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Citation
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Judgment date
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| November 1991 |
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30 November 1991 |
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Circumstantial facts (partial undress and abandoned belongings) can sufficiently corroborate and establish adultery; appeal dismissed.
Adultery — proof by circumstances — corroboration under Declaration of Customary Law — aggregation of incidents (found partially undressed, abandoned clothing and belongings, flight) can establish adultery where direct evidence is lacking; appellate review of credibility and sufficiency of circumstantial evidence.
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29 November 1991 |
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Seizures were unlawful where police failed mandatory s.38 formalities and seized property not shown to be connected to offences.
Criminal Procedure Act – search and seizure – mandatory compliance with s.38(2) and (3) (reporting to magistrate; receipt for seizure) – failure renders seizure irregular and of no legal effect; seizure limited to property connected with offence (s.39); court’s power to order release under s.357.
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29 November 1991 |
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29 November 1991 |
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29 November 1991 |
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The District Court lacked jurisdiction over a summary dismissal labour dispute; proceedings were a nullity and set aside.
Labour law – jurisdiction – exclusive jurisdiction of Industrial Relations Board/Industrial Court over dismissal disputes – proceedings in ordinary court a nullity when industrial forum has exclusive jurisdiction.
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29 November 1991 |
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Buyer who paid for a house after inspection cannot rescind sale or claim refund for defects discovered post-purchase.
Contract law — sale of immovable property — buyer’s duty to inspect premises — caveat emptor; rescission — completed contract upon payment; extrajudicial intervention — village chairman’s direction cannot substitute for judicial relief.
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29 November 1991 |
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29 November 1991 |
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An objector may challenge an attachment based on untaxed costs; attaching party must prove the property belongs to the judgment-debtor.
Civil procedure – Attachment – Validity of attachment where underlying costs not taxed by proper taxing officer – Attachment warrant issued to enforce untaxed costs unlawful. Civil procedure – Ownership – Burden on attaching party to prove property attached belongs to judgment-debtor on balance of probabilities. Locus – An objector to attachment may challenge procedural irregularities in enforcement, including untaxed costs.
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29 November 1991 |
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29 November 1991 |
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Whether under Warangi customary law a woman could inherit clan land when a male issue existed (death 1957).
Inheritance — Customary law (Warangi) — Clan land (shamba) — Patrilineal succession — Whether women inherit clan land when male issue exists — Non-retroactivity of G.N. No. 436/1963 (Law of Inheritance).
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29 November 1991 |
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Appellate court enhanced compensation for grievous harm due to serious injury and unchallenged monetary loss, leaving imprisonment unchanged.
Criminal law – causing grievous harm – adequacy of sentence – appellate enhancement of compensation where trial court failed to consider serious injuries and unchallenged monetary loss – effect of accused’s absence on appellate adjustment of custodial sentence.
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28 November 1991 |
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28 November 1991 |
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An appellate court must not disturb trial findings of fact based on credibility and a site visit without sufficient justification.
Civil appeal – appellate interference with findings of fact – trial court inspection of locus in quo – assessors’ observations – boundary tampering – credibility and balance of probabilities.
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28 November 1991 |
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An appellant asserting possession on behalf of heirs has no proprietary right to the deceased's house; appeal dismissed with costs.
Civil appeal – property dispute arising on intestate succession – whether guardian/parent may assert possession on behalf of deceased’s children – court affirms trial court’s application of intestate succession rules and dismisses appeal.
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28 November 1991 |
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28 November 1991 |
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Appeal dismissed for failure to follow prior court order; court urges appointment of administrator to prevent estate dissipation.
Administration of deceased estate – absence of court‑appointed administrator – private attempts to administer estate causing confusion and dissipation – need for court appointment of administrator and enforcement of prior court order. Civil procedure – failure to obey prior appellate order – consequences and remedy. Costs – discretion to withhold costs to encourage reconciliation.
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28 November 1991 |
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Delay in filing excused, but leave to appeal refused because the proposed appeal lacked prospects of success due to strong evidence.
Criminal procedure – leave to appeal out of time – excusable delay due to prisoner transfer – assessment of prospects of success on proposed appeal; strong identification and possession evidence may justify refusal of leave.
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27 November 1991 |
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An execution based on a bill of costs improperly taxed by an unauthorized magistrate was set aside and property restored pending proper taxation.
Civil procedure – taxation of costs – competence of taxing officer – High Court bill of costs must be taxed by appropriate taxing officer (District Registrar/Taxing Master) at proper registry; District Magistrate lacked power to tax High Court bill – execution based on improperly taxed bill set aside – attachment of judgment debtor’s property unlawful.
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27 November 1991 |
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Dying declaration and corroborative evidence proved assault but not malice aforethought, conviction reduced to manslaughter.
Criminal law – Homicide: admissibility and weight of dying declaration and corroboration; distinguishing murder (malice aforethought) from manslaughter where intoxication, motive and circumstances negate specific intent.
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27 November 1991 |
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Sale of the business to the respondent upheld; subsequent assignment to the second appellant void for lack of landlord consent.
Sale of business – validity of written sale agreement – credibility of seller and witnesses. Assignment of tenancy – contingent transfers and landlord’s consent – section 36 Rent Restriction Act (assignment with landlord’s consent; tribunal remedy). Eviction and possession – effect of defective assignment on tenant’s rights. Remedies – refund of purchase money where purchaser negligently buys non‑existent business; costs awarded to successful purchaser.
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26 November 1991 |
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Supplier entitled to unpaid price for delivered goods and interest accrues on overdue amounts even without express agreement.
Sale of goods – recovery of unpaid purchase price – supplier entitled to recover outstanding price for goods delivered. Interest – interest on overdue payments – interest payable on unpaid sums even without express agreement. Defence of non-payment by third party (Ministry of Defence) – non-receipt of funds by defendant does not extinguish liability to pay supplier.
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25 November 1991 |
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25 November 1991 |
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Under applicable customary law a widow may retain household items as the children’s share of inheritance; appeal dismissed with costs.
Succession — Customary law — Declaration of Customary Law (G.N. No. 279 of 1963) applicable in Dodoma — widow’s rights to remain in deceased husband’s house (Rule 66) — domestic utensils, furniture and shambas not disposed by will considered children’s share and may be retained by widow for their care — appeal dismissed.
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22 November 1991 |
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Appeal dismissed; trial court credibility findings proved conversion by appellants and were not to be disturbed.
Civil law – Conversion of goods – weighing and recording procedures at cooperative selling post – assessment of credibility and corroboration of oral evidence – appellate deference to trial court findings.
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22 November 1991 |
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Private unlawful arrest and excessive force by seminarians found; manslaughter not proved, convicted of assault occasioning actual bodily harm.
Criminal law – Private person’s arrest – illegality of arrest without warrant – Excessive force – Assault occasioning actual bodily harm (s.241 Penal Code) – Common intention among group of seminarians – Alternative verdict where causation of death not proved – Weight of dying declaration and post‑mortem evidence.
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22 November 1991 |
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Whether priests who arrested, paraded and beat a suspect caused his death or were guilty only of assault; court convicted for actual bodily harm.
Criminal law – Murder v. alternative verdict – circumstantial evidence and dying declaration – insufficiency to prove fatal blow; private person arrests – obligation to hand over without unnecessary delay (s.31 Criminal Procedure Act); assault occasioning actual bodily harm (s.241 Penal Code) – conviction on alternative verdict where murder not proved; assessors’ advice versus judicial findings.
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22 November 1991 |
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22 November 1991 |
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Gift of land upheld because psychiatric evidence and witness testimony showed the donor had capacity; appeal dismissed.
Land law – validity of gifts; donor's mental capacity – psychiatric evidence preferred over non-psychiatric medical report; witnesses and continuous possession supporting gift. Evidence – credibility and weight of medical reports and witness testimony. Civil procedure – appellate review of facts where trial findings are supported by evidence.
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22 November 1991 |
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Dispute over existence/revocation of partnership is not within primary court’s jurisdiction and appeal dismissed.
Magistrates’ jurisdiction – civil debt arising out of contract – interpretation/rescission of partnership agreement – primary court lacks jurisdiction if matter requires legal interpretation or exceeds pecuniary limit (100,000/=).
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21 November 1991 |
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Custodial dispute from concubinage is governed by customary law; district court lacked jurisdiction, proceedings quashed.
Custody—concubinage—relationship governed by customary law not Law of Marriage Act 1971; jurisdiction—custody and legitimation under Local Customary Law Declaration Order 1963 (GN No.279/63) lie in Primary Court; proceedings in District Court without jurisdiction quashed and set aside; direction to legitimate children and obtain birth certificates.
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21 November 1991 |
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Attachment invalid where attaching party fails to prove seized cattle belonged to the convicted person; cattle restored.
Civil procedure – attachment/objection proceedings – attaching party bears evidential burden to show prima facie ownership of seized property; Evidence – conduct of objector (sorting cattle) must be interpreted in context and is not conclusive of third‑party ownership; Procedural law – failure to resist attachment at scene or initial acquiescence does not preclude Court objection; proper remedy is to raise objection in court.
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21 November 1991 |
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Extension of time to file notice of appeal granted due to applicant’s illness and former counsel’s inaction.
Civil procedure — extension of time to file Notice of Appeal — delay due to illness and counsel’s inaction — inaction of counsel may amount to fundamental failure to prosecute — affirmation acceptable where oath refused for religious reasons.
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21 November 1991 |
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18 November 1991 |
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18 November 1991 |
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Appellant's claim of non-hearing was unfounded; lower courts' boundary findings were supported by evidence, appeal dismissed.
Civil procedure – appeal – allegation of non-hearing – record review showed grounds of appeal were read and appellant had nothing further to add; appeal dismissed. Land/boundary dispute – shamba boundaries and ownership of coconut trees – primary and district courts' findings supported by evidence.
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15 November 1991 |
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15 November 1991 |
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15 November 1991 |
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Identification in darkness and improper appellate re-sentencing led to quashing of convictions and sentences.
Criminal law – Identification evidence – Reliability when complainant awoke from sleep in darkness and only saw torchlight; identification insufficient to convict. Criminal appeals – Sentencing on appeal – Appellate court cannot re-punish by imposing the same sentence anew or unlawfully enhance sentences where offence is not a scheduled offence. Burden of proof – Prosecution must prove guilt beyond reasonable doubt; failure to do so requires quashing convictions.
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15 November 1991 |
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15 November 1991 |
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Applicant's conviction for stealing by a public servant upheld due to exclusive access evidence and inconsistent explanations.
Criminal law – stealing by a public servant – sufficiency of evidence to prove accused’s guilt – access to secure strong room and custody of cash. Evidence – credibility findings of trial court – appellate review and deference to trial magistrate’s assessments. Defence – inconsistent statements and shifting explanations as undermining defence credibility. Corroboration – when alleged interest of prosecution witnesses does not necessitate additional corroboration.
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15 November 1991 |
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Appeal against conviction for theft by public servant dismissed; credible prosecution evidence and accused's inconsistent statements upheld.
Criminal law – Theft by public servant – Proof beyond reasonable doubt – Credibility of prosecution witnesses – Access to strong room and keys – Inconsistent accused statements – No requirement for corroboration where no demonstrated interest.
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15 November 1991 |
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Court partly allowed appeal: held four children belong to the mother's companion but affirmed appellant must return/pay nine cattle; separate land appeal dismissed.
Family law — legitimacy and presumption of paternity — interpretation of para. 175, Law of Persons Act No. 279/1963 — whether children born during husband’s absence are presumptively the husband’s. Property — customary inheritance and spousal status under customary law. Civil recovery — wrongful taking of movable property (cattle) and standard of proof. Land law — village land administration — power of village authorities to confiscate and reallocate occupied/developed land; abandonment required for valid reallocation.
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15 November 1991 |
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15 November 1991 |
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Appellant's convictions quashed where prosecution witnesses fabricated evidence and guilt was not proven beyond reasonable doubt.
Criminal law – Obtaining goods by false pretences – Standard of proof (beyond reasonable doubt) – Credibility of prosecution witnesses – Fabricated evidence and malice – Appellate review and quashing of convictions.
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15 November 1991 |
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Beneficiaries' documented consent and the bona fide purchaser rule uphold a sale despite revocation of the administrator.
Probate and administration – validity of sale by administrator – beneficiaries' consent and receipt of proceeds as evidence of consent. Fraud in procurement of letters of administration – effect on transactions entered by the purported administrator. Property law – bona fide purchaser for value without notice – acquisition of good title despite later revocation of administrator's appointment.
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15 November 1991 |
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Unreliable night‑time identification and unproven possession/sale of stolen property led to acquittal for murder.
Criminal law – Murder – Visual identification at night – insufficiency of evidence; Possession of stolen property – requirement of proof and corroboration; Hearsay/unproduced material witnesses – inadmissibility/weight; Burden of proof – reasonable doubt and acquittal.
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15 November 1991 |
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Reported
Accused acquitted where eyewitness identification and prosecution evidence were unreliable and raised reasonable doubt.
Criminal law – identification evidence – reliability and inconsistencies in eyewitness testimony; unexplained delays in arrest undermine prosecution case; burden of proof – acquittal on reasonable doubt.
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15 November 1991 |
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Voice identification in darkness and inconclusive medical evidence rendered the murder convictions unsafe.
Criminal law — Identification evidence — Voice identification at night; corroboration required. Criminal law — Causation — Post-mortem report inconclusive to link assault to later death. Evidence — Delays, withdrawn charges and inconsistent statements undermine prosecution case.
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15 November 1991 |
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Failure to serve the s.97 statutory notice renders a suit incompetent as against an urban authority; the authority must be joined correctly.
Local Government (Urban Authorities) Act, 1982 s.97 – mandatory one-month written notice before commencing suit against an urban authority. Civil procedure – when a suit is 'commenced against' an authority: pleading of joint and/or several liability establishes suit against the authority. Amendment – oral leave to amend to supply statutory notice refused; proper written application required. Preliminary objections – procedural competency and notice requirements can be raised and determined in absence of parties' clients.
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15 November 1991 |