extension of time – illegality as ground for extension – must be apparent on the face of the record; not where discovery requires long argument. Overriding objective – cannot be applied to nullify mandatory procedural time limits. Technical delay – applicant must account for each day of delay to establish good cause.
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23 September 2022 |
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Appellant's provocation defence rejected; confession and severe injuries establish malice aforethought, conviction and death sentence upheld.
Criminal law – Murder – malice aforethought – defence of provocation – extra‑judicial confession admissibility and evidential weight – post‑mortem injuries inconsistent with self‑defence or accidental use of weapon.
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23 September 2022 |
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Appeal struck out as time-barred due to invalid certificate of delay and missing Registrar's notification letter.
Civil procedure — Appeal time limits (Rule 90) — Certificate of delay must be supported by Registrar's notification letter — notification date, not supply/collection date, is the relevant cut-off — invalid certificate renders appeal time-barred — overriding objective and Rule 96(7) cannot cure jurisdictional defects.
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23 September 2022 |
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Court granted stay of execution pending appeal where applicant deposited decretal sum and risked irrecoverable loss if payment proceeded.
Civil procedure — Stay of execution — Rule 11(5), Tanzania Court of Appeal Rules — requirement of substantial loss and security — deposit of decretal sum in court bank account as security — uncontested affidavits — labour matter, no order as to costs.
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23 September 2022 |
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The appellant's admission of essential facts was unequivocal; conviction upheld but 30-year sentence reduced for sentencing error.
Criminal procedure – Plea of guilty – requirement that plea be perfect, unambiguous and complete – recording of facts and accused’s opportunity to dispute or explain. Criminal law – Separate counts – plea to one count does not automatically negate admissions on another distinct count. Sentencing – Education Act s.60A(3): statutory language "shall be liable to" denotes maximum sentence, not mandatory term. Appellate jurisdiction – power to revise manifestly excessive sentence where trial court misdirected itself.
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23 September 2022 |
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Appropriation of escrow funds after correct tax payment is not "tax paid in excess" under section 71; refund/offset ordered.
Tax law – Tax Administration Act, s.71 – Meaning of "tax paid in excess" – Applicability where tax authority appropriates escrow funds despite taxpayer having paid demanded tax – Requirement of formal refund application – Offset and refund remedies.
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22 September 2022 |
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Notice of appeal struck out for failure to take essential steps and for unreasonable dilatory tactics despite receipt of the record.
Civil procedure – Appeal – Striking out notice of appeal under Rule 89(2) for failure to take essential steps; certificate of delay under Rule 90(1); dilatory tactics; competence of supporting affidavit – disputed signature and forensic authenticity.
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22 September 2022 |
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Variance in charge, weak identification and unreliable CCTV evidence led to quashing of the applicant's conviction.
Criminal law – Armed robbery – Variance between charge particulars and evidence; failure to amend charge under s.234 CPA; unreliable eyewitness identification; chain of custody and admissibility of CCTV/electronic evidence – application of s.18(2) Electronic Transactions Act.
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22 September 2022 |
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Absence of DPP consent/certificate under EOCCA rendered trial a nullity; convictions quashed and appellants released.
Criminal jurisdiction – Economic offences – Requirement of DPP's consent (s.26(1) EOCCA) and certificate (s.12(3) EOCCA) – Absence or non-production of consent/certificate in record – Uncertainty as to charge sheet covered – Proceedings rendered nullity – Retrial declined where miscarriage of justice likely.
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22 September 2022 |
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Applicant failed to establish good cause for extension of time; Reference dismissed with costs.
Civil procedure — Extension of time — good cause — must account for each day of delay; supporting affidavits required to impeach Court record. Service — endorsements by process server — need for corroborating affidavit if relied upon to challenge registry entry. Court record — presumed authentic unless properly impeached. Illegality — cannot be raised for first time on Reference if not before Single Justice. Reference under rule 62(1)(b) — limited grounds to upset Single Justice’s exercise of discretion.
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22 September 2022 |
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Failure to explain vital legal points to assessors invalidates their opinion and warrants quashing the conviction.
Criminal procedure – Summing up to assessors – Duty to explain vital points of law (malice aforethought, circumstantial evidence, retracted cautioned statement, alibi) – Failure renders assessors' opinions unreliable – Incurable irregularity – Remedy: nullify summing up, quash conviction and remit for fresh summing up and judgment.
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21 September 2022 |
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Failure to properly select/inform assessors and their joint opinion vitiated the trial; convictions quashed and retrial ordered.
Criminal procedure – Assessors – Selection and being informed of role – duty of trial judge; failure to select or inform assessors vitiates proceedings. Criminal procedure – Assessors' opinion – Joint opinion contrary to s.298(1) CPA invalidates assistance of assessors and vitiates trial. Appellate jurisdiction – Revision under s.4(2) AJA – quashing convictions and ordering retrial where proceedings are a nullity. Retrial – Ordered where interest of justice so requires despite procedural irregularities at original trial.
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20 September 2022 |
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Successor judge erred by re-deciding a res judicata objection already finally determined; ruling nullified and hearing restored.
Civil procedure — res judicata — functus officio — successor judge re-hearing preliminary objection — coordinate judge’s prior ruling binds subsequent judge; revisional jurisdiction to nullify improperly decided ruling.
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16 September 2022 |
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Failure to serve timely application for copies invalidates certificate of delay; appeal struck out as time-barred.
Civil procedure — Appeals — Rule 90(1) and (3) Court of Appeal Rules — written application for copies must be served on respondent within 30 days or exemption and Registrar’s certificate invalid — failure to comply renders appeal time-barred; overriding objective cannot cure jurisdictional time limits.
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15 September 2022 |
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Revision dismissed — alleged boundary error was not a patent error warranting review; review cannot substitute appeal.
Civil procedure — Revision under s.4(3) AJA — power to call and examine High Court records where appeal blocked; Review (Order XLII r.1 CPC) — scope limited; 'error apparent on face of record' requires a patent, self-evident error; Record completeness — entire lower court record not always necessary if annexed documents suffice; Distinction between review and appeal — review cannot be used as appeal in disguise.
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15 September 2022 |
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Strike‑out refused where Registrar’s failure to supply appeal documents caused respondent’s delay.
Procedure — Appeal prosecution — Whether to strike out notice of appeal for failure to take essential steps; effect of Registrar's delay in supplying certified copies of judgment and proceedings; sufficiency of stamped request letters as proof of diligence; application of Rules 89 and 90 of the Court of Appeal Rules.
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14 September 2022 |
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Interlocutory contesting of preservation measures does not waive arbitration; stay pending arbitration properly granted.
Arbitration — stay of proceedings pending arbitration — meaning of 'taking steps in the proceedings' — interlocutory steps do not waive arbitration unless they unequivocally indicate intent to abandon arbitration; pacta sunt servanda; court will not decide issues not raised below.
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14 September 2022 |
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Failure to take essential procedural steps after filing a notice of appeal justified striking out the appeal.
Civil procedure – appeal – failure to take essential steps after filing notice of appeal – Rule 90(1),(3) Tanzania Court of Appeal Rules; requirement to apply for copies of proceedings within 30 days to toll time; unsubstantiated assertions and hearsay insufficient to prove compliance; notice of appeal struck out.
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14 September 2022 |
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Stay application dismissed for being time-barred and lacking the mandatory notice of intended execution.
Civil procedure — Stay of execution — Rule 11(4) (14-day filing requirement) — Rule 11(7)(d) (notice of intended execution must accompany application) — Cumulative compliance with Rules required — Application time-barred and procedurally defective — Probate matter; no costs order.
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14 September 2022 |
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Confused High Court revision proceedings quashed; matter remitted to tribunal for proper determination; parties to bear own costs.
Civil procedure – Revision v appeal – where appeal lies, revision is not ordinarily available unless appellate remedy is blocked by judicial process. Interlocutory v final order – ‘nature of the order’ test applied to determine appealability. Procedural irregularity – confused High Court proceedings and mismatched parties justify quashing and setting aside. Remedy – remit matter to tribunal for proper determination; costs each party.
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14 September 2022 |
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Applicant with asserted title and occupation may be joined to suo motu revision; sixty‑day limit for party revisions inapplicable.
* Civil procedure – suo motu revision – Court’s power to initiate revision not time‑bound – rule 65(6) grants broad discretion to summon parties. Limitation – rule 65(4) (60 days) applies to party‑initiated revision only and does not automatically govern joinder to suo motu revisions. Joinder – party with asserted title and continuous occupation has sufficient interest to be joined to pending revisional proceedings. Relief – joinder can prevent multiplicity of proceedings and permit complete adjudication; speculative prejudice insufficient to deny joinder. |
13 September 2022 |
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Applicant’s challenge by revision was procedurally improper; appeal (with leave) was the appropriate remedy, so revision struck out with costs.
Civil procedure – Appellate Jurisdiction Act, s.5(1)(c) and s.5(2)(d) – distinction between interlocutory and final orders; test whether an order finally disposes of parties' rights. Procedure – revision vs appeal – revision not a substitute for an available statutory appeal (with leave); appeals and revision mutually exclusive absent exceptional circumstances. Preliminary objections – a true preliminary point of law must not require perusal of evidence or documents to resolve.
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13 September 2022 |
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Revision cannot substitute for an appeal where an appeal lay; the applicant's revisional application was struck out with costs.
Appellate procedure – Revision versus appeal – Revisional jurisdiction under s.4(3) AJA not a substitute for appeal absent exceptional circumstances or blockage of appellate process; refusal to set aside dismissal appealable under s.5(1)(c) AJA; Order IX rr.8–9 CPC; overriding objective (ss.3A–3B AJA and r.2 Rules) does not permit curing a fundamentally incompetent revisional application.
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13 September 2022 |
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Failure to serve notice of appeal and to request Registrar's copies constituted failure to take essential steps; appeal struck.
Civil procedure — Court of Appeal Rules — Rule 84(1) (service of notice of appeal within 14 days) — mandatory compliance. Civil procedure — Court of Appeal Rules — Rule 90(1),(3) (requesting copies from Registrar and effect on computation of time) — requirement to serve letter on respondent. Civil procedure — Rule 89(2) (failure to take essential steps) — consequence: incompetence/striking out of notice of appeal. Evidence — written submissions are not evidence — assertions must appear in affidavit to excuse procedural non-compliance. Practice — leave required to serve a notice of appeal out of time.
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13 September 2022 |
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An appeal filed beyond Rule 90 time limits, relying on a late-served copy-request, is incompetent and struck out.
Appeal — limitation — Rule 90(1) & (3) Court of Appeal Rules 2009 — application for copies must be in writing and served on respondents within prescribed time — certificate of delay invalid if service late — time-barred appeals deprive Court of jurisdiction — overriding objective/AJA cannot cure mandatory jurisdictional time limits.
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13 September 2022 |
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Leave granted to appeal where alleged lack of service and non‑appearance raise an arguable factual challenge to an ex parte ruling.
Appellate procedure – Leave to appeal – Discretionary and granted where grounds raise arguable issues of law or fact. Civil procedure – Ex parte proceedings – Alleged lack of service and non-appearance can constitute prima facie grounds for appellate intervention. Appellate Jurisdiction Act s.5(1)(c) – Leave for first appeal. Costs to be in the intended appeal.
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13 September 2022 |
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A revision challenging an interlocutory High Court order was incompetent; the proper remedy was an appeal, so the application was struck out with costs.
Appellate jurisdiction — Revision v. Appeal — where a statutory right of appeal exists revision is not an alternative. Appellate Jurisdiction Act, s.5(2)(d) — no appeal/revision against interlocutory orders unless they finally determine the suit. Test for finality of interlocutory order — Bozson test: does the order finally dispose of parties’ rights? Preliminary objection — distinction between pure point of law and issues requiring evidence (Mukisa/Mecmar principles). Abuse of court process/overtaken by events — cannot be decided as preliminary if documentary/evidential inquiry is needed.
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12 September 2022 |
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Revision application struck out because the applicant had an available appeal and failed to show exceptional circumstances.
Civil procedure — Revisional jurisdiction — Competence of revision where right of appeal exists — Halais Pro-Chemie four tests (suo motu, exceptional circumstances, non-appealability, blocked appellate process). Land law — High Court (appellate) decisions from Ward Land Tribunal — appealability and requirement to exhaust remedies.
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12 September 2022 |