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Citation
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Judgment date
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| December 2020 |
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Reliance on a Will not admitted in evidence vitiated probate proceedings; caveat unresolved — retrial ordered.
Probate law — Caveat procedure under PAEA — documents attached to caveat not admitted are not evidence (Order XIII Rule 7(2) CPC) — successor judge taking over partly heard case (Order XVIII Rule 10(1) CPC) — failure to determine caveat renders subsequent grant/appointments void — retrial ordered.
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31 December 2020 |
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Failure to amend the charge after nolle prosequi rendered the trial unfair, nullified conviction and warranted retrial.
Criminal procedure – joinder and duplicity – duplicity assessed from particulars of offence at charging stage, not from evidence. Criminal procedure – nolle prosequi under s.91(1) CPA – duty to amend or substitute information after withdrawal of charges against some accused; trial court may order amendment under s.276(2) CPA. Fair trial – accused must be tried on a charge to which they pleaded; failure to amend/read over an amended charge may render trial a nullity
Curability – procedural defect of this nature not cured by s.388 CPA
Remedy – conviction quashed, retrial ordered before another judge with new assessors; time served to be credited
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28 December 2020 |
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A second request to file a supplementary record is barred by Rule 96(8); omission of vital exhibits makes the appeal incompetent.
Civil procedure – Court of Appeal Rules, r.96(7) & (8) – leave to file supplementary record – mandatory bar against similar subsequent applications. Civil procedure – completeness of record of appeal – Rule 96(2) – omission of exhibits renders appeal incompetent. Procedural law – overriding objective (oxygen principle) – cannot be used to override mandatory procedural provisions
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24 December 2020 |
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Conviction quashed where child’s unsworn evidence lacked required voir dire and independent corroboration.
Criminal law – grave sexual abuse – charge drafting – typographical error in statutory citation not fatal where particulars disclose offence; Evidence – child witness – voir dire required (prior to 8 July 2016) and unsworn child evidence requires corroboration; Evidence – adult witness – testimony taken without oath/affirmation (s.198 CPA) is of no value; Procedure – s.210(3) CPA on reading evidence is for witness; Procedure – s.132 CPA requires reasons; conviction unsafe where based on uncorroborated child evidence.
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24 December 2020 |
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The applicant’s revision was barred because the High Court's dismissal of preliminary objections was interlocutory and non‑final.
Appellate Jurisdiction Act s.5(2)(d) – interlocutory orders not appealable or revisable unless they finally determine the suit; Revision jurisdiction s.4(3) – scope and limits; Companies Act s.233 – shareholder petitions; Appealability – final vs interlocutory orders; Drawn order vs ruling – no confusion found.
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24 December 2020 |
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Cautioned statement recorded beyond statutory time expunged; recent-possession evidence sustained and appellant’s appeal dismissed.
Criminal procedure – cautioned statements – mandatory compliance with statutory time limits (s.50 & s.51 CPA); Evidence – doctrine of recent possession – identification and ownership issues; Search and seizure – emergency searches under Criminal Procedure Act; Appeal – evaluation of credibility and re-appraisal of circumstantial evidence.
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24 December 2020 |
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Appeal struck out for non-compliance with order to include omitted essential documents in the Record of Appeal.
Court of Appeal Rules — Rule 96 — omission of essential documents/exhibits from Record of Appeal — supplementary record — inability to procure endorsed exhibits — Rule 96(3) remedies — GN No. 344 of 2019 — Rule 96(7) and (8) — competence of appeal — striking out appeal.
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24 December 2020 |
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Conditional stay of execution granted pending appeal where applicant timely applied and undertook to provide a bank guarantee.
Civil procedure — Stay of execution — compliance with Rule 11(4), (5) and (7) — timeliness, security and required documents; undertaking to furnish bank guarantee sufficient if Court sets time limit; conditional stay pending appeal.
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17 December 2020 |
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Court granted ex parte stay of execution of tax tribunal decree pending inter partes hearing due to urgency and risk of loss.
Civil procedure – interim relief – ex parte stay of execution under Rule 11 Court of Appeal Rules, 2009; tax law – execution of tax decree by agency notice to bank; balance of convenience and urgency; compliance with Rule 11(6).
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14 December 2020 |
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Court granted ex parte stay of execution pending inter partes hearing after applicant complied with Court of Appeal Rules.
Civil procedure – Stay of execution – Ex parte order under Rule 11(6) of the Court of Appeal Rules
Court of Appeal Rules 2009 – Rule 11(7) documentary requirements – notice of appeal, decree, judgment, notice of intended execution. Security for performance of decree – offer to furnish security as factor in granting stay. Risk of irreparable harm – potential surrender of title and detention as civil prisoner justifying interim relief
Costs – ordered in the cause
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10 December 2020 |
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Extension of time refused for inordinate delay, failure to account for days, and no demonstrable illegality.
Extension of time under Rule 10 — requirements: length of delay; reasons and accounting for each day; arguable illegality must be apparent; prejudice to respondent — inordinate five‑year delay; lack of evidence of illness; absence of impugned judgment; application dismissed with costs.
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7 December 2020 |
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Court allowed judicial review: passport seizure could be lawful but year-long retention was unreasonable, ordering investigation finalised in 60 days and return of passport.
Administrative law – judicial review of executive action – seizure and retention of passport – legality under Passports and Travel Documents Act and Immigration Act – reasonableness and delay in administrative investigations – right to freedom of movement – remedies: certiorari and mandamus.
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4 December 2020 |
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Failure to lodge and serve a notice of appeal renders an appeal incompetent and is struck out.
Civil procedure — Appeal to Court of Appeal — Notice of appeal mandatory — Rules 83, 84, 90 and 96 — Notice initiates appeal process — Failure to lodge or serve notice renders appeal incompetent — Striking out appeal.
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4 December 2020 |
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Validity of cooperative-society transfer upheld; claimed mesne profits of Tshs.200,000 monthly were not proven.
Land law – Sale and transfer of right of occupancy within a cooperative society – internal society formalities for relinquishment and acquisition of membership – effect of caveat on completion of transfer. Land law – Requirement of President/Commissioner’s approval under Land Regulations 1948 – application depends on facts and administrative process
Remedies – Mesne profits – nature as compensation for wrongful possession and evidentiary requirements for quantifying monthly amount (need for receipts or lease agreements)
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4 December 2020 |
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Defective charge and inconsistent prosecutorial consent/certificate deprived the court of jurisdiction; proceedings quashed and appellant released.
Criminal law — Defective charge and wrong statutory citation; appellate substitution of charge; consent to prosecute and certificate conferring jurisdiction under EOCCA; jurisdictional defect rendering trial a nullity; retrial inappropriate.
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4 December 2020 |
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Appeal struck out with costs for incomplete record; Rule 96(8) bars further supplementary filings after leave already granted.
Court of Appeal – Record of appeal – completeness – omission of chamber summons and affidavits – Rule 96(1),(2)
Court of Appeal Rules – Rule 96(6),(7),(8) – supplementary record – leave to cure omissions – once-only remedy under subrule (8). Civil procedure – procedural irregularities in registration/numbering of appeals and applications – noted but not decisive
Relief – appeal struck out with costs for non-compliance with record provisions
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3 December 2020 |
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Unsworn child testimony needs proper voire dire and corroboration; improperly tendered medical report expunged and conviction quashed.
Evidence Child witness voir dire; unsworn evidence requires corroboration. Hearsay incapable of corroborating unsworn child testimony. Documentary exhibits must be tendered by competent witnesses and read out after admission; prosecutor cannot act as witness. Procedural irregularities and misapplication of facts may vitiate conviction
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2 December 2020 |
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Conviction quashed where child’s evidence was improperly admitted and medical report did not identify the perpetrator.
Criminal procedure – defective charge – citation of non-existent subsection – curability under section 388 CPA when particulars disclose essential facts
Evidence Act s.127(2) – child witness must promise to tell the truth before giving evidence; failure renders evidence of no evidential value. PF3 (medical report) – requirement to read out after admission; failure renders report improperly acted on. Medical evidence – may prove sexual assault but does not identify perpetrator; identification/corroboration still required. Standard of proof – prosecution must link accused to offence beyond reasonable doubt
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1 December 2020 |
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Notice of appeal struck out where respondent failed to apply for leave to appeal and did not justify non-compliance.
Appeal procedure – leave to appeal from High Court exercising original jurisdiction – s.47(1) Land Disputes Courts Act – Rule 45(a) Court of Appeal Rules – failure to take essential step – Rule 89(2) strike out – absence of respondent/affidavit – 2018 amendment not retrospective.
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1 December 2020 |
| November 2020 |
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Court granted fee exemption to an indigent applicant to file an extension of time to seek revision of a High Court decision.
Civil procedure – exemption from court fees – indigent persons – definition and test for indigence; evidence of unemployment and advanced age as sufficient proof
Court of Appeal Rules – Rule 128 applies to appeals not civil applications; Rule 4(2)(a)(b) applicable to exemption from fees for civil applications; use of proviso to Rule 48(1) to amend Notice of Motion. Access to justice – inability to pay fees should not bar rightful access; Government revenue or history of unsuccessful litigation not determinative
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25 November 2020 |
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Child's affirmed evidence corroborated by medical report upheld conviction; procedural defects curable; sentence enhanced to life.
Criminal law – sexual offences against a child – child's evidence on affirmation under s.127(2) Evidence Act – medical corroboration – admissibility and credibility; Criminal Procedure Act s.210 (recording and read-over), s.231 (reading substance of charge) – procedural non-compliance curable under s.388; variance between charge and evidence as to date curable under s.234(3); appellate review where defence was not considered; sentence for offence against child: life imprisonment under amended law.
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18 November 2020 |
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Proceedings before a court lacking the DPP's certificate under EOCCA s.12(3) are null; retrial in the proper court ordered.
Economic offences – EOCCA s.12(3) – mandatory DPP certificate to confer jurisdiction on subordinate court – jurisdiction vests in court not judicial officer – trial in wrong court nullity – appellate power under AJA s.4(2) to quash proceedings and order retrial.
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16 November 2020 |
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A stay of execution is available only for an executable court decree or order; a dismissal is not executable.
Stay of execution — only executable court decrees/orders can be stayed; dismissal order not executable and cannot be stayed; court cannot restrain sale of property where right to sell does not originate from a court decree; GN No. 362/2017 introduced procedural requirements but prior law already required executability.
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16 November 2020 |
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Stay-of-execution application struck out as time-barred; amendment to procedural rule did not revive expired rights.
Civil procedure – Stay of execution – Timing under rule 11 – Whether application time-barred. Statutory interpretation – Retrospective effect of amendments – Procedural versus substantive effect. Court of Appeal Rules (G.N
No. 362 of 2017) – rule 11(4) fourteen-day filing period. Non-compliance with service requirements (rule 55(1)) – procedural consequence. Competence of application where execution commenced earlier
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16 November 2020 |
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13 November 2020 |
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Application to strike out notice of appeal was premature and abusive while a related Reference challenging extension remains pending.
Civil procedure – premature application to strike out notice of appeal where an earlier Reference challenging grant of extension is pending; abuse of process (riding two horses)
Court of Appeal Rules – interplay of Rules 90 and 91 and timing for taking essential steps to prosecute an appeal; effect of pending Reference on ability to strike out. Procedural fairness – striking out applications should await resolution of antecedent proceedings that directly affect the notice of appeal
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13 November 2020 |
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Child witness’s testimony lacked the mandatory promise under s127(2), was expunged, and conviction was quashed.
Evidence Act s.127(2) – Child of tender years – voir dire – statutory promise to tell the truth – failure to record promise renders child’s evidence valueless and may occasion miscarriage of justice; expunging child evidence; need for corroboration in sexual offences where child evidence is flawed.
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13 November 2020 |
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Applicants failed to show arguable issues or sufficient grounds; leave to appeal dismissed with no costs.
Civil procedure — Leave to appeal — Rule 45A(1)(b): leave not automatic; requires arguable appeal or point of law of general importance — sufficiency of affidavit and notice of motion to identify illegality or substantive issues — extension of time: sickness must be substantiated.
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13 November 2020 |
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Registrar prematurely rectified title based on a criminal judgment; appellate court found the applicant the first purchaser and restored his rights.
Land law – ownership dispute between competing purchasers; rectification of register by Registrar under s.99 Land Registration Act; effect of certified/duplicate certificate under s.38; evidential weight of criminal judgments in civil title disputes; requirement to plead counterclaim and produce transfer documents; judicial evaluation of witness evidence; caveat emptor.
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13 November 2020 |
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Notice of appeal struck out after respondent failed to institute appeal within prescribed time and served documents late.
Civil procedure — Court of Appeal Rules — rule 89(2) striking out notice of appeal for failure to take essential steps; rule 90(1) time to institute appeal; rule 90(3) exemption inapplicable where copy of Registrar-request letter not timely served; rule 84(1) service of notice of appeal within 14 days — delayed service renders notice inoperative; Principal Secretary v. Devram Vallambia applied
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13 November 2020 |
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Reported
Whether counsel's mishearing of a hearing date can constitute good cause to set aside a dismissal, meriting leave to appeal.
Leave to appeal — discretionary test — whether proposed grounds raise arguable issues or novel points of law; second bite for leave — scope limited to arguability not merits; whether counsel's mishearing of hearing date can amount to good cause to set aside dismissal for non-appearance.
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11 November 2020 |
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Long-term occupant's undertaking to provide security justified stay of execution pending appeal, subject to a TZS 20,000,000 bank guarantee.
Stay of execution; Rule 11(3),(4),(5),(7) Tanzania Court of Appeal Rules; notice of appeal authenticity; timeliness of stay application; substantial loss from eviction; undertaking to provide security and conditional bank guarantee.
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11 November 2020 |
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Notice of appeal struck out for failure to take essential steps to institute appeal after documents became available.
Court of Appeal procedure – Rule 89(2) strike out of notice of appeal for failure to take essential steps; Rule 90(1) institution of civil appeal within 60 days; Registrar’s duty to prepare/deliver copies within 90 days; notification to collect copies obliges appellant to act; pending amendment does not suspend filing period.
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11 November 2020 |
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A stay of execution is permissible only for executable court decrees; dismissal orders cannot be stayed.
Civil procedure – stay of execution – stay can only be granted in respect of an executable court decree or order – dismissal orders are not executable. Rule 11(2)(b)-(c) Tanzania Court of Appeal Rules – interpretation prior to GN No. 362/2017. Court lacks power to restrain acts (e.g., sale of property) that do not arise from a court order. Application misconceived and liable to be struck out
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9 November 2020 |
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Conviction and detention quashed where trial was conducted by magistrates without lawful transfer and outside proper territorial jurisdiction.
Criminal procedure — Transfer of cases under section 256A(1) CPA — Resident magistrate with extended jurisdiction must take plea and conduct trial — Territorial jurisdiction of Resident Magistrates' Courts — Proceedings held outside designated court/region are nullities — Conviction and detention quashed and matter remitted to High Court.
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3 November 2020 |
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Failure to amend and re-arraign after discharge of co-accused renders the trial incurably defective and convictions nullified.
Criminal procedure — Withdrawal of charge (s91 CPA) — Necessity to amend or substitute charge where some accused discharged — Arraignment to amended charge (s234 CPA) — Defective charge incurable and renders trial a nullity — Revisional powers (s4(2) Appellate Jurisdiction Act).
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3 November 2020 |
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Stay of execution refused where execution completed and disputed property cannot serve as security.
Civil procedure – stay of execution – Rule 11(2)(d) Court of Appeal Rules – requirements of no undue delay, substantial loss and security are cumulative; stay unavailable after execution; disputed property cannot be offered as security when decree awards it to respondent.
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2 November 2020 |
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Charge wording and minor procedural defects did not vitiate conviction; sentence increased to mandatory life imprisonment for rape of a child under ten.
Criminal law – Rape of a child – particulars of charge ("carnal knowledge" and omission of "unlawful") not fatal; Procedure – s.210(3) CPA (reading evidence over) – non‑compliance curable under s.388 if no prejudice; Evidence – child witness without formal promise acceptable if she shows understanding of truth‑telling; Sentence – rape of person under ten attracts mandatory life imprisonment under s.131(2) Penal Code.
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2 November 2020 |
| October 2020 |
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Applicant failed to show substantial loss or provide a firm undertaking to furnish security; stay refused.
Civil procedure — stay of execution pending appeal — Rule 11(2) — cumulative requirements: notice of appeal, good cause, timely application, substantial loss, and firm security/undertaking — mere readiness to give security insufficient.
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30 October 2020 |
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Failure to obtain mandatory leave to appeal amounts to failure to take essential steps; notice of appeal struck out with costs.
Civil procedure — Striking out notice of appeal — Rule 89(2) Court of Appeal Rules — relief where no appeal lies or an essential step has not been taken. Appellate jurisdiction — Leave to appeal mandatory under section 5(1)(c) AJA for matters originating from Resident Magistrate’s Court
Court of Appeal Rules — Rule 45 (as amended) and Rule 90(1) (copies exclusion of time). Failure to obtain leave constitutes failure to take essential steps — notice of appeal liable to be struck out
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30 October 2020 |
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27 October 2020 |
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Applicant’s appeal restored: advocate’s documented illness constituted sufficient cause for non-appearance.
Appeal restoration – Rule 112(3) – sufficiency of cause – medical evidence admissibility despite missing signature – advocate’s duty as officer of the Court to disclose material information – unsubstantiated third‑party assertions.
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23 October 2020 |
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Notice of appeal struck out for failure to take essential steps and deliberate misdescription and improper lodgement.
Civil procedure – striking out notice of appeal under Rule 89(2) – essential steps required to prosecute appeal – misdescription of cause number and improper lodgement – non-compliance with Rule 90(1) – Transcontinental Forwarders distinguished.
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23 October 2020 |
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The respondents' erroneous citation, wrong registry lodging and failure to take essential steps warranted striking out their notice of appeal.
Civil procedure — Appeal — Rule 89(2): striking out notice of appeal for failure to take essential steps; Appeal documents — Rule 90(1) and 90(5): duty of Registrar and appellant obligations; Procedural defects — wrong case citation and wrong registry lodging; Diligence requirement: protective precedents available only to diligent litigants.
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23 October 2020 |
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Appellant's rape conviction upheld; unread medical report expunged but victim's testimony proved penetration.
Criminal law – Rape – Proof of penetration – Victim's testimony as primary evidence; Documentary evidence – requirement to read out admitted documents (PF3) – failure renders document invalid; Criminal Procedure – s.231(1) election to give defence evidence and s.210(3) right to have witnesses' evidence read – non-compliance not necessarily fatal absent prejudice; Appellate procedure – second appeals cannot raise factual issues not argued in first appeal.
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22 October 2020 |
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Review application dismissed: review confined to manifest facial errors, not a re‑hearing of adverse possession or limitation disputes.
Review — scope limited to manifest errors on the face of the judgment — Rule 66(1) AJA; Review is not an appeal; cannot re-evaluate trial evidence or re-argue merits; Adverse possession and limitation — factual and legal matters not reviewable absent obvious facial error; Allegation of title to non-citizen — new ground not raised below and not fit for review; Judgment not a nullity where no self-evident defect shown.
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22 October 2020 |
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Coexistence of inconsistent charge sheets and variance with evidence vitiated trial; conviction quashed and appellant released.
Criminal procedure – Duty to read charge to accused (s.228(1) CPA) – Failure renders trial a nullity. Criminal procedure – Variance between charge particulars and evidence – affects proof and weight of prosecution case. Criminal procedure – Two inconsistent charge sheets in record without substitution – fatal irregularity. Appellate jurisdiction – Revisional powers (s.4(2) AJA) – nullification, quashing conviction and ordering release where retrial inappropriate
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22 October 2020 |
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A judge may not overturn a valid restoration order by directing refiling subject to the Limitation Act.
Civil procedure — Restoration of dismissed suit under Order IX Rule 9(1) CPC — Effect of valid restoration requires setting case for hearing or reassignment — Judge in charge cannot order refiling subject to Limitation Act — Revision and setting aside of irregular order.
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22 October 2020 |
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High Court lacked pecuniary jurisdiction where respondents pleaded only unspecified general damages exceeding the threshold.
Constitutional and civil procedure law — High Court jurisdiction (Article 108) — Pecuniary jurisdiction determined by substantive/quantified claims not general damages; Order VII r.1 CPC — Value of subject matter; Magistrates' Courts Act — limits of lower courts; jurisdictional objections may be raised at any stage including on appeal; withdrawal of preliminary objection at trial does not preclude appellate determination where trial court did not decide the point.
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22 October 2020 |
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High Court lacked pecuniary jurisdiction where plaint pleaded only unspecified general damages exceeding threshold.
Civil procedure — jurisdiction — pecuniary jurisdiction of High Court — determined by substantive claims not general damages; general damages discretionary and normally unquantified; jurisdictional objections may be raised at any stage, including on appeal; proceedings heard without requisite pecuniary jurisdiction are a nullity.
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21 October 2020 |