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141 judgments found.
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May 2026
Appeal allowed; High Court's revocation of arbitration clause quashed and record remitted to decide if respondent was a party to the EPC agreement.
Arbitration — Irrevocability of the submission to arbitration clause (s. 4 of the repealed arbitration act) — Continuity of proceedings and rulings under section 96(2) and (4) of the Arbitration Act
Civil procedure — Preliminary objection — Distinction between pure points of law and questions requiring evidence (Mukisa Biscuit principle) — Necessity to determine threshold party/status issues before hearing merits
18 May 2026
Appeal struck out as time‑barred because the Registrar’s certificate of delay was invalid and incurable.
Civil procedure
— Appeals — Time limit for instituting appeal — Exclusion runs from date of notification that copies are ready
— Registrar's certificate of delay — invalidity where based on late or unrelated request — Third‑party (CMA) letter insufficient
— supplementary record of appeal — extension of time to lodge supplementary record — Option to file appeal and later supplement record (Rule 96(6)–(7))
15 May 2026
Administrator failed to show good cause for nearly two‑year delay to substitute a deceased respondent under Rule 105.
Civil procedure — Substitution of parties on death — Extension of time under Rule 105(3) — Requirement to show good cause to revive appeal — Strict compliance with Court Rules
15 May 2026
Review under r.66(1)(a) is limited to patent errors; it cannot be used to re‑evaluate evidence or as an appeal.
Civil procedure — Error apparent on face of record — Limits of review (new evidence or apparent error) — Tanzania Court of Appeal Rules r.66(1)(a)
Employment law — Unfair termination — Appellate restriction on raising new factual grounds
15 May 2026
An appeal filed after 60 days without a Registrar’s certificate of delay is incompetent and is struck out.
Civil procedure — Appeal period — Time to institute appeal — Rule 90(1) Court of Appeal Rules
Appellate practice — Certificate of delay — Service of application for copy and certificate of delay (Rule 90(1) Court of Appeal Rules)
Labour law — Struck-out disputes — Appeal struck out as incompetent — No order as to costs (labour matter)
15 May 2026
Failure to administer oath to CMA witnesses vitiated proceedings and warranted remittal for rehearing.
Labour law — arbitration procedure — Mandatory requirement for witnesses to testify under oath or affirmation — Rule 19(2)(a) & Rule 25(1) GN No. 67 of 2007
15 May 2026
Failure to administer oath to a key witness vitiated arbitration and Labour Court proceedings; matter remitted to the CMA.
Civil procedure — Revisionary powers — quashing proceedings and ordering retrial — Revisional powers under s. 6(2) Appellate Jurisdiction Act
Labour law — arbitration procedure — Administration of oath/affirmation to witnesses — Failure to administer oath vitiates proceedings
13 May 2026
Non‑renewal of a fixed‑term contract is unfair termination only if the employee proves an objective expectation of renewal.
Employment law
— Fixed-term contracts — Reasonable expectation of renewal — ELRA s37(a)(iii) and Code of Good Practice (rules 3(1)(c) & 4)
— Burden of proof — Employee must show objective basis for expectation of renewal (prior renewals; employer’s undertakings)
Labour law — Remedies for unfair termination — CMA award quashed where non‑renewal not shown to be unfair termination
12 May 2026
Parental maintenance is a personal obligation and a gift-plot developed jointly is matrimonial property under s.114 LMA.
Evidence — Cross-examination — Acceptance of witness evidence — Unchallenged testimony deemed accepted and may be decisive
Family law
— Maintenance — parental duty to maintain children of the marriage — Court may order contribution and consider standard of living and children's ages
— Matrimonial property division: s114 — Jointly acquired assets — Property registered in third party's name but gifted and jointly developed is matrimonial property
12 May 2026
A final judgment in the first suit barred the respondent's subsequent tort claim of conversion and negligence under res judicata.
Civil procedure — Res judicata — Suit barred where the same matter was directly and substantially in issue and finally decided in a former suit — Applicability of section 11 CPC
12 May 2026
Senior underwriter’s non‑disclosure breached insurance principles; Court upheld reduced CMA compensation and dismissed appeal.
Employment law — unfair termination — Breach of underwriting principles and non‑disclosure — Employment and Labour Relations (Code of Good Practice) Rules 2007 (G.N. 42/2007) Rules 12 & 13
Evidence — oral versus documentary evidence — Industry standards and presumed knowledge by senior employees
12 May 2026
Stay of execution granted pending appeal, conditional on indemnity/security and arrangements safeguarding children's maintenance.
Civil procedure — Stay of execution pending appeal — Substantial loss and security undertaking required for stay — Court of Appeal Rules 2009 r 11(3),(4),(5)
Family law — Child maintenance — Parental duty to maintain — Deposit into children's account and proof of payment
12 May 2026
Arbitrator’s failure to determine issues framed by parties invalidates award and warrants remittal for rehearing.
Labour law — Arbitration — omission vitiates proceedings — Labour Institutions (Mediation and Arbitration Guidelines) Rules r.24(4)
Judicial review — Revision of CMA awards — Impropriety of deciding issues not determined by tribunal — Remittal for rehearing before different arbitrator
8 May 2026
8 May 2026
Substantively fair dismissal for concealing adverse credit history but procedurally flawed due to improperly constituted disciplinary committee.
Labour law — unfair termination — substantive fairness (dishonesty) — Gross dishonesty as valid reason for dismissal (employer's burden to prove)
Labour law — Disciplinary procedure
— procedural fairness, committee composition and bias — Improper constitution of disciplinary committee vitiates proceedings
— investigation and investigation report — Disclosure of investigation report not mandatory; evidence must be tabled (GN No. 42 of 2007, rule 13)
8 May 2026
Retrenchment was substantively and procedurally fair; internal financial records can suffice.
Labour law
— retrenchment for operational requirements — Employer's burden to prove operational requirements and financial hardship — ELRA s 88(4)
— retrenchment procedure — Consultation requirement — ELRA s 39(1) and Code of Good Practice rule 23
8 May 2026
Extension of time upheld where res judicata and jurisdictional illegality were clearly pleaded and justified further determination.
Civil procedure
— extension of time — res judicata — Whether alleged illegality justifies extension of time
— exercise of judicial discretion — Court must not prematurely decide merits when ruling on extension of time
Appellate practice — Illegality apparent on the face of the record — Whether illegality can justify extension of time
7 May 2026
Failure to administer oath or affirmation to CMA witnesses vitiated proceedings; award and judgment quashed and matter remitted for rehearing.
Civil procedure — Evidence — Mandatory administration of oath or affirmation — Order XVIII r.2 CPC; Oaths and Statutory Declarations Act s.4
Labour law — Arbitration proceedings — Nullified proceedings due to procedural irregularity at CMA — Labour Institutions (Mediation and Arbitration Guidelines) r.25(1)
7 May 2026
Extension of time upheld where 178-day delay was fully accounted for and constituted technical delay from prosecuting earlier proceedings.
Civil procedure — extension of time — duty to account for each day of delay — Lyamuya guidelines
Labour law — technical delay — time spent prosecuting earlier applications may constitute good cause for extension — condonation/good cause
Appellate practice — High Court bound by Court of Appeal precedent — subordinate courts may distinguish decisions on materially different facts
7 May 2026
Consultancy agreement held not to create employment; arbitration clause ousted CMA jurisdiction.
Labour law
— Employment relationship — Application of section 61 factors and ILO Employment Relationship Recommendation (2006) to determine existence of employment relationship
— Jurisdiction of CMA — Effect of contractual arbitration clause — Ousting CMA jurisdiction
7 May 2026
The appellant failed to account for a four‑year delay and no apparent illegality was shown, so extension was refused.
Civil procedure — Extension of time — Duty to account for each day of delay — Lyamuya guidelines
Labour law — Revision of CMA award — Illegality must be apparent on the face of the record to warrant extension of time
5 May 2026
Unfair termination claim was time‑barred; CMA lacked jurisdiction to entertain the dispute.
Labour law — limitation — filing of termination disputes within 30 days under Rule 10(1), GN — Labour Institutions (Mediation and Arbitration) Rules, G.N. No. 64 of 2007, r.10(1)
Evidence — authenticity of documentary evidence — Operative notice of termination determined by contemporaneous notice and supporting oral evidence
5 May 2026
Court upheld divorce and custody, found limited respondent contribution, and adjusted property division to 80%/20%.
Family law
— Divorce — Divorce-custody and access — Decree of divorce and custody upheld
— Division of matrimonial property — Matrimonial property division: s114 — Assessment of contribution and adjustment of shares
— Spousal consent to disposition of matrimonial home — Section 59 LMA inapplicable to non‑alienation agreements
5 May 2026
5 May 2026
Court of Appeal lacks jurisdiction under rule 4(2) to grant interim injunctions; application struck out with costs.
Civil procedure
— Interim injunction — Injunction pending appeal — rule 4(2)(a),(b)
— Stay of execution — Competency and requirements under Court of Appeal Rules 2009 (Rule 11(2)) — injunctions reserved to trial court
5 May 2026
Employer validly varied the fixed‑term contract; High Court's unpleaded salary award set aside.
Employment law
— Fixed‑term contract — Burden on employer to prove genuine operational reasons — Clause 12.0(c) (contractual variation)
— Leave without pay — Concurrent imposition with material contract variation and entitlement to unpleaded salary award
5 May 2026
Removal of a public servant requires stated reasons; mandamus was inappropriate where its strict prerequisites were unmet.
Administrative law
— Judicial review — Certiorari for breach of natural justice — Whether mere invocation of "public interest" suffices as reasons
— Mandamus — Court may not grant mandamus absent proof of essential facts — Conditions precedent for issuance and availability as a judicial review remedy
5 May 2026
Conviction overturned where visual ID was unsafe, identification parade flawed, and cautioned statement not listed at committal.
Criminal law — Evidence — Visual identification at night — Need for specific description of lighting and circumstances to avoid mistaken identity
Criminal procedure
— Identification parade — Value dependent on prior detailed description of suspect
— Committal proceedings — Listing and explanation of documentary and statement exhibits under s 246(2) CPA — Non‑compliance renders exhibits inadmissible
5 May 2026
Minor affidavit defects do not defeat an application; extension granted where dismissal was an error on the face of the record.
Labour law
— Labour court procedure — Affidavit requirements — Rule 55
— Extension of time — Sufficient cause and accounting for delay — Point of illegality apparent on the face of the record (Lyamuya principles)
Civil procedure — Execution — Garnishee order — Functus officio and finality of prior trial‑court rulings
5 May 2026
Probationary employee with six months' service is entitled to compensation when employer breaches probation procedures.
Employment law — Probationary employment — Termination during probation — Procedural safeguards under Code of Good Practice r.10; ELRA s.36
5 May 2026
Applicant's stay application struck out for abusing court process by pursuing parallel proceedings over the same decree.
Civil procedure
— Abuse of process/multiplicity of proceedings — Whether instituting parallel proceedings seeking the same relief constitutes an abuse of process — Substance prevails over form
— Stay of execution — Whether a stay application is competent where parallel proceedings concerning the same decree are pending — Abuse of process principle
4 May 2026
Whether PSRBA applies to a PPF member and whether contractual deduction of gratuity was lawful.
Labour law — Employment/pensions law — Applicability of Public Service Retirement Benefits Act to persons registered under other pension laws — Section 2 exclusion
Contract law — enforcement of express contractual terms — Validity and enforceability of express clause permitting deduction of employer's social security contributions from gratuity — Sanctity of contract
Appellate practice — time for appeal — Timeliness of appeal and cure by leave to file supplementary record
4 May 2026
April 2026
An express contractual clause excluding renewal bars a claim of legitimate expectation and unfair termination.
Labour law
— Fixed-term contracts — Reasonable expectation of renewal — Effect of express contractual exclusion
— Contract interpretation — Employer conduct, prior renewals and courtesy notices do not override clear contractual terms
30 April 2026
A mediator lacks jurisdiction to arbitrate or issue awards; disputes must be referred to arbitration under the ELRA.
Labour law
— Mediation and arbitration — Mediator acting as arbitrator — Section 88(3)(b) ELRA; rule 14(2)(a)(ii) G.N. No. 67/2007
— Mediation — Mediator’s role limited to facilitating settlement — Facilitation of settlement, not adjudication
Civil procedure — jurisdiction — Nullification of proceedings for lack of jurisdiction — Nullity of proceedings where quasi‑judicial officer acts beyond conferred powers
30 April 2026
Appeal dismissed: CMA referral was timely and retrenchment failed statutory notice, disclosure and consultation requirements.
Labour law
— retrenchment procedure — Consultation requirement
— time limits for referral to CMA — Whether the 30‑day limitation for referring unfair termination disputes to the CMA runs from the termination date or from the notice/decision date — Labour Institutions
29 April 2026
Termination for activities connected to lawful trade union duties was substantively and procedurally unfair, warranting compensation.
Labour law
— Unfair termination — Employer's burden to prove valid reason and fair procedure — Employment and Labour Relations Act ss 40 and 38(3)
— Trade union organizational rights — Protection against dismissal for exercising organizational/union functions — Employment and Labour Relations Act s 38(3)(iii),(v)
— Disciplinary procedure — Procedural fairness, committee composition and bias — HR Guidelines and Code of Good Practice (G.N. 42 of 2007)
29 April 2026
Applicant failed to justify a 35‑day delay; extension of time to seek review was properly refused.
Appellate practice — Appellate discretion — Interference only where misdirection or clearly wrong exercise of discretion
Labour law — Extension of time to file revision — requirements to show good cause and account for each day’s delay
29 April 2026
A foreign applicant without valid work and residence permits cannot sustain a labour claim; CMA lacked jurisdiction.
Civil procedure — Revision proceedings — Affidavit evidence and evasive denials
— court may determine jurisdictional defects at revision stage
— Evasive denial insufficient to controvert sworn allegations
Labour law — Employment contracts — NEPSA
29 April 2026
Registered title is not decisive; domestic contributions can entitle a spouse to share of matrimonial property.
Family law
— Matrimonial property — Property acquired during marriage is matrimonial property even if registered in one spouse's name — s.114 Law of Marriage Act
— Division of matrimonial property — Assessment of monetary and non-monetary contributions — s.114 Law of Marriage Act
29 April 2026
Court upheld revised shares for some assets but removed Pongwe and Kilapula from the matrimonial estate for lack of proof.
Family law — Division of matrimonial assets — determination of what constitutes a matrimonial asset and consideration of contributions — Section 114 Law of Marriage Act (Cap. 33)
29 April 2026
Whether a CMA referral was time‑barred under rule 10 due to dispute over the operative termination date.
Labour law — Retrenchment — Time limit for referral to the CMA under rule 10: date of termination versus date employer made final decision — Labour Institutions (Mediation and Arbitration) Rules GN. No. 64 of 2007 r.10
29 April 2026
Emails announcing abolition of post constituted termination; employer failed required retrenchment consultation, awarding twelve months' compensation.
Employment law
— Compensation for unfair termination — Compensation under s.41(1)(c) ELRA (twelve months' remuneration)
— Retrenchment — Compliance with section 38 (notice, disclosure, consultation, selection, severance) — Failure renders retrenchment unfair
— Termination of employment — Whether employer's emails constituted effective termination of employment
29 April 2026
High Court exceeded its revisionary jurisdiction by adjudicating the merits of a CMA award outside the extension application.
Civil procedure
— extension of time — Illegality on the face of the record
— revisional jurisdiction — High Court may revise subordinate court records only where those records have been called for or come to its knowledge
29 April 2026
Failure to comply with a statutory appeal period results in dismissal under the Law of Limitation Act unless a contrary intention appears.
Limitation law — Application of LLA to other statutes
— Application of the Law of Limitation Act to limitation periods prescribed by other written laws — s.46 Law of Limitation Act
— Consequence of non-compliance with statutory appeal period — Dismissal under s.3(1) Law of Limitation Act
24 April 2026
Whether the High Court properly exercised its discretion to extend time under section 14 given a 23‑day delay.
Civil procedure
— extension of time
— sufficiency of cause — Promptness and diligence
23 April 2026
Labour Court validly set aside CMA award for improper procurement and mischaracterisation of legal representation.
Labour law
— Revision of CMA award — Misconduct and improper procurement as grounds to set aside arbitration awards — s 91(1)–(2) ELRA
— Revision procedure — Scope of revision and power to re‑evaluate evidence under s 91(4) ELRA
Employment law — Disciplinary procedure — Whether counsel’s reply to management constitutes insubordination — Rule 13(1) GN No. 42/2007 (investigation requirement)
23 April 2026
Court held respondents' substantial unexplained delays did not justify extension; High Court's grant vacated and application dismissed.
Civil procedure — extension of time — Judicial discretion
22 April 2026
Execution stayed pending appeal; applicant ordered to lodge a bank guarantee to secure the decretal sum.
Civil procedure — Execution — Prevention of appeal being rendered nugatory — Balance of convenience governs grant of stay
Civil procedure — Security for stay
— court may order bank guarantee and set deadlines
— Form, quantum and timetable
Civil procedure — Stay of execution pending appeal — Conditions and discretionary factors for grant of stay — Undertaking to provide security may suffice
21 April 2026
Bank issuing under an LC is limited to document compliance; non‑shipment of cargo does not trigger marine insurance indemnity.
Contract law — banker — customer relationship
Contract law — Letter of credit — UCP 600 — strict compliance — banks deal with documents only, not goods
Contract law — Marine cargo insurance (Institute Cargo Clauses A)
— Appeal allowed, suit dismissed
— indemnity for maritime adventure/voyage only
— Non‑shipment not covered
— Pleadings confine issues
17 April 2026
Regional prosecutor's consent valid; chain of custody and chemist's analysis upheld; alibi rejected; appeal dismissed.
Criminal law — Trafficking in narcotic drugs — chain of custody
Criminal procedure — consent to prosecute — jurisdictional competence
Evidence — Alibi — When alibi is an afterthought and fails to raise reasonable doubt
16 April 2026