|
Citation
|
Judgment date
|
| December 1992 |
|
|
Applicant’s Court of Appeal costs partly allowed; excessive subsistence claims reduced; respondent ordered to pay shs.476,430.
Costs – Taxation – Court of Appeal taxing officer limited to Court of Appeal costs; withdrawals of lower-court costs; requirement of receipts to substantiate claims; reasonableness of subsistence, accommodation and travel claims; disallowance of security for costs; item-by-item taxation and reduction of excessive claims.
|
22 December 1992 |
|
Procedural non-compliance may be excused where important legal issues are raised; Government must pay Court fees and security in civil appeals.
Civil procedure — Court of Appeal Rules 76, 77, 83 — service of notice of appeal and application to Registrar — Registrar’s certificate under rule 83(1) — extension of time to serve — Government liability for court fees and security for costs in civil appeals — discretion under rule 8 to overlook procedural non-compliance where substantial point of law (alleged illegality) raised.
|
18 December 1992 |
Civil Practice and Procedure - Court ofAppeal Rules - Letter to Registrar applying for copy of proceedings - Copy of letter not served on respondent - Whether applicant is duty bound to serve copy of letter to Registrar to respondents - Whether there is a time limit within which to serve copy ofthe letter- Rule 83 (i) of the Court ofAppeal Rules construed.
Civil Practice and Procedure - Court ofAppeal Rules - Notice of motion does not specify reliefs sought - Accompanying affidavit specifies reliefs sought - Oral address specifies reliefs sought - Whether the affidavit and/or the oral address specifying reliefs sought can take care ofthe inadequacy in notice of motion.
Civil Practice and Procedure - Court ofAppeal Rules - Application for extension of time to serve respondents with a copy letter to Registrar applying for a copy of the proceedings not mentioned in the notice of motion - Relief sought specified in the affidavit and mentioned when orally addressing the Court - Whether the application for extension of time was properly before the court.
Civil Practice and Procedure - Court ofAppeal Rules - Payment of court fees and security for costs by Government - Government expressly exempted from paying court fees in respect of criminal applications and criminal appeals before the Court ofAppeal - Rules are silent on payment of court fees and security for costs by Government in respect of civil matters before the Court ofAppea.l Whether the Government to pay court fees and security for costs in respect of civil matters before the Court ofAppeal.
Civil Practice and Procedure - Court of Appeal Rules - Long-established tradition that Government does not pay court fees and security for costs - Whether such tradition can be a basis for exempting Government from paying court fees and security for costs in respect of civil matters before the Court ofAppeal.
Civil Practice and Procedure - Court ofAppeal Rules - Application for extension of time to pay court fees and security for costs - illegality of decision being challenged - Whether sufficient reason C to allow the application |
18 December 1992 |
Land Law - Disposition of land - Failure to comply with Regulation 3(1) of the Land Regulations, 1948 - Effect. Contract - Delay in payment of balance of price - Repeated demand letters - Whether right to be paid as per contract thereby waived - Whether breach of contract - Whether right to rescind contract accrues |
18 December 1992 |
Statutory interpretation - Offence committed before a new law came into force - Whether offence punishable under the new law - S.49 Interpretation of Laws and General Clauses Act, 1972. |
17 December 1992 |
| November 1992 |
|
Criminal Law - Murder- Provocation - Provocative incidents taken together - Whether defence of provocation available. Criminal law - Murder - Self-defence - Spearing the deceased from the back while pursuing him - Whether the defence of self-defence defence available |
27 November 1992 |
Criminal law Murder - Provocation - Stopping appellant from taking rice and throwing an axe at him - Whether the defence of provocation is available. Criminal law - Murder - Self-defence - Whether available where the deceased is not armed. |
27 November 1992 |
Civil Practice and Procedure - Court of Appeal Rules - Application for stay of execution - Notice of appeal not lodged |
16 November 1992 |
|
Appeal allowed: 20‑year sentences exceeded the penalty in force at time of offence and were reduced to 10 years.
Criminal law – Sentencing – Illegality of imposing a sentence heavier than the penalty in force when the offence was committed – Constitutional prohibition on retrospective aggravation of punishment; substitution of lawful sentence on appeal.
|
9 November 1992 |
|
Appellate judge finds irresistible impulse (insanity) negated criminal responsibility and urges modern interpretation of section 13.
Criminal law — Insanity — Section 13 Penal Code — Irresistible impulse as a species/variation of insanity — McNaughten rules outdated — Trial judge's confusion between section 13 (insanity) and section 200 (malice aforethought) — Weight of psychiatric evidence versus contemporaneous family history (epilepsy, prior violence, local treatment).
|
4 November 1992 |
|
An applicant cannot obtain a section 5(2)(c) certificate from the Court of Appeal; the High Court alone certifies points of law.
* Appellate jurisdiction – section 5(2)(c) Appellate Jurisdiction Act – certificate of point of law – High Court is the certifying authority; no concurrent jurisdiction in Court of Appeal to issue certificate on application; remedy is appeal against High Court refusal.
|
4 November 1992 |
| October 1992 |
|
|
Leave to appeal out of time refused where the High Court decision involved credibility findings and no point of law.
* Civil procedure – leave to appeal out of time – requirement of a point of law for appeal to Court of Appeal – appellate leave refused where decision based on credibility findings.
* Delay – procedural mistake by counsel – delay attributable to counsel’s error not enough to justify leave where no point of law arises.
|
30 October 1992 |
|
Applicant's emergency absence justified restoration, but respondent's inordinate delay and mismanagement warranted striking out the notice of appeal with costs.
Civil procedure – restoration of dismissed application under Rule 58(3) – sufficient cause (emergency attendance at mine and transport difficulties); Civil procedure – striking out notice of appeal for inordinate delay and inadequate explanation – consequences and costs.
|
28 October 1992 |
Civil Practice and Procedure - Stay of execution - Necessity of reasonable grounds for its grant. |
14 October 1992 |
| August 1992 |
|
|
|
28 August 1992 |
Tort - Defamation - Defence of qualified privilege - Publication to a person not having a corresponding interest and duty to receive the publication - Whether defence available Labour Law - Employment - Wrongful termination - Employee's right to be heard before termination. |
26 August 1992 |
Court of Appeal Rules - Motion - Whether a motion is an application at the time of filing - Failure to serve a copy ofthe letter applying for a certified copy of proceedings upon the respondent - Failure to serve notice of appeal upon the respondent - Whether an application to save an appeal is entertainable. |
24 August 1992 |
|
|
18 August 1992 |
Islamic Law Wakf- Whether a valid wakfcreated |
18 August 1992 |
|
Court upheld murder conviction based on dying declaration, confession, and medical evidence rejecting accidental‑fall defence.
Criminal law – murder – reliance on dying declaration and accused’s confession – credibility of medical and lay witnesses – accidental fall defence – causation where death occurs days after injury.
|
17 August 1992 |
|
Convictions quashed where co-accused’s exculpatory statement was inadmissible and single counsel created a conflict of interest.
Criminal law – murder – admissibility of extra-judicial statements – Section 33 Evidence Act – exculpatory statements inadmissible against co-accused; Conflict of interest – single defence counsel for co-accused – right to fair trial; Retrial discretionary – delay and weak prosecution evidence may make retrial contrary to interests of justice.
|
17 August 1992 |
Criminal Law - Murder - Cause of death. |
14 August 1992 |
| July 1992 |
|
Court of Appeal Rules - Appeals - Appeal to the Court ofAppeal - Whether leave ofthe High Court is always necessary. Civil Practice and Procedure - Temporary Injunction - Material considerations for its grant. |
24 July 1992 |
|
An interlocutory injunction was granted pending appeal where the High Court’s order was a preliminary decree and restoration of possession prevented public hardship.
Civil procedure – Appellate jurisdiction – preliminary decree v final decree – leave to appeal; Temporary injunction pending appeal – possession of suit premises; Factors for interlocutory injunction: continuance of business, prejudice to applicant, public hardship, value of transactions.
|
24 July 1992 |
|
Notice of appeal struck out for inordinate delay and unsatisfactory burglary excuse; respondents failed to institute appeal.
Civil procedure – Appeals – Notice of appeal struck out where essential steps to institute appeal were not taken within time; delay and inordinate lapse; burglary/loss of record not a sufficient excuse without prompt action; practitioner’s duty to apply timely for extension of time.
|
17 July 1992 |
|
The court dismissed an application as an abuse of process after repeated adjournments and listings, invoking its procedural powers.
* Civil procedure – adjournment – repeated listings and repeated requests for postponement – abuse of process – court’s power under procedural rule to refuse adjournment and dismiss application.* Civil procedure – partly heard application – previous partial hearing by another judge does not preclude dismissal to prevent abuse of process.
|
17 July 1992 |
Civil Practice and Procedure - Court of Appeal Rules • Reference - Point of law involved - Whether the said point constitutes sufficient reason to allow the reference. |
3 July 1992 |
Civil Practice and Procedure - Application - Consolidation of applications - Rationale. Civil Practice and Procedure - Stay of execution - Of only part of the award - Whether proper. |
2 July 1992 |
| June 1992 |
|
Criminal Practice and Procedure - Jurisdiction - Whether Court of Appeal has revisional jurisdiction. Court of Appeal Rules - Jurisdiction - Whether Court of Appeal can reinstate judgment of a District Court reversed by the High Court without a cross-appeal by the Republic to the Court of Appeal - S.4(2) Appellate Jurisdiction Act 1979 and s. 36 of the Tanzania Court of Appeal Rules, 1979. Court of Appeal Rules - Criminal Appeals to Court of Appeal - Procedure and practice - Appellate Jurisdiction Act 1979 and the Tanzania Court of Appeal Rules, 1979. |
29 June 1992 |
|
Limitation runs from receipt of missing parts or assurance they are complete; Registrar’s certificate can be examined but minor errors may be harmless.
Court of Appeal practice — time limits and rule 83(1) certificate; effect of incomplete record — limitation does not run until missing parts supplied or assurance given; Registrar's certificate examinable; harmless clerical error in certificate not fatal.
|
19 June 1992 |
Court ofAppeal Rules - Limitation for filing appeals - When does time start to run - At the time of receiving proceedings or when a certificate of assurance of completeness of record of proceedings is given |
19 June 1992 |
|
Failure to comply with Rule 57 and leave requirement renders the appeal application incompetent and it is struck out.
Appellate procedure – Requirement of leave under section 5(1)(c) Appellate Jurisdiction Act – Rule 57 Court of Appeal Rules – informal application to single judge or written application to Registrar within seven days – failure to comply renders appeal application incompetent – application struck out, interim injunction maintained.
|
19 June 1992 |
|
Respondent utility not liable for a house fire absent cogent evidence linking the fire to its service line; internal wiring owner’s responsibility.
Negligence — Utility liability for fire damage — Causation and burden of proof — Distinction between service line responsibility and owner’s internal wiring — Utility investigation report as evidence.
|
19 June 1992 |
|
Long possession and delay can defeat a belated land claim based on an inconsistent pawn story; appeal allowed with costs.
Land law — adverse possession and laches — long uninterrupted possession (since 1952) can defeat a late claim; pawn/mortgage allegations must be credible and supported by evidence; appellate review of factual findings where lower courts conflicted.
|
19 June 1992 |
Evidence - Confession - Cautioned statement of a person who is alive and available, admitted under section 34 Evidence Act - -Whether proper. ‘ Evidence - Confession - Murder - Admission by appellant that he 1 had assaulted his mother - Whether confession of murder. |
17 June 1992 |
|
Absence of the principal State Attorney cannot be cured by a police prosecutor’s presence; dismissal for non‑appearance upheld.
Criminal procedure — non‑appearance of prosecutor/complainant — dismissal under Criminal Procedure Act — role and limits of police (day‑to‑day) prosecutor as substitute for principal State Attorney — appellate review of wrongful reversal.
|
17 June 1992 |
Bills of Exchange - Negotiable instruments - Cheque - Payee gives assurance cheque has been cleared and consequently delivers the goods bought - Later same payee informs cheque has not been cleared and seeks restoration ofthe goods - Whether goods can be restored - Whether there is failure of consideration |
17 June 1992 |
Civil Practice and Procedure - Proceedings ex parte - Right of absent party to notice of judgment. Civil Practice and Procedure - Court of Appeal Rules - Extension of time within which to institute an appeal - Essential information not disclosed - No sufficient reason given |
6 June 1992 |
| May 1992 |
|
|
Confessional statements admissible if voluntary; conviction cannot rest solely on a co‑accused’s uncorroborated confession.
Criminal law – admissibility of extra-judicial/confessional statements – voluntariness and trial-within-a-trial; Evidence Act s.33 – effect of co‑accused confession; retracted and uncorroborated confessions – danger of convicting solely thereon; identification evidence and common intention doctrine; appeal — quashing conviction for lack of independent evidence.
|
20 May 1992 |
| April 1992 |
|
Civil Practice and Procedure - Jurisdiction - Application for leave to appeal to Court of Appeal under section 5(2)(c) Appellate Jurisdiction Act, 1979- Whether Court of Appeal has concurrent jurisdiction with High Court. Family law - Appeals - From High Court to Court of Appeal - On point of law or mixed law and fact - Whether leave to appeal is a prerequisite - Section 80(4) Law of Marriage Act, 1971. |
22 April 1992 |
| March 1992 |
|
|
Minister’s decision void where respondent was denied hearing after employer failed to serve its memorandum.
Administrative law; Security of Employment Act (Cap. 574) s.43 – duty to allow reasonable time for memoranda; service of employer's memorandum on employee; natural justice – right to be heard; validity of Ministerial decision; distinction between summary dismissal and termination; declaratory relief to impugn administrative acts.
|
31 March 1992 |
|
Reliable eyewitness identification and the accused's inconsistent statements justified upholding the murder conviction.
Criminal law – Murder; Eyewitness identification — recognition in good lighting and prior acquaintance; Credibility — inconsistent statements of accused; Appeal — sufficiency of evidence beyond reasonable doubt.
|
26 March 1992 |
|
Execution stayed pending appeal where High Court’s power to proceed ex parte and applicable procedure were in dispute.
* Civil procedure – Stay of execution pending appeal – Where High Court’s power to proceed ex parte and applicable procedural rule (Order 9 r.6 v. Order 8 r.14(1)) is in dispute, stay may be granted to preserve status quo pending appeal.
|
26 March 1992 |
| February 1992 |
|
Civil Practice and Procedure - Convictions in Criminal case - Whether or not conclusive ofthe commission of the offence by the accused for purposes of a civil suit. Civil Practice and Procedure - Written Statement of Defence - Whether the Advocate can sign on behalf of his client. Civil Practice and Procedure - Written Statement of Defence - Amendment of- Without leave ofthe court - Whether fatal to the proceedings |
28 February 1992 |
|
A criminal conviction conclusively establishes negligence but does not bar alleging contributory negligence in civil claims.
Evidence Act s.43A – effect of final criminal conviction as conclusive evidence in civil proceedings; contributory negligence remains cognizable in civil suits – Civil Procedure Code O.6 R.14 (signature of pleadings by advocate/substituted service) – O.8 R.13 (amendment without leave) – court’s discretion to overlook procedural irregularity where no prejudice.
|
28 February 1992 |
Islamic law - Inheritance - Principles of inheritance where a person dies intestate; Islamic law - Inheritance - Importance of proximity to the deceased person in intestate succession. |
28 February 1992 |
|
Under Sunni‑Shafi'i intestacy, residuaries take the residue and distant (uterine) kindred are excluded.
Islamic succession (Sunni-Shafi'i) – Classification of heirs (Sharers, Residuaries, Distant Kindred) – Exclusion rules – Residuary excludes distant kindred; representation doctrine not applicable.
|
28 February 1992 |
|
Under Sunni Islamic intestacy residuary agnates take before distant uterine kindred; representation does not apply.
* Islamic succession – classification of heirs (Sharers/Koranic heirs; Residuaries/Asabah; Distant Kindred) – rule of exclusion between classes.
* Residuary (agnate) entitlement – where a residuary exists, distant uterine kindred are excluded.
* Proximity (nearness in degree) relevant within classes but does not displace classificatory rules.
* Doctrine of representation is not applicable in Islamic intestacy.
|
28 February 1992 |
|
The court quashed lower‑court proceedings after finding the DPP abused his discretion in entering a nolle prosequi and issuing a bail certificate.
* Criminal procedure – Prosecutorial discretion – Entry of nolle prosequi – Limits on DPP’s powers – Must be exercised in public interest and interests of justice; abuse of process reviewable. * Bail – Certificates affecting admission to bail – procedural requirements and limits. * Judicial review/revision – High Court’s power to quash proceedings where prosecutorial powers are improperly exercised. * Abuse of process – prosecutorial misuse of discontinuance and certificates contrary to lawful procedure.
|
10 February 1992 |
| January 1992 |
|
|
Appeal against a 25-year manslaughter sentence dismissed; trial judge's consideration of mitigation and severity of offence upheld.
Criminal law — Sentencing — Appeal against sentence — Conditions for interference (manifest excess, ignored circumstances, wrong in law) — Manslaughter arising from mob justice — Assessment of mitigation — Determinate long sentence versus practical meaning of life imprisonment.
|
1 January 1992 |