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Citation
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Judgment date
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| November 2023 |
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Denial of cross‑examination of one witness warrants expungement of that evidence, not automatic nullification of the entire trial.
Criminal procedure – preliminary hearing (s.192 CPA) – non‑compliance curable where accused represented; Evidence – right to cross‑examination (s.147 Evidence Act) – failure may require expungement of affected testimony; Substitution of offences (s.300 CPA) – cannot substitute to non‑cognate/equally serious offence; Appellate review – reassessment after expungement; Consent to prosecute – Regulations apply only to listed specified offences.
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17 November 2023 |
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A review succeeds only for obvious, patent errors on the face of the record, not for re-evaluation of evidence.
Criminal law – Review of Court of Appeal decision – Scope of review limited to manifest error on the face of the record, fraud, or denial of hearing; manifest error must be obvious and patent; disagreement with evaluation of evidence is not a ground for review; review cannot be used as an appeal in disguise.
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16 November 2023 |
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Stay of execution granted pending appeal where substantial decretal sum risked rendering appeal nugatory, subject to bank guarantee.
Civil procedure – stay of execution pending appeal – Rule 11 Court of Appeal Rules: notice of appeal, timely application, undertaking to furnish security, and irreparable loss; balancing decree-holder’s interest and appellant’s right to appeal; conditional stay by bank guarantee.
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16 November 2023 |
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Applicant’s complaints required re‑evaluation of evidence and thus amounted to an appeal, so review application was dismissed.
Procedure — Review of Court of Appeal judgment — Rule 66(1) ACR — manifest error on face of record must be obvious; appeal in disguise not reviewable; jurisdictional complaints distinct from dissatisfaction with findings. Evidence — Allegation of fresh evidence on appeal — requires demonstration, otherwise matter for appeal. Affidavit practice — deponent affirming on behalf of another without power of attorney may be allowed if no prejudice and overriding objective applies. Land law — co-ownership dispute and evaluation of title and transfer deed issues involved but not determinative on review.
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15 November 2023 |
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Notice of Appeal struck out for failure by the respondents to take required steps under rule 90(5) of the Rules.
Court of Appeal — Civil procedure — Striking out Notice of Appeal under rule 89(2) — Duty of intending appellant under rule 90(5) to follow up Registrar for appeal records — 2019 amendment displaces “home and dry” rule — Prolonged inaction justifies striking out.
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15 November 2023 |
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Applicant's delay not excused: financial hardship and vague alleged illegalities insufficient to justify extension of time.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules — Applicant must show good cause: account for entire delay, demonstrate diligence, and explain any point of law of sufficient importance (Lyamuya guidelines). Financial hardship — Generally not sufficient ground for extension absent exceptional circumstances. Illegality — Alleged irregularities must be apparent on the face of the record or clearly pleaded and elaborated to justify enlargement of time. Lack of diligence/negligence — Militates against granting extension.
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14 November 2023 |
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Review limited to patent errors in the Court’s own judgment; applicant’s factual/procedural complaints were misplaced.
Review — scope of review under rule 66(1): limited to the Court's judgment or order; not a rehearing or appeal; manifest error on the face of the record; allegations of nullity, fraud or perjury require substantiation; labour dispute — no costs order.
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14 November 2023 |
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An application for stay of execution filed outside the 14-day period under rule 11(4) is time barred and non-justiciable.
Civil procedure — Stay of execution — Rule 11(4) of the Tanzania Court of Appeal Rules — 14-day time limit from service of notice of execution or awareness of execution proceedings — computation of time; Jurisdiction — Time limitation goes to jurisdiction — Court cannot hear time-barred stay application; Procedure — Preliminary objection on time bar; Labour law — no costs order in labour matters.
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13 November 2023 |
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Applicants granted extension to appeal after court found prior procedural setbacks and law change constituted sufficient cause.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules 2009 — Good cause required — consideration of technical delay and prior defective or struck-out applications. Civil procedure — Accounting for delay — requirement to explain each day, but technical delay and subsequent supply of ruling may justify short unexplained intervals. Appeals — Change of law removing leave requirement — effect on pending attempts to obtain leave.
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13 November 2023 |
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10 November 2023 |
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Applicant granted stay of execution pending appeal, conditional on deposit of a bank guarantee for the decretal amount.
Civil procedure — Stay of execution — Rule 11 Court of Appeal Rules 2009 — timeliness under rule 11(4); conditions under rule 11(5) (substantial loss and security); compliance with rule 11(7) documentary requirements; bank guarantee as appropriate security.
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8 November 2023 |
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Applicant failed to show an obvious manifest error on the face of the record; review dismissed as appeal in disguise.
Civil procedure — Review jurisdiction — Rule 66(1)(a) — Manifest error on the face of the record — narrow residual power. Evidence/admissibility — Reliance on annexure allegedly not tendered — re‑assessment of evidence not permissible in review. Probate/administration — Revocation of administrator’s appointment — distinction between revocation before closure and after discharge/inventory. Procedural law — Review should not be used as an appeal in disguise; mere disagreement with merits is not reviewable.
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8 November 2023 |
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Review denied: alleged failure to address bonafide purchaser and reliance on non‑record document did not show manifest error.
Appellate review — inherent power to review decision — limited by rule 66 and requires manifest error on face of record; review not for re‑evaluation of evidence or raising new issues; documents not admitted in evidence cannot be relied upon; distinction from cases where an extraneous exhibit vitiated judgment.
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8 November 2023 |
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A notice of appeal was struck out for failure to take essential steps to prosecute the appeal under Rule 89(2).
Civil procedure — Appeal procedure — Notice of appeal — Striking out for failure to take essential steps to prosecute appeal — Rule 89(2) Court of Appeal Rules. Labour law — procedural relief — no order as to costs in labour matters.
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8 November 2023 |
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Second-bite leave granted; time under Rule 45(b) runs from Registrar’s certificate and jurisdictional issue merits appeal.
Civil procedure — Leave to appeal (second bite) — Computation of fourteen-day period under Rule 45(b) — Role and certificate of Registrar excluding time for preparation — Rule 90(1) guidance on excluded period — Jurisdictional point of law (territorial jurisdiction) may be raised at leave stage.
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7 November 2023 |
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Failure to record parties' choice on assessors in a land trial renders proceedings null and mandates an expedited retrial.
Land law – High Court Registries Rules 1984 (as amended by G.N. Nos. 63/2001 and 364/2005) – requirement for Judge to sit with two assessors in land disputes unless parties agree otherwise – necessity to record parties' choice and names of assessors – failure to record renders proceedings a nullity – retrial ordered.
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3 November 2023 |