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92 judgments found.
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December 2007
Consent judgments may be attacked in principle, but this cross-division suit was an improper vehicle and appeal is dismissed.
Civil procedure
— Consent judgments — Whether consent decree allegedly procured by fraud, undue influence or coercion can be set aside by separate suit or only by review/appeal
— Remedies — review
Jurisdiction — Division — limits on one High Court division ordering another judge/registry to resume proceedings
28 December 2007
An application dismissed as time‑barred cannot be refiled; the correct remedy is appeal, not a fresh filing.
Administrative law — extension of time to apply for leave for prerogative orders
— Law Reform
— Time limit for leave to apply
Appellate practice — Appellate remedy — proper course is appeal against High Court decision
Limitation law — Limitation of actions
— dismissal of time‑barred suit (not striking out)
— Law Reform
28 December 2007
Applicants failed to show sufficient cause for extending time to appeal; reference dismissed with costs.
Civil procedure
— Appeals — Extension of time — Requirement to show sufficient cause and compliance with Rule 83(1) of the Court of Appeal Rules
— Locus standi — A non‑party to original suit lacks standing to apply — Third‑party objection proceedings cannot be relied upon by non‑parties to excuse failure to appeal
— jurisdiction — extension lies with Court of Appeal — High Court lacks power to grant extension of time to appeal
24 December 2007
Conviction quashed where identification was unsafe, confession's voluntariness unproven, and absent-witness statements improperly admitted.
Criminal law
— confession — caution statement inadmissible absent proof of voluntariness
— hearsay/absent witnesses — inadmissible where s.34 conditions unmet
— identification evidence — visual identification unreliable where victim did not know accused and gave no descriptive particulars (Waziri Aman)
— Robbery with violence
21 December 2007
Reported
A consent judgment may in proper cases be challenged by separate suit, but here the relief sought improperly attempted to direct another judge and was dismissed.
Civil procedure
— Abuse of process — cross-division orders within same High Court
— Consent judgments — remedies for challenging consent decrees (review or appeal with leave) — possibility of separate suit in a proper case
— jurisdiction — limits on one division ordering another judge to reopen concluded matters
21 December 2007
The appeal was struck out because the notice of appeal was time-barred and the prison notice procedure under Rule 68 was not followed.
Criminal procedure — Court of Appeal Rules — Rule 61(1) (notice of appeal), Rule 68 (prisoners’ notice procedure) — requirement to give written notice to officer-in-charge and endorsement/forwarding — non-compliance defeats time exclusion — competence of appeal — striking out where notice time-barred — Rule 44/R.8 applications for enlargement of time must follow striking out.
21 December 2007
A preliminary objection must be a pure point of law; objections requiring proof of facts are dismissed.
Civil procedure
— non-compliance with court-ordered written submissions — effect is equivalent to non-appearance and grounds for dismissal — May equate to absence and permit restoration application but does not itself validate a preliminary objection
— preliminary objection — pure point of law (Mukisa test) — Objection not to be decided on unpleaded facts or evidence adduced at trial
— Revision — Revision is not a substitute for prescribed remedies where available — Existence of remedy does not automatically render revision incompetent
19 December 2007
Administrative registry delay did not constitute sufficient reason for extension; applicant failed to account for delay.
Civil procedure — extension of time
— Sufficient reasons
— administrative registry delay
Evidence — Registry minute sheets — Admissibility as proof of registry actions
19 December 2007
A time‑barred application cannot be revived by refiling in the High Court; the remedy is appeal, not a fresh suit.
Civil procedure
— Limitation of actions — time‑barred applications
— dismissal versus striking out
— relitigation in High Court after limitation determination barred
— remedy against dismissal is appeal to Court of Appeal
18 December 2007
Stay of execution refused where transfer and registration of disputed title made a stay ineffective.
Civil procedure — Court rules
— general rule-making power cannot be invoked where specific
— specific provision for stay of execution governs
Civil procedure — Stay of execution — application overtaken by event where disputed title transferred and registered — stay serves no practical purpose
18 December 2007
Victim identification inadequate and co-accused confessions insufficient alone; recent possession sustained only the first appellant's conviction.
Criminal law
— doctrine of recent possession — recent possession of stolen property may sustain inference of participation in theft/robbery
— identification evidence
Evidence — Cautioned/confessional statements — requirement that voluntariness be ascertainable on the record in subordinate courts
17 December 2007
Unreliable identification and an improperly constituted trial court rendered convictions void; retrial refused and appellants released.
Criminal law — Retrial — not ordered where prosecution evidence is weak and gaps would be filled on retrial
Criminal procedure — Constitution of magistrates' courts — Validity where not presided by a Resident Magistrate — Magistrates' Courts Act s 6(1)(c)
Evidence — Visual identification — criteria for safe identification (Waziri Amani)
13 December 2007
Visual and voice identification by familiar victims upheld; statutory 30‑year minimum sentence for armed robbery in company substituted via revisional powers.
Criminal law
— family witnesses — Competence under Section 127(1) Evidence Act and no requirement for corroboration
— identity evidence — Visual identification — Legal criteria for reliable identification (Waziri Amani v R)
— statutory sentencing — Mandatory minimum sentence — Minimum Sentences Act 1972
12 December 2007
Execution stayed where demolition of applicants' homes would cause irreparable, unquantifiable loss and balance favoured a stay.
Civil procedure — balance of convenience — Demolition of homes causes unquantifiable harm — Stay granted pending appeal
Civil procedure — Stay of execution
— preventing nugatory appeal
— Principles: irreparable loss not compensable by damages
7 December 2007
Subordinate courts cannot vary mandatory bail conditions; statutory deposit may be shared among jointly charged persons.
Criminal procedure — Bail — Mandatory statutory bail conditions for economic offences — Subordinate courts lack power to vary bail in favour of accused (power reserved to High Court) — Evidence: partial/provisional testimony cannot justify varying mandatory bail terms
1 December 2007
November 2007
Circumstantial evidence of conduct and documents can establish knowledge for drug importation; appeal dismissed and sentences upheld.
Criminal law
— Confiscation — vehicle used in commission of offence liable to forfeiture under statute
— Evidence — non-production of seizure documents or laboratory sample goes to weight not admissibility
— Illicit trafficking in narcotic drugs — Knowledge/mens rea proven by circumstantial conduct and documentary trail
— Search and seizure — opening container without warrant permissible under emergency provisions where no prejudice shown
— sentencing — ten-year maximum sentence
23 November 2007
Appeal struck out because the decree did not bear the judgment date as required by law.
Civil procedure
— Appeal — incompetence for defective decree — striking out
— Decree
Limitation law — Limitation — date of decree governs appeal period and execution rights
18 November 2007
Premature cross-appeal filing is curable; unproven special damages fail and 7% interest was reasonable.
Civil procedure — Cross-appeal — premature filing of notice of cross-appeal before service of memorandum — competence where no miscarriage of justice
Civil procedure — Interest on judgment debts
— no basis to increase to 12%
— reasonableness of statutory 7% rate
Evidence — Special damages — burden to prove loss of business by accounts/receipts
13 November 2007
Premature filing of a notice of cross-appeal is curable; unproven special damages and statutory 7% interest upheld.
Civil procedure
— Appellate review — appellate court will not disturb factual findings absent demonstrable error
— competence of cross-appeal — premature filing of notice of cross-appeal not fatal if no miscarriage of justice
— Evidence — special damages
— Interest — statutory rate
13 November 2007
Application to strike out notice of appeal dismissed because respondent’s request for certified copy complied with rule 83(1).
Civil procedure — Notice of appeal
Civil procedure — Rule 83(1) proviso
— application for certified copy to Registrar suspends time
— delay by Registry not attributable to appellant
— inference of receipt
12 November 2007
Stay of execution granted pending appeal where refusal would cause irreparable harm and balance of convenience favors applicant.
Civil procedure
— interlocutory relief — maintaining status quo pending appeal
— Property dispute — possession and eviction — risk of irreparable harm where applicant resides on disputed land
— Stay of execution — factors: prima facie prospects of success, irreparable injury, balance of convenience
6 November 2007
Stay of execution granted where parastatal applicant faced irreparable budgetary harm and appeal might otherwise be rendered nugatory.
Civil procedure — Stay of execution — discretion guided by likelihood of success, irreparable harm, and balance of convenience — parastatal applicant and respondent’s poor financial position — stay granted to avoid rendering appeal nugatory
6 November 2007
An ex parte proof order may be interlocutory in form but conclusive in effect, so a notice of appeal should not be struck out.
Civil procedure — ex parte proof order
— competence of appeal
— interlocutory in form but potentially conclusive in effect
— premature strike-out where related High Court applications pending
Civil procedure — interlocutory orders
2 November 2007
October 2007
Appeal dismissed as time-barred for failure to comply with Court of Appeal Rules' filing and service requirements.
Civil procedure — Court of Appeal — Time limits for instituting appeals
31 October 2007
A sale purportedly made by a deceased person is void; no title passes and the administrator is entitled to repossession.
Civil procedure — Appeal — appellate court may quash and set aside judgments founded on invalid proceedings
Contract law — capacity to contract — Sale by deceased — Void ab initio — Law of Contract Act ss 10, 11
Land law — Transfer of title — Bona fide purchaser for value without notice — Duty to verify vendor's title
29 October 2007
Voir dire omission did not vitiate conviction; totality of child testimony, PF3 and admission upheld conviction and life sentence.
Criminal law — sexual offences
— admissibility and weight of PF3 medical report
— Conviction on evidence of a child of tender years
— Law of Evidence
— sentencing
24 October 2007
Submissions are not evidence; reasons for delay must appear in affidavit and political settlement does not justify a late appeal.
Civil procedure
— Extension of time to appeal — Affidavit formalities
— Order XXXV summary procedure — leave to appear and defend
Limitation law — sufficient cause — Relevance of merits of intended appeal and bona fides of applicant
24 October 2007
September 2007
An application against a repealed statutory body is incompetent; proper substitution and specification are required.
Probate law — De‑specification by GN No.151/2006
— effect on right to sue/appeal
— struck out with costs
Probate law — Succession in title — substitution of parties not by implication
26 September 2007
Illegality (being condemned unheard) can be sufficient reason under Rule 8 to extend time to appeal despite delay.
Civil procedure — extension of time — illegality and breach of natural justice (party condemned unheard) as ground for extension — discretion of single judge
26 September 2007
Denial of hearing (illegality) suffices to extend time for appeal despite inordinate delay.
Civil procedure — extension of time — Illegality/ breach of natural justice (condemned unheard) as sufficient reason — Delay/dilatory conduct not necessarily fatal — Right to be heard vitiates proceedings
26 September 2007
Appeal struck out where documents were filed by an advocate without a practising certificate and leave to appeal was required.
Constitutional law — Elections — Right of appeal under Article 83(4) — Scope limited to matters heard under Article 83(1)(a) — (b)
20 September 2007
Appeal struck out because documents filed by an unqualified advocate were invalid and leave to appeal was required.
Constitutional law — election petitions — Scope of Article 83(4) — Right of appeal limited to matters under Article 83(1)(a) and (b)
Legal profession — unqualified advocate — Practice without a valid practicing certificate — Documents filed by an unqualified advocate have no legal effect (Advocates' Act ss 39, 41)
20 September 2007
Whether a High Court instrument is a decree depends on arising from a suit and conclusively determining parties' rights.
Civil procedure — High Court order — Preliminary objection on record formalities dismissed
20 September 2007
A Registrar-signed decree under Order XLIII rule 1(d) does not render an appeal incompetent; appeal may proceed.
Civil procedure
— Appeal competency — Requirement that a decree be dated and signed (Order XX, r.7(i) CPC) — Whether a Registrar-signed decree renders an appeal incompetent (Order XLIII r.1(d))
— Decree/signature — drawn order signed by Registrar may be corrected by amendment where proper decree is produced — Order XX r.7 and Order XLIII r.1(d) CPC
20 September 2007
Summary dismissal valid; unsworn child evidence required corroboration which medical and confessional evidence provided.
Civil procedure — Appeal review — minor contradictions in testimony not necessarily fatal to prosecution case
Criminal law — corroboration — medical evidence (perforated hymen, bruising) and admission/confession evidence can sufficiently corroborate unsworn child evidence
Criminal procedure — summary rejection of appeals
Evidence — Child witness
19 September 2007
Conviction based on dock visual identification without an identification parade was unsafe for the applicant.
Criminal law — identification evidence — Visual and dock identification
Evidence
— Confessions/caution statements — Involuntariness and exclusion can materially affect prosecution case
— Identification parade
18 September 2007
Conviction based on dock identification without an identification parade after a night-time robbery is unsafe and was quashed.
Criminal law
— caution on value of dock identification — Cautioned statements — voluntariness and exclusion — Safety of conviction where identification is principal evidence
— identification evidence — Dock identification — Identification parade necessary where witnesses are strangers and offence occurred at night/under terrifying circumstances
18 September 2007
An application against a repealed statutory body is incompetent; a successor must be properly substituted before the court.
Administrative law
— Ports Act 2004 s.75 and s.75(6) — Minister’s certificate as conclusive evidence
— procedural competence
— proceedings against a repealed statutory body
— substitution of successor in title
18 September 2007
A Registrar-signed decree under Order XLIII r 1(d) is valid and does not automatically render an appeal incompetent.
Civil procedure — Decree — requirement that decree be signed by trial judge or successor
— decree signed by District Registrar invalid for appeal purposes
— Judge’s signature required when decree is placed before judge
— Registrar may sign when decree not so placed
15 September 2007
A single Judge properly dismissed an application for want of prosecution where incompetence was not raised.
Civil procedure — Court of appeal rules
— rule 44: requirement to start certain applications in the High Court before the Court of Appeal
— rule 56(3): single Judge’s power to dismiss applications for want of prosecution
Civil procedure — Restoration of dismissed applications — no specific rule
14 September 2007
Extension of time granted where delay caused by defective certificate of delay and respondent's strike-out application; applicants acted diligently.
Civil procedure — Court rules (1979)
— defective certificate of delay
— diligence in prosecuting appeal
— exercise of court's discretion
— extension of time
— no provision for supplementary certificate
— precedent: Kermal
— strike-out application as pre-emptive obstacle
— Tanzania Revenue Authority
12 September 2007
Applicant’s arrest and unproven allegation about counsel are insufficient to obtain an extension of time to appeal.
Civil procedure
— extension of time — Sufficient cause for delay — arrest occurring years after impugned decision and unproven allegations about counsel insufficient
— Reference — Court will not admit fresh facts or submissions not presented to the single judge
12 September 2007
Failure to conduct proper voir dire for child witnesses and procedural breaches rendered the conviction unsafe; corporal punishment unlawful.
Criminal law — Corporal Punishment — Illegality where not authorised under Section 131(3) Penal Code
Criminal procedure — PF3 (medical report) — compliance with s.240(3) Cr.P.C — Right to summon report-maker for cross-examination and evidentiary consequences of non-compliance
Evidence — Child witness voire dire — unsworn/unreliable evidence without voir dire — Section 127(2) Evidence Act
11 September 2007
Amendment limiting pension payments does not violate Article 23’s protection of wages ('ujira') and is not retrospective.
Civil procedure — Statutory interpretation
— clear and unambiguous language
— presumption against retrospectivity
11 September 2007
Objection proceedings under Order XXI focus on possession, not title; erroneous ruling quashed and matter remitted to another judge.
Appellate practice — Revisionary jurisdiction — exercise of revisional powers — Power to call for and examine High Court records and quash proceedings to correct misdirection
Civil procedure — Order XXI Rules 57, 58, 59 — Objection to attachment by third parties — Scope of enquiry limited to possession not title
6 September 2007
August 2007
A receiver of a specified public corporation lacks locus standi in an appeal if it was not a party at trial; joinder refused.
Administrative law — Bankruptcy Act s.9(1) — protection of specified public corporation and requirement of leave for creditors
Administrative law — Locus standi
— a receiver/PSRC not entitled to be joined in appeal if not party at trial
— joinder and amendment of record at appellate stage
Administrative law — Specification of public corporation — PSRC as official receiver
29 August 2007
Inordinate delay and insufficient reasons justified refusal to enlarge time to file a review application.
Civil procedure
— extension of time — Application to extend time to file review
— limitation — Extra‑judicial remedy does not suspend running of limitation period
— Review — requirement of formal review application — Letter to Chief Justice not substitute
23 August 2007
A subsequent suit directly and substantially the same as a prior suit must be stayed, not dismissed, under section 8.
Civil procedure — Res sub judice
17 August 2007
Applicant permitted to substitute respondent's name; adding new documents requires Rule 92, not Rule 104.
Civil procedure — amendment of record of appeal
17 August 2007
Stay pending appeal granted conditionally; applicant must deposit full decretal amount after failing to prove irreparable loss.
Civil procedure — Stay of execution pending appeal
— Allegation that appeal has overwhelming chances of success is insufficient ground for stay
— deposit of decretal amount as condition
9 August 2007