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299 judgments found.
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March 2019
Applicant’s preliminary objection filed under wrong rule was incompetent and struck out; each party to bear own costs.
Civil procedure — Court of appeal rules — preliminary objection — applicant
12 March 2019
Failure to serve the respondent with a written application for High Court copies precluded time exclusion under Rule 90 and the appeal was struck out.
Civil procedure — Appeal competency
12 March 2019
A single High Court judge lacked jurisdiction to determine an Industrial Court appeal; matter remitted to a full bench.
Industrial Court appeals — jurisdiction — requirement for High Court full bench to hear appeals from Industrial Court; Written Laws (Miscellaneous Amendments) Act No.11 of 2003 — preliminary objections on time‑bar and notice — competence of appeal — remedy: quash and remit to full bench.
12 March 2019
Applicant granted limited extension to file witness statements; rule 49(2) mandatory but travel difficulties justified relief, trial judge erred procedurally.
Civil procedure — Commercial Court — Witness statements
— Timing of filing
— mandatory compliance
Civil procedure — Commercial Division
Civil procedure — distinct purposes
Civil procedure — extension of time — good cause — Travel/distance may constitute sufficient explanation to grant extension
11 March 2019
A signed letter of lien created a continuing, co‑extensive guarantee permitting the bank to uplift the guarantor’s renewed FDR without notice.
Banking law — letter of lien
— continuing guarantee
— guarantor’s liability co‑extensive with principal debtor
— renewal/renumbering of FDR does not nullify lien where not discharged
— uplift of fixed deposit receipt as security
8 March 2019
A signed letter of lien created a continuing, co‑extensive guarantee permitting the bank to uplift the pledged fixed deposit.
Banking law — letter of lien — guarantee
— continuing/co‑extensive liability of guarantor
— requirement (or not) for lien to be in loan agreement or mortgage deed
— right of bank to uplift pledged fixed deposit on default without prior notice
8 March 2019
Successor‑Judge s299(1) omission cured by lack of prejudice; assessors’ clarifications and clinical officer post‑mortem admissible; murder conviction upheld.
Criminal procedure
— Appellate review — substantive justice (s3A AJA) and evaluation of malice aforethought factors
— Forensic evidence — clinical officer competent to conduct post‑mortem
— successor Judge duties — omission non‑fatal where no prejudice and accused represented
6 March 2019
Failure to inform accused under s299 is not fatal without prejudice; assessors' clarificatory questions and clinical officer's post‑mortem were valid.
Evidence — role of assessors — Recording of assessors' opinions and distinction between clarification and cross‑examination (s177 Evidence Act)
Evidential weight of medical (PF3) and witness testimony — Medical evidence (PF3) — Competency of clinical officer to conduct post‑mortem — Admissibility of post‑mortem report
Trial procedure — Trial judge's duty — Successor judge's duty under section 299 Criminal Procedure Act — Failure to inform accused of right to have witnesses re‑summoned
6 March 2019
Whether delay in obtaining the drawn order from the Registrar justified extension of time to apply for revision.
Civil procedure
— extension of time — Delay in obtaining court records — Exercise of judicial discretion under Rule 10
— Reference under rule 62(1)(b) — interference only if discretion misdirected or facts misapprehended
6 March 2019
Court corrected its judgment: awarded CMA entitlements, set aside inadequate High Court award, and quashed only disciplinary committee proceedings.
Civil procedure — Review of Court of Appeal judgment — error apparent on face of record — Correction of omission
Labour law
— Disciplinary procedure — right to be heard and to appeal — Quashment limited to disciplinary committee proceedings
— unfair dismissal — Remedial discretion (reinstatement v compensation under s.40(1) ELRA)
5 March 2019
Notice of appeal struck out where respondent failed to institute appeal within prescribed time; overriding objective cannot cure such default.
Appellate practice — Appeal procedure — striking out notice of appeal for failure to take essential step
Appellate practice — Rule 90(1) and (2) — time limits for lodging record and exceptions
Appellate practice — service of process
— overriding objective
— sufficiency of acknowledgment and rubber stamp
5 March 2019
Notice of appeal struck out for failure to institute appeal within prescribed time; overriding objective cannot cure egregious default.
Civil procedure — Appeals
— lodging record and memorandum of appeal
— requesting and serving copy of proceedings
— striking out notice of appeal
Civil procedure — Procedure
Civil procedure — Service of documents — rubber stamp/signature as proof of service
5 March 2019
The applicant obtained a stay of execution pending appeal, conditional on depositing a bank guarantee for the decretal sum.
Appellate practice — Appeal procedure — timeliness of stay application and conditional stays
Civil procedure — Security for stay
— court may prescribe form and timeline
— firm undertaking/bank guarantee may suffice
Civil procedure — Stay of execution pending appeal
5 March 2019
Failure to inform the appellant of s299 rights and assessors' clarification questions were non‑prejudicial; conviction for murder upheld.
Criminal procedure — Trial procedure — Successor judge obligations
Evidence — admissibility of post‑mortem by clinical officer — clinical officer competent to perform autopsy — Post‑mortem report admissible where examiner testifies and is cross‑examined
Evidence — role of assessors — Permissible scope of questions under section 177 Evidence Act
— Questions limited to clarification
— not cross‑examination
4 March 2019
High Court has discretion under section 362(1) CPA to proceed without prior typed proceedings; appeal dismissed and remitted.
Civil procedure — Compliance with s.365(1) — notice and supply of proceedings. Right to fair hearing
— adequate opportunity to be heard
— no abuse of discretion
Civil procedure — preliminary objection — improper where it seeks to challenge legitimate judicial discretion
Criminal procedure — Appeal
1 March 2019
1 March 2019
February 2019
Court stayed execution pending appeal, finding the High Court decree executable and Rule 11 stay conditions satisfied.
Civil procedure — Stay of execution under rule 11 — executability of High Court decree — decree ordering reinstatement or compensation is executable
28 February 2019
Failure to address an unrepresented accused under section 231 CPA vitiated the trial, quashing conviction and remitting the case.
Civil procedure
— Non-compliance with s.231 — fundamental procedural irregularity — vitiates proceedings where accused unrepresented and injustice occasioned
— remedy — quashing of conviction and remittal for fresh proceedings before different magistrate
Criminal procedure — duties of trial court at close of prosecution case — explanation of substance of charge and rights of accused
Family law — Child sexual assault — medical PF3 evidence and witness identification considered but proceedings nullified on procedural ground
28 February 2019
Non‑compliance with section 231 CPA where accused is unrepresented vitiates the trial and mandates retrial.
Criminal law
— Child witness evidence — voir dire requirement and consequences of non‑compliance — Competence and procedural recording of voir dire
— Trial procedure — Right of accused to be addressed on giving evidence or calling witnesses — Section 231 Criminal Procedure Act
28 February 2019
Notice of appeal struck out where the intending appellant failed to institute the appeal within mandatory time and had no entitlement to an extension.
Civil procedure — Court of appeal rules
Civil procedure — Rule 90(1)
— overriding objective
— service of process (proof by rubber stamp and signature; absence of affidavit in reply)
— time for lodging record and exception on requesting proceedings)
27 February 2019
Non‑compliance with section 231 CPA (failure to explain defence rights) vitiated the trial; conviction quashed and matter remitted for rehearing.
Criminal procedure
— Criminal Procedure Act s.231 — Duty to explain accused’s rights at close of prosecution — Non‑compliance vitiates proceedings where injustice occasioned
— Retrial/Remittal — Defective judgment and retrial/remittal — Rehearing before different magistrate
Evidence — Child witness voire dire — unsworn/unreliable evidence without voir dire — Raised but not determinative where procedural irregularity required nullification
26 February 2019
A revision filed after Rule 65(4)'s sixty-day limit is time-barred unless Rule 10 extension is granted.
Civil procedure — Revision
— no exclusion for time awaiting record
— time bar
25 February 2019
Review allowed and execution ruling vacated for failure to consider applicants' affidavit claiming the decree had been satisfied.
Civil procedure
— Competence — Requirement to attach drawn order/decree — Chiku Hussein Lugonzo precedent
— Execution — Execution by arrest — Arrest and detention as civil prisoner
— Review — Manifest error on the face of the record — Failure to consider decisive material
25 February 2019
The applicant proved delivery and debt acknowledgment; awarded TZS 256,357,201.99 plus 7% interest; damages unproven.
Commercial law — sale of goods
— acknowledgement of debt by signed confirmation of balance
— entitlement to decretal sum
— interest awarded at court rate (7%)
— proof of delivery by delivery notes and invoices
20 February 2019
A non‑party may seek revision when no appeal exists but cannot improperly implead strangers without proper notice or evidence.
Civil procedure
— Joinder of parties — striking out improperly joined party — Requirements of notice of motion and Rule 48(1) Tanzania Court of Appeal Rules
— Revision — Non-party affected by a decision may apply for revision where no right of appeal exists — Appellate Jurisdiction Act s 4(3)
20 February 2019
Appeal dismissed: overdraft not converted to term loan; settlement acknowledgment valid; debt remained outstanding.
Commercial law
— Appellate review — factual findings on compliance and voluntariness upheld
— overdraft facility — alleged conversion to term loan — correspondence showing consideration but not approval
— Post‑expiry payments — do not discharge accruing interest where no approved variation exists
— Settlement agreement — acknowledgement of debt and repayment terms — not induced by undue influence
20 February 2019
Whether overdraft converted to term loan, whether debt was fully paid, and whether settlement was signed under undue influence.
Contract law
— Interest — Whether post‑maturity payments extinguished the debt and whether interest calculations were objectionable
— overdraft facility — Whether the overdraft was converted into a term loan where conditions for conversion were not complied with
Evidence — Coercion/undue influence — Whether a post‑default settlement/acknowledgement was signed under undue influence
20 February 2019
Revision filed after Rule 65(4)'s sixty days is time‑barred; applicant should seek extension under Rule 10.
Civil procedure
— computation of time — exclusion of period required to obtain copy of proceedings, judgment or order — Rule 65(4) Court of Appeal Rules
— extension of time — Application under Rule 10 — Rule 10, Court of Appeal Rules
Limitation law — Applicability of the Law of Limitation Act to Court of Appeal proceedings — Section 43(b) Law of Limitation Act
19 February 2019
Advocate's bona fide mistake in venue constituted sufficient cause to restore a dismissed reference to serve substantive justice.
Civil procedure — Court of appeal rules, r.63 — restoration after dismissal for non-appearance — advocate's bona fide mistake as sufficient cause — substantive justice prevails over technical procedural bar
13 February 2019
Unsigned letter of intent and parties’ conduct created a binding contract; principal debt awarded but unpleaded interest denied.
Commercial law — Commercial contracts — Letter of Intent — unsigned document may be binding where conduct constitutes acceptance
Commercial law — Evidence — invoices and uncontradicted witness testimony establish outstanding debt
Commercial law — High Court (Commercial Division) Procedure Rules — recording of proceedings
Commercial law — Interest
— cannot be awarded if not specifically pleaded and proved
— Distinction between penalty and interest
Commercial law — Stamp Duty Act — unstamped LoI not fatal where conduct proves contract
11 February 2019
Court upheld extension of time to appeal based on alleged illegality and respondent's diligent pursuit of appeal.
Civil procedure — Appeal and extension of time — Delay caused by failure to obtain copies of proceedings and judgment — Diligence and prejudice in exercise of discretion
Civil procedure — Extension of time to appeal
— illegality of impugned decision as sufficient ground for extension — Court's discretionary power under Rules 2 and 10
— negligence/inattention of counsel not a sufficient excuse — Diligence and prejudice considered
8 February 2019
Substitution of a party’s name without a court order and an unexplained judge successor vitiate proceedings; retrial ordered.
Civil procedure
— Appeals — Registrar’s certificate of delay ineffective where wrong party named
— change of party’s name in proceedings — requirement of formal court order for substitution
— succession of judges in partly heard trial — failure vitiates subsequent proceedings
8 February 2019
Court allowed correction of procedural defects by ordering inclusion of signed notice and missing invoice within 30 days.
Civil procedure
— Notice of appeal — Form D requirements
— Overriding objective — courts may allow correction of procedural defects to serve justice — Rule 4(2)
— Record of appeal — Requirement that all documents admitted in evidence form part of the record — Rule 96(1)(f)
8 February 2019
Stay of execution granted where applicant timely showed likely substantial loss and furnished acceptable security (certificates of occupancy).
Civil procedure — Stay of execution — requirements: timely application within 14 days, proof of substantial loss, and provision of security — undertaking and production of certificates of occupancy as acceptable security — Registrar to custody titles
7 February 2019
Timely Rule 11 application with undertaking and titles satisfied requirements; stay of execution granted pending appeal.
Civil procedure
— Execution — stay pending determination of intended appeal
— Security for stay — undertaking supplemented by certificates of title accepted
— Stay of execution
7 February 2019
Change of party name without a court order renders appeal time‑barred; successor judge’s failure to give reasons vitiates proceedings.
Appellate practice — Revisionary powers — Court of Appeal may nullify, quash and set aside void proceedings under s.4(2) AJA — Power to quash proceedings and order retrial where procedural irregularities affect integrity of trial
Civil procedure
— Pleadings — amendment and substitution of party — Effect on certificate of delay and appeal time‑limits
— Trial procedure — successor magistrate to record reasons for taking over trial — Failure vitiates proceedings
6 February 2019
6 February 2019
An unsigned letter of intent plus parties' conduct can create a binding contract; unpleaded interest cannot be awarded.
Commercial law — Commercial division procedure — recording of hearings and transcript safeguards
Commercial law — Contract formation
— Admissibility and stamp duty considerations
— Distinction between contractual penalty and interest
— Pleading and proof requirements for awarding interest
— unsigned Letter of Intent and acceptance by conduct
6 February 2019
5 February 2019
Unsigned notice and omitted exhibit made the record defective; court allowed correction under the overriding objective.
Appellate practice — Appeal procedure — notice of appeal
5 February 2019
Whether the applicant proved contracts, an implied one‑month payment term, and entitlement to claimed commercial interest.
Commercial law
— Carriage of goods — Existence and proof of contract — Documentary evidence and deemed admission under Order VIII rule 5
— Contract — Terms of payment — Implied one‑month payment term from invoicing and VAT obligations
— Interest — commercial (pre‑judgment) interest — Requirement of evidence of mercantile custom or express agreement and award of post‑judgment interest at court rate
5 February 2019
4 February 2019
4 February 2019
Unordered change of a party's name and unreasoned judge succession vitiated proceedings and warranted retrial.
Appellate practice — Certificate of delay — Certificate defective where issued in respect of a name not formally before the court — Court of Appeal Rules r.90(1),(2)
Civil procedure
— Succession of judges — Successor judge must record reasons for taking over a partly heard trial (Order XVII r.10(1))
— change of party name — Requirement of a formal court order for substitution (Order I r.10(2))
4 February 2019
January 2019
30 January 2019
Application for stay pending appeal dismissed for failure to prove substantial loss and to furnish or undertake security.
Civil procedure — Stay of execution pending appeal
4 January 2019
A revision application is incompetent where a party's unwithdrawn notice of appeal has been lodged; application struck out.
Administrative law — Attorney general — joinder as interested party — Office of the Attorney General (Discharge of Duties) Act
Civil procedure
— Competence — Revision against a decision already dealt with on appeal and pending before the Court of Appeal is incompetent — Court of Appeal Rules r.91(a)
— revision jurisdiction — pending notices of appeal/stay of execution oust revision — Appellate Jurisdiction Act s 4(3)
1 January 2019
Suing a specified public corporation without court leave deprives the court of jurisdiction; judgment quashed.
Administrative law — Public corporations — specified public corporation declared by Government Notice — PSRC as official receiver
1 January 2019
Omission of an acknowledged counterclaim from the decree invalidates the decree; rehearing ordered.
Civil procedure — Counterclaim — Duty of trial court to decide counterclaim once raised — Omission of counterclaim decision renders decree invalid
1 January 2019