|
Citation
|
Judgment date
|
| July 2025 |
|
|
The court granted a stay of execution of a High Court judgment pending appeal, conditioned on a security deposit.
Civil Procedure – Application for stay of execution – Requirements for stay pending appeal – Provision of security for debt performance |
31 July 2025 |
|
The court quashed convictions due to lack of credible, corroborative evidence in the appellant's rape and unnatural offence case.
Criminal law - Sexual offences - Credibility and reliability of evidence from a child victim - Corroboration requirement.
|
2 July 2025 |
|
The court dismissed an appeal due to the appellant's late filing of a revision application beyond statutory limits.
Employment law – unfair termination– computation of limitation periods for filing revision – jurisdictional implications of missed deadlines.
|
2 July 2025 |
|
Illegality in Land Tribunal's decision suffices for extension despite procedural non-compliance.
Civil procedure – extension of time – requisite of accounting for each day of delay – demonstration of illegality as ground for extension.
|
2 July 2025 |
|
Appeal dismissed as insufficient evidence provided for extension due to technical delay or illness claim.
Civil procedure - Extension of time - Technical delay - Grounds of illegality - Sufficient cause due to illness
|
1 July 2025 |
| June 2025 |
|
|
Violation of appellant's right to be heard rendered High Court's decision dismissing appeal for being time-barred a nullity.
Civil procedure – right to be heard – issue of limitation – computation of filing period – procedural fairness.
|
30 June 2025 |
|
Omission to administer oath to witnesses vitiated trial proceedings leading to a retrial order.
Civil Procedure - Witnesses; Failure to administer oath - consequences on trial validity.
|
30 June 2025 |
|
Conviction for transporting illegal immigrants overturned due to improperly admitted evidence and lack of corroborative witnesses.
Criminal Law - Cautioned statement - improper admission - burden of proof - transportation of illegal immigrants - corroborating witnesses.
|
30 June 2025 |
|
The court adjusted a murder conviction to manslaughter due to provocation, citing inadequate evidence of malice aforethought.
Criminal Law – Murder vs. Manslaughter – Defence of Provocation – Significance of Agreed Facts in Criminal Proceedings
|
26 June 2025 |
|
Court held High Court had no jurisdiction as appeal was filed out of time.
Civil Procedure – Electronic Filing – Time Limitation – Authorization for Manual Filing
|
26 June 2025 |
|
Appeal for statutory rape conviction is dismissed, upholding evidence reliability and prosecution's burden fulfillment.
Criminal Law – Rape – Credibility of Witnesses – Admissibility of Confession– Statutory Rape– Proof Requirements.
|
24 June 2025 |
|
Trial court lacked jurisdiction; conviction quashed and proceedings nullified due to evidential and procedural errors.
Economic crime - jurisdiction of trial court - evidence admissibility and chain of custody - nullification of conviction and proceedings.
|
24 June 2025 |
|
Failure to align charges with evidence presented at trial led to unproven armed robbery and quashed conviction.
Criminal Law – Armed robbery – Variance between charge and evidence – Reliability of confessional statements – Section 34 B of the Evidence Act.
|
24 June 2025 |
| May 2025 |
|
|
An application for stay of execution was struck out due to missing notice of intended execution.
Civil Procedure - Stay of Execution - Requirement for notice of intended execution - Rule 11(7)(d) of Tanzania Court of Appeal Rules
|
21 May 2025 |
| September 2024 |
|
|
A probate judgment was nullified and set aside due to procedural irregularities, with guidance given for proper Primary Court practice.
Probate and administration – Primary Court procedure – mandatory requirements for examination of witnesses under oath, record of clan/family meeting, adjudication of objections, and application of statutory forms – effect of procedural irregularities on the validity of probate proceedings – appellate revision and proper guidance on probate practice in Primary Courts.
|
17 September 2024 |
|
A trial court’s failure to provide reasoned rulings on objections vitiates proceedings, requiring a retrial from the stage of error.
Criminal procedure – Preliminary objections – Duty of trial court to deliver reasoned rulings – Admissibility of witness and exhibit – Failure to deliver ruling renders proceedings a nullity – Right to fair hearing – Retrial ordered as remedy for procedural irregularity.
|
5 September 2024 |
|
Continuous service under short-term casual contracts does not entitle a worker to claim unfair termination as an employee under Tanzanian law.
Employment law – unfair termination – eligibility to claim unfair termination under section 35 of the ELRA – distinction between casual labourer and employee – interpretation of section 35 of the ELRA – presumption of employment under section 61 of the LIA – effect of continuous service without an extended contract – written contract as determinant of employment status.
|
5 September 2024 |
|
A conviction for drug trafficking was nullified due to defective prosecutorial consent, with the case remitted for retrial.
Criminal procedure—Economic and Organised Crime—Jurisdiction—Validity of prosecution consent—Failure to cite provisions creating offence—Effect of defective consent—Nullity of trial proceedings—Order for retrial.
|
5 September 2024 |
|
Court of Appeal upholds murder convictions, finding confessions admissible despite procedural challenges and sufficient circumstantial evidence of guilt.
Criminal law – murder – procedure for recording of cautioned statements – evidentiary value of confessions – failure to tender postmortem report – circumstantial evidence – evaluation of procedural irregularities in confession evidence – admissibility of extra-judicial statements – consideration of defence evidence by trial court.
|
3 September 2024 |
|
The court upheld convictions for murder, finding procedural irregularities did not vitiate clear confessional and circumstantial evidence.
Criminal law – murder – confessions – admissibility of cautioned and extra-judicial statements – procedural irregularity – circumstantial evidence – postmortem report – consideration of defence evidence – proof beyond reasonable doubt.
|
3 September 2024 |
| July 2024 |
|
|
Appellant's conviction upheld, but sentence reduced to account for time already served following an earlier, quashed conviction.
Criminal law – Unlawful possession of government trophies and a firearm – Admissibility of cautioned statement – Compliance with time limits under Criminal Procedure Act – Certificate of seizure – Chain of custody – Evaluation of defense – Sentence credit for prior incarceration after conviction set aside for retrial – Proof beyond reasonable doubt.
|
30 July 2024 |
| June 2024 |
|
|
The Court of Appeal upheld a conviction for unlawful possession of government trophies, finding no fatal procedural or evidentiary errors.
Criminal law – Unlawful possession of government trophies – Signing of certificate of seizure under section 38(3) CPA – Absent independent witness – Chain of custody – Minor discrepancies in evidence – Appellate review.
|
24 June 2024 |
|
Variance in accused’s name and failure to comply with child witness competency rules led to the appellant’s acquittal.
Criminal law – Rape – Competency of child witnesses – Section 127(2) of the Evidence Act – Variation between charge and evidence – Charge not amended – Dock identification without parade – Fatal irregularity – Acquittal for failure of justice.
|
21 June 2024 |
|
A conviction for possession of government trophies was quashed due to defective DPP consent, and a retrial was ordered.
Criminal procedure – economic and organized crime – requirement of DPP's consent and certificate – jurisdiction of subordinate court – failure to specify statutory provisions – nullity of proceedings – retrial ordered.
|
21 June 2024 |
|
The court upheld murder convictions, finding confessions and identification valid, emergency searches lawful, and evidence sufficient beyond reasonable doubt.
Criminal law – murder – admissibility of confessions – delay in recording extra-judicial statements – legality of emergency searches – chain of custody – sufficiency of identification evidence – principles on weight of prosecution vs. defence evidence.
|
12 June 2024 |
|
Failure to amend a charge sheet to match the evidence and improper admission of child testimony renders the conviction unsustainable.
Criminal law – rape – child witness – section 127(2) Evidence Act – requirement for proper assessment of competency; Criminal procedure – variance between charge and evidence – necessity of amending charge sheet – effect of uncorrected defect; Dock identification – evidential value absent identification parade; Acquittal where charge unproved due to procedural defects.
|
11 June 2024 |
|
A fixed-term contract may only be terminated with reasons stated, and compensation for unfair termination must follow express contractual terms.
Employment law – fixed-term contracts – requirement of valid reasons for termination – compensation for unfair termination – basis for calculation of compensation – entitlement to repatriation expenses – pleadings and relief.
|
11 June 2024 |
|
A conviction for armed robbery was set aside for unreliable identification and failure to call key prosecution witnesses.
Criminal law – armed robbery – visual identification – reliability and sufficiency of evidence – identification parade requirements – failure to call material witnesses – standard of proof beyond reasonable doubt.
|
11 June 2024 |
|
Judgment nullified where trial court raised new issues in its decision without giving parties a hearing, breaching fair trial principles.
Civil procedure – Framing of issues – Failure to frame issues before trial – Whether fatal; Trial court raising additional issues suo motu in judgment – Right to be heard – Nullification of judgment for breach of natural justice.
|
7 June 2024 |
|
A High Court appeal is a nullity where the notice of appeal relates to different offences than those for which conviction is challenged.
Criminal Procedure – Notice of intention to appeal – Compliance with section 361(1)(a) of the Criminal Procedure Act – Consequences of a defective or unrelated notice of appeal – Nullification of appellate proceedings based on a defective notice.
|
6 June 2024 |
| November 2023 |
|
|
The Court of Appeal upheld a murder conviction, finding the prosecution’s evidence and the doctrine of recent possession sufficient.
Criminal law – Murder – Doctrine of recent possession – Admissibility of circumstantial and documentary evidence – Prosecution’s discretion in presenting evidence – Standard for dismissing alibi – Requirements for lawful seizure of evidence.
|
29 November 2023 |
|
An appeal against a High Court interlocutory ruling was struck out as incompetent as it did not finally determine the rights of the parties.
Civil procedure – Appeals – Competency of appeal against interlocutory order – Section 5(2)(d) Appellate Jurisdiction Act – Revisional jurisdiction – Exceptional circumstances – Res sub judice.
|
29 November 2023 |
| October 2023 |
|
|
A conviction was quashed after joint legal representation denied the appellant a fair trial due to conflicting interests.
Criminal procedure – Right to fair trial – Conflict of interest – Representation by same advocate – Consequences of unfair trial – Retrial not ordered where justice would not be served.
|
26 October 2023 |
|
A rape conviction was quashed where contradictions in prosecution evidence left consent unproven beyond reasonable doubt.
Criminal law – rape – ingredients of the offence – proof of lack of consent – contradiction between prosecution witnesses – admissibility of documentary evidence under section 34B of the Evidence Act – appellate review of factual findings.
|
25 October 2023 |
| June 2023 |
|
|
Cautioned statements taken after prolonged custody and in others' presence are inadmissible; weak circumstantial evidence cannot sustain conviction.
Criminal procedure – admissibility of cautioned statements – compliance with sections 50 and 51 (interview period) – voluntariness when recorded in presence of other officers – expungement; Evidence – chain of custody and proof of ownership of exhibits (mobile phones/SIMs) – requirement for seizure receipt, exhibit documentation and service-provider proof; Circumstantial evidence – must form a complete chain irresistibly pointing to accused's guilt.
|
19 June 2023 |
|
A conviction for malicious damage to property was quashed due to material evidential flaws and failure to properly prove core elements of the offence.
Criminal law – Malicious damage to property – Proof of malice and damage – Section 326(1) Penal Code – Admissibility of documentary evidence – Requirement to read out documentary exhibits upon admission – Material contradictions in prosecution evidence – Quashing of conviction where offence not proved beyond reasonable doubt.
|
8 June 2023 |
|
The court upheld the armed robbery convictions, confirming proper identification and the application of recent possession doctrine despite procedural objections.
Criminal law – armed robbery – standard of proof – identification evidence – application of the doctrine of recent possession – admissibility of documentary exhibits – chain of custody – burden of proof – adverse inference from non-calling of witness.
|
7 June 2023 |
|
A conviction for an economic offence was quashed and a retrial ordered due to lack of court jurisdiction and DPP's consent.
Criminal procedure – Economic offences – Jurisdiction of trial courts – Requirement for DPP's consent and transfer certificate – Nullity of proceedings in absence of jurisdiction – Order for retrial.
|
5 June 2023 |
| May 2023 |
|
|
Applicant failed to show good cause or account for delays; extension to file review denied.
* Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – requirement to show good cause; must account for each day of delay and demonstrate diligence.
* Criminal appeals/reviews – Application for review – adequacy of grounds (visual identification/denial of hearing) does not cure failure to show good cause for delay.
* Practice – Transfers/incarceration and logistical constraints may explain some delay but do not absolve applicant from accounting for all days of delay.
|
12 May 2023 |
|
Whether village council may allocate over thirty hectares—Court affirms that power and dismisses appeal with costs.
* Land law – Village Land Act, s.32(5)(c) – village council power to determine grants exceeding thirty hectares (Class C applications).
* Civil procedure – appeal grounds – issues not raised at trial cannot be entertained on appeal.
* Civil procedure – counter‑claim and joinder – absence of a properly filed counter‑claim/joinder cannot be remedied on appeal.
* Appellate review – errors or illegalities must be apparent on the face of the record to warrant intervention.
|
12 May 2023 |
|
The Court dismissed the appeal, upholding jurisdiction, the grant of divorce, and the High Court’s division of matrimonial assets.
* Family Law – Divorce – jurisdiction where reconciliation certificate predates transfer from primary court – certificate not expired if suit originated earlier in lower court.
* Family Law – Divorce – irreparable breakdown – loss of love, denial of conjugal rights and failed reconciliation suffice.
* Matrimonial property – Division under s.114 LMA – contribution includes indirect/non-monetary efforts; Bi Hawa Mohamed principles applied.
* Appeal – re-evaluation of evidence by appellate court – High Court’s adjustment of asset division not disturbed.
|
12 May 2023 |
|
Fixed-term employment terminated prematurely warrants payment for remaining contract period; no new unpleaded issue arose.
Labour law – fixed-term contract – premature termination requires payment for remaining contract period; evidence – failure to cross-examine deemed acceptance – no new issue raised by CMA/High Court; remedies – distinction between fixed-term and indefinite contracts under GN No. 42 of 2007.
|
10 May 2023 |
|
Appellant's conviction upheld on recent possession and circumstantial evidence; late caution statement expunged, appeal dismissed.
* Criminal law – doctrine of recent possession – elements: possession, proven ownership, recent theft from complainant, and relevance to offence charged.
* Evidence – circumstantial evidence and 'last seen' inference – sufficiency to prove guilt beyond reasonable doubt.
* Criminal procedure – caution statements – compliance with sections 50 and 51 CPA; statements recorded outside statutory period may be expunged.
* Evidential issues – seizure certificate admissibility; minor exhibit-handling inconsistencies not fatal.
* Forensic evidence – DNA/fingerprint evidence not mandatory; prosecution may rely on circumstantial proof.
|
2 May 2023 |
|
Failure to deposit required mortgage discharge funds justified rescission; subsequent purchaser was bona fide and refund restored.
Contract of sale of land – obligation to discharge vendor's mortgage by depositing funds into vendor's loan account – time of essence where purpose is to avert auction – rescission for breach under s.55 LCA – bona fide purchaser for value without notice – effect of caveat filed at bank vs. registration – refund of payments on rescission.
|
2 May 2023 |
|
Minor procedural defects in Ward Tribunal proceedings do not vitiate its decision absent a demonstrated failure of justice.
* Land law – Ward Tribunal jurisdiction – incorrect titling of the tribunal in records does not defeat jurisdiction where tribunal functioned and bore official stamp. * Civil procedure – Composition of tribunal – statutory minimum members satisfied despite some missing coram entries where members participated and attended site visit. * Procedural irregularities – Section 45 Land Disputes Courts Act and overriding objective bar reversal for mere errors or omissions absent failure of justice.
|
2 May 2023 |
| April 2023 |
|
|
Identification evidence at night lacked corroboration and specificity, so the Court quashed the appellant's conviction.
Criminal law – Identification evidence: visual identification at night; recognition evidence and requirement to show familiarity and conducive conditions; cautionary approach; need for corroboration and calling of intervening witnesses; possibility of mistaken identity.
|
27 April 2023 |
|
Alleged illegality in a decision can justify extension of time to appeal despite some unexplained delay.
* Civil procedure — extension of time under Rule 10 — requirements to account for delay — unexplained gap may defeat 'technical delay'.
* Appeal — alleged illegality in impugned decision (accusation of forgery without proof) — illegality as a ground to extend time.
* Precedent — Principal Secretary v. Devram Valambhia applied: courts should extend time to enable consideration of alleged illegality.
|
27 April 2023 |
| March 2023 |
|
|
|
3 March 2023 |
| March 2022 |
|
|
An appeal relying on a defective certificate of delay and non-compliance with rule 90 is incompetent and struck out.
Civil procedure – appeals – time limits – rule 90 proviso and rule 90(3) – certificate of delay – strict compliance required; Registrar has no power to issue certificate where application for copies was not made within 30 days or not served on respondent; appeal instituted out of time is incompetent and struck out.
|
7 March 2022 |