Results.
25 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
August 2019
Convictions quashed where charge was incurably defective, proceedings nullified and applicants ordered released.
Appellate practice — Retrial — Retrial not ordered where charge is incurably defective and legally non‑existent — Retrial not permissible where no tangible evidence was adduced
Criminal procedure
— Defective charge — Amendment at trial under CPA s234(1) — Defect incurable on appeal under s388
— Trial conducted by more than one magistrate — Mandatory duty of second magistrate under s.214(2)(a) to inform accused of right to demand recall/re‑hearing of witnesses — Criminal Procedure Act s 214(1)
30 August 2019
Failure to file written submissions cannot be waived under Rule 106(19) without exceptional circumstances; review inappropriate to reargue discretion.
Civil procedure — Court of Appeal Rules 2009, Rules 106(1) and 106(19) — waiver of filing requirements requires exceptional circumstances
Civil procedure — Review under rule 66
— limited to errors apparent on the face of the record
— not an avenue to reargue discretionary rulings
30 August 2019
Review dismissed: failure to file written submissions and lack of error apparent cannot sustain review; applicant to pay costs.
Civil procedure — Court of Appeal Rules, 2009 — waiver
Civil procedure — Preliminary objections — point of law raised from the bar — permissible where no timely objection to the procedure was taken. Right to be heard — non‑compliance with procedural rules does not equate to denial of hearing where party remains before the Court
Civil procedure — Review jurisdiction
— distinction between an error apparent on the face of the record and an attempt to re‑argue merits
— review not an appeal in disguise
30 August 2019
A stay cannot be granted where the impugned judgment grants no rights and therefore is not executable.
Civil procedure — Stay of execution
— security for due performance vs security for costs
— Whether a stay is permissible where the judgment does not grant any right to any party and thus is not executable
21 August 2019
An order that confers no right is not executable and therefore cannot be the subject of a stay of execution.
Civil procedure
— competence of stay application — Requirement that impugned decision produces a decree or executable order
— Stay of execution — Whether an impugned order grants an executable right — An order that confers no right is not executable and cannot be stayed
Contract law — Security — Distinction between security for costs and security for due performance of a decree
21 August 2019
Extension granted to serve a properly endorsed notice of appeal where alleged illegality justified relief despite unexplained delay.
Civil procedure
— Court of Appeal — extension of time — good cause
— illegality as exceptional circumstance — res judicata and misnaming/stranger to proceedings — substantive issues not determined in extension application — service of properly endorsed notice of appeal
16 August 2019
Extension of time granted to serve a properly endorsed notice of appeal due to alleged illegality despite delay.
Civil procedure — extension of time — good cause — accounting for delay — alleged administrative error by Registrar — illegality (res judicata; judgment to stranger) as exceptional ground warranting extension — discretion to grant extension though substantive issues remain for determination on appeal
16 August 2019
Bereavement-related delay justified an extension to serve appeal documents and file submissions; extension granted to the applicant.
Civil procedure
— extension of time
— requirement to account for each day of delay (Lyamuya principle) vs. exceptional circumstances (bereavement) — discretionary exercise to prevent prejudice and promote determination on merits
16 August 2019
Application for review alleging denial of hearing and manifest error dismissed; conviction upheld after appellate re‑evaluation of evidence.
Criminal law
— Criminal liability — Aiding and abetting — Application of section 22 Penal Code (aiding/abetting) and appellate re-evaluation of facts
— accomplice evidence — corroboration by circumstantial and recovery evidence — Accused's conduct as circumstantial corroboration
— review jurisdiction — limited grounds for review: manifest error on face of record, denial of right to be heard, fraud, jurisdictional defect — Appellate Jurisdiction Act s4(4) and Rule 66(1)
14 August 2019
Court allowed limited supplementary record under amended Rule 96(7), finding the procedural amendment applies retrospectively.
Civil procedure
— Court of appeal rules — amended Rule 96(7) (GN 344 of 2019) — power to grant leave to lodge supplementary record suo motu or on informal application
— defective record of appeal — omission of respondent's skeleton submissions
— Overriding objective — favoring resolution on merit and permitting limited supplementation rather than striking out
13 August 2019
A defective record omitting essential documents contravenes Rule 96(1)(k) but amended Rule 96(7) permits leave to lodge a supplementary record.
Civil procedure — Court of Appeal — preliminary objection — defective record of appeal
Civil procedure — Rule 96(7) (GN 344 of 2019) — supplementary record of appeal
— costs to abide outcome
— retrospective application of procedural amendments
— shared duty
13 August 2019
Delay caused by Registrar’s late and incorrect certified Ruling constituted good cause for extension of time to lodge a reference.
Civil procedure — extension of time — good cause — Delay due to Registrar’s late supply and clerical errors — Merits of intended appeal not determinative at extension stage
8 August 2019
Appellant failed to prove disallowed direct-sales costs and did not seek to adduce fresh evidence; appeal dismissed with costs.
Tax law — Income tax-assessment — burden of proof on taxpayer — admissibility/leave to adduce fresh evidence under s17(1)(a) and (2) — disallowance of direct sales/inventory costs for lack of supporting invoices and proof of payment
7 August 2019
Appellant failed to prove disallowed direct sales costs; appeal dismissed for lack of supporting evidence.
Tax law — Income tax-assessment — Whether failure to state reasons for assessment vitiates assessment
Tax law — burden of proof in tax appeals
— Onus on appellant to prove assessment erroneous
— leave to admit fresh evidence under TRAA s17(1)(a) and s18(2)(b)
Tax law — requirement of proof/receipts — Deductibility of direct sales/inventory costs
7 August 2019
Taxpayer failed to discharge the burden to prove disallowed direct‑sales costs; appeal dismissed with costs.
Civil procedure — Admission of fresh evidence on appeal
Tax law — Tax appeals — Disallowance of inventory/direct sales costs
7 August 2019
Applicant's unsubstantiated delay and failure to account for each day justified dismissal of extension application.
Civil procedure — extension of time
7 August 2019
Extension of time refused where applicant failed to account for delay and show diligence; prejudice from 14-year delay was decisive.
Civil procedure — extension of time — duty to account for each day of delay — Prejudice from prolonged delay
7 August 2019
Amended rule permitting late inclusion of omitted appeal documents applies retroactively; applicant must seek Registrar’s permission.
Civil procedure — Appeals — omission of documents from record of appeal
7 August 2019
Amendment to rule 96 rendered extension application unnecessary; applicant should seek Registrar’s permission to file omitted documents.
Civil procedure — Court of appeal procedure — inclusion of omitted documents in record of appeal
7 August 2019
Extension of time granted to apply for revision where ex parte judgment allegedly condemned the applicant unheard.
Civil procedure
— extension of time — alleged illegality of impugned decision — Rule 10 of the Tanzania Court of Appeal Rules, 2009
— Revision — Exercise of revisional jurisdiction without hearing parties — Illegality apparent on the face of the record
7 August 2019
Extension of time granted where delay was excusable and alleged illegality of ex parte judgment justified enquiry on revision.
Civil procedure — extension of time — good cause
— factors: length and reasons for delay, promptness, prejudice, conduct of parties
— illegality of impugned judgment as sufficient reason
Land law — ex parte judgment — whether deprivation of property without affording hearing to non‑party renders judgment irregular/illegal
7 August 2019
Registrar's clerical errors and the applicant's prompt corrective steps justified extension of time to lodge a reference.
Civil procedure — extension of time — Whether delay caused by Registrar's clerical errors can constitute good cause where applicant shows due diligence — Applicant must account for each day of delay
7 August 2019
Conviction quashed for judicial predetermination; circumstantial evidence inadequate and no retrial ordered.
Criminal law
— Charge particulars — Murder imports malice aforethought — Particulars sufficient
— Evidence — Circumstantial evidence — Insufficiency of uncorroborated blood trails and contested last‑seen evidence
Criminal procedure — fair trial — duty of trial court to consider and analyse defence evidence when evaluating prosecution case — Prejudice and nullity of proceedings
1 August 2019
Applicants failed to show good cause for an eight-year delay in seeking extension to file a review; application dismissed.
Civil procedure — extension of time — inordinate delay and lack of diligence — review of final judgments is exceptional — unsubstantiated assertions (no supporting documents) are insufficient
1 August 2019
Second-bite extension refused for failure to account for lengthy delay; clerical heading error held non-fatal.
Civil procedure — extension of time
— clerical misdescription of Notice of Motion not fatal
— discretion to extend time exercised only where sufficient cause shown
— second-bite applications to Court of Appeal are fresh applications and may raise new grounds
1 August 2019