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Citation
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Judgment date
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| January 2020 |
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A bank under statutory management can be sued in Zanzibar without leave under the Bankruptcy Act; BFIA governs seizure consequences.
Banking law – Statutory management under BFIA – effect of seizure; Bankruptcy Act territoriality – inapplicability to Zanzibar absent express provision; section 57(1)(c) BFIA bars creditor insolvency actions only; Bank of Tanzania/statutory manager’s power to defend and conduct proceedings under section 58 BFIA.
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3 January 2020 |
| December 2019 |
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Whether the High Court had jurisdiction to decide eviction of an inherited sitting tenant or the Rent Restriction Board had exclusive jurisdiction.
Landlord and tenant — inherited sitting tenant — recovery of possession; Rent Restriction Decree — exclusive jurisdiction of Rent Restriction Board for recovery of possession and arrears; Civil Procedure Decree, Order X — originating summons limited to specified estate/administration matters; jurisdictional defect — parties cannot confer jurisdiction by consent; High Court proceedings nullity for lack of jurisdiction.
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13 December 2019 |
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Conviction based on unsafe visual identification was quashed for failure to eliminate possibility of mistaken identity.
* Criminal law – visual identification – admissibility and reliability of identification evidence – necessity to establish favourable conditions (lighting, distance, duration of observation, prior acquaintance) to exclude mistaken identity.
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13 December 2019 |
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A defective Rule 90(1) certificate of delay renders an appeal time‑barred and subject to striking out.
Civil procedure – Appeal – Certificate of delay – Rule 90(1) – Certificate must base excluded period on date of application for certified copies – Certificate based on wrong/non‑existent date invalidates certificate and renders appeal time‑barred – Appeal struck out – Costs each to bear own.
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13 December 2019 |
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Court of Appeal upheld dismissal of out‑of‑time appeal to the High Court and awarded costs.
Civil procedure — Appeals — Time limits for appeals from Regional Court to High Court (Item 1, Part I, First Schedule to CPD — 90 days) — Effect of section 92 CPD: mandatory dismissal of appeals filed after prescribed period even if limitation not pleaded — Representation by authorized agent under Rule 4(2)(a) Court of Appeal Rules.
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13 December 2019 |
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Convictions quashed for failure to direct assessors and unreliable identification evidence.
Criminal procedure — summing up to assessors; failure to direct on vital points vitiates trial; Visual identification — requirements (lighting, duration, distance, prior knowledge, consistency with contemporaneous statements); Identification parade — necessity of prior descriptions to police before parade; Retrial discretionary where prosecution evidence is weak.
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13 December 2019 |
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Whether shareholders may be sued personally for company dividends and profits; court held they may not, applying the company’s separate legal personality.
* Civil procedure – appeal time limits – Rule 90(1) Court of Appeal Rules – effect of certified copy of High Court proceedings and certificates of delay. * Company law – separate legal personality (Salomon v Salomon) – shareholders cannot be personally sued for company dividends or company‑derived profits. * Evidence/pleading – necessity to sue the correct legal person (company) for company rights and remedies.
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12 December 2019 |
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Revision application struck out because a statutory right of appeal existed; revision not an alternative absent exceptional circumstances.
* Company law – winding up – right of appeal under Companies Decree s.268(1) – interplay with AJA s.5(1)(c).
* Appellate procedure – revisional jurisdiction under AJA s.4(3) not to be used as alternative to appeal except in exceptional circumstances.
* Civil procedure – competence of revision application where statutory appeal available.
* Evidence – preliminary challenge to foreign-executed affidavits (authentication/notarization) and adequacy of disclosed sources (not decided).
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12 December 2019 |
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Sua sponte addition of a new issue without hearing parties vitiates proceedings; a necessary party must be joined.
Civil procedure — Framing of issues — Sua sponte addition of new issue during judgment — Right to be heard — Non‑joinder of necessary party — Order I r.10(2) CPD — Material irregularity vitiating proceedings — Remedy: set aside and remit for addition of necessary party and rehearing.
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12 December 2019 |
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Applicant granted extension to apply for revision due to excusable technical delay and prompt action.
Civil procedure - extension of time under Rule 10 - good cause; delay caused by late supply of drawn order by court registry; technical delay; promptitude after striking out; alleged illegality as relevant factor.
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10 December 2019 |
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An appellate decree that grants no executable right is non-executable and cannot be stayed; stay applies only to the decree appealed from.
Civil procedure – Stay of execution – Rule 11(3) Court of Appeal Rules – stay confined to decree appealed from – only decrees granting executable rights are capable of being stayed – appellate dismissal or order granting no executable right is non-executable and cannot be stayed.
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6 December 2019 |
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Omitted endorsement of admitted exhibits or absence of an uninterested interlocutory drawn order does not render the appeal incompetent.
* Civil procedure – Record of appeal – inclusion of trial exhibits – effect of omission to endorse exhibits – inadvertent omission not fatal where exhibits are present, tendered, admitted and authenticated.
* Civil procedure – Record of appeal – inclusion of drawn orders – interlocutory drawn order not required in record where appeal is from final decree, not the interlocutory decision.
* Court of Appeal practice – competence of appeal – relevance of Rule 96(1) of the Court of Appeal Rules and endorsement requirements under Civil Procedure Decree.
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5 December 2019 |
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An appeal refiled without a valid notice of appeal is incompetent and will be struck out despite existing leave to appeal.
Appellate procedure – striking out an appeal extinguishes the notice of appeal; leave to appeal obtained in separate proceeding survives striking out; re‑instituted appeal without valid notice is incompetent.
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4 December 2019 |
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Alleged illegality and denial of hearing amount to good cause to extend time to apply for revision.
* Civil procedure — extension of time (Rule 10) — good cause required. * Alleged illegality — dismissal at preliminary objection stage and denial of right to be heard — can constitute good cause. * Diligence/promptness: short unexplained delay properly accounted for. * Distinction from Dapine Parry where circumstances differ.
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4 December 2019 |
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A second-bite extension application was struck out as time-barred for failing to comply with Rule 45A requirements.
Civil procedure — Extension of time under Rule 45A — 14-day limit for application after High Court refusal — Exclusion for time taken to obtain records requires registrar's certificate — Second-bite application struck out as time-barred.
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2 December 2019 |
| November 2019 |
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Applicant's inability to contact his court‑appointed counsel was sufficient cause to restore an appeal dismissed for failing to file a memorandum.
* Criminal procedure – restoration of appeal under Rule 72(5) – failure to lodge memorandum of appeal – what constitutes 'sufficient cause'. * Lack of communication with court‑appointed counsel and apprehension about enhanced sentence may justify restoration. * Discretion to restore exercised in interests of justice; prejudice and delay considered.
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29 November 2019 |
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Appellate court found High Court judgment/decree improperly dated/signed but allowed correction under the overriding objective within 30 days.
* Civil procedure – requirement that High Court judgments be dated and signed by the presiding judge at pronouncement (Order XXIII r.3 CPD).
* Effect of unsigned or inconsistently dated judgment/decree on completeness and competence of record of appeal (Rule 96(1)(g),(h) Court of Appeal Rules).
* Limits of Registrar/Deputy Registrar powers to pronounce or sign judgments.
* Overriding objective (s.3A AJA) may permit correction of procedural defects where no prejudice and defect not caused by appellant.
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29 November 2019 |
| January 2019 |
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An improperly issued certificate of delay cannot validate an otherwise time‑barred appeal by the appellant.
Court of Appeal practice — Rule 90(1) CA Rules 2009 — certificate of delay must be issued after preparation and delivery of requested certified copies and specify exact days to be excluded; defective certificate cannot cure a time-barred appeal; distinction between documents for appeal under Rule 90(1) and record contents under Rule 96(1).
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14 January 2019 |
| December 2018 |
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Stay application timely but struck out for defective documents; leave granted to refile within fourteen days.
Court of Appeal — stay of execution — Rule 11(4) timing — service of notice triggers 14-day limit; defective application papers — incorrect reference to "judgment and decree" vs "ruling and drawn order" — incompetence and striking out; discretion to grant leave to refile; costs awarded to respondent.
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14 December 2018 |
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Accused failed to prove legal insanity; expert report properly discounted and conviction and death sentence affirmed.
Criminal law — Insanity defence — Burden on accused to prove insanity on balance of probabilities; expert psychiatric evidence not binding and may be discounted where methodology, timing or reasoning are inadequate; judicial assessment must consider totality of evidence including conduct before and after offence and surrounding circumstances.
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14 December 2018 |
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Proceedings and default judgment by a judge lacking Chief Justice’s assignment are void and set aside.
* High Court Act s.13 – Chief Justice’s regulation and assignment of business – judge acting without assignment lacks jurisdiction; proceedings thereby null and void. * Appellate Jurisdiction Act s.4(2) – invocation of revisionary powers to quash proceedings and set aside default judgment. * Default judgment and procedural irregularity – necessity of proper assignment before trial continues.
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14 December 2018 |
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A notice of appeal that fails to state accurately the substance of the trial court’s ruling is defective and struck out.
Appeals — Notice of appeal — Rule 68(1) & (2) of the Tanzania Court of Appeal Rules — mandatory requirement to state briefly the nature/substance of the impugned order or ruling — failure to accurately describe the trial court’s decision renders the notice defective and incompetent; competency of appeal; appellate procedure.
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14 December 2018 |
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An appeal with a defective decree and missing essential records is incompetent; struck out with leave to refile within 60 days.
Court of Appeal procedure – Record of appeal – Requirement for a copy of the decree (Rule 96(1)(h)) – Appeals from High Court in appellate jurisdiction – mandatory documents (Rule 96(2)) – Defective decree and omitted rulings render appeal incompetent – Invocation of Rule 4(2)(b) and section 3A Appellate Jurisdiction Act to strike out with leave to refile.
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14 December 2018 |
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Court granted stay of execution pending appeal after finding the applicant met Rule 11(5)’s cumulative requirements, including security.
Stay of execution – Court of Appeal Rules, Rule 11(5) – cumulative requirements: substantial loss, no unreasonable delay, provision of security – notice of appeal timing – deposit of bank guarantee pending appeal.
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14 December 2018 |
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Application for extension denied: applicant failed to show sufficient cause, produced no evidence, and did not particularize alleged illegality.
* Civil procedure – extension of time – Rule 10 – discretion to extend time and requirement to show sufficient cause.
* Extension of time – requirement to account for every day of delay and produce supporting evidence (e.g., police reports, affidavits).
* Illegality – alleged illegality may justify extension only if clearly identified and explained.
* Applicability of amended rules – Rule 45A inapplicable where timeline and publication do not permit.
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14 December 2018 |
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Failure to furnish security under Rule 11(5)(c) defeats an application for stay of execution; application struck out with no costs.
• Civil procedure – Stay of execution – Requirement under Rule 11(5) of the Tanzania Court of Appeal Rules to give security for due performance – Mandatory cumulative conditions for granting stay – Failure to comply warrants striking out application.
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13 December 2018 |
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Order for written submissions on preliminary objection and application did not deny right to be heard; appeal dismissed.
* Civil procedure – Notice of appeal – Rule 68(2) – necessity to state nature of order, finding or ruling appealed against.
* Constitutional law – Right to be heard – Article 13(6)(a)/Article 12(6)(a) – written submissions as opportunity to be heard.
* Civil procedure – Preliminary objection – hearing and determination together with substantive application by written submissions permissible in appropriate cases.
* Appellate practice – premature appeal – appeal lodged before ruling may be unfounded.
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13 December 2018 |
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Court upheld rape conviction despite minor witness inconsistencies and enhanced sentence due to familial relationship.
Criminal law – rape – credibility of prosecutrix; minor versus material inconsistencies; identification at night involving a known person; delayed medical (PF3) evidence is corroborative only; victim's testimony can suffice to prove rape.
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13 December 2018 |
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Application to strike out notice of appeal for failure to take essential steps was dismissed; respondents had applied for required documents.
Appeal procedure — Striking out notice of appeal under Rule 89(2) — "essential steps" to prosecute appeal — Application for certified copies of proceedings, judgment and decree under Rule 90 — Reminder to Registrar not a legal precondition.
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11 December 2018 |
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Inadequate summing up to assessors on vital points vitiated the trial; conviction quashed and retrial ordered.
Criminal procedure – Assessors – Duty to sum up to assessors on all vital points (ingredients of offence, malice aforethought, identification and circumstantial evidence) – Failure to properly direct assessors renders trial a nullity – Revisionary power to quash proceedings and order retrial de novo.
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6 December 2018 |
| December 2017 |
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An incomplete record of appeal (missing affidavit verification and wrong attachment) renders the appeal incompetent and is struck out.
* Civil procedure – completeness of record of appeal – supporting affidavit must contain verification clause and jurat – Rule 96(1)(f) Court of Appeal Rules, 2009.
* Constitutional law – Article 107A(2)(e) – limits: Article does not permit departure from fundamental procedural requirements or salutary rules of procedure.
* Appeal competency – defective record of appeal (missing jurat/verification and wrong attachment of decree instead of drawn order) renders appeal incompetent and liable to be struck out.
* Court powers – suo motu discovery of defects in record may lead to striking out appeal; no order as to costs where struck out on Court's own motion.
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12 December 2017 |
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Appeals from originating summons must target rulings; mislabeling as judgment/decree renders appeal incompetent.
Appeal competency; originating summons yields ruling and extracted order not judgment/decree; misdescription in notice of appeal; Rule 83(3) and (6) implications.
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8 December 2017 |
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Omission to enter conviction before sentencing renders trial and appellate proceedings null and mandates remittal for conviction and resentencing.
Criminal procedure – mandatory duty to convict before sentencing (s.219 Criminal Procedure Act, Zanzibar); omission to enter conviction is a fatal irregularity; appellate proceedings based on invalid trial judgment are nullities; Court may exercise revisional jurisdiction (s.4(2) AJA) and remit for conviction and resentencing (credit for time served).
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6 December 2017 |
| December 1986 |
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Dying declaration held without probative value and improperly handled child evidence, so conviction quashed for lack of corroborated proof.
Criminal law – evidence of dying declaration – probative value; Evidence Decree s.118 – competence of child witnesses; Criminal Procedure Decree s.145 – affirmation and procedure for child evidence; requirement of corroboration for children's evidence; procedural requirements and recording of reasons; insufficiency of uncorroborated improper child evidence to sustain conviction.
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5 December 1986 |