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709 judgments found.
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December 2011
DLHT's failure to state issues and reasons renders its judgment a nullity and warrants a rehearing.
Land law — Land appeals — Procedural requirements for appeals from District Land and Housing Tribunal to High Court — Regulation 20(1)(a)–(d) GN. No. 174/2003; Cap. 216 ss. 43(1)(b), (2)
29 December 2011
A preliminary objection based on disputed service of notice of appeal was improper and was dismissed; each party to bear own costs.
Civil procedure — cannot resolve factual disputes requiring evidence
— Mukisa Biscuits principle applied
— stay of execution
Civil procedure — preliminary objection
29 December 2011
Landing contractor liable for negligent custody of container; plaintiff awarded customs-based refund, general damages, interest and costs.
Commercial law
— carriage/container custody — landing contractor’s duty of care for containers and contents
— negligence for pilferage in defendant’s custody Evidence — valuation of lost goods — admissibility of pro forma invoice vs. reliance on customs release/declaration Remedies — award of pecuniary compensation based on customs-declared value, general damages, pre- and post-judgment interest, and costs
29 December 2011
29 December 2011
Misjoinder upheld for distinct transactions; advocate’s unsigned plaint curable and defendant may be substituted.
Civil procedure
— Proper parties — Suit against wrong defendants — Whether suing the managing director instead of the company is fatal
— Pleadings — Signing and verification of plaint — Omission of advocate’s signature curable (Order VI r 14)
— Joinder of parties — Whether joinder raises common questions of law or fact — Misjoinder where claims arise from distinct transactions (Order I r 1; Order I r 9)
29 December 2011
An arbitration clause does not oust court jurisdiction where a defendant has taken steps in court instead of timely seeking a stay.
Arbitration — Arbitration clause — effect on court jurisdiction
29 December 2011
Petition for letters of administration granted where statutory publication, absence of caveat and documentary requirements were satisfied.
Civil procedure — Probate and administration — Grant of letters of administration — Intestacy
23 December 2011
Court granted applicant extension to lodge notice and apply for leave to appeal due to counsel's bereavement and illness.
Civil procedure — Extension of time to appeal — whether lack of notice of judgment and subsequent illness constitute sufficient cause — Appellate Jurisdiction Act s 11(1), Law of Limitation Act s 14(1)
23 December 2011
22 December 2011
Revision dismissed: most impugned acts time‑barred and successor magistrate's discretion to continue trial not revisable.
Civil procedure — Revision — Whether revision lies against interlocutory orders — Civil Procedure Code s 75
Limitation law — 60‑day period for revision — Application of item 21, Part III, First Schedule to the Law of Limitation Act — Law of Limitation Act s 3 and Schedule Part III item 21
Trial procedure — change of magistrate during trial — Whether successor magistrate may start trial de novo or continue proceedings — Order XVII r 10 CPC
20 December 2011
Expiry of a Speed Track does not automatically extinguish a suit; court may amend scheduling orders in the interests of justice.
Civil procedure — Order VIIIA
— court may depart from/amend scheduling order in the interests of justice
— expiry of Speed Track does not automatically terminate suit
— Speed Track allocation and computation
— striking out is not the necessary remedy for expired Speed Track
— such relief need not be constrained by Law of Limitation
20 December 2011
Appeal allowed: unsafe identification and improperly admitted/unsupported exhibits rendered conviction unsafe.
Criminal law — identification evidence
Criminal procedure — Burden of proof
Evidence
— Caution statement — right to comment and complaints of coercion before admission
— Exhibits — admissibility and connexion of recovered weapon and documents
19 December 2011
Reported
Appeal allowed: conviction quashed for unreliable identification and unlawfully admitted exhibits and caution statement.
Criminal law — Visual identification — night-time identification — Sufficiency of observation and parade identification
Criminal procedure — admissibility of cautioned statement — Accused's right to be heard before admission of documents and caution statements
Evidence — Identification of exhibits — Proper linkage of recovered firearm to accused
19 December 2011
Insufficient night identification and improperly admitted exhibits and caution statement rendered conviction unsafe.
Criminal law — identification evidence — visual identification and identification parade
Criminal procedure
— admissibility of cautioned statements — trial‑within‑a‑trial, voluntariness and requirement to give reasons before admission — Criminal Procedure Act ss 50 & 51
— Admissibility of exhibits — Proof of provenance and chain of custody
19 December 2011
An application for leave to appeal filed after unwarrantable delay is incompetent; appeal struck out with costs.
Civil procedure — application for leave to appeal out of time — timeliness and competence
19 December 2011
District Land Tribunal lacked jurisdiction to treat a Ward Tribunal criminal trespass as a land appeal; proceedings quashed.
Civil procedure — nullity of proceedings where no valid appeal exists
Jurisdiction — District Land and Housing Tribunal — whether it may entertain a land appeal originating from a Ward Tribunal criminal trespass matter — jurisdictional limits and proper characterization of proceedings
Land law — referral to Village Land Council for ownership determination versus criminal trespass proceedings
19 December 2011
Allegations of judicial bias unsupported; refusal to address court is abuse—recusal denied and application dismissed with costs.
Civil procedure — Abuse of process
— court may invoke inherent powers
— refusal to address the court to have a compromise (Deed) registered may be an abuse
Civil procedure — Judicial recusal
— mere apprehension without evidence insufficient (Rugaimukamu; Registered Trustees; Mwita Chacha)
— standards for disqualification: need evidence of close relationship, personal bias or financial interest
19 December 2011
Appeal dismissed: employee's unauthorised sale/lending of employer's cement proved beyond reasonable doubt, defence uncorroborated.
Criminal law — Stealing by servant — Entrustment of employer's property and unauthorized disposal
Evidence
— Criminal burden of proof — Credibility assessment and appellate deference to trial court's findings
— duty to call witnesses — Failure to call material witness (present at scene)
16 December 2011
Application to set aside dismissal for non-appearance dismissed as lacking sufficient cause and rendered futile; High Court lacked jurisdiction to stay execution.
Civil procedure
— Order IX Rule 9(1) & s95 CPC — setting aside dismissal for non-appearance — sufficient cause
— Remedy for judgment alleged obtained by fraud — appeal/revision versus fresh suit
— Stay of execution — jurisdiction after Court of Appeal determination
16 December 2011
Revocation of letters of administration without hearing violated natural justice and was declared a nullity.
Probate law — Revocation of administrator — Revocation of letters of administration without hearing — Natural justice: requirement to afford opportunity to be heard
Civil procedure — Omission renders judgment a nullity — Decision made without hearing — Quashing and restoration of administrator
16 December 2011
Revocation of the applicant's letters of administration without hearing violated natural justice and was declared a nullity.
Administrative law — Right to be heard (audi alteram partem) — Failure to consider party's defence renders decision a nullity
Probate law — Revocation of letters of administration — requirement of summons and right to be heard — Natural justice
16 December 2011
The court held all biological children are heirs regardless of legitimacy and ordered sale with equal distribution including two ex-wives.
Probate law
— Administration — court orders sale of disputed property and equal distribution of proceeds
— Contributions by former spouses — not a basis for exclusive inheritance rights
— Probate — Intestate succession — entitlement of all biological children irrespective of legitimacy or type of parental marriage
— Rent collected — to be paid to deceased's children only
16 December 2011
Drug trafficking is an unbailable offence; charge was sufficient and bail application dismissed.
Criminal procedure — Bail
— certificate of value not an ingredient of trafficking offence
— Illicit drug trafficking excluded from grant of bail by statute
— sufficiency of charge
16 December 2011
Conviction quashed for armed robbery due to unreliable identification, procedural breach over PF3, and unrebutted alibi.
Criminal law
— Defence of alibi — no burden to prove, but ineffective against watertight prosecution case
— identification evidence — Recognition by witnesses
Evidential weight of medical (PF3) and witness testimony — Medical evidence (PF3) — Admissibility and mandatory compliance with CPA s240(3)
16 December 2011
Second defendant struck out for misjoinder after first defendant’s despecification removed the receiver role.
Civil procedure — Joinder of parties — Official Receiver as proper party — Government Notice despecifying corporation
16 December 2011
Despecification of a parastatal removes the basis for joining the Parastatal Sector Reform Commission as its receiver.
Civil procedure — Joinder of parties — Official Receiver as proper party — Despecification removes legal basis to join Parastatal Sector Reform Commission as receiver — GN No. 272 of 2005
16 December 2011
Trial Magistrate’s demand that the applicant prove beyond the balance of probabilities was a miscarriage of justice; retrial ordered.
Civil procedure
— requiring a higher standard is misdirection and a miscarriage of justice — Quashing of impugned decision and order for retrial de novo — Costs: each party to bear own costs
— Standard of proof — Balance of probabilities is the applicable standard in civil matters
16 December 2011
Court reduced excessive instruction and attendance fees and taxed the bill of costs at Tzs. 8,115,000/=.
Civil procedure — Taxation of costs — instruction fees — factors: suit value, subject matter, complexity, time, research, parties' conduct
Legal profession — Advocates’ remuneration — GN 515/91 scales outdated — taxing master may adjust awards to achieve fair compensation
Tax law — Taxation — attendance, ADR and disbursements — reduction where excessive or where adjournments caused by judgment debtor
16 December 2011
Clerical error in date on grant not forgery; Primary Court's letters of administration restored.
Probate law — Administration of estates — Validity of grant of Letters of Administration — Clerical error distinguished from forgery — Citation/publication requirement
16 December 2011
Appeal struck out because the attached decree bore a different date than the judgment, breaching Order XX r.7.
Civil procedure
— Appeal requirements — Formal defects in memorandum of appeal — Endorsement and certification issues
— Decree — XX, Rule 7 CPC requires decree to bear date of pronouncement of judgment — Order XX r.7 CPC
15 December 2011
Vague medical certification did not establish good cause to extend time for filing an appeal.
Civil procedure — extension of time — enlargement to file application for leave to appeal — discretionary exercise guided by length and reason for delay, existence of arguable appeal and prejudice (Mbogo). Ignorance of law/procedure is not good cause for extension
15 December 2011
Statutory prohibition of bail for money laundering is constitutional; PCCB lawfully investigated and prosecuted related offences.
Constitutional law
— Bail
— Separation of powers — judicial discretion and statutory bar on bail
Criminal procedure
— Anti‑corruption enforcement — PCCA powers, DPP supervisory control, NPSA s.22 and GN No.169/2008 authorising PCCB officers to prosecute offences discovered during corruption probes
— High Court powers
15 December 2011
Court upholds non‑bailability for money‑laundering charges and confirms PCCB’s authority to prosecute offences arising in corruption investigations.
Constitutional law — Bail
— money laundering non-bailable
— proportionality and Oakes-type justification
Constitutional law — PCCB mandate
— PCCB not liable
— power to investigate/prosecute offences discovered in corruption probes under DPP supervision
Constitutional law — Separation of powers — legislature may prescribe non-bailable offences without usurping judicial function
15 December 2011
The High Court dismissed the appeal, holding the Revision Panel validly ordered execution and functus officio/res judicata did not apply.
Civil procedure — Adequacy of reasons
— Order certainty and enforceability
— Panel’s consideration of grounds
Civil procedure — functus officio and res judicata — requirements not met
15 December 2011
Applicant withdrew an urgent application for injunction and stay; court marked it withdrawn and awarded costs to respondent.
Civil procedure — interim relief — Temporary injunction and stay of execution — application overtaken by events may be properly withdrawn
Civil procedure — Withdrawal/abandonment of proceedings
— costs may be awarded
— Court may mark application withdrawn where applicant files notice and withdrawal is unopposed
14 December 2011
A time-barred appeal lacking proper grounds may be summarily dismissed under section 28(3) of the Magistrates' Court Act.
Criminal law — Magistrates' court act s.28(3)
— distinction between explanations and grounds of appeal
— summary dismissal of appeals
— time‑barred appeals
14 December 2011
Convictions for trespass and malicious damage arising from a land dispute were quashed; land disputes should first be determined by Land Court/Tribunal.
Criminal law — Trespass and malicious damage arising from land dispute
— defective trial record may render convictions unsafe
— Where dispute is essentially about land, it should ordinarily be determined by a Land Court/Tribunal before criminal prosecution
13 December 2011
Conflicting duplicate Ward Tribunal judgments vitiated the record, so proceedings were nullified and a retrial ordered.
Land law — conflicting tribunal records — nullification of proceedings where lower tribunal issues two different awards on same cause of action Remedy — setting aside tainted records and ordering retrial before a differently constituted tribunal panel
13 December 2011
Application to restore a time‑barred suit dismissed: inherent jurisdiction cannot override statutory limitation.
Civil procedure
— Inherent jurisdiction — Application to reopen proceedings — Whether section 95 CPC can be invoked to evade statutory limitation
— limitation — applications — Item 21, Part III Schedule, Law of Limitation Act — 60 days
— functus officio — A judge may not re‑determine issues already decided by another judge of the same court — Whether a different judge can restore a suit struck out by an earlier judge
13 December 2011
Basic Rights petition challenging repealed employment law was time‑barred, procedurally defective, and dismissed.
Administrative law
— Constitutional and administrative law — Basic Rights and Duties Enforcement Act petitions are civil suits for limitation purposes — six‑year limitation applies
— Public corporations in receivership — leave of court and joinder of official receiver required
Civil procedure
— Effect of repeal — court cannot declare provisions of a repealed statute unconstitutional or revive dead law
— Government proceedings
— Joinder — Attorney General is a proper party in constitutional challenges to statutory provisions
13 December 2011
A constitutional petition challenging a repealed employment law was time‑barred, overtaken by events, and dismissed with costs.
Constitutional law — Constitutional petitions
— limitation period
— requirement of leave to sue specified public corporations under receivership
— statutory notice to sue the Government
— whether such petitions are suits for limitation purposes
13 December 2011
Under Islamic succession, a surviving wife with children is entitled to one‑eighth of the estate; executor must satisfy that share.
Probate law — Probate — Islamic succession — Applicability of Quranic shares where deceased professed Islam — Surah An‑Nisa (4:12) entitlement of surviving wife to one‑eighth where deceased left children
Probate law — Probate remedy
— executor ordered to evaluate estate and satisfy Quranic kithumni share
— transfer of property of equivalent value permitted
Succession law — Testamentary capacity and limits — Muslim testator cannot dispose by will more than one‑third of estate after debts and legacies
12 December 2011
Wife entitled to one‑eighth under Islamic succession; executor ordered to evaluate estate and satisfy that share.
Probate law
— Muslim succession — Wife's kithumni (one‑eighth) where deceased left children — Evaluation and satisfaction of share by executor
— Wills — Will and exceptions (Section 55; Rule 33(1); Section 65) — Objector's right to statutory/religious share
12 December 2011
Repeated applications to set aside an ex parte judgment were abuse of process; the proper remedy was appeal.
Civil procedure
— abuse of court process — repetition of applications previously decided
— Execution — execution from a short judgment valid unless set aside by a superior court
— Locus — objection to locus in a separate, unrelated suit is irrelevant when respondent later acquires locus
— Res judicata — Functus officio — once matter decided trial court has no jurisdiction to re-determine it
— Right to be heard — available remedies are appeal, not repetitive applications
12 December 2011
Court grants extension to lodge appeal where court-made procedural defects and important land ownership issues show sufficient cause.
Civil procedure
— Decrees and judgments — unsigned decree and inconsistent dates — consequences and attribution of fault
— extension of time — Application under Section 11 Appellate Jurisdiction Act — Granting enlargement where procedural defects caused by the court prevented timely appeal
12 December 2011
Extension of time granted where court-caused decree defects and important land-ownership issues constituted good cause.
Appellate practice — Appellate procedure — Extension of time
— Court may grant enlargement where earlier appeal struck out due to court’s procedural defects (unsigned/incorrectly dated decree)
— substantive importance of issues (land ownership) can constitute good cause
12 December 2011
Court orders executor to value estate and pay the applicant one-eighth under Islamic inheritance law.
Probate and administration; Islamic succession law; entitlement of surviving wife to kithumni (1/8) where deceased left children; adequacy of testamentary provisions; executor ordered to value estate and satisfy one-eighth share (cash or equivalent property).
12 December 2011
Conviction quashed where absent‑witness statement was improperly admitted and victim's evidence left reasonable doubt.
Appellate practice — Appellate review of trial court's evaluation of evidence and credibility — Benefit of doubt and quashing of unsafe convictions
Criminal law — sexual offences against a child — credibility of child witness under section 127 Evidence Act — Evidence Act s.127
Evidence — admissibility of extra‑judicial statements — Admissibility of out‑of‑court written statements under section 34B (cumulative conditions) — Evidence Act s.34B
8 December 2011
Extension of time to appeal Ward Tribunal decisions must be sought under s20(2) Land Disputes Courts Act, not Cap 89.
Civil procedure — Competence — applications/appeals based on wrong statute are incompetent and liable to be dismissed
Land law — appeals from Ward Tribunals — extension of time — correct provision
Limitation law
— applies to District Tribunal and High Court in original jurisdiction
— Limitation
7 December 2011
Appeal allowed: adultery allegations unsupported by direct or sufficient circumstantial evidence and spouse's testimony was necessary.
Family law — adultery — direct (flagrante delicto) versus circumstantial evidence
— adequacy of circumstantial proof
— appellate review of concurrent findings where evidence demonstrably inadequate
6 December 2011