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890 judgments found.
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September 2006
Concurrent factual findings that the respondent owns the land will not be disturbed absent good reasons.
Land law — Appellate review
— concurrent findings of fact by lower courts
— principle against disturbing concurrent findings absent good reason
Land law — Evidence — credibility of parties’ competing assertions about who constructed and occupied the structure
Land law — ownership dispute — possession and return of land by a church to a private owner
12 September 2006
A District Court lacked jurisdiction in a probate matter; its orders and a consequent sale were quashed as nullities.
Probate law
— District Court not competent unless presided by District Delegate or for small estates — No District Delegates exist — Proceedings and orders of District Court in probate matter null and void — Sale in breach of court directions set aside
— jurisdiction
12 September 2006
12 September 2006
A spouse’s refusal to testify may be treated as admission; homemaker contributions justify division of matrimonial property.
Civil procedure — Procedure
— court may pronounce judgment where a party refuses to give evidence
— Presence and silence of a party do not render proceedings ex parte
Evidence — Civil burden of proof — A party present who refuses to testify may be treated as admitting the other party’s evidence
Family law — Matrimonial property — division on divorce — Non‑pecuniary contributions (household duties, childcare) may qualify as contribution to acquisition of assets
11 September 2006
High Court allowed extension and ordered separate appeals after District Court wrongly consolidated distinct Primary Court convictions.
Criminal procedure
— Appeal procedure — Misjoinder/consolidation of separate appeals — Improper consolidation of distinct Primary Court files
— Extension of time to appeal — High Court’s revisional power and power to extend time to appeal — Magistrates Courts Act s25
— plea of guilty — appeal on plea of guilty barred except as to sentence — Magistrates Courts Act s20(2)
11 September 2006
The High Court allowed the applicant to file separate appeals after the District Court wrongly consolidated four distinct, time-barred appeals.
Criminal law — Magistrates courts act — consolidation of appeals
— appeals after guilty plea
— High Court revisional and extension powers
— improper joinder of separate Primary Court files
— Primary Court sentencing jurisdiction limits
11 September 2006
Leave to appeal out of time granted due to strong prospects on identification issues despite unproven delay by prison authorities.
Criminal procedure — Leave to appeal out of time
11 September 2006
Claim arising from summary dismissal barred by Security of Employment Act and for failure to give statutory notice.
Contract law
— Civil Procedure Code Order VIIIA r.4 — scheduling orders not absolute
— Local Government (District Authority) Act s.183(1)&(2) — mandatory 90-days’ notice to authority
— Order XIV r.2 — trial of legal issues (jurisdiction) first
— Security of employment act s.28(1) — ouster of civil court jurisdiction over matters arising from summary dismissal
8 September 2006
Court granted interim injunction restraining respondent's sale of "BORA" slippers pending trial due to prima facie passing off.
Intellectual property law — Trade mark
— Competing trade mark registrations and good-faith allegations are triable issues
— Procedural propriety of preliminary objections and evidence in submissions
— Irreparable harm (loss of goodwill)
— Temporary injunction
— Prima facie case and legal right to protection
8 September 2006
Appeal dismissed: no sufficient reasons for delay, memorandum attacked wrong decision, and intended appeal lacked prospects of success.
Civil procedure
— Extension of time to appeal — Good and sufficient cause required
— Memorandum of Appeal — non‑compliance renders appeal invalid and liable to dismissal
— leave to appeal out of time — prospects of success as primary consideration
8 September 2006
Leave to appeal from a Primary Court decision denied for failure to establish a point of law; application dismissed.
Appellate practice — Appellate jurisdiction act s5(1) & s5(2)(c) — leave to appeal from Primary Court — requirement of High Court certification of a point of law
Appellate practice — Court of Appeal Rules
— distinction between factual disputes and points of law
— timeliness
8 September 2006
Leave to appeal dismissed for failure to demonstrate a point of law; issues were factual.
Appellate practice — Appellate jurisdiction — leave to appeal to Court of Appeal — factual disputes not grounds for certification
Civil procedure — Court of appeal rules — compliance with time limits and correct party joinder
8 September 2006
Conviction upheld where accomplice testimony was corroborated by police evidence despite an erroneous adverse inference.
Criminal law
— proof beyond reasonable doubt
— sentence review — not excessive
8 September 2006
Prosecution proved unlawful possession of an SMG; appeal dismissed but sentence increased to ten years.
Criminal law — Unlawful possession of firearm and ammunition — admissibility of cautioned/confession statement
Criminal procedure — Appeal competence — Raising new grounds orally without leave
Evidence — no prescribed number of witnesses — No particular number of witnesses required (Evidence Act s 143)
8 September 2006
Constitutional law
— Basic Rights — Enforcement of basic rights — Whether it is appropriate to seek enforcement of every basic right infringed by petitioning the High Court. The two petitioners were widows. Their uncontroverted depositions showed that by operation of the provisions of certain paragraphs of the Second Sc
— Interpretation of constitutional provisions — Context of the constitution is essential in interpreting constitutional provisions
8 September 2006
Appeal dismissed: broker's failure to serve 14‑day notice did not establish fraud, conversion or defamation.
Civil procedure — Execution
— Court broker’s role and susceptibility to being joined as a party in execution disputes — Liability for irregular execution and proper party for damages
— Notice requiring payment and disposition (sale) of property on default — Court Brokers and Process Servers Rules G.N. No.315/1997 (r.4)
Tort — Defamation — publication and damage essential — Lawful justification of execution proceedings as defence to defamation
8 September 2006
Primary and district courts lacked jurisdiction over a post‑2003 land dispute; their proceedings were quashed; refer to land disputes courts.
Civil procedure — Proceedings nullity — Proceedings and judgments quashed as null and void for want of jurisdiction
Land disputes
— Appeal — Competence of District Court in land matters post‑2003 (appeal from Primary Court) — Land Disputes Courts Act, CAP 216
— Jurisdiction — Primary and Magistrates' Courts lack jurisdiction to entertain matters under the Land Act 1999 and Village Land Act 1999 — Land Disputes Courts Act, CAP 216
7 September 2006
High Court lacked jurisdiction to hear challenge to summary dismissal under section 28 of the Security of Employment Act.
Civil procedure — preliminary objection on jurisdiction — court may hear tort claims despite existence of statutory compensation scheme
Employment law — Security of Employment Act — proper forum for disputing dismissals — Security of Employment Act s.28(1)
Labour law — Cause of action — Interwoven claims founded on summary dismissal cannot be split to avoid statutory ouster
7 September 2006
Section 28 of the Security of Employment Act ousts ordinary courts' jurisdiction to hear summary dismissal challenges.
Civil procedure — ouster of jurisdiction by statute — Mixed causes of action — Interwoven claims falling under s.28 oust court's jurisdiction
Employment law
— Summary dismissal — Whether ordinary courts have jurisdiction to entertain challenges to summary dismissal under Security of Employment Act s.28
— natural justice — Whether ordinary courts may review labour board/ministerial decisions for procedural defects or denial of natural justice — Security of Employment Act s.28
7 September 2006
Section 28 of the SEA ousts High Court jurisdiction over summary dismissal claims; plaint struck out.
Administrative law — Judicial review — procedural impropriety and natural justice — Labour‑fora/Ministerial decisions (challenge limited to defects of process)
Employment law — Security of Employment Act — Ouster of ordinary courts' jurisdiction in summary dismissal disputes — Security of Employment Act s.28(1)
7 September 2006
Failure to attach the order or decree appealed against renders the appeal incompetent and it was dismissed with costs.
Civil procedure
— Appeals — requirement that appeal be accompanied by the decree appealed from (Order XXXIX r.1(1))
— Execution and eviction — Challenge to stay of execution — Court cannot decide on orders not extracted from the ruling and not exhibited
7 September 2006
6 September 2006
The appellant’s failure to attach the drawn order to the memorandum of appeal rendered the appeal incompetent and fatal.
Civil procedure
— Appeal
— summary suit/ex parte injunction — procedural compliance required for appeal
6 September 2006
Failure to annex the drawn order required by Order XXXIX r1(1) renders an appeal incompetent and dismissed with costs.
Civil procedure — Appeal competence
6 September 2006
6 September 2006
Summary suit granted: unnotified board resolutions void, defendants ordered to repay loan, dividends, interest and costs.
Civil procedure — Summary suit — Entitlement to summary judgment — Order XXXV r.2(2)(a) CPC
Company law — removal of director — Validity of board resolutions and signatory changes — Transactions after purported removal unlawful
4 September 2006
Revision application struck out as time-barred and supported by an incurably defective affidavit lacking place in the jurat.
Limitation law — Affidavit jurat
— authority: D.B. Shapriya
— place of swearing
— re-swearing/amendment not permitted
Limitation law — Limitation — Revision
4 September 2006
4 September 2006
District Court lacked jurisdiction over a non‑small estate; its probate orders were nullity and have been quashed.
Civil procedure — Probate and administration jurisdiction — small estate exception (≤ shs.10,000/=) — District Court orders in non-small estate null and void — quash and set aside
1 September 2006
Inconsistent and unsupported dowry claim failed; appellate court dismissed appeal for lack of credible evidence.
Family law — dowry claim
— appellate review of trial court findings on weight of evidence
— inconsistency between pleaded claim and testimony
— proof and credibility of oral evidence
1 September 2006
Appeal allowed: rape conviction quashed due to witness contradictions, inadequate identification and insufficient medical evidence.
Criminal law — Credibility — contradictions between prosecution witnesses
Criminal law — identification — visual ID at dusk and insufficient lighting
Criminal law — medical evidence — PF.3 findings unsupported by scientific basis
Criminal law — Rape — standard of proof beyond reasonable doubt
Criminal law — Victim testimony
— Conviction quashed for insufficient evidence
— refusal to testify and absence of medical proof of epilepsy
1 September 2006
August 2006
Committal for contempt was premature because the applicant failed to exhaust Order 21 r.30(2) enforcement remedies.
Civil procedure
— Contempt of court — Committal for contempt — Committal is a last‑resort remedy where statutory execution remedies remain available
— Execution of decree — attachment of property — Necessity to extract decree and pursue prescribed enforcement steps prior to committal
— enforcement of decree — Order 21 Rule 30(2): requirement to seek attachment or leave for detention before committal proceedings
31 August 2006
A second appellate court will not disturb concurrent factual findings absent misdirection, misapprehension, or miscarriage of justice.
Civil procedure — Civil appeal — concurrent findings of fact — appellate restraint
31 August 2006
Criminal law — Attempted rape — Essential elements ofthe offence of attempted rape
Criminal law — Criminal practice and procedure
— Charges — Charge of attempted rape — Particulars ofthe charge not disclosing an essential element ofthe offence charged — Charge incurably defective
— Trials — Fair trial — Minimum standards to ensure a fair trial
Criminal law — Criminal practice and procedure -appeals — Second appeal to the Court of Appeal — Whether the Court on a second appeal may interfere with concurrent findings of fact by the Courts below
Criminal law — From the decision of the high court of tanzania at mbeya, mmilla, j., dated 2 december 2003, criminal appeal number 65 of 2000)
Evidence — Credibility of evidence — Attempted rape — Complainant’s evidence in Court contradicting her account given to another prosecution witness at the scene of crime — Whether her evidence is credible
31 August 2006
Court granted extension to file appeal, accepting exclusion of time taken to obtain judgment and finding good cause.
Civil procedure — extension of time
Limitation law — Limitation — whether time to obtain certified copy of judgment excluded from appeal period — position that such time may be excluded
31 August 2006
Withdrawal of application allowed but leave to refile refused after the underlying revision was struck out.
Civil procedure
— preliminary objection — Preliminary objection on point of law
— Stay of execution — Stay of execution pending revision
— withdrawal of application — Leave to withdraw and leave to refile
31 August 2006
Inconsistent victim and medical evidence, plus credible defence testimony, created reasonable doubt requiring acquittal.
Criminal law — sexual offences against a child — Rape — Inconsistencies between witness testimony and medical evidence
Evidence — Assessment of credibility — Defence evidence and alibi raising reasonable doubt — Weight to be given to defence testimony
31 August 2006
Election law — Elections — Election petitions
31 August 2006
Nolle prosequi entered for technical defects; accused discharged without prejudice to future charges.
Criminal procedure — nolle prosequi
— assessors discharged
— entry
31 August 2006
Convictions of two co-accused quashed for defective identification; lone accused’s conviction upheld due to capture at the scene.
Criminal law
— identification evidence — Visual identification at scene — Strengthens prosecution case
— Robbery with violence — Identification evidence — adequacy of description, light intensity and proximity
Criminal procedure — Appeal — Evaluation of credibility and sufficiency of evidence to support conviction — Conviction unsafe if identification dismantled
31 August 2006
Appeal allowed for two appellants for inadequate identification; first appellant’s conviction upheld due to arrest and contemporaneous identification.
Criminal law — Robbery with violence — Identification evidence — Insufficiency of bare assertion of recognition notwithstanding moonlight/electric light
Criminal procedure — Appellate review — Separating co-accused where evidence sufficient as to one but inadequate as to others. Arrest at scene and contemporaneous conduct can constitute proper identification
31 August 2006
Conviction for unlawful firearm possession quashed due to insufficient and circumstantial evidence creating reasonable doubt.
Criminal law — Possession offences — sufficiency of circumstantial evidence — constructive/actual possession — reasonable doubt
30 August 2006
Conviction overturned where firearm found in accessible homestead location without proof linking it to the appellant.
Criminal law
— Assessment of conduct — accused's voluntary attendance at police relevant to credibility/culpability
— evidentiary issues — contradictions as to recovery location and lack of identification of ownership of items wrapping the firearm undermine prosecution case
— Statutory interpretation — charge
— Unlawful possession of firearms — sufficiency of evidence: recovery of firearm from an accessible place in the homestead does not alone prove possession beyond reasonable doubt
30 August 2006
Court struck out appellant's written submissions for failing to address the appeal and disobeying a prior order; each party bears own costs.
Civil procedure
— Ex parte hearing — Non-appearance — Inappropriate where court has directed written submissions
— striking out — Striking out non-compliant or argument-less submissions — Costs (each party to bear own costs)
— Written submissions — Non-compliance with court-ordered timetable equates to non-appearance/want of prosecution
30 August 2006
Rape conviction unsafe due to unreliable night identification, missing voir dire and inadequate medical evidence.
Criminal law — Alibi notice (s.194(4) Criminal Procedure Act)
— consequences of non-compliance
— Conviction unsafe, appeal allowed
Criminal law — Failure to conduct voir dire (s.127(2) Law of Evidence)
— material irregularity
— Medical evidence insufficient to prove intercourse or link accused
Criminal law — Visual identification — Reliability
28 August 2006
Interim injunction granted to protect applicant's contractual performance where access was being blocked, pending trial.
Civil procedure — Interlocutory injunctions — requirements of prima facie case, irreparable harm and balance of convenience
Commercial law — Frustration of commercial project — Protection of contractor's access to premises, machinery and technology pending litigation
28 August 2006
Conviction for robbery quashed where prosecution relied on uncorroborated eyewitness evidence and failed to produce seized exhibits.
Criminal law — Robbery with violence
— appellate re‑evaluation of credibility and consideration of accused’s defence
— non‑production/non‑tendering of alleged exhibits weakens prosecution case
— single eyewitness testimony
— Sufficiency of evidence
25 August 2006
Conviction quashed where prosecution relied on uncorroborated testimony and failed to produce seized exhibits.
Criminal law
— Defence — Consideration of defence evidence and standard for reasonable doubt
— Single witness evidence — Sufficiency of single witness where defence raises direct denials and need for critical evaluation
Criminal procedure — Tendering of exhibits — Non‑production of seized exhibits and effect on weight of police testimony
25 August 2006
Appeal allowed: conviction quashed due to weak prosecution evidence and non-production of alleged seized exhibits.
Criminal law — Robbery with violence
— Duty to consider defence and re-appraise evidence on first appeal
— Non-production of alleged seized exhibits weakens police testimony
— Sufficiency of evidence
25 August 2006
Prosecution entered nolle prosequi under s.91(1) CPA and the accused was discharged, terminating the murder prosecution.
Criminal procedure — discontinuance of prosecution — nolle prosequi — entry
25 August 2006