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Citation
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Judgment date
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| December 2022 |
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Cautioned statement and chemist report expunged, but mother's and medical evidence sustained the conviction for unnatural offence.
Criminal law – Unnatural offence against a child; admissibility of cautioned statements – compliance with four‑hour rule (s.50 CPA); admissibility and reading of documentary exhibits – accused’s right to know contents; conviction without victim testimony where victim of tender age; appellate jurisdiction – new grounds not raised in first appellate court only entertained if point of law; weight of concurrent findings and medical corroboration.
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22 December 2022 |
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Agent lacked authority to extend lease; written sale agreement prevailed; appeal dismissed with costs.
Civil procedure — successor judge taking over at pre-trial; Power of attorney — scope and limits, agent cannot act beyond expressly granted powers; Revocation of power of attorney — effective upon notice or inconsistent conduct, registration under LRA s.96 not always required; Evidence — written sale agreement prevails over oral testimony (s.100 Evidence Act); Joinder — no necessity where ownership and sale are undisputed.
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21 December 2022 |
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Refusal of leave by the High Court must be challenged by a fresh Court of Appeal application, not by revision.
* Civil procedure — Revision — Appropriateness of revisional jurisdiction to challenge refusal of leave to appeal; * Appellate procedure — Leave to appeal — Rule 45(b) and Rule 47 Court of Appeal Rules — "second bite" in Court of Appeal after High Court refusal; * Limitation — Distinction between a decision that an action is time-barred and a refusal of leave on merits.
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20 December 2022 |
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Applicant failed to show good cause for extension; unsupported third‑party illness evidence rejected.
Civil procedure — Extension of time under Rule 10 — Good cause discretionary and fact‑specific; Affidavit law — where material facts concern another person that person should depose; Unsupported assertions of third‑party illness and absence of receipts undermine delay excuses; Failure to show prima facie important point of law or material irregularity does not justify extension of time.
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19 December 2022 |
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A stay application filed beyond Rule 11(4)’s 14-day limit is time‑barred and was struck out with costs.
Civil procedure — stay of execution — Rule 11(4) Court of Appeal Rules 2009 — 14-day time limit for stay applications — failure to comply — application struck out; delay explained by late opposing affidavit not a valid justification.
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19 December 2022 |
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Variance between charge particulars and evidence, plus credibility issues, rendered conviction unsafe and was quashed.
Criminal law – variance between charge particulars and evidence – duty to amend charge under section 234(1) CPA – fundamental irregularity not curable under section 388 CPA; credibility of child witness and corroboration; appellate power to evaluate defence where lower courts omitted to do so.
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19 December 2022 |
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Failure to administer oath to a key witness vitiated his evidence, prompting reversal of the share-transfer judgment.
* Evidence — requirement to administer oath or affirmation — omission vitiates witness evidence and renders exhibits tendered through that witness inadmissible. * Company law — transfer of shares — validity of board meetings and compliance with Articles and Companies Act where transfer is challenged. * Expert/forensic report — disowned reports and effect on civil proceedings. * Civil appeal — reversal where primary evidence is expunged leaving insufficient proof.
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15 December 2022 |
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The appellant had no duty to request avalisation; as holder in due course it recovered the bill value less set-off.
Bills of Exchange — Avalisation — Duty of bank to request avalisation — Distinction between sight and time bills — Holder in due course rights preserved despite alleged failure to request avalisation — Set-off against account credits — Interest on decretal sums.
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15 December 2022 |
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Time for appeal excludes period to obtain certified judgment/decree, but unexplained remaining delay bars extension.
* Limitation of actions – appeals – computation of the 45‑day time limit – exclusion for period requisite to obtain copy of decree or order under s.19(2) Law of Limitation Act. * Civil procedure – Order XXXIX Rule 1(1) CPC – memorandum of appeal to be accompanied by decree and, unless dispensed with, judgment; copies of proceedings are not automatically necessary for lodging an appeal. * Extension of time – discretion to grant extension – requirement to account for all days of delay.
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15 December 2022 |
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Apparent illegality in judgment justifies extension of time to seek revision despite unexplained delay.
Land law — Extension of time (Rule 10) — Illegality on face of record as sufficient cause — Counsel's negligence not sufficient — Declaration of non‑party as owner — Revision application.
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13 December 2022 |
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Improper assessor participation and inadequate legal directions rendered the trial a nullity; conviction quashed and retrial ordered.
Criminal procedure – assessors’ role – improper cross‑examination by assessors; failure to direct assessors on circumstantial evidence, recent possession and retracted confession; trial conducted without aid of assessors; nullity of proceedings; retrial ordered.
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5 December 2022 |
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Court stayed execution of land-possession decree pending appeal, conditional on a TZS100,000,000 bank guarantee.
* Civil procedure – stay of execution – rule 11 Court of Appeal Rules – requirements: (a) substantial loss; (b) security for due performance. * Land law – possession decree pending appeal – dwelling occupied since 2004. * Security – bank guarantee imposed as condition for stay. * Costs to abide appeal outcome.
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2 December 2022 |
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Omission of the Registrar’s notification letter from the record is curable under Rule 96(7); appeal not struck out.
Appeal — Record of appeal — Omission of Registrar’s notification letter — Rule 96(7) (2019) — Supplementary record permitted at hearing — Certificate of delay — Curable omission; no automatic striking out.
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1 December 2022 |
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Failure of an arbitrator to sign witness testimony vitiates CMA proceedings, warranting nullification and remittal for de novo hearing.
* Labour law – arbitration before the CMA – requirement for witnesses to take oath/affirmation – authenticity of recorded evidence – presiding officer’s signature on witness evidence; * Procedural irregularity – failure to sign witness testimony – vitiates proceedings and renders awards/judgments a nullity; * Remedy – nullification and remittal for de novo hearing under s.4(2) AJA.
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1 December 2022 |
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Affidavits with hearsay, argumentative content and defective verification clauses render a revision application incompetent and are struck out.
Civil procedure — Revision — Competency of supporting affidavits — Affidavits must contain facts only, not arguments, opinions or impeachment of court record; verification clause must distinguish personal knowledge from information or belief and disclose sources — Hearsay and unsupported attacks on court record offend affidavit rules — Offensive paragraphs may be expunged but pervasive defects can render an application incompetent and warrant striking out.
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1 December 2022 |
| November 2022 |
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Review application dismissed; no manifest error or illegal procurement; Article 23 protects wages, not pensions.
Administrative law – Review of Court of Appeal judgments – Rule 66(1) grounds (manifest error on face of record; judgment procured illegally) – Statutory interpretation – Article 23 (‘ujira’/just remuneration) distinct from ‘pension’ – Retrospectivity of statute not decisive where constitutional protection does not extend to the impugned benefit.
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30 November 2022 |
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The appellant's request for judicial restructuring of an agreed loan repayment schedule was denied; courts will not vary freely made contracts.
* Contract law – sanctity of contract – courts will enforce freely negotiated contractual terms and will not re-draft or vary them absent fraud, incapacity, misrepresentation or public policy concerns. * Commercial/Banking law – loan repayment – judicial restructuring of agreed repayment schedule is not available where parties freely contracted; renegotiation between parties is appropriate remedy. * Evidence – economic hardship/unemployment does not automatically justify court intervention to alter contractual obligations.
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30 November 2022 |
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Applicant's bona fide business complaints were not malicious falsehood; High Court judgment quashed and appeal allowed with costs.
Tort — Malicious falsehood — Elements: falsity, malice (dishonest/improper motive), and actual damage; bona fide business complaints versus malice; misdirection by trial judge; damages not established.
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30 November 2022 |
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Stay of execution granted pending appeal after applicant showed likely substantial loss and offered firm security.
Court of Appeal — stay of execution — Rule 11(5) requiring substantial loss and security — sufficiency of a firm undertaking to give security — service of motion under Rule 55(1) — preliminary objection dismissed for lack of proof.
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30 November 2022 |
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Court quashed judgment and ordered retrial where a judge who mediated later sat as trial judge, joining interested party.
* Appellate revision (suo motu) – scope under section 4(3) AJA – Court may examine record for correctness, legality and regularity. * Right to be heard – representation by advocate and attendance on record rebut claim of lack of notice. * Civil procedure – mediation vs adjudication – a judge who acted as mediator must not thereafter act as trial judge; such dual role is a fatal irregularity. * Remedy – nullification of proceedings from mediation stage, quash judgment, remit for retrial and joinder of interested party.
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30 November 2022 |
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A negligence claim over unauthorized account operation was time-barred; claimed exceptions to limitation did not apply.
Limitation law – tort claims (3-year limitation) – accrual of cause of action – exclusions to limitation: negotiations do not suspend time; absence abroad of a company officer is not a 'disability' for a corporate plaintiff; continuing wrong requires an ongoing default, not a single past negligent act – requirement to plead any claimed exemption (Order VI Rule 6 CPC).
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30 November 2022 |
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A grant of occupancy cannot extinguish a preexisting customary right without fair compensation; compensation order vacated.
* Land law – customary right of occupancy – protection of customary or deemed rights – such rights cannot be extinguished by a later grant without fair compensation (Constitution). * Pleadings – issue of compensation may be considered where it arises inevitably from the evidence even if not specifically pleaded. * Title – certificate of occupancy obtained after survey is ineffectual against prior customary occupancy absent compensation. * Remedy – compensation order must be grounded on valid transfer of title; vacated if grant was ineffectual.
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30 November 2022 |
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Appeal allowed: conviction quashed due to material contradictions, failure to call police witnesses, improper PF3 and inadequate proof of armed robbery.
Criminal law – Armed robbery – proof beyond reasonable doubt; Evidence Act s.143 – duty to call material witnesses and adverse inference; Criminal Procedure Act s.240(3) – right to call medical witness and effect of non‑compliance; Identification parade – inadmissible where victim previously knew accused; Alibi – court’s duty to take cognisance and effect of omission; Appellate review – duty to re‑evaluate evidence and address decisive grounds of appeal.
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28 November 2022 |
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Proceedings against an administrator are invalid once probate is closed and the administrator has ceased to hold office.
Probate and administration – closure of probate proceedings – effect of closing probate on administrator’s capacity (functus officio); Suiting an administrator after office vacated – lack of capacity renders proceedings invalid; Civil procedure – Court’s suo motu inquiry and exercise of revisionary powers under section 4(2) of the Appellate Jurisdiction Act to nullify and quash proceedings.
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24 November 2022 |
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Strike‑out application dismissed: respondent’s reminder letters and follow‑ups showed sufficient diligence under Rule 90(5).
Civil procedure – Court of Appeal Rules 2009, Rules 89(2) and 90(5) – striking out notice of appeal for failure to take essential steps; scope of "essential steps"; Registrar's delay in supplying certified copies; evidential requirement to prove availability of court records.
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24 November 2022 |
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Registered land and vehicle titles established ownership; allegations of collusion and matrimonial claims were unproven.
* Land law – Conclusiveness of certificate of title under land registration system; search behind register unnecessary; title as conclusive proof of ownership; fraud/collusion allegation requires higher degree of proof. * Family/matrimonial property – burden on spouse alleging property is matrimonial to prove acquisition with intention for joint family use; mere residence or uncorroborated receipts insufficient. * Motor vehicle – registration card raises statutory presumption of ownership under Road Traffic Act s.15; inter vivos gift need not be evidenced by deed to displace registration presumption. * Civil procedure/evidence – fraud must be specifically pleaded and proved on a higher standard than ordinary civil balance of probabilities.
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24 November 2022 |
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Acceptance before revocation creates a contract, but CMA lacked jurisdiction under section 35, so awards were quashed.
Employment law – formation of contract by acceptance before communication of revocation – acceptance creates binding contract; repudiation by employer. Labour jurisdiction – section 35 bars CMA jurisdiction for unfair termination claims by employees with less than six months’ employment. Labour Court Rules – revision for lack of jurisdiction (rule 28(1)(a)).
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24 November 2022 |
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Appellant failed to prove eleven days' storage or special damages; court upheld nine-day storage award and general damages for delay.
Civil procedure; contract and tort — wrongful detention of cargo — calculation of storage/demurrage days and effect of weekend; general damages — discretionary award and need to assign reasons; special damages — must be specifically pleaded and strictly proved.
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24 November 2022 |
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Notice of appeal struck out for failure to take essential steps and to follow up Registrar's notification.
Civil procedure — Court of Appeal Rules (2009) — Rule 89(2) and Rule 90(1),(5) — striking out notice of appeal for failure to take essential steps — duty of intending appellant/counsel to follow up Registrar's notification to collect appeal documents — limitation periods for instituting appeals.
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23 November 2022 |
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Expiry of an assigned speed track does not justify dismissal; successor judge must record reasons, though omission is not always fatal.
* Civil Procedure – speed track/scheduling orders – expiry of assigned speed track – legal consequences – dismissal or striking out not authorized by Order VIII rule 23; amendment/extension or costs are appropriate remedies. * Civil Procedure – successor judge taking over – requirement to record reasons for taking over under Order XVIII rule 10(1); omission contrary to rule but not fatal if no prejudice. * Right to fair hearing – refusal of adjournment and opportunity to be heard considered in context of ongoing representation.
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23 November 2022 |
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Suo motu revision properly opened but cannot determine ownership or fraud; application dismissed and each party to bear own costs.
* Suo motu revisional proceedings — power to open and scope of inquiry; attachments to complaint form part of record.
* Constitutional law — Article 13 (equality/right to be heard) — Chief Justice’s direction to open revision and notify parties upheld.
* Civil procedure — limits of revision: inability to determine ownership/fraud allegations requiring evidence and full hearing in High Court or on appeal.
* Land law — title registration: disputed properties not shown to have been registered in applicant’s name; allegations of false statements in administrative complaint.
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23 November 2022 |
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Identification of a relative at night held reliable; inconsistencies (name, weapon) did not defeat incest conviction.
Criminal law – Identification at night – reliability where victim and accused are relatives, moonlight and prolonged contact; Incest by males – elements and proof; Variance in victim's name in charge not always fatal; Discrepancy in weapon description immaterial where weapon is not an ingredient; Failure to cross-examine undermines defence of fabrication.
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23 November 2022 |
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Appeal dismissed: informal arbitrator succession not fatal; unsworn evidence curable; termination for attempted theft unproven.
• Labour law – arbitration procedure – succession of arbitrators – informal transfer does not vitiate proceedings absent prejudice. • Evidence – witnesses to testify under oath (rule 25(1)) – breach is ordinarily fatal but may be curable where no material prejudice shown; temporary suspension of rule for six months. • Employment – termination for attempted theft – requirement of proof for substantive fairness.
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23 November 2022 |
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Failure to consider defence and multiple procedural evidentiary defects rendered prosecution case doubtful; conviction quashed.
Criminal law – armed robbery – requirement that courts analyze defence evidence – admissibility of cautioned statements and PF3 – necessity to affirm witnesses/accused – reading contents of exhibits aloud upon admission – proof of chain of custody for seized exhibits.
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22 November 2022 |
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Refusal to extend time for tax appeal upheld where illness occurred after statutory deadline and unpleaded facts were afterthought.
* Tax law – extension of time – section 16(5) Tax Revenue Appeals Act – illness as ground for extension
* Procedural law – exercise of judicial discretion – appellate review of extension refusals
* Evidence – affidavits as basis for applications; afterthoughts not entertained
* Civil procedure – parties’ duty to plead and prove facts; courts not obliged to call evidence
* Constitutional law – right to be heard must be exercised in accordance with statutory time limits
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22 November 2022 |
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Fixed-term lease required mutual consent for renewal; eviction lawful after expiry and claimed damages were not strictly proven.
Lease renewal — mutual consent required; public procurement and tender process; Land Act s.79 — fixed-term lease not periodic; tenant becomes trespasser after expiry; proof of special damages — need for strict, verifiable evidence; estoppel by conduct (participation in tender); uncollected seized goods and delay in relief.
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22 November 2022 |
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A judgment lacking required summary, analysis and findings under s312(1) CPA is fatally defective, warranting quashing and remittal.
Criminal procedure — Judgment requirements — Section 312(1) CPA — Necessity of brief summary of evidence, analysis, findings and reasons — Reserved issues must be determined — Defective judgment vitiates conviction — Remedy: revise and nullify judgment, quash convictions and remit record for fresh judgment under s.4(2) Appellate Jurisdiction Act.
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21 November 2022 |
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A trial judge’s suo motu expungement of an admitted exhibit without hearing the parties violated the right to be heard; judgment nullified and remitted.
Evidence – admissibility – expungement for lack of stamp duty raised suo motu during judgment-writing – parties' right to be heard – natural justice – Article 13(6)(a) Constitution – decision as nullity – revisional jurisdiction s.4(2) AJA – remittal to trial court.
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21 November 2022 |
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Applicant satisfied Rule 11 conditions; stay of execution granted on deposit of two title deeds as security.
Civil procedure — Stay of execution — Requirements under Rule 11(4),(5) and (7) of the Court of Appeal Rules — timeliness, substantial loss, security by title deeds, documentary compliance — undertaking to furnish security accepted.
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21 November 2022 |
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Stay of execution granted pending appeal; applicant ordered to deposit bank guarantee covering property value and decretal sum.
Stay of execution — Rule 11(4)-(5) TCR 2009 — timeous filing; substantial loss/irreparable injury where immovable residential property is subject of execution; firm undertaking to furnish security sufficient; bank guarantee as security ordered.
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21 November 2022 |
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Proceedings conducted by an impostor advocate are nullities; Court nullified judgments and remitted the matter for rehearing.
* Advocates Act (ss.39(1), 41(1)) – representation by an unqualified person – acts of an impostor advocate have no legal validity and vitiate proceedings. * Revisionary jurisdiction – Court of Appeal may call records and nullify lower courts' proceedings tainted by illegality. * Subsequent punishment of impostor does not cure prior illegality. * Remittal – where proceedings are nullified, record may be sent back for rehearing de novo.
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21 November 2022 |
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Trial court's failure to decide framed ownership and relief issues rendered its judgment a nullity; matter remitted for fresh judgment.
Land dispute — ownership and entitlement to relief; Civil procedure — duty to frame and determine issues (Order XIV); Failure to decide framed issues vitiates judgment; Appellate limitation — court will not determine unresolved factual issues on appeal; Remedy — quash and remit for fresh determination.
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21 November 2022 |
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Leave to appeal granted because High Court improperly determined substantive issues at the leave stage; applicants raised arguable issues.
Appeal — Leave to appeal — Leave should be granted where arguable issues of law or fact exist — Courts must not decide substantive issues at the leave stage — Issues include denial of hearing due to death and lack of administrator, representation by allegedly unlicensed advocate, limitation and evaluation of evidence.
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18 November 2022 |
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Failure to direct assessors on vital legal points rendered the trial a nullity and required quashing of the conviction and retrial.
* Criminal procedure – Assessors – Mandatory participation under sections 265 and 298(1) CPA – Duty of trial Judge to address assessors on vital points of law before inviting their opinions. * Summing up – Essential contents – ingredients of offence and chain of custody must be explained to assessors when material to the case. * Non‑compliance – Inadequate direction to assessors amounts to trial conducted without their aid and renders proceedings a nullity. * Remedy – Scope of nullification depends on circumstances; where assessors participated, proceedings from selection to judgment may be quashed and retrial ordered. * Retrial – Observe amended section 265(1) regarding assessors’ involvement; appellant remanded pending retrial.
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18 November 2022 |
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Registrar bears primary duty to supply appeal records; appellant’s 14‑day reminder duty arises only after Registrar’s default.
Civil procedure – Appeal procedure – Rule 90(5) Court of Appeal Rules – Primary duty of Registrar to prepare and notify copy of proceedings within 90 days – Secondary ancillary duty of intending appellant to remind within 14 days only if Registrar fails – Rule 89(2) strike‑out application for essential step taken out of time – Registrar’s delay and certificate of delay relevant to appellant’s diligence.
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18 November 2022 |
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The applicant failed to prove good cause for extension: missing documents unproven and delay unaccounted, application dismissed with costs.
Civil procedure – extension of time – Rule 10 and Rule 90(1) Court of Appeal Rules – applicant must show good cause (Lyamuya criteria) and account for all delay; missing court document must be proved by affidavit of material third parties; certificate of delay and exclusion under proviso to Rule 90(1) ineffective without proof of timely application and service.
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17 November 2022 |
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Unexplained three-year delay and illegality not apparent on record justify dismissal of application for extension of time.
Extension of time – Rule 10 Court of Appeal Rules – good cause requires accounting for each day of delay; illegality may justify extension only if apparent on the face of the record (does not require long-drawn evidence) – right to be heard and service issues not apparent on record – dismissal for unexplained three-year delay.
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17 November 2022 |
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An appeal filed beyond Rule 90 time limits without a certificate of delay is incompetent and struck out.
Court of Appeal procedure; Rule 90(1) Tanzania Court of Appeal Rules 2009; requirement to file memorandum and record within 60 days; certificate of delay and Registrar’s certification; extension of time versus leave to amend; appeal struck out as time-barred.
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16 November 2022 |
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Appellate courts must address grounds and courts must give reasons; skeletal judgments are nullities and the matter is remitted.
Land law — ownership disputes; Evidence — requirement to analyse evidence and give reasons; Appellate procedure — duty to address grounds of appeal and to invite parties when raising suo motu issues; Judicial reason-giving — skeletal judgments are nullities; Revisionary power — Court of Appeal may nullify defective judgments and remit for fresh decision under s.4(2) AJA.
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15 November 2022 |
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A certificate of delay bearing an obvious error is vitiated; appellant may obtain a rectified certificate and lodge it as supplementary record.
* Civil procedure – Certificate of delay – Obvious error in certificate – Error vitiates certificate and cannot be treated as a mere technicality.
* Civil procedure – Duty of Registrar to issue correct certificate and duty of party to verify and seek rectification.
* Appeals – Lodgment of rectified certificate as supplementary record – Rule 4(2)(a) and (b).
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11 November 2022 |