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Citation
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Judgment date
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| November 2025 |
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The bank lawfully recalled the project loan; buyer protected as bona fide purchaser; the High Court’s damages award and annulment of sale were erroneous.
Contract law — interpretation of express loan terms (grace period, tranche disbursement conditions); guarantor locus standi; non‑joinder and Order 1 r.9 CPC; lawful exercise of power of sale and protection of bona fide purchaser under s.135 Land Act; improper/unsubstantiated award of general damages.
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6 November 2025 |
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Whether witnesses reading admitted office records give direct evidence and whether plots were lawfully occupied relative to applicable railway legislation.
* Evidence — Oral evidence — Witnesses testifying on office records admitted in evidence constitute direct evidence under s.67 Evidence Act and are not hearsay.
* Railways law — Applicability of railway strip measurements — Temporal application of Railways Act 1977, Railways Act 2002 (urban 15m/rural 30m) and Railways Act 2017 (30m each side) relevant to determination of encroachment.
* Compensation — Burden of proof — party alleging payment must prove it on balance of probabilities; absence of proof defeats claim.
* Civil procedure — Pleadings and reliefs — court may grant reliefs pleaded by parties; not a suo motu act if reliefs were pleaded and issues framed.
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6 November 2025 |
| October 2025 |
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Application for stay of execution granted pending appeal, conditional on a TZS 500,000,000 bank guarantee.
Civil procedure — Stay of execution pending appeal — Rules 11(3)-(7) Court of Appeal Rules — Proof of service of notice of execution — postal tracking insufficient without affidavits of process server/Registrar — requirement of good cause: timeous application, risk of substantial loss, security — court's discretion to fix suitable security for non-monetary decree.
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28 October 2025 |
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A credible allegation of jurisdictional illegality can justify extension of time despite an unexplained delay.
* Civil procedure – Extension of time under Rule 10 – discretionary exercise – factors: length of delay, reasons, prejudice, conduct and balance of interests. * Illegality – alleged jurisdictional error in impugned decision may constitute good cause for extension. * Failure to account for each day of delay – relevant but may be outweighed by a bona fide allegation of illegality. * Service of appeal documents – compliance with prescribed time and methods.
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28 October 2025 |
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Stay of execution granted pending appeal; both parties must file commitment bonds to preserve matrimonial assets.
Civil procedure – stay of execution pending appeal – requirements under Court of Appeal Rules 11(4),(5),(7) – preservation of status quo – commitment bond as adequate security for matrimonial/landed property.
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28 October 2025 |
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Extension of time refused; applicant failed to show good cause or an apparent illegality on the record.
Criminal procedure — Extension of time to apply for review — Requirements under Rules 10 and 66(1) — Good cause, length and reasons for delay, prejudice, diligence — Illegality must be apparent on the face of the record to justify extension.
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24 October 2025 |
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Court upheld rape conviction: the appellant properly identified, witnesses credible, s.34B evidence admissible; cautioned statement expunged.
Criminal law – rape – visual identification – familiarity and failure to cross-examine; witness credibility – naming at earliest opportunity; cautioned statement – defective certification renders it inadmissible; written statements under s.34B (now s.36) – cumulative requirements, notice within ten days and reasonable steps to procure attendance; second appeal – new factual grounds not entertained.
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24 October 2025 |
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Extension of time granted to file revision due to jurisdictional defects and other apparent illegality on the face of the record.
Extension of time – good cause – illegality on face of record; Jurisdiction – trial court competence and time‑barred first appeal; Non‑joinder of necessary parties – right to be heard; Change/misdescription of parties/amendment; Representative suit without leave; Excessive decretal interest.
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23 October 2025 |
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Application for stay struck out for non‑compliance with Rule 11(7) and material variance between notice and annexures.
* Civil procedure – Stay of execution – Compliance with Rule 11(7) Court of Appeal Rules – mandatory attachments (notice of appeal, decree/order, judgment/ruling, notice of execution).
* Civil procedure – Executing Officer’s ruling versus consent decree – appealability and executability as prerequisites to stay relief.
* Civil procedure – Consistency required between notice of motion, supporting affidavit and annexures; material variance amounts to abuse of process.
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23 October 2025 |
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Court held suit alleged fraudulent transfer, not Registrar's administrative act, and remitted it pending joinder of necessary parties.
* Land law – alleged fraudulent transfer vs administrative deletion of name – distinction determines proper forum and procedure under Land Registration Act.
* Jurisdiction – section 102 Land Registration Act inapplicable where cause of action is civil fraud, not an appealable act by the Registrar.
* Civil procedure – necessary parties and duty of the court to add them under Order 1 rule 10(2) CPC to enable complete adjudication.
* Appellate powers – Court may quash and remit for trial where procedural errors occurred but underlying cause of action is properly pleaded.
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23 October 2025 |
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Court granted retrospective extension of time to validate out-of-time service of documents, finding good cause and no prejudice to respondent.
Civil procedure – Extension of time – Good cause required under Rule 10 – Inadvertent omission to serve documents – Retrospective extension to date of out-of-time service – No prejudice where respondent served with record and filed submissions.
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23 October 2025 |
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Material discrepancies between the charge and evidence and failure to amend the charge warranted acquittal and release of the appellant.
* Criminal procedure – variance between charge and evidence – duty to amend charge under section 251 (formerly 234) CPA when material discrepancies appear.
* Criminal evidence – material inconsistencies (number of assailants; nature of injury; accused's particulars) – fatal to prosecution if unamended.
* Second appeal – interference permitted where findings are perverse, misapprehended, or miscarriage of justice.
* Burden of proof – failure to prove charge beyond reasonable doubt entitles accused to acquittal.
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22 October 2025 |
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Extension of time granted where technical delay and diligent pursuit of rights justified securing the applicant's right to be heard.
Extension of time; good cause under Rule 10; technical delay from struck-out appeal may justify extension; right to be heard; substituted service and hearing in absence of respondents.
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21 October 2025 |
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A signed redundancy notice with reservations does not constitute agreement; retrenchment was unfair, compensation reduced to 12 months.
* Employment law – Retrenchment – Whether a signed redundancy notice with reservations creates a binding agreement; estoppel.
* Employment law – Procedural and substantive fairness – Compliance with section 39 ELRA (notice, disclosure, consultation) and justification for operational requirements.
* Remedies – Compensation for unfair termination under section 40 ELRA; appellate revision and reduction of awarded months' remuneration.
* Civil procedure – Correctness of High Court's revision where it recharacterised termination as by agreement.
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20 October 2025 |
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A court must not dismiss the applicant's suit for lack of locus standi without evidence; the matter must be heard on merits.
* Civil procedure – Preliminary objection – locus standi – Lack of locus standi is a factual issue requiring evidence and cannot alone justify dismissal.
* Evidence – Annexures to pleadings are not exhibits – cannot be relied on unless tendered, tested and admitted.
* Procedure – Competence vs merits – Preliminary points touching competence should not result in termination; appropriate remedy may be striking out and remittance for hearing on merits.
* Remedy – Appeal allowed, costs, record remitted for determination on merits.
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20 October 2025 |
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A defective charge omitting mode of trafficking and a broken chain of custody rendered the conviction unsafe.
* Criminal procedure – Particulars of charge – Section 135 CPA – charge must specify mode of "trafficking" to give accused reasonable information.
* Drug offences – Trafficking definition – plurality of modes (possession, storing, distribution) requires clarity in particulars.
* Evidence – Chain of custody – prosecution must account for continuous custody of exhibits from seizure to tendering; broken chain raises reasonable doubt.
* Standard of proof – any reasonable doubt must be resolved in favour of accused; conviction unsafe if charge defective or exhibits mishandled.
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20 October 2025 |
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Alleged non‑supply of a Single Justice’s ruling did not constitute sufficient cause to enlarge time for reference.
Appeal procedure – Reference from Single Justice – Rule 62(1) – Enlargement of time – Sufficient cause required – No obligation to annex Single Justice’s decision – Court’s discretion.
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17 October 2025 |
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A magistrate's unexplained recusal and later resumption vitiates proceedings and mandates retrial before a different magistrate.
Criminal procedure – Case management and assignment of magistrates – Judicial recusal and resumption – Failure to give reasons vitiates proceedings – Prejudice test under section 388 not applicable where recusal/resumption lacks explanation – Retrial ordered.
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17 October 2025 |
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Conviction quashed due to failure to list the physical exhibit at committal and an unproven chain of custody.
* Criminal law – Narcotic drugs – Trafficking – Requirement to list and explain real/physical exhibits at committal – generic reference to "physical exhibits" insufficient. * Evidence – Chain of custody – continuity must be proved from seizure to tendering; unexplained breaks undermine evidential value. * Evidence – Ownership/linkage of containers (bags) – physical containers must be produced or proved to link accused to contraband. * Procedure – Tendering of exhibits and Government Chemist reports – compliance with committal and trial rules crucial to fair trial.
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17 October 2025 |
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Recognition identification by a known victim and lack of defence evidence upheld the rape conviction; appeal dismissed.
Criminal law – Identification by recognition – victim who knew accused and had opportunity to observe aided identification; Rape – victim’s testimony entitled to credence; Appellate procedure – new grounds raised at Court of Appeal barred by s.6(7) AJA; Effect of failure to cross‑examine or testify – weakens defence/amounts to tacit acceptance.
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17 October 2025 |
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Conviction quashed because night-time visual identification was unsafe and uncorroborated.
* Criminal law – Rape – Identification evidence – Visual identification at night must be watertight (Waziri Amani test) – Failure to specify torch intensity/position and presence of others undermines identification. * Evidence – Corroboration – Evidence requiring corroboration cannot constitute its own corroboration. * Trial procedure – Where identification is unsafe, conviction must be quashed; other defects may be left unaddressed as academic.
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17 October 2025 |
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Trial by a magistrate other than the one named in the High Court transfer order is a fatal jurisdictional defect.
Criminal procedure – transfer under section 256A(1)/274(1) – transfer must be to a specifically named resident magistrate with extended jurisdiction – plea, preliminary hearing and trial to be conducted by that named magistrate – trial by a different magistrate is a fatal irregularity vitiating proceedings, conviction and sentence.
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17 October 2025 |
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Buyer deemed to have accepted goods by signing delivery note and prolonged use; trial inspection without proper production was procedurally flawed.
Sale of Goods Act s.37 – deemed acceptance by buyer; Evidence Act s.62(2) – inspection of goods and admissibility; burden of proof on buyer to prove non‑conformity; caveat emptor; procedure for production of physical exhibits; reliance on delivery note and prolonged use.
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17 October 2025 |
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Conviction upheld; life sentence for 18‑year‑old quashed as illegal and release ordered.
* Criminal law – Unnatural offence – elements: anal penetration, victim's age, identity of perpetrator; conviction upheld where victim and eyewitness credible and medical evidence corroborates. * Evidence – Child witness procedure – non‑compliance with section 127(2) not fatal where credibility and corroboration established. * Evidence – Immaterial number of witnesses; absence of some witnesses not fatal where case proved beyond reasonable doubt. * Sentencing – section 160B and child‑protection provisions: life sentence unlawful for an 18‑year‑old first offender; appellate court may set aside illegal sentence and order release.
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17 October 2025 |
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Court stayed execution pending appeal after finding applicant would suffer irreparable loss and offering a written bond as security.
Court of Appeal — Stay of execution — Rules 11(3)–(7) of the Court of Appeal Rules — Timeliness of application — Balance of convenience and irreparable harm — Security for due performance in non‑monetary decrees — Written bond undertaking to maintain status quo.
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17 October 2025 |
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Appeal struck out for lodging notice of appeal out of time and for lodging it after obtaining a certificate instead of before.
Civil procedure — Appeals — Notice of appeal must be lodged within 30 days under Rule 83(2); where leave/certificate needed, notice must precede application under Rule 46(1); delay not excused by erroneous legal advice — appeal struck out as incompetent.
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17 October 2025 |
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Conviction quashed where identity was unproven and late cautioned statement admitted without statutory extension.
* Criminal law – Unnatural offence – identity of accused – reliability of visual identification and need to call material witness who purportedly identified perpetrator. * Criminal procedure – cautioned statement recorded beyond four hours – requirement to seek extension under section 51 CPA – failure to do so warrants expungement. * Evidence – adverse inference from failure to call crucial witness. |
17 October 2025 |
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Failure to pursue agreed arbitration rendered the court proceedings and appeal incompetent and led to nullification under s.6(2) AJA.
Arbitration clause – mandatory contractual dispute resolution by negotiation then arbitration – failure to exhaust agreed procedure renders court proceedings, judgment and decree null and incompetent; Court of Appeal may invoke s.6(2) AJA to nullify; no costs where defect raised suo motu and parties concur.
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17 October 2025 |
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Conviction quashed where courts failed to consider defence and prosecution failed to call a crucial witness.
Criminal law – sexual offences – evaluation of evidence – necessity to consider defence evidence; delay in reporting – immaturity and threats as possible justification; failure to call crucial witness – adverse inference against prosecution; medical testing (HIV) irrelevant if not probative.
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17 October 2025 |
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Forgery convictions quashed for lack of proof and because ownership dispute was a civil/matrimonial matter.
* Criminal law – Forgery (s.333 Penal Code) – element of intent to defraud must be proved beyond reasonable doubt. * Criminal procedure – Successor magistrate (s.214(1) CPA) – duty to record reasons and inform right to recall witnesses; failure to inform requires demonstration of prejudice. * Jurisdiction – Improper use of criminal court to determine civil/matrimonial property disputes.
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17 October 2025 |
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Non‑compliance with section 245 CPA rendered the plea equivocal; conviction and sentences quashed and matter remitted for trial.
Criminal procedure – Plea-taking – section 245 CPA – admissions must be recorded in accused’s own words; exhibits that establish offence ingredients should be tendered before or contemporaneously with plea; failure to comply renders plea equivocal and conviction void – Remittal for fresh plea/trial.
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17 October 2025 |
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Appellants failed to rebut respondent’s proof of negligent lane departure; residual-value award upheld and appeal dismissed with costs.
Civil appeal — concurrent findings of fact — appellate interference only for misapprehension of evidence or miscarriage of justice; Negligence — lane departure established by eyewitness testimony and sketch map; GPS speed evidence not determinative; Failure to call investigator — no adverse inference where investigating traffic officer testified; Special damages — must be pleaded and proved but valuation evidence from TEMESA sufficed and award was within depreciation range.
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16 October 2025 |
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An improperly conducted locus in quo, without oath, cross‑examination or record, vitiates the trial proceedings.
Locus in quo — discretionary but, if conducted, must comply with procedural safeguards: presence of parties, evidence on oath, cross‑examination, full recording, sketch plan if necessary; failure to observe these vitiates proceedings and merits remittal for rehearing.
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16 October 2025 |
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Child-sodomy conviction quashed due to investigative omissions and unresolved doubts despite medical and witness testimony.
Criminal law – Unnatural offence (s.154 Penal Code) – proof of penetration and carnal knowledge; Evidence Act s.135(2) – admissibility of child’s unsworn testimony; preliminary hearing – non-listed witness admissible; PF3 not read – exhibit expunged but oral medical evidence may stand; failure to call investigating officer – adverse inference and safety of conviction; age of victim – minor contradiction not fatal.
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16 October 2025 |
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Whether customary long possession and oral evidence establish ownership and letters of administration merely confer standing.
Land law – customary ownership in rural unsurveyed areas – long uninterrupted use and oral testimony as proof of ownership; Letters of administration – confer legal capacity to sue, do not vest ownership; Appellate review – first appeal court re-evaluates evidence and may make fresh findings; Village resolutions and alleged prior compensation – must be proved and can be rebutted by documentary return of land and credible oral evidence.
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16 October 2025 |
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Non‑compliance with order to summon municipal land officer rendered judgments irregular and prompted quashing and remittal.
Land law – boundary dispute; evidence – materiality of municipal/ survey officer testimony; compliance with superior court order; appellate revision under s.6(2) Appellate Jurisdiction Act; nullification and remittal for rehearing.
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16 October 2025 |
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Appeal allowed: rape conviction quashed for defective identification and insufficient proof of penetration.
Criminal law – Rape – ingredients: penetration, lack of consent, identity; Visual identification and recognition – need for careful analysis of surrounding circumstances (Waziri Amani); Medical evidence and delay in reporting affect proof of penetration; Inconsistencies and omissions in eyewitness testimony undermine conviction.
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16 October 2025 |
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Appellant’s rape conviction and 30‑year sentence upheld: identification and medical evidence found reliable; arraignment delay non‑fatal.
Criminal law – rape – visual identification – Waziri Amani factors; evidence – medical expert opinion admissible under section 52; procedure – oath/affirmation under OSDA; arraignment delay under s.33(1) CPA – not fatal absent shown prejudice.
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16 October 2025 |
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Systemic failure to administer oaths to CMA witnesses vitiated arbitration proceedings, warranting nullification and rehearing.
Labour law — arbitration proceedings — mandatory oath/affirmation of witnesses under G.N. No. 67/2007 and Oaths Act — unsworn evidence vitiates proceedings — systemic omission not curable by overriding objective — remit for trial de novo.
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16 October 2025 |
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Appellant’s rape conviction upheld: identification, penetration and victim’s age sufficiently proved; procedural irregularities non‑prejudicial.
Criminal law – Rape – Identification by recognition at close proximity; corroboration by sibling and medical evidence; statutory rape – proof of age by inference; Evidence Act s.127(2) – promise versus oath for child witnesses; irregular exhibits – expungement and survival of oral corroboration; failure to call corroborative witnesses not necessarily fatal.
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16 October 2025 |
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Including non-parties in a notice of appeal without leave renders the appeal incompetent.
Civil procedure – Appeals – Competence – Inclusion of non-parties in notice/memorandum of appeal without leave; Rule 84(1) service on persons directly affected by appeal; Fatal irregularity; Revisional powers under section 6(2) AJA not available where appeal is incompetent.
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16 October 2025 |
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The CMA lacks jurisdiction to arbitrate disputes from collective bargaining agreements after failed mediation; such arbitration is void.
Labour law – collective bargaining agreements – disputes arising from collective agreements are referred to the CMA for mediation only; if mediation fails the dispute must be referred to the Labour Division of the High Court; CMA has no jurisdiction to arbitrate after failed mediation; arbitration proceedings in such circumstances are void ab initio.
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16 October 2025 |
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Apparent jurisdictional illegality on the face of the record justified extension to seek stay of execution.
Extension of time – stay of execution – good cause – Lyamuya principles; Apparent illegality on face of record (jurisdictional issue) may justify extension; Jurisdiction of High Court (Land Division) to determine matrimonial property/spousal consent versus contractual/ commercial jurisdiction.
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15 October 2025 |
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Failure by the CMA to decide a deferred jurisdictional preliminary objection rendered its award and subsequent Labour Court proceedings a nullity.
Labour law – preliminary objections and jurisdiction – Rule 23(8)-(10) & 23(9) GN No. 67 of 2007 – arbitrator may defer but must decide preliminary jurisdictional points after receiving evidence – failure to decide deferred jurisdictional objection renders award a nullity – remittal to CMA to compose fresh award.
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15 October 2025 |
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Stay of execution granted pending appeal, conditional on a TZS 50,000,000 bank guarantee.
Stay of execution – application under Court of Appeal Rules, Rule 11(5) – security for due performance mandatory but quantum discretionary – court may order security lower than decretal sum – bank guarantee ordered TZS 50,000,000; costs in the cause; non-compliance vacates stay.
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15 October 2025 |
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Failure to tender letters of administration and death certificate when disputed deprives the court of jurisdiction; proceedings nullified.
Administration and locus standi – necessity to tender letters of administration and death certificate when appointment is disputed; annexures to plaint not evidence unless admitted; lack of proof of representative status deprives court of jurisdiction and renders proceedings a nullity; dispute over spousal consent and valuation clause raised but not determined.
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15 October 2025 |
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An alleged joint owner cannot sue alone without proving representative authority; lack of locus standi nullifies proceedings.
* Civil procedure – locus standi – party alleging joint ownership cannot sue alone without pleading and proving representative authority; failure is jurisdictional and fatal. * Representative suits – instrument constituting appointment must be pleaded and attached. * Jurisdiction – defect of locus standi renders proceedings and judgment a nullity; revisional powers to quash.
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15 October 2025 |
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An eight-day delay was properly condoned where confusion over termination date justified late referral and no prejudice was shown.
Labour law – Condonation of late referral to CMA – Rule 11(3), G.N. No.64/2007 – factors: degree of lateness, reasons, prospects of success, prejudice, other relevant factors; CMA discretion must be exercised judiciously; appellate interference only for clear error or misdirection.
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15 October 2025 |
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An appeal to enforce defamation damages abates on the respondent's death because defamation claims do not survive.
* Civil procedure – Appeal abatement on death – Whether defamation claims survive the death of alleged defamer – actio personalis moritur cum persona.
* Court of Appeal Rules, r.105 – joinder of legal representative does not revive causes of action excluded by statute.
* Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, s.9(1) proviso – defamation excluded from survivable causes of action.
* Precedent considered – persuasive authority that appeals to enforce defamation damages abate on death of party.
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15 October 2025 |
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Court upheld the tribunal’s finding of a valid sale agreement and dismissed the appeal with costs.
* Land law – validity of sale agreement – offer, acceptance and consideration – evidential weight of signed sale agreement and contemporaneous witness testimony.
* Appeal – concurrent findings of fact and credibility – second appeal limited to instances of misapprehension, omission or misdirection.
* Procedure – assessors’ participation – names and opinions recorded and reproduced in tribunal judgment.
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15 October 2025 |