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299 judgments found.
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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
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
July 2019
Alleged illegality must be apparent on the record to justify extension of time to appeal.
Civil procedure — extension of time — good cause
30 July 2019
An allegation of illegality must be clearly specified and apparent on the record to justify extension of time.
Civil procedure — extension of time — alleged illegality as good cause — dismissal with costs
30 July 2019
Filing a notice of appeal against a miscellaneous stay order does not automatically oust the High Court's jurisdiction over a separate main suit.
Appellate practice — Appellate jurisdiction — notice of appeal — whether filing a notice of appeal in a miscellaneous application to stay proceedings for arbitration ousts the High Court's jurisdiction over the related main suit
30 July 2019
Section 88 and related regulations cover imported timber; past import documents can lawfully account for possession, so acquittals upheld.
Criminal law — Wildlife and forest offences — unlawful possession of government trophy and forest produce — Whether section 88 and Regulations 10 & 57 cover imported timber
Criminal procedure — charge-sheet requirements — Subsidiary regulation forbidding importation (G.N. No. 181 of 2007 reg 2) does not create an offence and need not be cited
Evidence — Documentary evidence — Past import certificates and transit passes — Relevance to accounting for possession of seized timber
29 July 2019
Victim's credible testimony and corroboration upheld; PF3 expunged for failure to produce its author for cross‑examination.
Criminal law — Unnatural offence against a child — Credibility of victim evidence
Criminal procedure
— Judicial power to summon witnesses — Calling witness after defence evidence/closure
— admissibility of medical report (PF3) — duty to inform accused of right to require summon of report‑maker under s.240(3) CPA — PF3 expunged
26 July 2019
Alleged fraud and delay did not amount to good cause for extension of time to seek revision; application dismissed with costs.
Civil procedure
— extension of time
— Illegality as ground for extension
Legal profession — Allegations of fraud against advocate — serious allegations
25 July 2019
Defective charge and trial irregularities led appellate court to quash convictions and order immediate release.
Criminal procedure
— Appellate revisional powers — nullification and quashing of proceedings
— breach of s.235 CPA — remedy depends on case facts
— Defective particulars — defect not curable
— Trial evaluation of defence — error to form conclusion before assessing defence
25 July 2019
A robbery charge omitting the person targeted is incurably defective, nullifying convictions and precluding retrial.
Criminal procedure — Charge particulars
— omission renders the charge incurably defective and occasions failure of justice
— proceedings nullified
— retrial inappropriate where no valid charge exists
— Robbery
25 July 2019
A conviction based on a charge citing non-existent provisions was declared a nullity; conviction quashed and appellant released.
Criminal procedure — Charge sheet — Incorrect or non-existent statutory citations — incurable defect — prejudice to accused
25 July 2019
Stay of execution granted pending appeal where rule 11(7) complied and an undertaking to provide security sufficed.
Civil procedure — Appeals — Leave to appeal
Civil procedure — Security for stay
— Court to give directives where appropriate
— firm undertaking to furnish security is sufficient
Civil procedure — Stay of execution
Family law — Matrimonial proceedings — division of matrimonial assets — conditional stay and surrender of registration documents
19 July 2019
A stay of execution was granted pending appeal where Rule 11(7) requirements were met and an undertaking plus surrender of registration documents secured the stay.
Civil procedure
— Security for stay — firm undertaking to furnish security is sufficient — Surrender of registration documents as specific security
— Stay of execution pending appeal — three cumulative conditions: no undue delay, prevention of substantial loss, and adequate security — Compliance and timing
Family law — Division of matrimonial property — Whether requirement of leave to appeal precludes stay pending appeal
19 July 2019
Extension of time granted where alleged irregularities raised an arguable illegality despite a long delay; fraud claims not resolved here.
Civil procedure — extension of time
19 July 2019
Court granted extension to file revision, finding alleged illegality on record justified delay despite five‑year lapse.
Civil procedure
— Right to be heard — allegations unsupported by record will not overturn appellate findings — Serious fraud allegations require evidence and are not determined in an extension application
— extension of time — Whether illegality on the face of the record justifies extension of time to file revision — Rule 10 of the Court of Appeal Rules
19 July 2019
Failure to join and hear a necessary party rendered the High Court settlement orders void and the matter was remitted for rehearing.
Civil procedure — Joinder of necessary parties — Joinder of necessary parties (CPC Order I r.10(2) and r.3) — Court’s power to add or remove parties (Order I R.9 & R.10(2))
18 July 2019
Court held dismissal valid: Board decided dismissal; Ag. DHR merely communicated it; appeal dismissed.
Administrative law — Authentication of documents — Paragraph 9(1) — (3) First Schedule, Ports Act — Applicability limited to instruments/contracts, not internal correspondence
Labour law
— Disciplinary procedure — Notification of Board decisions — Validity of management communication as formal notice
— dismissal and disciplinary authority — Whether dismissal by unauthorized official is unfair
18 July 2019
Conviction for armed robbery quashed due to failure to consider defence and defective exhibits and PF3s.
Criminal law — Armed robbery — admissibility of medical evidence — Compliance with section 240(3) CPA
Criminal procedure
— Chain of custody — integrity and documentation of exhibits required to rely on recent possession — Effect on reliance upon recent possession (section 38(3) CPA)
— duty to evaluate defence evidence — Misdirection if defence evidence ignored — Failure to consider defence evidence vitiating conviction
18 July 2019
Extension of time to seek review dismissed for failure to show good cause and to plead Rule 66(1) grounds.
Criminal procedure — Extension of time to apply for review — Requirement to show good cause and establish delay by evidence — Requirement to plead grounds for review under Rule 66(1) in the notice of motion/affidavit (not first raised orally)
18 July 2019
Applicant failed to show good cause for delay to apply for review; extension refused and application dismissed.
Criminal procedure — Extension of time to apply for review — Delay caused by applicant’s inaction — Application dismissed
18 July 2019
Stay of execution granted pending appeal where applicant showed good cause, timely filing and undertook to provide security.
Civil procedure — Court of Appeal — stay of execution pending appeal
Civil procedure — Rule 11(3) and 11(5) Tanzania Court of Appeal Rules
— conditional stay on bank guarantee
— delay
— good cause
— security
— substantial loss
— undertaking to furnish security sufficient
18 July 2019
Second appeal: unraised grounds struck out, uncounselled cautioned statement expunged, conviction sustained, sentences reduced and ordered concurrent.
Criminal law — Criminal appeal — second appeal
— appellate reduction of excessive sentence for first offender
— identification and recovery of stolen property as proof of guilt
— new grounds not raised in first appeal struck out
17 July 2019
Second‑bite extension of time denied where applicant failed to account for lengthy delay and affidavit was misconceived.
Civil procedure
— Appeals — Extension of time — Second‑bite applications treated as fresh applications
— Procedure — Clerical error in notice of appeal amendable
— extension of time — duty to account for each day of delay
15 July 2019
Failure to serve the notice and supporting affidavit under Rule 55(1) renders the application incompetent and it was struck out with costs.
Civil procedure — affidavit evidence required
— application struck out with costs
— statements from counsel are not evidence
Civil procedure — Court of Appeal — extension of time — procedural requirements for applications
Civil procedure — Rule 10 — cannot be invoked by oral submissions to prove facts
Civil procedure — Rule 55(1) (service of notice and affidavit) — non‑compliance fatal
10 July 2019