|
Citation
|
Judgment date
|
| July 1987 |
|
|
A clan-sanctioned sale by a female heir conveyed valid title despite customary female disabilities; appeal dismissed with costs.
Customary land law – inheritance and occupation – proof of long possession and inheritance by a female heir. Customary law – female incapacity to dispose of clan land – effect of clan sanction on transferability. Evidence – assessment of credibility and weight of oral testimony – appellate deference to factual findings. Property law – validity of sale to purchaser where clan sanction exists.
|
2 July 1987 |
|
Reported
Customary Law - Adultery - Bride price - Marriage - Sukuma customs and rites - S.25(2)(d) Law ofMarriage Act, 1971. |
2 July 1987 |
|
Conviction quashed where stolen goods were not properly identified and an absent witness’s written statement was improperly admitted.
Criminal law – identification of stolen property – special marks and direct linkage required; Evidence Act (s.34B/34C) – admissibility of written statements of absent witnesses – statutory conditions (reason for non-attendance, service on accused, and declaration of truth) must be satisfied; burden of proof – reasonable doubt resolved for the accused.
|
2 July 1987 |
|
Reported
Insurance Law - Motor vehicle insurance - Motor Vehicle Insurance Ordinance Cap. 169 - Disqualification - Exemption from such disqualification because of special reason - Whether family dependence on driving a motor vehicle constitutes a special reason - Special reason must be special to the offence and not to the accused person. |
2 July 1987 |
|
|
2 July 1987 |
|
Buyer who fails to pay the balance cannot claim the property and is limited to refund of the deposit.
Contract of sale of immovable property – deposit/part payment – purchaser’s failure to pay balance – no entitlement to specific performance – entitlement limited to refund of deposit.
|
1 July 1987 |
|
Reported
Bail pending appeal refused where applicant failed to show overwhelming chances of success in face of ocular and documentary evidence.
Criminal procedure – Bail pending appeal – Applicant must demonstrate "overwhelming chances of success"; not established where conviction is supported by ocular and documentary evidence; bail pending appeal rarely granted.
|
1 July 1987 |
|
Reported
Appellate court reduced excessive traffic fines after magistrate failed to inquire into ability to pay and ignore mitigating factors.
Road Traffic Act – Sentencing – Fine must be proportionate to ability to pay – Trial court’s failure to inquire into means – First offenders and guilty plea as mitigating factors – Appellate reduction of manifestly excessive fines.
|
1 July 1987 |
| June 1987 |
|
|
Second appeal dismissed where appellant's unsubstantiated allegations contradicted record showing betrothal and admitted dowry receipt.
Family law — Dowry refund — Claim for repayment where intended marriage did not materialize; evidence and admission of receipt. Appellate review — Second appeal — New, unsubstantiated allegations cannot overturn trial record; frivolous appeals liable to dismissal.
|
30 June 1987 |
|
Written service terms govern expatriate benefits; expatriate allowance is not 'salary' for gratuity, housing or leave calculations.
Employment contract – expatriate service contract – duration and effect of written terms; housing benefit – 10% deduction where employer provides accommodation; expatriate allowance not part of "salary" for gratuity and leave computations; gratuity payable at 25% of basic salary after contract completion; burden of proof for salary arrears and air tickets; implication of contractual terms – overtime not implied where contract silent and company practice excludes overtime.
|
30 June 1987 |
|
Permission to cultivate does not confer ownership; appellant failed to prove title and appeal was dismissed.
Land law – ownership v. licence to cultivate – evidence required to prove title where cultivation permitted by owner – appellate review of factual findings.
|
30 June 1987 |
|
Appeal dismissed; trial court's credibility findings and recent-possession evidence sustain theft convictions and sentence confirmation.
Criminal law – Theft (s.265 Penal Code) – recent possession as evidence of theft; identification evidence; assessment of witness credibility; confirmation of sentence.
|
29 June 1987 |
|
Under Kinyakyusa custom, clan land passes to male descendants of the first house; appeal dismissed for respondent, with costs.
Customary land law – clan land – Kinyakyusa customary succession – inheritance to male children of the first house. Succession dispute – surviving brother versus son of first house. Principle of keeping clan land intact – objection to partition. Deference to assessors’ and clan elder’s evidence and to concurrent lower court findings.
|
29 June 1987 |
|
Conviction quashed where evidence materially varied from charge particulars and the prosecution failed to prove the alleged theft.
Criminal law – Theft by public servant – Variance between particulars of charge and evidence – Prosecution bound by particulars absent amendment – Conviction unsafe where evidence does not prove charged particulars – Separate counts required where distinct allegations arise from inspection report.
|
29 June 1987 |
|
Appeal allowed: convictions quashed where guilty pleas were recanted pre‑sentence and regulations applied ultra vires.
Criminal law — Withdrawal of guilty plea before sentence — Recantation permits change to not guilty and full trial; Administrative law — Aerodromes Control Regulations — Ultra vires where regulations treat aircraft as "vehicles" beyond enabling Act; Sentencing — Regulation provides fine or imprisonment, imprisonment not obligatory.
|
29 June 1987 |
|
Conviction for forcible detainer quashed where title was disputed and defendant asserted a colour of right; matter for civil suit.
Criminal law – forcible detainer (s.86) – must prove possession without colour of right, likelihood of breach of the peace, and possession against person entitled to possession; contested title and asserted colour of right render matter civil, not criminal; conviction unsupported by evidence quashed.
|
29 June 1987 |
|
Conviction quashed where evidence failed to link appellant to stolen goods and alleged confession was involuntary.
Criminal law – robbery with violence; receiving stolen property – insufficiency of identification and provenance evidence; hearsay and admissions by co-accused inadmissible against another accused; confessional statements must be voluntary to be admissible; corroboration required for confessions of co-accused under section 33 Evidence Act.
|
29 June 1987 |
|
Although the appellant is heir-owner under custom, the court upheld restraint preventing interference with the respondent’s peaceful occupation.
Customary law (Bahaya) – inheritance – principal heir and ownership of nyaruju versus non-inheriting female relatives' right to occupation; Possession and peaceful enjoyment – injunctions restraining owner from interfering where occupants allowed by clan; Appellate review – affirmation of trial court findings where interference with peaceful occupation proved.
|
27 June 1987 |
|
|
27 June 1987 |
|
Reported
Claim for trespass failed because right of occupancy post‑dated the suit and occupiers were licencees, not trespassers.
Land law – trespass to land – timing of cause of action tied to commencement of right of occupancy; licencee vs trespasser – licence must be revoked or occupier evicted before trespass arises; mitigation of loss – right of distraint and peaceful re‑entry; court may not amend plaint to create a new cause of action contrary to plaintiff's pleaded case.
|
26 June 1987 |
Tort - Trespass - Trespass over land held under a right of occupancy - Whether trespass committed before grant of right of occupancy by one who held the land under a deemed right of occupancy or as licencee is actionable. |
26 June 1987 |
|
Reported
Family Law - Adultery - Parties living together under the belief that they are duly married - Presumption of marriage.
Family Law - Damages - For adultery - Whether proof of marriage between parties necessary.
A Family Law - Presumption ofmarriage - Whether can be rebutted If it is proved that the parties had never gone through a ceremony of marriage. |
26 June 1987 |
|
Failure to prove customary adoption meant the appellant could not claim inheritance or statutory protection from disinheritance.
Wills – disinheritance – statutory requirement to afford a disinherited heir opportunity to defend (GN 436/63, para 34) – customary adoption – Bahaya law does not recognize adoption of girls as heirs – burden of proof on claimant to establish adoption and property sale – concurrent findings of lower courts upheld.
|
26 June 1987 |
|
Appellate court quashed servant-theft conviction due to unreliable and inconsistent prosecution evidence, ordering immediate release.
Criminal law – Theft by servant – Sufficiency of evidence and witness credibility – Accomplice vs. innocent witness – Importance of consignment documents and delivery records – Quashing conviction for failure to prove guilt beyond reasonable doubt; possible prosecution of employees for occasioning loss to specified authority.
|
25 June 1987 |
|
Appellant's conviction for theft by servant quashed due to contradictions and reasonable doubt in prosecution witnesses' evidence.
Criminal law Theft by servant Burden of proof Reasonable doubt arising from contradictory prosecution testimony Accomplice evidence Credibility of witnesses Quashing conviction and ordering release Referral to investigate occasioning loss to a specified authority (Economic and Organized Crimes Control).
|
25 June 1987 |
|
|
25 June 1987 |
|
Reported
Criminal Practice and Procedure - Appellate Jurisdiction - Charge -Neglect of official duty - Whether there was a specific law imposing a specific duty on the person charged - Sec. 121 of the Penal Code.
Criminal Practice and Procedure - Lawjul orders - Whether the order made by the District Commissioner is valid in the eyes of the law.
Criminal Practice and Procedure - Repealed laws - No similar laws in existence - Whether applicable. |
24 June 1987 |
|
Voluntary confessions corroborated by weapon recovery and medical evidence established the accused’s guilt; witchcraft belief is not a defence.
Criminal law – Murder – confessions – admissibility and credibility of extra‑judicial and cautioned confessions; corroboration by independent evidence (weapon recovery and medical evidence). Criminal procedure – Reliance on statements given to witnesses who were suspects and requirement for corroboration. Substantive law – Belief in witchcraft is not a legal defence to murder.
|
24 June 1987 |
|
Appeal upheld lower court's finding of no arrears for lack of proof of agreed rent; Housing Tribunal ordered to assess standard rent.
Rent law – claim for arrears and vacant possession – need for clear evidence of agreed rent to establish arrears. Rent law – tenant improvements – agreed deduction from rent and repayment by set-off. Remedies – claim for damages arising from eviction – burden of proof and court actions versus landlord negligence. Administrative procedure – power of Regional Housing Tribunal under s.12(b) Rent Restriction Act, 1984 to assess standard rent.
|
23 June 1987 |
|
Spousal non-monetary contributions can create a proprietary interest in matrimonial houses, despite loans or unproven third-party ownership.
Family law – division of matrimonial property – entitlement to share in property acquired during marriage; Evidence – burden to prove third-party ownership – failure to call alleged owner weakens claim; Property law – loan-funded construction does not negate spouse’s contributory interest where non-monetary contributions established.
|
23 June 1987 |
|
Cohabitation alone does not constitute marriage; adultery damages require proof of a valid marriage.
Marriage law — customary marriage requires proof of customary rites or handing-over; cohabitation alone insufficient; s.161(1) presumption of marriage is rebuttable; adultery damages require proven marriage.
|
22 June 1987 |
|
Appeal dismissed: customary-law compensation for interrupted training due to daughter's pregnancy is maintainable and award not excessive.
Customary law — compensation for making someone's daughter pregnant — recoverability of training expenses lost due to pregnancy; age of daughter and parental custody; excessiveness of award.
|
20 June 1987 |
|
Appellate court will not overturn trial court credibility findings absent clear error or disqualification.
Land dispute; credibility of witnesses; appellate deference to trial court findings; locus in quo inspection; standard for disturbing factual findings on appeal.
|
19 June 1987 |
|
Employer held vicariously liable for employee’s negligent driving causing vehicle damage and loss of use.
Motor vehicle accident — negligence — failure to stop at junction; vicarious liability of employer for employee’s negligent driving; assessment of damages (repair costs, towing/inspection, assessor’s fees, loss of use); ex parte proof where defendant absent; criminal conviction admissible as supporting negligence finding.
|
19 June 1987 |
|
Tribunal lacked jurisdiction where disputes were not timely referred to a Conciliation Board; Court of Appeal precedent is binding.
Labour law – jurisdiction of Permanent Labour Tribunal – requirement to refer disputes to Conciliation Board under section 40A of the Security of Employment Act – Court of Appeal precedent binding on Tribunal – per incuriam doctrine not made out.
|
18 June 1987 |
|
Tribunal lacks jurisdiction where dismissal dispute was not referred to a Conciliation Board within fourteen days.
Labour law — Jurisdiction of Permanent Labour Tribunal; requirement to refer dismissal/termination to Conciliation Board under s.40A within 14 days; limitation of actions; binding effect of Court of Appeal precedent (Pallangyo) — per incuriam doctrine; interplay between s.4(1) Permanent Labour Tribunal Act and s.40A (and s.27) Security of Employment Act.
|
18 June 1987 |
Labour Law - Jurisdiction - Permanent Labour Tribunal - Whether
the Tribunal has jurisdiction over a trade dispute which has not
been referred to the Conciliation Board as provided for by Section
40A of the Security of Employment Act, Cap. 574.
Labour Law - Limitation of time - Whether the Permanent Labour
Tribunal has Jurisdiction to hear dispute which has not been
brought to it within the time specified.
Labour Law - Per incuriam decision - Tribunal refuses to entertain
a dispute by citing a decision which was made per incuriam -
whether Tribunal bound by the per incuriam decision. |
18 June 1987 |
|
A mistaken belief about the court’s start time is not sufficient cause to restore an appeal dismissed for want of prosecution.
Civil procedure – Appeal dismissed for want of prosecution – Application to restore appeal – Failure to appear at time specified in summons – Mistaken belief about court commencement time not sufficient cause – Credibility of affidavit and memorandum challenged.
|
18 June 1987 |
|
Whether the applicant could be appointed administrator and the effect of an alleged Primary Court‑witnessed will on respondents’ occupation of estate property.
Succession and estates – appointment of administrator – validity and evidential weight of an alleged written will witnessed in Primary Court – jurisdiction of Primary and District Courts to make possession and compensation orders affecting estate property.
|
18 June 1987 |
|
An elderly testator's will is valid if it complies with statutory formalities; incapacity or forgery must be proven, not presumed.
Wills — Testamentary capacity — Advanced age does not presume incapacity; burden on alleging party to prove incapacity or forgery — Formal compliance with Law of Wills (GN No.456 of 1963, Third Schedule) validates will — Wakf created by valid will enforced.
|
18 June 1987 |
|
Insufficient proof that the stolen jack belonged to the Water Department; conviction quashed and sentence set aside.
Criminal law – Theft by person employed in public service – Proof of ownership of alleged stolen property required to convict for theft from public service. Evidence – Identification and markings on commonly manufactured goods insufficient, alone, to prove State ownership. Procedure – Delay in reporting theft to police may undermine prosecution case and affect credibility of alleged theft occurring as charged. Appeal – Conviction unsustainable where essential link between property and State is not established.
|
17 June 1987 |
|
Appellant’s claim for compensation dismissed where evidence established daughter was already pregnant before entering respondents’ custody.
Civil appeal – claim for compensation for pregnancy – credibility of witness testimony – findings of fact by primary and district courts – appellate interference limited – appeal dismissed with costs.
|
16 June 1987 |
|
Applicant’s land claim defeated by respondent’s village allocation and long possession; appeal dismissed with costs.
Land law – recovery of customary smallholding (shamba) – proof of title and allocation by village authority. Evidence – appellate intervention where trial court failed to consider material evidence. Limitation/adverse possession – long uninterrupted occupation (since 1967) defeating recovery after statutory period.
|
16 June 1987 |
Contract - Assignment of a debt under the doctrine of novation. |
16 June 1987 |
|
Reported
Novation under s.62 creates a new contract, making the defendant liable for undelivered cement.
Contract law – Novation – substitution of a new contract under s.62 of the Tanzania Contract Act – effect of creating new privity and displacing original contract obligations Remedies – obligee may sue novated party for breach; novated party retains separate remedy against assignors
|
16 June 1987 |
|
|
16 June 1987 |
|
Acquittal where unreliable identification and inconsistent witness evidence left prosecution without proof beyond reasonable doubt.
Criminal law – Cattle theft – Identification of stolen property – Reliability and consistency of identifying marks – Credibility of witnesses – Burden of proof and prima facie case – Acquittal for insufficient evidence.
|
16 June 1987 |
|
Appeal dismissed: plaintiff failed to prove boundary encroachment; court site inspection cannot substitute for required evidence.
Boundary dispute; burden of proof in civil claims; judicial site inspection; sufficiency of evidence; appellate review of trial findings.
|
15 June 1987 |
|
A purported will without the testator’s signature and required witnesses is void; the nearer heir inherits the land and appeal is dismissed.
Wills — Formal validity — A purported will lacking the testator’s signature or thumbprint and signatures of required witnesses is void; intestate succession vests land in the nearer heir.
|
13 June 1987 |
|
First appellant's conviction upheld by identification and self-statement; second appellant's conviction quashed for reliance on co-accused's confession.
Criminal law – Theft of motor vehicle – Identification evidence at night and alibi – Accused's own statement corroborating eyewitness identification – Conviction lawful. Evidence Act s.33(1)(2) – Confession of co-accused – Conviction cannot rest solely on co-accused's confession without independent corroboration – conviction quashed.
|
13 June 1987 |