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26 judgments found.
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September 2019
Review application dismissed for lack of manifest error; applicant failed to substantiate service with affidavit, appeal remained time-barred.
Civil procedure — Review jurisdiction — manifest error on the face of the record required to be obvious and self-evident
Civil procedure — Review vs appeal
— factual disputes and re-examination of credibility cannot be resolved by review
— would amount to appeal in disguise
27 September 2019
Appellate proceedings quashed where appellant was denied right to be heard and court ruled in his absence without proof of service.
Appellate practice — Court of Appeal revisional powers s.4(2) AJA — Quashing judgment and remitting record under s.4(2) Appellate Jurisdiction Act
Criminal law — Appeal procedure — Right to be heard (audi alteram partem) — Article 13(6)(a) Constitution
Criminal procedure — Appeal competence — incompetent appeals should be struck out not dismissed — Memorandum of appeal
26 September 2019
Commercial Division may hear loan claims secured by mortgage; notice of default is a factual matter requiring evidence.
Civil procedure — Preliminary objections — Notice and service — Service and sufficiency of default notice are factual matters, not pure points of law (Mukisa principle)
Jurisdiction — Commercial Division
— High Court
— Whether commercial jurisdiction is ousted by land‑related elements
23 September 2019
A dismissal under Order XVII r3 CPC is a decree appealable as of right; leave to appeal is not required.
Civil procedure
— Appealability — Order striking out suit may be final and appealable — Whether an order dismissing a suit under Order XVII r 3 CPC is a decree appealable as of right under s 5(1)(a) of the AJA
— striking out notice of appeal — grounds: no appeal lies or essential step not taken — Not required where impugned order is a decree and appealable as of right
20 September 2019
Court held the trial court's judgment and decree valid under Order XX and refused to quash them under section 4(2) AJA.
Appellate practice — Revisionary powers — Court of Appeal may invoke s.4(2) AJA to quash defective proceedings and remit for proper judgment
Civil procedure — Judgment and decree — Compliance with Order XX Rules (4) and (5) and Order XX Rule 6(1) CPC (decision on framed issues and specification of reliefs)
20 September 2019
Unexplained succession of judges during trial vitiates proceedings and warrants nullification and remittal for rehearing.
Civil procedure — irregular change of presiding judges
— entire proceedings liable to be nullified and remitted for rehearing
— individual judge calendar
20 September 2019
Application for stay struck out because the impugned decree was declaratory and not executable.
Land law — Stay of execution — executability of decree
— competency of stay application
— declaratory orders not executable
— title revocation and vesting in the State impede execution
20 September 2019
Successor judges' failure to record reasons for taking over a partly heard trial renders proceedings a nullity and requires retrial.
Civil procedure
— Overriding objective principle — Cannot be used to override mandatory procedural requirements that go to the foundation of a case
— Proceedings nullity — Quashing proceedings and remitting for fresh trial
— succession of judges in partly heard trial — Requirement to record reasons for takeover — Failure vitiates proceedings
11 September 2019
Successor judges' failure to record reasons under Order XVIII r.10(1) CPC renders the proceedings a nullity.
Civil procedure
— remedy — Quashing of proceedings, setting aside judgment and remitting for fresh trial
— Succession of judges
Jurisdiction — Procedural irregularity going to jurisdiction — overriding objective principle cannot cure jurisdictional defects
11 September 2019
Failure to read and explain the memorandum under s192(3) CPA nullifies the preliminary hearing and mandates a fresh hearing.
Appellate practice — Revisionary jurisdiction — nullification and order for hearing de novo
Criminal procedure — preliminary hearing (s192) — Requirement to read and explain memorandum and exhibited statements to the accused (Section 192 Criminal Procedure Act)
Evidence — tendering and admission of exhibits — Tendering, opportunity to object and reading aloud — PF3
10 September 2019
Expiry of probation does not automatically confirm employment; a still‑probationary resigning employee cannot claim ELRA Part III Sub‑Part E remedies.
Employment law
— confirmation depends on contractual conditions — entitlement to remedies — right to be heard where issue of probation was litigated in earlier proceedings
— probationary employment — expiry of probation does not automatically confer confirmation
9 September 2019
A probationer not confirmed remains on probation and cannot claim ELRA unfair‑termination remedies.
Employment law
— probationary employment — expiry of probation does not automatically confer confirmation
— unfair termination — eligibility to claim unfair termination under section 35 of the ELRA
Natural justice — Right to be heard — appellate tribunal raising un‑pleaded issue suo motu without affording parties hearing
9 September 2019
Failure to comply with section 234(2) CPA when altering a charge renders the trial nullity; no retrial where evidence insufficient.
Administrative law — Judicial review — Amenability of delegated/subsidiary legislation to judicial review — Appellate court cannot invalidate regulations absent judicial review
Criminal procedure — Amendment of charge — Mandatory reading of amended charge and calling for plea — Criminal Procedure Act s234(2)
Environmental law — Forest law — import permit may be obtained post‑importation
9 September 2019
The applicant's failure to account for each day of delay justified denial of extension to file a reference.
Civil procedure
— Court of Appeal
— Illegality as ground for extension
9 September 2019
Reference dismissed: applicant failed to account for delay and alleged illegality was not apparent or pleaded.
Civil procedure — Court of Appeal — Reference — Extension of time — Good cause
9 September 2019
A stay of execution application is premature and incompetent unless accompanied by security and a notice of intended execution.
Civil procedure — Stay of execution — cumulative conditions for stay — prematurity where application relies on hearsay
9 September 2019
Stay of execution application struck out for failure to provide security and notice, rendering it premature.
Civil procedure — Stay of execution
— Court of Appeal Rules, r.11(3),(4),(5) — Necessity of security or firm undertaking
— Proper notice of execution — Requirement to attach notice of intended execution (Rule 11(7)(d))
9 September 2019
Failure to read and explain the memorandum of undisputed facts to the accused vitiated the preliminary hearing; proceedings nullified and remitted.
Criminal procedure — Preliminary hearing — Memorandum of matters agreed
— Mandatory duty
— Transfer
9 September 2019
High Court improperly decided an unpleaded ownership dispute after the underlying eviction order was quashed.
Land law — execution of court orders
Land law — scope of suit founded on eviction order
— admissibility and evidential value of documents annexed to pleadings
— court may not decide unpleaded ownership dispute suo motu
— prior civil proceedings that neither adjudicated ownership nor granted title do not vest ownership
5 September 2019
Applicant failed to show good cause or apparent illegality to justify extension of time for revision.
Civil procedure — extension of time
— Good cause test (Lyamuya factors): account for delay, length, diligence, and other sufficient reasons
— Lyamuya guidelines
Probate law — Distribution of estate — Alleged illegality in judgment
5 September 2019
Applicant failed to show good cause or an apparent illegality to justify extension of time to seek revision.
Civil procedure — Illegality as ground for extension — Requirement that illegality be apparent on the face of the record (Lyamuya principle) and relevancy to discretion — Valambhia principle
Civil procedure — Notice of motion — notice and affidavit complementary
Civil procedure — extension of time
— Lyamuya guidelines
— criteria for good cause (Lyamuya)
5 September 2019
Extension granted where delay excused by bona fide pursuit of appeal and alleged manifest illegalities justified revision.
Civil procedure — extension of time — good cause — pursuing appeal and refusal of leave — excusable delay
Civil procedure — Revision
— Alleged illegality apparent on face of record (assessors, succession of Judge, recall of witness, mediation irregularity) justifies extension
— single Justice not to pre‑judge merits
4 September 2019
High Court erred by deciding ownership sua sponte after the eviction order central to the suit had been quashed.
Land law — Land
— Documents annexed to pleadings require formal tender to have evidential value
— Execution of eviction order
— Parties entitled to be heard on newly raised issues
— Prior civil proceedings failing to vest title do not establish ownership
— Trial court improperly deciding ownership sua sponte
3 September 2019
Applicant granted conditional stay pending appeal subject to depositing TZS 16,200,700 bank guarantee within 45 days.
Civil procedure — Stay of execution — requirement of no unreasonable delay and demonstration of substantial loss — firm undertaking for security suffices — conditional stay on bank guarantee
2 September 2019
Extension granted where apparent illegality on the High Court record justified relief despite counsel's delay.
Civil procedure
— extension of time — duty to account for each day of delay — Rule 10 Court of Appeal Rules
— Illegality as ground for extension — Illegality may be sufficient if obvious on face of record and properly pleaded — Illegality as sufficient cause to extend time
2 September 2019
Reported
Court granted 60-day extension to file revision, finding apparent illegality in High Court proceedings.
Civil procedure — extension of time — illegality apparent on face of record as sufficient cause — Rule 10 Court of Appeal Rules
2 September 2019