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Citation
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Judgment date
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| December 2023 |
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Failure to prove authorship of disputed loan documents and improper burden shifting led to quashing of the judgment.
* Evidence Act s.110 – burden of proof – plaintiff who alleges loan must prove authenticity of documentary evidence.
* Civil Procedure Code Order VI r.4 – fraud/forgery must be particularized in pleadings.
* Standard of proof – allegations of fraud/forgery require a higher degree than ordinary balance of probabilities.
* Documentary evidence – weight and authorship; necessity to call bank/technical witnesses to establish cheque authenticity.
* Civil appeal – improper shift of burden and judgment against the evidence justify quashing decree.
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21 December 2023 |
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A three‑year unexplained delay in serving notice of appeal is inordinate; applicant failed to show good cause for extension.
* Civil procedure – extension of time – requirements for showing good cause – factors: length of delay, reasons, diligence, prejudice, point of law (Lyamuya, Devram, Bushiri).
* Delay of over three years without adequate explanation or accounting is inordinate and may justify refusal to extend time.
* Applicant must account for each day of delay and demonstrate prompt action upon discovery of omission.
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14 December 2023 |
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Court upheld statutory rape conviction: victim credible, age and penetration proved; appeal dismissed.
* Criminal law – Statutory rape – proof of age and penetration – victim’s testimony as best evidence; PF3 and school register as evidence of age. * Criminal procedure – Preliminary hearing under s.192 Criminal Procedure Act – proper conduct and purpose. * Criminal procedure – Succession of magistrates – s.214 compliance and absence of miscarriage of justice. * Evidence – Credibility and corroboration in sexual offence cases.
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14 December 2023 |
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A fixed‑term appointment supplants a prior unspecified‑term employment; oral promise to revive it is inadmissible against the written contract.
* Labour law – fixed‑term appointment v. unspecified (permanent) contract – whether fixed‑term appointment terminates prior permanent contract automatically.
* Employment contracts – possibility of concurrent full‑time contracts – impracticability; part‑time exception distinguished.
* Evidence – parol evidence rule (s.100 & s.101 Evidence Act) and s.14(2) ELRA – oral agreement cannot vary written employment contract unless exception applies.
* Procedural – res judicata issue raised but not dispositive once primary contractual issues resolved.
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14 December 2023 |
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Extension of time to file revision granted where delay was promptly explained and alleged denial of hearing constituted good cause.
* Civil procedure — Extension of time under Rule 10 — good cause requirement — factors: length of delay, reasons for delay, prejudice.
* Extension of time — illegality of impugned decision — denial of right to be heard may constitute good cause if apparent on face of record.
* Probate/procedure — locus/standing — party appearing via suo motu district court review may properly appeal to High Court.
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14 December 2023 |
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Failure to read prosecution documents under s.246(2) CPA invalidates committal and quashes convictions.
Criminal procedure — Committal proceedings — Section 246(2) Criminal Procedure Act — Subordinate court must read or cause to be read information and prosecution documents — Mere listing of documents insufficient — Non‑compliance vitiates committal and subsequent trial; remedy: nullification, quashing of conviction and remittal for fresh committal.
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14 December 2023 |
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Review application dismissed: alleged bias, denial of hearing and manifest error not established; review cannot substitute an appeal.
Review jurisdiction — Rule 66(1) AJA/Rules — only for manifest error on face of record or deprivation of right to be heard; bias and bench composition — complaint must be timely and supported; re‑litigation via review not permitted; unincorporated association and property ownership considered in appellate evaluation of evidence.
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14 December 2023 |
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Review application dismissed: "permissible penalty" is not mandatory summary dismissal; no manifest error on the record.
* Appellate procedure – Review of Court of Appeal judgment – Rule 66(1)(a): manifest error on the face of the record causing miscarriage of justice required. * Employment law – 2nd Schedule, Security of Employment Act – "permissible penalty" construed as maximum allowable, not mandatory summary dismissal. * Civil procedure – Abuse of process – review cannot be used to re-open or rehear matters already decided on appeal.
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14 December 2023 |
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Court held respondent was a party and attachments of his personal property were wrongful; appeal dismissed.
* Civil procedure – party status and representation – village chairman sued in representative capacity; failure to object waives misjoinder.
* Execution law – attachment and sale – wrongful attachment of personal property where proceedings involved village representation.
* Remedies – objection proceedings under Order XXI, r.57 not decisive where party status and wrongful attachment established.
* Appellate review – High Court's quashing of DLHT order and restoration/compensation upheld.
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14 December 2023 |
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Applicant failed to account for delay or show an arguable ground; extension of time to file review denied.
Criminal procedure — Extension of time under Rule 10 — Applicant must account for each day of delay and show good cause — Requirement to disclose an arguable ground under Rule 66(1) (e.g., manifest error on face of record) — Discretion guided by length of delay, reasons, prejudice, diligence and point of law.
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14 December 2023 |
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Applicant's failure to account for delay justified refusal to extend time; one assessor's absence did not vitiate DLHT proceedings.
Civil procedure – extension of time – applicant must account for each day of delay; Illegality – limited to jurisdictional or material procedural defects; Land Disputes – DLHT may continue with chairman and one assessor under s.23(3).
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13 December 2023 |
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Appeal dismissed: prosecution proved statutory rape; new factual grounds at second appeal were not entertained.
Criminal law - Statutory rape (s.130(2)(e)) - Proof of age and penetration - Corroboration by parent and medical evidence (PF3) - Identification - Appellate procedure - New grounds not raised in earlier appeal not entertained.
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13 December 2023 |
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A child witness must make an express promise to tell the truth; absence invalidates her testimony and quashes the appellant's conviction.
* Criminal law – Sexual offences – Rape – Necessity of reliable evidence from child complainant; statutory promise under section 127(2) Evidence Act required when child testifies without oath.
* Evidence law – Witness of tender age – requirement of an express promise to tell the truth and not lies; failure to comply renders testimony of no evidential value.
* Evidential sufficiency – Hearsay – testimony by a parent recounting a child’s statements cannot by itself corroborate the child once the child’s testimony is expunged.
* Sentence – enhancement to life reversed as conviction quashed.
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13 December 2023 |
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Oral confessions made under restraint and before a crowd were not voluntary and required corroboration; convictions quashed.
* Evidence — Confessions — Oral confessions made in presence of vigilantes and a crowd — voluntariness and free agent requirement — need for corroboration. * Evidence — Failure to tender cautioned/extrajudicial statements — adverse inference. * Criminal appeal — Grounds alleging last-seen/circumstantial reliance misconceived where trial court did not rely on them.
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12 December 2023 |
| November 2023 |
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Review dismissed: applicants not deprived of hearing, typographical error corrected, fraud not shown; each party to bear own costs.
Court of Appeal — Review — Limited to manifest errors on face of record, deprivation of hearing or fraud; cannot be used to re‑argue merits or probe prior proceedings; oral/unopposed applications in court proceedings permissible under procedural rules; clerical errors correctable.
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14 November 2023 |
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General delay allegation insufficient; respondent’s timely applications and reminders to Registrar constituted essential steps, application dismissed.
- Civil procedure – Court of Appeal Rules, 2009 – Rule 89(2): strike out notice of appeal for failure to take essential steps; - Court of Appeal Rules – Rule 90: time to institute appeal, certificate of delay and obligations when Registrar fails to supply records; - Pleadings principle – parties bound by their pleadings; submissions cannot introduce new factual allegations; - Follow‑up diligence – applying for records and sending reminders may constitute essential steps to prosecute appeal.
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13 November 2023 |
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Review refused: review cannot be used to re-open factual findings or re-appraise reasoning; dismissal with costs.
* Appellate review — scope of review under section 4(4) AJA and rule 66 — limited to apparent errors on the face of the record. * Concurrent findings of fact — appellate restraint on re-opening factual determinations in second appeals. * Review vs appeal — re-appraisal of evidence and reasoning is not a ground for review. * Contract law — sanctity of contract and judicial reduction of exorbitant contractual interest (from 30% to 5%).
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10 November 2023 |
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The applicant's long unexplained delay and failure to state proposed review grounds led to dismissal of the extension application.
* Criminal procedure – extension of time to apply for review – applicant must show good cause and indicate proposed grounds under rule 66(1). * Delay – inordinate and unexplained delay is fatal; applicant must account for the period. * Ignorance of law or custodial status does not excuse procedural non-compliance. * Court not obliged to inform parties of right to review. * Discretionary exercise guided by length of delay, reasons, prospects of success and prejudice.
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9 November 2023 |
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Court granted conditional stay pending appeal where applicants showed likely substantial loss and undertook acceptable security.
Civil procedure – Stay of execution pending appeal; Rule 11(5) Court of Appeal Rules, 2009 – requirements of substantial loss and firm undertaking to furnish security; security must not be part of decreed subject land.
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9 November 2023 |
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Non-joinder of a titled purchaser denied the right to be heard and vitiated the High Court's decision, warranting re-hearing.
Land law; non-joinder and right to be heard – Order I r.10(2) CPC; certificate of title as prima facie proof of legal interest; revisional powers under AJA; vitiation of proceedings by denial of audi alteram partem.
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9 November 2023 |
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An appointed administrator has locus to be joined in place of a deceased party if records show lawful appointment and identity.
Civil procedure – substitution of parties on death – Rule 57(3)-(5) Court of Appeal Rules – administrator’s locus standi to be joined within twelve months; identity/alias issues in letters of administration; lower court/registrar decisions cannot vary Court of Appeal determinations.
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8 November 2023 |
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Notice of appeal struck out for failure to take essential steps and collect the record under Court of Appeal Rules.
Civil procedure — Appeal — Striking out notice of appeal for failure to take essential steps to prosecute — Court of Appeal Rules, 2009: rule 89(2) and rule 90(5) — duty to collect records and follow up registrar's notification.
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7 November 2023 |
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Review dismissed where alleged fraud/perjury was not raised or decided below; review jurisdiction is narrowly confined.
Practice and procedure – Review jurisdiction of Court of Appeal – narrow and exceptional remedy; issues must arise from pleadings; appellate court will not determine allegations of fraud or perjury not raised or decided in lower courts; affidavit evidence tied to withdrawn/struck-out proceedings is not available to support review.
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7 November 2023 |
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Court refused extension to seek revision against High Court's non-appealable refusal to certify a point of law.
* Appellate Jurisdiction Act s.5(2)(c) – certificate on point of law – exclusive jurisdiction of the High Court; refusal final and not appealable. * Civil Procedure – Rule 10 Court of Appeal Rules – extension of time – cannot be used to pursue statutorily barred remedies; exercise in futility. * Revision jurisdiction – Court of Appeal cannot compel High Court to issue certificate or certify points of law itself.
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7 November 2023 |
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Prior spousal consent to one mortgage does not validate a later mortgage; bona fide purchaser's title is protected.
Land law – mortgage of matrimonial home – spousal consent required for each mortgage (s.114 Land Act; s.59 Law of Marriage Act) – prior consent to an earlier facility does not validate a later separate mortgage; Civil procedure – certificate of delay and time for appeal – validity of certificate where complete record delayed; Property law – bona fide purchaser for value without notice protected (s.135 Land Act); Remedy – damages for unauthorized or irregular exercise of power of sale (s.134(4) Land Act).
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7 November 2023 |
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Failure to serve the Rule 90(3) letter invalidated the delay certificate and rendered the appeal time-barred.
* Civil procedure – Appeal competency – Service of written request for copies of High Court proceedings – Rule 90(3) Court of Appeal Rules – certificate of delay – where no acknowledgement or affidavit proving service, certificate invalid and appeal time-barred.
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6 November 2023 |
| October 2023 |
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Nighttime identification and non-compliant cautioned statements were unsafe; convictions quashed and sentences set aside.
* Criminal law – Identification evidence – Night-time visual identification – need for clear evidence of light source, intensity and duration to avoid mistaken identity. * Criminal procedure – Cautioned statements – compliance with section 50 (four-hour rule), section 51 (extension/exclusion of time), section 57 (recording and certification duties) and section 58 of the CPA – non-compliance vitiates statements. * Appeal – Appellate re-evaluation of credibility and consistency where sole identification and confessions are central.
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25 October 2023 |
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Thirty-year sentence for attempted murder reduced to ten years after trial court failed to consider mitigating factors and remand time.
Criminal law – Attempted murder – Sentencing discretion – Guilty plea and extra-judicial confessions as mitigating factors – Consideration of time spent on remand – Appellate interference where trial court overlooks material mitigation.
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23 October 2023 |
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Failure to comply with committal and evidential formalities rendered key exhibits inadmissible, leading to quashing of conviction.
Criminal procedure – committal proceedings – requirement to list and read over witness statements/documents (s246 CPA) – failure to comply bars tendering at trial; Evidence Act s34B(2) – statements by absent witnesses must be read over and signed by maker and recorder; cautioned statements – compliance with s50(1)(a) time limits for interview and necessity for explanation/extension of time; inadmissible exhibits may be expunged and may warrant acquittal if they are essential to conviction.
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23 October 2023 |
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Failure to swear witnesses at the CMA vitiated the proceedings, requiring rehearing before another arbitrator.
* Labour law – CMA proceedings – duty to administer oath/affirmation – Oaths and Statutory Declarations Act (Cap 34) and GN. No. 67/2007 (rule 25(1) and rule 19(2)(a)).
* Evidence – unsworn witness testimony – unsworn evidence amounts to no evidence and vitiates proceedings.
* Procedural irregularity – failure to comply with mandatory procedure – nullification of award and remittal for rehearing.
* Precedent – Tanzania Distillers decision distinguished; post‑Distillers authorities discount unsworn evidence.
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19 October 2023 |
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Visual ID, defective identification parade and unlawfully recorded cautioned statement rendered the murder convictions unsafe.
* Criminal procedure — Visual identification — Witnesses under stress at night; requirement for watertight identification (Waziri guidelines) — failure to show light intensity, early naming and consistency renders identification unsafe.
* Identification parade — of little value where witnesses know suspects and no prior descriptive record; noncompliance with Police General Orders invalidates parade evidence.
* Cautioned statement — must be recorded within statutory time and with proper custody chronology; failure to call arresting officer and recording outside time renders statement inadmissible.
* Retrial — not ordered where prosecution’s case is fragmented and a retrial would allow filling of evidential gaps rather than correcting mere procedural defects.
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18 October 2023 |
| September 2023 |
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Conviction quashed because key documentary exhibits were improperly admitted and remaining evidence was only suspicion.
Criminal law — admissibility of documentary exhibits — must be cleared, admitted and read out in court; failure renders exhibits inadmissible; expunged exhibits may undermine conviction; proof beyond reasonable doubt required — mere suspicion insufficient.
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27 September 2023 |
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Omission by a successor judge to assign reasons is not fatal absent prejudice to a party.
Civil procedure — Succession of trial judge — Order XVIII r.10(1) CPC — Requirement to assign reasons when successor takes over — Rule engaged where evidence has been recorded and witness demeanour observed — Failure to assign reasons fatal only if it causes prejudice; affidavits/interlocutory applications distinguishable.
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27 September 2023 |
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The court held the dispute was commercial and beyond the trial court's pecuniary jurisdiction, nullifying and quashing the proceedings.
* Commercial law – definition of "commercial case" under section 2 of the Magistrates' Courts Act; liability arising from business activities.
* Civil procedure – jurisdictional limits of Resident Magistrate/District Court in commercial cases (section 40(3)(b)).
* Remedy – nullification of proceedings and quashing of judgments where court lacks jurisdiction; liberty to refile.
* Costs – parties to bear own costs when Court raises issue suo motu.
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26 September 2023 |
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High Court erred by quashing entire divorce decree instead of limiting error to asset division; matter remitted for asset determination.
* Family law – Divorce – Division of matrimonial assets – Whether alleged matrimonial misconduct disentitles a spouse from sharing assets – Proof required for misconduct affecting entitlement.
* Appellate procedure – Powers of first appellate court – Jurisdiction to rehear evidence and determine issues of fact and law on record.
* Procedural remedy – When to quash entire judgment versus vacating a specific erroneous finding; appropriateness of remitting matters to trial court.
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26 September 2023 |
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Non‑compliance with committal requirements vitiated the trial; weak visual identification evidence led to quashing conviction and release.
Criminal procedure – committal proceedings – mandatory compliance with s.246(2) CPA (reading and explaining witness statements) and s.289(1) notice – non-compliance renders witnesses incompetent; Identification evidence – visual ID at night – Waziri Amani guidelines – contradictions, failure to name at earliest opportunity, and omission to call material witnesses undermine reliability; Remedy – nullification of committal and trial, quash conviction and set aside sentence; Retrial – remand inappropriate where prosecution case is not watertight and retrial would amount to persecution; Territorial jurisdiction irregularity curable under s.387 CPA.
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22 September 2023 |
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A notice of appeal can be struck out where the intending appellant fails to take essential procedural steps within prescribed time.
* Civil procedure — Appeal procedure — Rule 89(2) Court of Appeal Rules — striking out notice of appeal where essential steps not taken.
* Civil procedure — Time limits — Rule 90(1)–(3) Court of Appeal Rules — requirement to apply for and serve requests for certified copies in time; inability to rely on proviso absent compliance.
* Process — service and absence of reply affidavit — failure to contest factual averments on delay.
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20 September 2023 |
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Stay of execution application struck out for being time-barred and failing to file mandatory Rule 11 documents.
* Civil procedure – stay of execution – Court of Appeal Rules r.11(4) (timeliness) and r.11(7) (required documents) – failure to comply renders application incompetent; * Rule 4 – discretionary cure not applied where application is time-barred; * Labour enforcement – execution of compliance order; * Application struck out; no costs in labour matters.
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20 September 2023 |
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CMA lacked jurisdiction because public servants must exhaust internal/public service remedies under section 32A before litigating.
* Labour law — Jurisdiction of the Commission for Mediation and Arbitration — Public servants employed by public corporations — Section 32A Public Service Act — Requirement to exhaust internal/public service remedies before invoking labour law remedies.
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20 September 2023 |
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Unexplained delay in naming the suspect rendered the complainant’s testimony unreliable, warranting quashing of convictions.
Criminal law – rape and impregnating a schoolgirl; credibility of complainant – unexplained delay in naming suspect; admissibility and PF3 non‑compliance with s.240(3) CPA; absence of DNA evidence not determinative; appellate re‑evaluation of evidence under s.4(2) AJA; hearsay concerns and failure to consider defence.
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18 September 2023 |
| August 2023 |
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Non-compliance with statutory committal requirements rendered trial evidence inadmissible; convictions quashed and matter remitted for fresh committal.
Criminal procedure – committal proceedings – requirement under section 246(2) CPA to read and explain information and substance of witnesses' evidence; admissibility of witnesses and exhibits at trial – need for reasonable notice under section 289(1) CPA when committal non-compliant; remedy – nullification of proceedings, quashing of convictions and remittal for fresh committal under section 4(2) AJA.
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31 August 2023 |
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31 August 2023 |
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An unamended information naming absent co-accused rendered the trial a nullity; convictions quashed and retrial denied.
* Criminal procedure – defective information – naming absent co-accused – duty to amend under section 276(2) CPA – incurable defect vitiating trial.
* Fair trial – accused must know the precise nature and particulars of the charge.
* Power of court – section 4(2) AJA revisional powers – discretion to refuse retrial where further trial would be unjust.
* Section 388 CPA not available to cure fundamental defects prejudicing the accused.
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31 August 2023 |
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A registered certificate of title is prima facie conclusive; unregistered interests require proof of prior possession or notice; damages set aside.
* Land law – Registered title – Certificate of title is prima facie/conclusive evidence of ownership; may be rebutted by proof of prior interest and possession or notice. * Land law – Unregistered interests – Section 33(1)(b) (Land Registration Act) preserves unregistered interests but requires proof. * Evidence – Parol evidence rule applies: oral evidence cannot vary or add to a written sale agreement pleaded as entire contract. * Remedies – General damages require factual assessment of causation and quantum; unsupported awards will be set aside.
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30 August 2023 |
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Inadequate summing up and defective admission of cautioned statements rendered murder convictions null and void; retrial declined.
Criminal procedure — summing up to lay assessors — adequacy and essential elements; assessors' opinions — compliance with s.298(1) CPA; repudiated cautioned statements — requirement for corroboration and proper admission; duty to give reasons when overruling objections; retrial — interest of justice.
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30 August 2023 |
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High Court wrongly decided appeal on merits after declaring it incompetent and denying parties their right to be heard.
Civil procedure – preliminary objection – competence of appeal – High Court sustaining preliminary objection then deciding merits – functus officio – revisional versus appellate jurisdiction – right to be heard – ex parte proceedings and setting aside.
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29 August 2023 |
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Conviction for impregnating a secondary school girl upheld; 30-year statutory maximum reduced to ten years as excessive.
* Education Act s.60A(3) – offence of impregnating a primary/secondary school girl – statutory maximum sentence versus mandatory penalty; sentencing discretion. * Evidence – sufficiency and corroboration: victim testimony corroborated by parent, teacher (attendance register), police and clinical officer. * Identity and age – discrepancies in PF3 do not necessarily vitiate proof where oral evidence is consistent. * Procedure – failure to cross-examine and to give a defence may be treated as acceptance of prosecution case.
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29 August 2023 |
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Appeal incompetent where notice and proceedings were directed to a deceased respondent; proceedings quashed as nullity.
Civil procedure – service of process – proceedings instituted against a deceased person are incompetent and a nullity; Court of Appeal may invoke revisional powers (s.4(2) AJA) to quash void proceedings. Rules implicated: Tanzania Court of Appeal Rules 2009, r.84(1) and r.90(3).
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28 August 2023 |
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CMA proceedings where an advocate gave unsworn evidence were a nullity and were remitted for rehearing before another Arbitrator.
* Labour law – termination/constructive resignation – CMA procedures – witness testimony must be under oath – advocate acting as witness – evidence irregularity vitiates proceedings – nullity and remittal to CMA for rehearing before a different Arbitrator.
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28 August 2023 |
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A timely alibi and material doubts in the prosecution case raised reasonable doubt, leading to quashing of the rape conviction.
Criminal law – rape – sufficiency and credibility of complainant’s evidence; defence of alibi – evidential burden shifts to prosecution once alibi is timely and particularised; appellate review of concurrent findings – interference justified where misdirection/non-direction and reasonable doubt apparent.
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25 August 2023 |