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Citation
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Judgment date
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| August 1994 |
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Adultery by the wife was proved but clinic-card evidence and name similarity did not prove the appellant was the father, so compensation set aside.
Adultery and paternity – proof on balance of probabilities – clinic card entries and name similarity insufficient to establish identity of the man who committed adultery or fathered a child – appellate correction of lower courts’ reliance on inconclusive documentary evidence.
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31 August 1994 |
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Conviction quashed where identification of common goods found in appellant’s possession was insufficient to prove they were stolen.
Criminal law – proof of stolen property – identification of recovered goods – necessity for specific marks or clear identification when items are common and readily-available. Evidence – adequacy of identification evidence – risk of honest mistake by witness. Appeal – conviction quashed where prosecution fails to link accused to stolen property beyond reasonable doubt.
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31 August 1994 |
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Reported
Appeal allowed: divorce order based on ex parte proof quashed where respondent was condemned unheard for lack of notice.
Family law – Divorce – Ex parte proceedings – Whether leave to proceed ex parte was properly granted where respondent had not been notified of fixed hearing date – Right to be heard and natural justice – Quashing of decree and remittal for retrial.
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30 August 1994 |
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Lower court’s ex parte dissolution quashed for condemning the appellant unheard, violating natural justice.
Family law – dissolution of marriage – ex parte proceedings – party condemned unheard – breach of natural justice – quashing of decision and remittal for retrial; direction to notify parties where service issues exist.
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30 August 1994 |
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A defence contradicting a clear prior admission is abusive and may be struck out, awarding the applicant judgment including interest.
Civil procedure — striking out statement of defence — sham/abusive defence — prior document admission of receipt of goods — Order 8 Rule 2 — failure to deny claim for interest entitles plaintiff to judgment.
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30 August 1994 |
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30 August 1994 |
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Conviction for receiving stolen cattle quashed where identification, possession and compensation were not properly proved.
Criminal law – cattle theft/receiving stolen property (s.311) – identification of exhibits – necessity of specific marks and reliable identification; corroboration required for evidence of interested witnesses/accomplices; compensation/order for costs must be proved and may require a separate civil action.
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30 August 1994 |
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An administrator’s appointment will not be revoked absent proof of mismanagement or failure to account; disputed properties held part of estate.
Probate and administration — revocation of administrator — revocation requires proof of good cause (mismanagement or failure to account); ownership of property as part of estate; appellate review of primary and district court findings.
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30 August 1994 |
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Application under Order XX Rule 11 is not appealable and requires decree-holder consent; family occupancy does not bar mortgage enforcement.
Civil Procedure Code — Order XX Rule 11 — application for payment by instalments — requires consent of decree-holder; not appealable under Order XL; mortgage enforcement — family occupation does not prevent attachment/sale of voluntarily mortgaged property.
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30 August 1994 |
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An appellate court may not increase payment obligations without enquiring into the payer’s ability to pay; instalment order restored.
Civil appeal — variation of judgment repayment terms — appellate court must assess payer’s ability to pay before increasing instalments; enforcement by attachment can secure creditor's remedy — restoration of Primary Court’s instalment order.
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29 August 1994 |
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Concurrent credibility findings upheld; non-production of village register did not vitiate lawful attachment of cattle.
Execution/attachment of property – ownership of seized cattle – concurrent credibility findings – reliance on oral evidence of respondent and village executive officer – non-production of village register does not necessarily cause failure of justice.
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29 August 1994 |
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An alibi raised on appeal as an afterthought fails; eyewitness and medical evidence sustain conviction and five-year sentence.
Criminal law – grievous harm – eyewitness identification in daylight – credibility where witnesses knew accused prior to incident. Criminal procedure – alibi raised on appeal – afterthought not raised at trial inadmissible. Evidence – medical corroboration of ballistic wound supports conviction. Sentence – five years for grievous harm lawful and not excessive; confirmation required.
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29 August 1994 |
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Owner’s right of access must be balanced with traders’ licence-based occupation; an access width to be fixed by a City‑approved surveyor.
Land law – access strip – balancing owner’s right of access against informal traders’ licence-based occupation; remedy by leaving passage rather than full eviction. Informal sector – protection of licences/permissions granted by former proprietor and municipal practice. Surveyor determination – City‑approved land surveyor to fix required width of access.
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27 August 1994 |
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Conviction quashed where accomplice's self‑serving evidence failed to prove appellant's guilt beyond reasonable doubt.
Criminal law – Theft – Conviction based principally on an accomplice’s evidence – reliability and need for corroboration; unsafe conviction where accomplice's self‑serving testimony is unconvincing.
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27 August 1994 |
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26 August 1994 |
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Ex parte judgment set aside where service on a relative did not prove the named defendant had been duly served; matter remitted for proper process.
Civil procedure – service of summons – Order VIII r.14(1) – ex parte judgment – insufficient proof of service where summons served on relative but not shown to have reached named defendant – employment disputes – jurisdictional challenge under Security of Employment Act (Cap. 574) – territorial and proper party issues.
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26 August 1994 |
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Applicant's claim of ex parte hearing disproved by record; application to set aside judgment dismissed.
Civil procedure – application to set aside judgment – allegation of ex parte hearing – requirement to prove absence or procedural irregularity – court reliance on record where parties were present.
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25 August 1994 |
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Appellate court quashed conviction and ordered release after prosecution withdrew support and evidence favored innocence.
Criminal law – Appeal – prosecution withdraws support – appellate court review of trial record – conviction unsafe where evidence more consistent with innocence – conviction quashed and sentence set aside; order for immediate release unless lawful cause for detention exists.
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25 August 1994 |
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Court allowed appeal on burglary and robbery due to unreliable identification and disputed recent-possession evidence; escape conviction treated as served.
Criminal law – territorial jurisdiction under Penal Code section 6(b); identification evidence – reliability of visual and dock identification; recent possession doctrine and circumstantial evidence; conviction for escape from lawful custody.
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25 August 1994 |
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Appellate court restores trial court’s finding that seized cattle belonged to the judgment debtor; objectors failed to prove ownership.
Civil procedure – Attachment and objection proceedings – Burden on objector to prove ownership of attached goods – Appellate interference with trial court findings of fact and credibility.
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25 August 1994 |
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Conviction for causing death by driving overturned where dangerous driving/speed was not proved beyond reasonable doubt.
Criminal law – Road traffic – Causing death by driving – Requirement to prove dangerous driving or dangerous speed beyond reasonable doubt; curability of defective charge under criminal procedure; appellate review where trial magistrate unduly influenced by particular evidence.
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25 August 1994 |
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Appeal allowed: conviction set aside because prosecution failed to prove dangerous driving (speed) beyond reasonable doubt.
Criminal law – dangerous driving – requirement to prove dangerous speed or other dangerous conduct beyond reasonable doubt. Evidence – weight of non‑eyewitness testimony and sketch plans – limits of inference from dust/cloud and road corrugations. Criminal procedure – defective charge by omission of particulars; curability versus substantive insufficiency. Appeal – conviction unsafe where essential elements not proved.
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25 August 1994 |
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Conviction quashed where trial court relied on an inadmissible written statement and evidence was insufficient.
Criminal law – Evidence – Admissibility of out‑of‑court written statements where maker does not testify – statutory conditions for admission not satisfied; Evidence – sufficiency after exclusion – no admissible evidence to prove receiving stolen property; Criminal procedure – trial magistrate’s recording and sentencing irregularities vitiating conviction.
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25 August 1994 |
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Appeal allowed where prosecution failed to prove delivery and falsity of documents beyond reasonable doubt; convictions quashed.
Criminal law — Burden of proof — Prosecution must prove guilt beyond reasonable doubt; conflicting witness evidence and incomplete documentary/audit corroboration may create reasonable doubt — convictions quashed where essential delivery and document falsity not satisfactorily proved. Evidence — witness inconsistency; absence of physical stock verification; reliance on partial internal audit. Trial process — misappreciation of evidence by trial magistrate grounds for appellate intervention.
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25 August 1994 |
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Acquittal where eyewitness and circumstantial evidence were unreliable and prosecution failed to prove guilt beyond reasonable doubt.
Criminal law – murder – reliability of eyewitness identification – circumstantial evidence – burden of proof beyond reasonable doubt – acquittal where evidence is insufficient.
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25 August 1994 |
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The appellant's robbery conviction and statutory minimum sentence upheld; alleged judicial bias and fabrication unproven.
Criminal law — robbery with violence — sufficiency and credibility of prosecution evidence; Judicial bias — alleged interest of presiding magistrate — appearance of impartiality and burden to prove substantial likelihood of bias; Appellate review of sentence — statutory minimum sentence not interfered with.
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25 August 1994 |
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Non‑parties lack locus to appeal; sale of an identifiable ancestral portion without consent invalid; appeal dismissed with costs.
Land law – ancestral/shamba disputes; locus standi – parties not involved at trial cannot prosecute appeal; sale without consent – identifiable portion of land protected; agency/mandate – a letter to find a buyer does not amount to authority to sell.
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23 August 1994 |
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Whether an acquittal should be set aside where credible eyewitness identification and corroborative circumstantial evidence establish guilt.
Criminal law – Evidence – Identification – Admissibility and weight of eyewitness identification where witnesses knew accused prior to incident and conditions were favourable. Criminal law – Conviction on combined direct and circumstantial evidence – when cumulative proof can establish guilt beyond reasonable doubt. Criminal procedure – Appeal against acquittal – appellate intervention where trial magistrate misapplied evaluation of evidence and engaged in speculation.
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19 August 1994 |
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Withdrawal of interlocutory appeal granted; maintenance pending appeal dismissed where a stay of execution is in force.
Civil procedure – Appeal against interlocutory orders – Withdrawal of appeal to facilitate main appeal. Family law – Maintenance pending appeal – Effect of stay of execution on interim maintenance orders. Delay in filing appeal – Failure to supply counsel with court records as cause of delay. Costs – Applicant for withdrawal ordered to pay respondent’s costs.
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19 August 1994 |
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Withdrawal of interlocutory appeal granted; maintenance pending appeal dismissed; appellant ordered to pay respondent’s costs.
Civil procedure – appeal and withdrawal – interlocutory orders – execution pending appeal – stay of execution – maintenance pending appeal – failure of registrar to supply court records causing delay.
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19 August 1994 |
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19 August 1994 |
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A claim against the Tanzania Harbours Authority is time‑barred if filed more than twelve months from the alleged negligent act.
Limitation of actions – section 67(b) Tanzania Harbours Authority Act – twelve‑month period mandatory – period computed from date of alleged act, neglect or default – subsequent refusal to pay does not extend limitation.
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19 August 1994 |
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Marriage dissolved for cruelty and desertion; custody of the three children awarded to the petitioner.
Family law – Divorce – Cruelty and desertion – Findings of cruelty and that respondent caused petitioner to leave matrimonial home; adultery allegation not proved; prolonged separation and failed reconciliation establish irretrievable breakdown – Custody awarded to mother; no jointly acquired matrimonial assets shown.
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18 August 1994 |
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Property begun before marriage but substantially completed by spouses during marriage qualifies as matrimonial property under section 114(3).
Family law – matrimonial property – section 114(3) Law of Marriage Act – property owned before marriage but substantially improved during the marriage by joint efforts qualifies as matrimonial property; appellate court’s misreading of trial record; entitlement to share in house.
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18 August 1994 |
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Where a High Court decree is given in original jurisdiction there is an automatic right of appeal; alternatively, leave would be granted if a point of law exists.
Appellate procedure – Appellate Jurisdiction Act (No.15 of 1979) – s.5(1)(a) automatic right of appeal from High Court decrees in original jurisdiction; s.5(1)(c) leave where point of law – quantum of damages may constitute a point of law.
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17 August 1994 |
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Court stayed execution of eviction-related appeals pending determination due to irregular involvement of a non-party.
Stay of execution – Eviction proceedings – Execution involving a person not party to original proceedings – Preservation of status quo pending determination of pending application.
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16 August 1994 |
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Court finds deed of gift fraudulent, guest house part of estate; revocation application dismissed and letters of administration granted.
Probate and administration – Deed of gift – Validity where donor incapacitated – Fraud on the estate – Revocation of limited grant – Locus standi of limited grant holder to litigate matters beyond grant.
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16 August 1994 |
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Identification evidence and corroborating neighbour testimony upheld a robbery conviction; 15-year sentence affirmed.
Criminal law – Robbery with violence – Identification of accused – Complainant’s in-court identification assisted by torch and neighbours held reliable and sufficient for conviction; Alibi – burden to raise reasonable doubt – prior quarrel insufficient to displace identification; Sentencing – challenge under section 170(1)/(4) – sentence of 15 years authorized by applicable written law (Penal Code, Cap. 16, as amended).
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16 August 1994 |
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Conviction for malicious damage set aside where evidence was uncorroborated and ownership dispute required civil resolution.
Criminal law – Malicious damage to property – Sufficiency of evidence – Conviction cannot rest on disputed allegations denied by accused and lacking independent corroboration; Ownership/possession dispute may render criminal prosecution inappropriate where civil remedy is available.
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16 August 1994 |
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Appellant failed to prove ownership of seized cattle; attachment by decree-holder upheld and appeal dismissed.
Civil procedure — execution of judgment — attachment of movable property in third party’s homestead — lawfulness of attachment and proof of ownership. Evidence — burden of proof and balance of probabilities in ownership disputes over cattle — weight of possession, branding, admissions and corroboration. Procedure — prompt objection to execution; consequences of delay and approach to higher court before objecting at first instance.
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16 August 1994 |
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Appellant failed to prove ownership or produce evidence; concurrent lower-court findings upheld and appeal dismissed with costs.
Land law – ownership dispute – proof of title or purchase – necessity of documentary or credible oral evidence at trial. Appellate review – concurrence of findings by lower courts – appellate court will not disturb findings supported by the record. Evidence – failure to call or name witnesses at trial and belated assertions on appeal treated as afterthoughts and not admitted.
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16 August 1994 |
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The applicant's land claim dismissed where respondents held the land by village allocation under customary practice and Act No.22/1992.
Land law – village land allocations – Regulation of Land Tenure (Establishment of Villages) Act, 1992 – Operation Vijiji – effect of customary village allocation on competing private title claims; burden of proof and delay in asserting land claims; remedy against prior owner versus ejectment of village-allocated occupiers.
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16 August 1994 |
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Government liable for negligent loss of a manuscript held for assessment; production costs recoverable, speculative profits largely not.
Tort — negligence — duty of care by public officials to safeguard documents in custody; vicarious liability of Government for loss caused by departmental officials; recoverability of production costs and foreseeable economic loss for lost manuscript; speculative future profits not recoverable; contributory negligence where only copy handed for assessment.
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15 August 1994 |
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15 August 1994 |
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15 August 1994 |
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Appellate court allowed attachment before judgment where respondent was shown by sale agreement to be purchaser and payment issue is for trial.
Civil procedure – Attachment before judgment (Order XXXVI CPC) – Conservatory measures to prevent disposition of suit property pending trial. Evidence – Documentary evidence (sale agreement) bearing on identity of purchaser – proper basis for interlocutory decision on entitlement to attachment. Procedure – Matters of substantive payment should be decided at trial, not in interlocutory applications.
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12 August 1994 |
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Attachment before judgment appropriate where documentary evidence shows respondent is buyer and payment disputes are for the main suit.
Civil procedure – Attachment before judgment (Order XXXVI CPC) – Interlocutory application not forum for deciding substantive payment disputes – Evidentiary weight of sale agreement – Applicant justified where risk of disposal pending suit.
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12 August 1994 |
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Attachment before judgment under Order XXXVI CPC was appropriate; substantive payment disputes belong to the main suit.
Civil procedure – Order XXXVI CPC – Attachment before judgment – Applicant’s entitlement where vehicle may be dissipated pending suit; admissibility of sale agreement evidence; interlocutory application must not decide substantive disputes.
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12 August 1994 |
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Attachment before judgment under Order XXXVI CPC warranted where a sale agreement and risk of disposal justify preserving disputed vehicle.
Civil Procedure – Attachment before judgment – Order XXXVI CPC – Whether attachment is appropriate where applicant shows risk of disposal of sued property and the merits (e.g. payment dispute) are for trial. Evidentiary weight of written sale agreement and respondent’s averment of identity in support of attachment application.
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12 August 1994 |
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Appeal dismissed — no sufficient grounds to disturb lower courts’ findings on entitlement to two head of cattle paid as dowry.
Customary law – dowry (lobola) – entitlement to return of bridewealth on death of spouses – appellate review of factual findings; appellate interference only where clear error established.
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12 August 1994 |