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Citation
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Judgment date
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| November 2025 |
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10 November 2025 |
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Extension application struck out for failing to first apply to the High Court and for non‑compliance with rule 45A(3).
Court of Appeal Rules 2009 — rule 45A and rule 47 — extension of time to file notice of appeal — requirement to first apply to High Court where concurrent jurisdiction — mandatory filing of High Court decision, chamber summons and supporting affidavit under rule 45A(3) — competence and jurisdiction — omnibus applications.
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10 November 2025 |
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7 November 2025 |
| October 2025 |
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Extension of time granted to file revision due to jurisdictional defects and other apparent illegality on the face of the record.
Extension of time – good cause – illegality on face of record; Jurisdiction – trial court competence and time‑barred first appeal; Non‑joinder of necessary parties – right to be heard; Change/misdescription of parties/amendment; Representative suit without leave; Excessive decretal interest.
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23 October 2025 |
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Court granted retrospective extension of time to validate out-of-time service of documents, finding good cause and no prejudice to respondent.
Civil procedure – Extension of time – Good cause required under Rule 10 – Inadvertent omission to serve documents – Retrospective extension to date of out-of-time service – No prejudice where respondent served with record and filed submissions.
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23 October 2025 |
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Material discrepancies between the charge and evidence and failure to amend the charge warranted acquittal and release of the appellant.
* Criminal procedure – variance between charge and evidence – duty to amend charge under section 251 (formerly 234) CPA when material discrepancies appear.
* Criminal evidence – material inconsistencies (number of assailants; nature of injury; accused's particulars) – fatal to prosecution if unamended.
* Second appeal – interference permitted where findings are perverse, misapprehended, or miscarriage of justice.
* Burden of proof – failure to prove charge beyond reasonable doubt entitles accused to acquittal.
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22 October 2025 |
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Extension of time granted where technical delay and diligent pursuit of rights justified securing the applicant's right to be heard.
Extension of time; good cause under Rule 10; technical delay from struck-out appeal may justify extension; right to be heard; substituted service and hearing in absence of respondents.
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21 October 2025 |
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A signed redundancy notice with reservations does not constitute agreement; retrenchment was unfair, compensation reduced to 12 months.
* Employment law – Retrenchment – Whether a signed redundancy notice with reservations creates a binding agreement; estoppel.
* Employment law – Procedural and substantive fairness – Compliance with section 39 ELRA (notice, disclosure, consultation) and justification for operational requirements.
* Remedies – Compensation for unfair termination under section 40 ELRA; appellate revision and reduction of awarded months' remuneration.
* Civil procedure – Correctness of High Court's revision where it recharacterised termination as by agreement.
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20 October 2025 |
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A defective charge omitting mode of trafficking and a broken chain of custody rendered the conviction unsafe.
* Criminal procedure – Particulars of charge – Section 135 CPA – charge must specify mode of "trafficking" to give accused reasonable information.
* Drug offences – Trafficking definition – plurality of modes (possession, storing, distribution) requires clarity in particulars.
* Evidence – Chain of custody – prosecution must account for continuous custody of exhibits from seizure to tendering; broken chain raises reasonable doubt.
* Standard of proof – any reasonable doubt must be resolved in favour of accused; conviction unsafe if charge defective or exhibits mishandled.
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20 October 2025 |
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Alleged non‑supply of a Single Justice’s ruling did not constitute sufficient cause to enlarge time for reference.
Appeal procedure – Reference from Single Justice – Rule 62(1) – Enlargement of time – Sufficient cause required – No obligation to annex Single Justice’s decision – Court’s discretion.
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17 October 2025 |
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Conviction quashed due to failure to list the physical exhibit at committal and an unproven chain of custody.
* Criminal law – Narcotic drugs – Trafficking – Requirement to list and explain real/physical exhibits at committal – generic reference to "physical exhibits" insufficient. * Evidence – Chain of custody – continuity must be proved from seizure to tendering; unexplained breaks undermine evidential value. * Evidence – Ownership/linkage of containers (bags) – physical containers must be produced or proved to link accused to contraband. * Procedure – Tendering of exhibits and Government Chemist reports – compliance with committal and trial rules crucial to fair trial.
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17 October 2025 |
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Forgery convictions quashed for lack of proof and because ownership dispute was a civil/matrimonial matter.
* Criminal law – Forgery (s.333 Penal Code) – element of intent to defraud must be proved beyond reasonable doubt. * Criminal procedure – Successor magistrate (s.214(1) CPA) – duty to record reasons and inform right to recall witnesses; failure to inform requires demonstration of prejudice. * Jurisdiction – Improper use of criminal court to determine civil/matrimonial property disputes.
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17 October 2025 |
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Non‑compliance with section 245 CPA rendered the plea equivocal; conviction and sentences quashed and matter remitted for trial.
Criminal procedure – Plea-taking – section 245 CPA – admissions must be recorded in accused’s own words; exhibits that establish offence ingredients should be tendered before or contemporaneously with plea; failure to comply renders plea equivocal and conviction void – Remittal for fresh plea/trial.
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17 October 2025 |
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Including non-parties in a notice of appeal without leave renders the appeal incompetent.
Civil procedure – Appeals – Competence – Inclusion of non-parties in notice/memorandum of appeal without leave; Rule 84(1) service on persons directly affected by appeal; Fatal irregularity; Revisional powers under section 6(2) AJA not available where appeal is incompetent.
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16 October 2025 |
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Extension to file review dismissed for failure to account for delay and to plead grounds for review.
* Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – applicant must show good cause and account for each day of delay. * Review – Rule 66(1)(a)-(e) – grounds for review (manifest error on face of record, denial of hearing, nullity, lack of jurisdiction, fraud/perjury) must be expressly pleaded. * Prisoner litigant – reliance on prison officers does not substitute for accounting and diligence requirements.
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13 October 2025 |
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Reference dismissed; taxing officer’s award of TZS 2,090,000 upheld despite minor misdirection on applicable scale.
Civil procedure – Taxation of costs – Instruction fees on applications – Proper application of paragraph 9(1) and (4) of Third Schedule; delay in service of written submissions and right to be heard; exercise of taxing officer’s discretion – principles limiting interference; change of advocate and paragraph 16 compliance.
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13 October 2025 |
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9 October 2025 |
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Court refuses to disturb Taxing Officer’s discretionary taxation of costs and dismisses reference with costs.
Taxation of costs – discretion of Taxing Officer; instruction fees – application of Premchand principles; Court of Appeal Rules (Third Schedule para 9) vs. Advocate Remuneration Order 2015; inclusion of bill of costs item; travel and accommodation allowances.
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6 October 2025 |
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Appeal struck out as time-barred for failure to serve the copy-request under rule 90(3).
Civil procedure – Appeal time limits – Rule 90(1) and (3) Court of Appeal Rules, 2019 – requirement to file written request for certified copies within 30 days and to serve respondents – Registrar’s certificate of delay not available where request not served – overriding objective cannot cure mandatory time limits – remedy: strike out appeal.
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2 October 2025 |
| September 2025 |
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High Court wrongly reduced compensation for procedural unfair termination; arbitrator could not order TBA clearing as TBA was not a party.
Labour law — unfair termination — procedural vs substantive unfairness — compensation under section 40(1)(c) ELRA (minimum 12 months) — jurisdiction of arbitrator to order relief affecting non-parties (TBA) — courts must decide only pleaded issues and invite parties to address unpleaded issues.
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30 September 2025 |
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Compensation is prerequisite to valid land acquisition; title without it is invalid and unpleaded suo motu awards are vacated.
Land law — Compensation as condition precedent to acquisition and validity of title; customary rights versus granted title; limitation inapplicable to defensive challenge; double allocation — Commissioner for Lands must be joined; new grounds not allowed on second appeal; courts cannot make unpleaded suo motu awards.
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30 September 2025 |
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Applicant failed to account for each day of delay and provide supporting evidence; extension of time was refused.
* Civil procedure – Extension of time under Rule 10 – Applicant must show good cause and account for each day of delay; vague affidavits and lack of documentary proof are fatal to the application.
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30 September 2025 |
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An application for leave to seek judicial review requires only an arguable case, not a merits determination at the leave stage.
* Judicial review – leave stage – screening exercise – court must determine only whether an arguable case exists without delving into substantive merits.
* Administrative law – prerogative orders (certiorari, mandamus) – test for leave: plausible legal ground, supporting facts, timeliness, sufficient interest.
* Procedural impropriety – improper resolution of merits at leave stage vitiates decision; remittal for fresh hearing before different judge.
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25 September 2025 |
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Proceedings and decree affecting an occupier's rights were declared void for denial of the right to be heard.
Revision jurisdiction; right to be heard; nullity of proceedings where affected person not heard; settlement-based decree and possession; party status and joinder.
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25 September 2025 |
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A plaint must sufficiently describe immovable property (boundaries/title); failure to do so defeats a land claim.
Civil procedure — Pleadings — Description of immovable property — Order VII r.3 CPC — Plaintiff must plead sufficient particulars (boundaries/neighbours/title) to identify land; failure renders claim unproven. Evidence — Burden of proof — Exhibit alone cannot cure defective pleadings.
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24 September 2025 |
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Confusion over DNA testing order and report vitiated the appellant’s trial, justifying quashing of conviction and release.
Criminal procedure — DNA evidence — provenance and admissibility — order for testing unclear — failure to hear parties — fair‑trial requirements — confusion vitiating proceedings — revisionary powers to nullify and quash conviction.
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23 September 2025 |
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Applicant's failure to plead illegality and to show sufficient cause for non‑appearance justified dismissal of restoration application.
Civil procedure – restoration of dismissed suit – Order IX r.6 CPC – burden to show sufficient cause; negligence vs. confusion; pleading of illegality; distinction where alleged illegality relates to a different decision.
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18 September 2025 |
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An employee who has completed six months' service may access the CMA, even if still on probation; Labour Court erred.
Labour law – CMA jurisdiction – qualifying period under section 35 – probationary employees – jurisdictional objections to be raised under rule 20 at CMA – statutory interpretation and ILO Convention No.158.
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18 September 2025 |
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An application for extension of time to appeal was dismissed where delay was unexplained and alleged irregularities were not apparent illegalities.
Civil procedure – Extension of time – Sufficient cause – Apparent illegality as good cause – Need to account for each day of delay – Criteria for entertaining extension applications in land disputes.
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13 September 2025 |
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A company must have a Board resolution and privity of contract to validly sue for breach of agency agreement.
Civil procedure – locus standi – company suits – requirement for Board resolution prior to instituting proceedings – doctrine of privity of contract – agent's rights to sue – defects in authority rendering suit incompetent.
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12 September 2025 |
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The court reviewed and reversed its prior judgment due to manifest error in failing to apply insurance law on contract renewal and premium payment.
Insurance law – Review of appellate decision – Manifest error for failure to apply Insurance Act – Contractual renewal – Payment of premiums – Principle of utmost good faith (uberima fides) – Application of statutory grace periods – Finality of litigation versus correcting manifest legal error.
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12 September 2025 |
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Absence of a filed notice of appeal under s.361 CPA renders the High Court’s appeal proceedings incompetent.
* Criminal procedure – Appeal process – Requirement to file notice of appeal under section 361 CPA – Jurisdictional consequence of omission.
* Appeals – Incompetence – Where no notice of appeal is filed the appellate court lacks jurisdiction and appeal must be struck out.
* Prison appellants – Burden to prove delivery of notice of appeal to prison authorities if alleged lost or misplaced.
* Revisional powers – Court of Appeal may nullify first appellate proceedings and strike out incompetent appeals.
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12 September 2025 |
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Improper substitution of charges and failure to reassess evidence rendered dismissal proceedings and their affirmation a nullity.
Labour law – unfair termination – proper framing of charges in employment disputes – procedural fairness – review powers of the High Court under section 91 of the ELRA – nullity of proceedings where allegations are substituted without basis.
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12 September 2025 |
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The Court of Appeal upheld a conviction for grave sexual abuse, confirming child testimony procedures and sufficiency of evidence.
Criminal law – grave sexual abuse – evidence of child witnesses – compliance with section 127(2) of the Evidence Act – voire dire not required – sufficiency and credibility of prosecution evidence – consideration of defence – right to fair hearing – appellate review.
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10 September 2025 |
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Omission of explicit oath or affirmation wording in witness statements does not invalidate proceedings where substantial compliance is shown.
Civil Procedure – Commercial Court – Witness statements – Oath or affirmation – Substantial compliance with prescribed form – Whether lack of explicit ceremonial wording vitiates proceedings – Curability of procedural irregularities under the Oaths and Statutory Declaration Act.
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9 September 2025 |
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The Court of Appeal struck out an appeal for improperly raising factual issues outside its labour appellate jurisdiction.
Labour law – appellate jurisdiction – Court of Appeal limited to points of law in labour matters – probationary employment – whether appeal on employee status raises point of law or fact – jurisdiction of appellate court – procedure – introduction of new grounds on appeal.
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9 September 2025 |
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Court confirms that only manifest, self-evident errors justify review of Labour Court decisions; clerical mistakes alone do not.
Labour law – review of High Court decisions – review jurisdiction limited to manifest errors apparent on the face of the record – distinction between clerical errors and errors warranting review – proper application of review versus appeal in labour matters.
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9 September 2025 |
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Termination based on short-term unauthorised absence and unproven dishonesty, without proper procedure, is unfair under labour law.
Labour law – Dismissal – Absence from work – Burden of proof on employer – Procedural fairness – Right to fair hearing – Disciplinary procedures – Appropriate sanctions for unauthorized absence.
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9 September 2025 |
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Court set aside improperly pleaded damages but upheld finding of unfair termination and statutory compensation to employee.
Labour Law – Unfair termination – procedural and substantive fairness – burden of proof – proper pleading and proof of damages – statutory relief versus general and specific damages – appeals on points of law only.
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9 September 2025 |
| August 2025 |
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Defamatory newspaper notices about debt default must meet the public benefit test and cannot be justified solely by truth.
Defamation – Libel – Truth and public benefit as defence – Newspaper advertisement naming ex-employees as 'wanted' and 'delinquent debtors' – Justification – Quantum of damages – Whether public interest justified defamatory notice to compel debt repayment – Media law interpretation.
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29 August 2025 |
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Failure to follow mandatory third-party procedure vitiates trial proceedings and requires retrial according to law.
Civil procedure – Third party procedure – Joinder of parties – Requirement under Order 1 Rule 18(1) of the Civil Procedure Code for directions after third party has filed a defence – Effect of non-compliance – Nullification of proceedings, judgment and decree – Remittal for fresh determination.
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29 August 2025 |
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A land sale by a caretaker based on a forged power of attorney was void, and subsequent buyers couldn't claim bona fide purchaser protection.
Land law – Ownership dispute – Bona fide purchaser – Forgery – Re-survey of plots – Power of attorney – Title evidence – Abuse of trust – Due diligence – Civil/criminal proceedings interaction.
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28 August 2025 |
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A suit absolutely withdrawn without leave to refile cannot be restored and further proceedings are a nullity.
Civil procedure – withdrawal of suit – effect of absolute withdrawal under Order XXIII rule 1(3) of the Civil Procedure Code – jurisdiction of court to restore withdrawn suit – nullity of proceedings conducted without jurisdiction.
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27 August 2025 |
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An appeal challenging the validity of co-administrator appointments in a new probate case dismissed as prior orders did not bind new proceedings.
Probate and administration – compliance with previous court’s orders – effect of order to file fresh case as opposed to retrial – binding effect of court orders confined to parties – appointment of co-administrators – assessors’ participation in new probate proceedings.
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27 August 2025 |
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Failure to join a necessary party rendered the High Court proceedings null, requiring remittal for proper joinder and rehearing.
Civil Procedure – parties – necessary parties – non-joinder of estate administrator – procedural defects – effect – notice of change of advocate – application under Court of Appeal Rules – required timing and effect.
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27 August 2025 |
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Pursuit of wrong remedies and inadequate accounting for delay preclude extension of time to file appeal.
Civil procedure – Extension of time – Duty to account for each day of delay – Pursuit of wrong legal remedies not sufficient cause – Illegality as ground must be pleaded in affidavit – Application dismissed for lack of merit.
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26 August 2025 |
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An applicant's illness-supported delay can warrant extension of time to file notice of appeal if prompt, diligent action is shown.
Civil procedure – Application for extension of time – Good cause – Illness of counsel as a ground for delay – Promptness and diligence – Compliance with procedural requirements under Rule 45A of the Court of Appeal Rules – Exercise of judicial discretion.
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26 August 2025 |
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Application for extension of time to stay registration of an arbitral award granted due to serious allegations of illegality in underlying court proceedings.
Civil Procedure – Extension of time – Application for stay of registration of arbitral award – Requirement to account for each day of delay – Illegality as sufficient cause for extension – Whether serious allegations of illegality warrant indulgence even where delay is not strictly accounted for.
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26 August 2025 |
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A review application cannot be used to reargue factual disputes or re-evaluate evidence under the guise of manifest error.
Civil procedure – Review – Manifest error on the face of the record – Share transfer – Corporate governance – Right to be heard – Narrow scope of review under rule 66(1).
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22 August 2025 |
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A non-citizen cannot inherit landed property in Tanzania, save for investment purposes under the Tanzania Investment Act.
Land law – Inheritance – Bequeathal of land to non-citizen heirs – Section 20 of the Land Act, Cap. 113 – Transmission of land by operation of law – Limitation on non-citizen land rights – Public policy favoring local ownership.
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22 August 2025 |