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Citation
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Judgment date
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| April 2019 |
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Bail under EOCCA s.29(4)(d) lies with the High Court; Division lacked jurisdiction and its proceedings were set aside.
Criminal procedure – bail – Jurisdiction to hear bail under EOCCA s.29(4)(d) – power vested in the High Court, not exclusively in the Corruption and Economic Crimes Division. EOCCA s.36(1) – directory/regulatory provision governing exercise of bail powers, not an independent source of jurisdiction. Charge sheet must disclose facts (e.g., value threshold) necessary to found jurisdiction under s.29(4)(d). Proceedings of a court lacking jurisdiction are a nullity and may be set aside under s.4(2) AJA.
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12 April 2019 |
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Division lacked jurisdiction under EOCCA s.29(4)(d); proceedings nullified for want of jurisdiction.
Criminal procedure — Bail — EOCCA s.29(4)(d) jurisdiction to grant bail — Corruption and Economic Crimes Division v. High Court sub‑registries; EOCCA s.36(1) procedural not jurisdictional; charge sheet must disclose value threshold for s.29(4)(d); proceedings null for want of jurisdiction; revisional power under AJA s.4(2).
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12 April 2019 |
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Fixed-term employees with under six months’ service cannot claim unfair termination; dismissal for proven misconduct upheld.
Employment law – Fixed-term contracts – applicability of s.35 (employees with less than six months) to unfair termination claims; Misconduct versus incapacity; Disciplinary procedure compliance; Jurisdiction of CMA/High Court over fixed-term contract disputes.
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12 April 2019 |
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Deputy Registrar lacked jurisdiction to grant stay of execution after a notice of appeal was filed.
Appellate jurisdiction — lodging notice of appeal divests the High Court of jurisdiction; Labour Court — stay of execution under Employment and Labour Relations Act must be granted by the court, not Registrar/Deputy Registrar; Statutory interpretation — specific labour statutes prevail over general Civil Procedure Code provisions for Labour Division matters.
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12 April 2019 |
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The respondent on successive three-month fixed-term contracts was not protected by unfair-termination provisions; dismissal for misconduct and procedure upheld.
Employment law — Fixed-term contracts — Application of s.35 (exclusion for employees with less than six months’ employment); Disciplinary dismissal — misconduct versus incapacity; Procedural fairness — compliance with Code of Good Practice; Jurisdiction — competence of CMA and High Court to hear unfair termination claim for short fixed-term contracts.
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12 April 2019 |
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Delay caused by occupier's death did not invalidate compensation; payment covering improvements and received by appellant required remittance to estate.
Land law – compensation for unexhausted improvements – validity of valuation reports; delay in payment caused by death of occupant – lawful excuse for delayed compensation; payment to occupant later appointed administrator – duty to remit to estate; section 14(b) Land Ordinance compliance.
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10 April 2019 |
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Bona fide purchaser protected where administratrix fails to account and the heir-seller is not impleaded.
Land law – bona fide purchaser for value – protection of purchaser who acquires in good faith and makes substantial improvements; Administration of estates – duties of administratrix under Primary Courts (Administration of Estates) Rules – requirement to account and file inventory; Non-joinder – failure to implead heir/seller undermines challenge to disposition; Civil procedure – omission of capacity in case title undesirable but not fatal where capacity is evident from record.
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10 April 2019 |
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Applicant failed to account for delay and to show arguable Rule 66(1) grounds; extension to apply for review dismissed with costs.
Civil procedure – Extension of time – Requirement to show good cause under Rule 10 and arguable review grounds under Rule 66(1). Delay – Distinction between 'technical' delay (pursuit of earlier proceedings) and 'real' delay; must account for each day. Evidence – Expungement of unpleaded exhibits (P2–P8). Review – Applicant must particularize which Rule 66(1) ground is relied upon.
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10 April 2019 |
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Whether a notice of appeal may be struck out where the appellant promptly requested missing proceedings.
Civil procedure — Appeal procedure — Striking out notice of appeal under Rule 89(2) — What constitutes "essential steps" after lodging a notice of appeal — Requesting missing proceedings — Effect of GN 362/2017 (inserting Rule 90(4)) and issue of retrospective application — Prematurity of objections to missing documents relating to a separate leave application.
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8 April 2019 |
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An appellate court should dismiss unproven special damages rather than order retrial to assist the claimant.
Evidence – burden of proof (s.110, s.112 Evidence Act) – party who alleges must prove; Special damages – must be specifically pleaded and strictly proved; appellate remittal for retrial inappropriate where special damages were not proved.
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6 April 2019 |
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Reported
Unproven special damages must be dismissed; burden of proof rests on the party alleging compensation.
Evidence — Burden of proof — Party who alleges must prove facts (Evidence Act ss.110,112); Special damages — must be specifically pleaded and strictly proved; Appellate remedies — unproved special damages should be dismissed, not remitted for retrial.
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6 April 2019 |
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Notice of appeal not struck out where respondent validly requested missing proceedings and did not neglect essential steps.
Civil procedure – striking out notice of appeal under Rule 89(2) – requirement to take essential steps after lodging notice of appeal; Registrar's duty to supply requested proceedings; Rule 90(4) (GN 362/2017) – retrospective application of procedural amendments; premature challenge to service of proceedings for unappealed leave decision.
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6 April 2019 |
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Reported
Special damages require strict proof; appellate general damages award upheld as reasonable.
Motor vehicle accident – passenger injuries – claims for special and general damages. Special damages – must be specifically pleaded and proved with supporting documents (medical reports, receipts). General damages – discretionary award by trial/appellate court; interference only where reasons absent or assessment unreasonable. Unproven embellishments (mental confusion, loss of conjugal rights) cannot justify higher damages.
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5 April 2019 |
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A subordinate court lacked jurisdiction to try economic offences without valid DPP consent/certificate; proceedings declared nullity and appellant released.
Jurisdiction – Economic offences – mandatory DPP consent (s.26(1)) and certificate (s.12(3), s.12(4)) for trial in subordinate courts – name mismatch on certificates invalidating consent – trial proceedings and appellate judgment nullity. Criminal procedure – combination of economic and non-economic offences – subordinate court lacks jurisdiction without proper transfer certificate. Remedy – nullity of proceedings; where substantial sentence served and irregularities acknowledged, release may be ordered instead of retrial.
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5 April 2019 |
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Appeal against murder conviction dismissed: procedural defects were non-prejudicial and identification plus exhibit handling proved guilt.
Criminal law – murder and sale of human remains; succession of trial judge (s.299 CPA) and right to recall witnesses; admissibility of cautioned statements recorded beyond statutory four hours; seizure certificate formalities; chain of custody of exhibits and identification evidence – recognition and identification parade; substantive-justice focus under AJA s.3A.
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4 April 2019 |
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Court upheld murder convictions despite procedural irregularities, finding identification and exhibits reliable; appeal dismissed.
Criminal law – murder of a person with albinism – change of trial judge and s.299 CPA – admissibility of cautioned statements taken outside statutory time (s.50 CPA) – seizure certificate formalities – chain of custody and forensic evidence – visual identification and standards for reliability.
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4 April 2019 |
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Reported
A refiled employment suit was quashed as a nullity for failing to follow an earlier court directive on appropriate remedies.
Administrative law; prerogative remedies (mandamus, certiorari) v. ordinary suit – forum competence for police employment disputes; resubmission/refiling after court-directed incompetence; nullity of proceedings; Court of Appeal revisional powers under section 4(2) AJA; jurisdictional bars and pecuniary jurisdiction.
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4 April 2019 |
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Appellate court reduced a manifestly excessive 15-year sentence for attempted murder to ten years, emphasizing mitigation.
Criminal law – Sentencing – Attempted murder – Whether fifteen-year custodial sentence was manifestly excessive – Relevance of guilty plea, first offender status and remand custody in mitigation – Appellate interference where trial court relied on extraneous considerations.
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4 April 2019 |
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Belief in witchcraft, unsupported by physical provocation, does not reduce murder to manslaughter; appeal dismissed.
Criminal law – Murder v manslaughter – provocation and belief in witchcraft; evidence required to establish witchcraft as provocation; Criminal Procedure Act – assessors (s.266, s.273), applicability of s.210(3), and curability of omission under s.293(1) by s.388.
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4 April 2019 |
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The appellant's unproven belief in witchcraft did not reduce murder to manslaughter; appeal dismissed.
Criminal law – Murder v Manslaughter – provocation and belief in witchcraft; requirement of physical acts or threats to ground witchcraft defence; Criminal Procedure – assessors’ appointment and listing (ss.266, 273); Applicability of s.210(3) to subordinate courts only; No-case-to-answer hearing (s.293(1)) omission curable under s.388 where no prejudice.
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4 April 2019 |
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The applicants' appeal dismissed; identification, delayed cautioned statements, seizure certificate defects, and chain of custody were upheld.
Criminal law – change of judge and s.299 CPA compliance; admissibility of delayed cautioned statements; seizure certificate defects; chain of custody requirements for exhibits; visual identification evidence and proof beyond reasonable doubt.
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4 April 2019 |
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Ignorance of law or language alone does not constitute good cause for extension of time to file an appeal.
Civil procedure — Extension of time under Rule 10 — Good cause required — Factors: promptness, explanation of delay, prejudice, diligence. Ignorance of law or limited command of court language does not automatically constitute good cause. Illegality in the impugned decision must be shown to attract the exception to the good cause requirement. Application dismissed with costs to respondent.
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3 April 2019 |
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Reported
Trial of an economic offence without valid DPP consent/certificate renders proceedings null and appellant released.
Criminal procedure – Economic offences – DPP consent (s.26(1) of Economic and Organized Crimes Act) and certificate (s.12(3),(4)) required to confer subordinate court jurisdiction; Validity of consent/certificate – name discrepancy renders instrument invalid; Jurisdictional defect – trial and subsequent appeal proceedings founded on invalid consent/certificate are nullities; Remedy – release may be ordered instead of retrial where appellant has served substantial sentence and prosecution does not seek retrial.
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3 April 2019 |
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The applicant's appeal was struck out as time-barred for non-compliance with Rule 90(1).
Time limitation — appeal to Court of Appeal — Rule 90(1) Tanzania Court of Appeal Rules 2009 — certificate of delay — exclusion of period awaiting record copy — appeal filed after 60 days held time-barred; failure to seek extension; appeal struck out with costs.
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2 April 2019 |
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Defective summing-up, unreliable visual ID and inadmissible confessions led to quashing convictions and ordering release.
Criminal procedure – summing up to assessors – duty to direct assessors on all vital points of law; misdirection/nullity. Evidence – visual identification – requirements: time, distance, source/intensity of light, familiarity; weak identification unsafe. Evidence – cautioned statements – section 50(1)(a) CPA four-hour limit; non-compliance renders statement inadmissible and expungeable. Evidence – extra-judicial statements – inadmissible if taken in presence of police or without signed consent; breach of Chief Justice’s Instructions. Remedy – retrial vs release – where key evidence expunged and identification unsafe, release may be ordered in interests of justice.
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2 April 2019 |
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Assessors were not properly directed; identification and statement irregularities rendered convictions unsafe, so convictions and death sentences quashed.
Criminal procedure – trial with assessors – failure to sum up on vital points (ingredients of murder, malice, confessions) vitiates trial; Identification – visual ID at night by torchlight must include source, intensity, distance and duration; Evidence – cautioned statements recorded outside four-hour limit under s.50(1)(a) CPA are inadmissible and to be expunged; Extra-judicial statements taken in police presence or without proof of consent/signature breach Chief Justice’s Instructions and are inadmissible; Remedy – where admissible evidence is insufficient, quash convictions and order release rather than retrial.
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2 April 2019 |
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If a will is invalid the seller cannot pass title and the property reverts to the deceased's estate.
Land law; succession and testamentary validity — where a will is invalid the purported legatee/seller has no title to transfer (nemo dat quod non habet); appellate review of ambiguous phrasing — "to the extent explained" construed in context; requirement for reasons in appellate judgments (Order XX r.4 CPC).
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2 April 2019 |
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Respondent proved ownership on balance of probabilities; claim not time‑barred; appeal dismissed.
Land law – ownership dispute; burden of proof in civil cases – balance of probabilities; evidence – witness testimony and locus visit; limitation of actions – accrual on dispossession and twelve-year period; invitee versus occupier/owner.
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1 April 2019 |