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31 judgments found.
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January 2006
31 January 2006
Adoption refused because petitioners were non-residents and had not had the infant in their care for the required three months.
Family law
— Adoption — statutory requirements — consent, welfare, no payment, residency, and three-month continuous custody requirement. Statutory restrictions
— Welfare of the child — custody restoration to parent where adoption statutory prerequisites unmet
31 January 2006
Appellant failed to prove ownership or timely raise limitation; appeal dismissed with costs.
Land law — recovery of land — Dispute over ownership and trespass — Credibility and corroboration of witnesses
Limitation — limitation period for recovery of land (12 years) — Points not raised at trial cannot be raised on appeal
Evidence — Assessment of credibility — Instigation by third party and inconsistent testimony
30 January 2006
Failure to plead employment terms and specify relief rendered the applicant’s claim and appeal defective despite alleged unwritten contract.
Employment law — Proof of employment — Absence of written contract not decisive; need to plead terms and consideration for enforceability
Civil procedure
— Pleadings — Relief limited to pleaded claims — Order VII r.7: requirement to state specific relief; failure renders plaint defective
— Amendment of pleadings — Application for leave to amend before trial — Failure to seek leave may warrant dismissal of appeal
30 January 2006
The District Court lacked both pecuniary and legal jurisdiction over the contested redundancy (trade) dispute; its judgment was set aside.
Civil procedure — Binding authority — application of Tambueni Abdallah on trade dispute jurisdiction
Civil procedure — jurisdiction
— lack of jurisdiction renders proceedings a nullity
— pecuniary limit of District Court exceeded
Labour law — redundancy/non‑employment
— contested redundancy is a trade dispute
— exclusive original jurisdiction of the Industrial Court
27 January 2006
25 January 2006
23 January 2006
Affidavit without verification clause renders application for security for costs incompetent and is struck out.
Civil procedure
— Affidavits — verification clause required to distinguish matters of knowledge and information and belief
— Procedural fairness — unpleaded objections (e.g., jurat defects) may be refused as surprise to the applicant
Election law — ancillary applications — security for costs
Election law — Election petitions rules
— amendment/saving not available where affidavit is void
— limited application to cure defects in incidental applications
20 January 2006
Election law — Elections — Election petitions — Defective Affidavit Civil Procedure — Judicial Discretion — Striking Out of Incompetent Applications
20 January 2006
Prosecution proved constructive possession of firearm and ammunition; search and jurisdictional complaints failed; appeal dismissed.
Criminal law — Jurisdiction — Resident Magistrate Court of Moshi competent for offences in Hai District
Criminal law — Search and seizure
— Constructive possession
— lawfulness of search and presence of independent witness
Criminal law — Unlawful possession of firearm and ammunition — proof beyond reasonable doubt
19 January 2006
Respondents declared lawful owners after auction; eviction order ineffective; damage claims denied for lack of particulars, limited business-loss awarded.
Land law
— auction sale and certificate of sale — transfer of title despite prior mortgagee interest
— Effectiveness of lower court eviction order — procedural review required before original magistrate
— Mesne profits and business loss — partial award where proved
19 January 2006
Application for leave to appeal was time-barred and improperly framed for failure to cite the specific enabling paragraph; struck out.
Civil procedure — Leave to appeal — fourteen-day limitation — High Court practice — incompetency for failure to properly move the court
18 January 2006
Application for leave to appeal filed after the 14‑day limit and without citing the specific enabling subsection was struck out.
Civil procedure
— Appeals — Leave to appeal to Court of Appeal — Time limit under Court of Appeal Rules r.43(a) — Fourteen days
— jurisdiction — Requirement to cite specific subsection or paragraph of enabling statute when moving the court — Failure renders application incompetent
18 January 2006
Application for leave to appeal filed out of time and without citing the specific enabling sub‑provision was struck out.
Civil procedure
— Leave to appeal out of time — Delay in obtaining copy of judgment — Law of Limitation Act s.19(2)
— Chamber summons — Chamber Summons and supporting affidavit — Order XLIII r.2 Civil Procedure Code
Jurisdiction — Correct statutory citation — Requirement to cite specific subsection/paragraph when moving the court — Appellate Jurisdiction Act s.5(1)
18 January 2006
16 January 2006
Chairman may hear execution objections but orders from an unrecognized conciliatory forum are void and require retrial.
Land law — Land procedure — Execution proceedings — Regulation 22 and 23(5) GN No.174/2003
— Chairman’s power to hear objections in execution
— Pleading requirement for renovation/building cost claims
— Validity of orders from unrecognized conciliatory forums ('Chama Cha Wenye Nyumba'/'Chawenyuta Baraza')
Land law — Remedy — quashing defective proceedings and ordering retrial
13 January 2006
High Court struck out appeal for failure to file the statutorily required petition in the district court.
Criminal law — Criminal appeals from primary courts
9 January 2006
Guilty plea upheld; mandatory life sentence for sexual assault on child under ten affirmed; appeal dismissed.
Criminal law — guilty plea procedure — mandatory sentence for unnatural offence on child under ten — appeal barred after guilty plea except as to extent or legality of sentence — no automatic right to appointed counsel under s.310 absent rules of court
6 January 2006
6 January 2006
Airline negligent for cross‑tagging luggage, but plaintiff failed to prove loss of alleged US$47,000.
Tort
— Burden of proof in civil cases — Proof of loss of cash in checked baggage — Need for contemporaneous and admissible documentary or corroborative evidence to establish contents and value
— Tort of negligence — duty, breach and damage — Carrier liable for negligent mishandling of checked luggage
4 January 2006
A creditor may recover unpaid invoices based on computer-generated account statements if proven on the balance of probabilities.
Commercial law — debt recovery — Establishment of outstanding balance through documentary and oral evidence
Evidence — banker's books and electronic printouts — admissibility requirements
4 January 2006
Whether the respondent must pay outstanding invoices evidenced by computer-printed account statements despite lack of original supporting documents.
Civil procedure — Pleading requirements — Order VII — Pleading under Order VII r.2 where claim is for amount ascertainable from accounts
Commercial law — recovery of unpaid invoices — invoices in ordinary course of business admissible to prove debt
Evidence — Evidence/record — Computer-generated records: admissibility and sufficiency where originals not produced but account was supplied to the defendant
4 January 2006
A District Court lacked jurisdiction to hear a suit on a dispute already decided by a Ward Tribunal; matter was res judicata.
Civil procedure — Res judicata — prior Ward Tribunal decision as bar to fresh suit — Ward Tribunals Act, Cap 206 ss.3, 8, 20
4 January 2006
Convictions quashed for unsafe visual identification and the trial court’s failure to evaluate evidence and warn accused.
Civil procedure — counsel’s lack of instruction and amended petition
— convictions and sentences quashed
— court may use revision powers
Civil procedure — Procedural irregularity — Inclusion of untried person as appellant
Criminal law — identification evidence
— contradictions about lighting and lack of detailed descriptions render identification unsafe
— Visual identification
Criminal procedure
— Duty of trial court to evaluate evidence and to warn accused under s.293 Criminal Procedure Act
— failure permits appellate intervention
3 January 2006
Convictions based on unreliable night-time visual identification and inadequate judicial evaluation were quashed; revision powers applied.
Civil procedure — Revision powers — High Court may invoke s.372/373 to correct defects where appeal procedure is defective
Criminal law — Armed robbery — identification evidence — Night-time visual identification unreliable where lighting conditions are contradictory and no detailed descriptions given
Criminal procedure
— evaluation of evidence
— Silence of accused — Court should address statutory implications before drawing adverse inferences
3 January 2006
Commercial supply dispute decided on inadequate proof and adverse inference; unproduced exhibit expunged, plaintiff awarded uncontroverted balance.
Contract of sale partly written and partly implied; commercial disputes over account calculations and tax treatment; failure to call material independent witnesses warrants adverse inference (Hemed Said); documents not produced/admitted under Order XIII do not form part of the record (expunged).
1 January 2006
Whether respondents trespassed on village grazing land and should be evicted based on boundary demarcation and survey evidence.
Evidence — oral histories, administrative minutes, surveyor’s report and village qualification as proof of village boundaries/rights
Land law — Village land — alleged trespass by outsiders — claim for eviction, injunctions and damages
1 January 2006
Will and probate grant invalidated for defective attestation and failure to comply with mandatory probate publication rules.
Civil procedure — Procedural irregularity — nullity of probate grant and appointment of administratrix where substantive and procedural defects exist
Probate law
— Probate procedure
— validity of will — attestation requirements for illiterate testator under Local Customary Law
1 January 2006
Allegation of non‑service and forgery failed; no sufficient cause for extension—application dismissed, execution to proceed.
Civil procedure — Summary judgment — application to set aside judgment and seek extension of time
— allegation of non‑service and forged signatures
— burden of proof higher where fraud alleged
Evidence — comparison of signatures
1 January 2006
Whether police officers murdered detainees in custody and whether forensic and co‑accused statements sufficiently proved individual guilt.
Criminal law — forensic linkage
— ballistics and blood samples
— sufficiency of circumstantial evidence to prove identity of shooter beyond reasonable doubt
Criminal law — Murder
Criminal law — police custody killings
— admissibility and weight of co‑accused confessions
— principals, accessories and common intention
1 January 2006
A s.6 stay requires the opposing party to be bound by the arbitration agreement; an interested non‑party cannot compel stay.
Arbitration — Arbitration act (s.6) — stay of court proceedings pending arbitration — requirements that the opposing party be party to the submission or claim under a party — distinction between direct party and interested non‑party
Civil procedure
— Contractual interpretation — lease and sub-lease as separate agreements binding different parties
— Inherent jurisdiction — court may stay proceedings but only where appropriate contractual/arbitral basis exists
1 January 2006