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Citation
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Judgment date
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| November 2014 |
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28 November 2014 |
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28 November 2014 |
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28 November 2014 |
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An applicant must diligently obtain the drawn order (not merely the ruling) to avoid dismissal of an extension application.
Civil procedure — extension of time — discretion to grant extension — applicant must show sufficient grounds and diligence; Court of Appeal Rules r.49(3) — drawn order (when seeking leave first in High Court) is the necessary document; failure to account for delay and lack of evidential proof of follow-up are fatal; costs awarded.
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28 November 2014 |
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Appeal allowed: courts must value matrimonial assets and properly assess contributions before dividing them on divorce.
Matrimonial property — division on divorce — mandatory valuation under s.114(1) Law of Marriage Act — proof of contributions — matrimonial misconduct must be proved to reduce entitlement — Islamic customary parting gift misapplied without asset valuation.
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27 November 2014 |
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Appeal allowed: conviction for forcible entry quashed for lack of evidence proving violent or unusual entry by the applicant.
Criminal law – Forcible entry (s.85 Penal Code) – requirement to prove violent entry (force, threats, breaking, or collection of an unusual number of people) – proof beyond reasonable doubt – role of caution statements and evidence of consent/agreements in land occupation disputes (wakf land).
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27 November 2014 |
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Forcible-entry conviction quashed for failure to prove violent entry or leadership of an unusual assembly.
Criminal law – Forcible entry (s.85 Penal Code) – Elements require entry in a violent manner (force, threats, breaking, or collecting an unusual number) – Prosecution must prove violence beyond reasonable doubt; prior agreement or consent negates forcible entry; caution statements of co-accused insufficient to convict another.
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27 November 2014 |
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Conviction for forcible entry quashed for lack of proof of violence, unusual numbers, or appellant's leadership.
Criminal law — Forcible entry (s.85 Penal Code) — elements: violence, threats, breaking, or collection of unusual number — proof beyond reasonable doubt; Evidence — absence of caution statements implicating accused; Wakf/land dispute context.
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27 November 2014 |
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Dispute over licence withdrawal/allocation is a procedural decision appealable under section 10(17), not an original suit.
Telecommunications law — s.10(17) Tanzania Communications Act — appeals to High Court on procedural issues or extraneous factors; jurisdiction of Commercial Division; competence of original suit versus statutory appeal remedy; procedural compliance with CPC and Commercial Division Rules.
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27 November 2014 |
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Dispute over withdrawal/reallocation of spectrum is appealable under s.10(17), not cognizable as an original civil suit.
Telecommunications law – s.10(17) Tanzania Communications Act – challenges to commission decisions on licence withdrawal/reallocation are subject to appeal to the High Court on procedural issues or extraneous factors – jurisdictional limitation of original suits – regulatory decision review mechanism.
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27 November 2014 |
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Conviction for armed robbery upheld on reliable identification; sentence increased to statutory 30-year minimum.
Criminal law – Armed robbery – Identification parade – Reliability of identification (Waziri Amani criteria) – Procedural irregularities in parade and non-production of PF3 maker – Admission by accused – Sentencing – statutory minimum under section 287A (Act No.4/2004).
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26 November 2014 |
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A dormant company failing to convene meetings or file returns can be wound up as just and equitable where no opposition is shown.
Companies law – Winding up – Just and equitable ground – Dormant company, failure to hold meetings, non-filing of statutory returns and death/non‑residence of active director – Advertisement of petition and no objections – Ex parte proof sufficient to grant winding up.
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26 November 2014 |
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Leave to appeal refused where amended ground was procedurally improper and the intended appeal lacked prima facie merit.
Leave to appeal — requirement of prima facie merit for leave under s.5(1)(c) AJA; Civil procedure — appellant cannot unilaterally amend grounds of appeal (Order XXXIX r.3 CPC); Appeal procedure — striking out amended sole ground and dismissal for want of prosecution.
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26 November 2014 |
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Appellate court upheld conviction for sodomy of a five‑year‑old, finding child testimony and medical evidence sufficient.
Criminal law – Unnatural offence (sodomy) involving a child of tender years – requirement of penetration and proof of dangerous harm via medical evidence
Evidence – competence and credibility of child witness; voir dire procedure
Evidence Act s.127(7) – uncorroborated evidence of a child may sustain conviction if court records reasons and is satisfied of truthfulness
Identification – reliability where victim knew accused and incident occurred in daylight. Failure to call other witnesses – not fatal absent suggestion of material evidence they would give
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26 November 2014 |
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Appellant lacked locus standi after substitution by a power-of-attorney representative; appeal struck out with costs.
Civil procedure – Preliminary objection – locus standi – right to be heard; substitution of parties by power of attorney removes original party’s standing to appeal
Civil procedure – Appearance by agent – effect of power of attorney and need (and effect) of changing case title
Appeals – Competence of appeal where original defendant has been discharged and replaced
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26 November 2014 |
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Court ordered winding up as just and equitable due to prolonged dormancy, regulatory non‑compliance and failed governance.
Companies law – compulsory winding up – just and equitable ground – prolonged dormancy, failure to hold statutory meetings, non‑filing of returns and lack of management – unopposed petition after advertisement.
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25 November 2014 |
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Exemplary, punitive and aggravated damages are discretionary and do not confer High Court pecuniary jurisdiction.
Civil procedure – Pecuniary jurisdiction – Determination by substantive quantified claims; general, exemplary, punitive, aggravated and exaggerated damages are discretionary and not quantifiable and therefore do not confer High Court jurisdiction; suit liable to be filed in Magistrates' Court where within statutory limits.
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25 November 2014 |
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Reported
District Court's mischaracterisation of an extension application and failure to hear parties warranted quashing and remittal.
Family law – matrimonial proceedings – application for extension of time to file appeal; Civil procedure – misconstruction of application as appeal; Natural justice – right to be heard (Article 13(6)(a)) and audi alteram partem; Procedural irregularities vitiating judgment; Remittal for rehearing before competent magistrate.
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24 November 2014 |
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Unproven absence of a defence witness justified striking the witness statement and ordering judgment on plaintiff's evidence.
Civil procedure – Failure to produce witness – Exceptional circumstances required to avoid striking out witness statement; proof required
Adjournment – Unproven assertions by counsel (miscommunication, witness on leave) insufficient
Consequence – Striking out witness statement and entering judgment on plaintiff's evidence
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24 November 2014 |
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Conviction for unlawful possession of radioactive material quashed due to inadequate, contradictory and hearsay-dependent forensic evidence.
Criminal law – Unlawful possession of radioactive material – Elements: identity, possession, unlawfulness; Evidence – Contradictory laboratory reports and weak expert testimony; Hearsay – Unproduced international report; Misjoinder of counts – prejudicial to proper proof; Standard of proof – beyond reasonable doubt.
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24 November 2014 |
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Conviction for unlawful possession of radioactive material quashed for failure to prove materials were radioactive beyond reasonable doubt.
Criminal law – Unlawful possession of radioactive material – Elements of offence (material identity, possession, unlawfulness) must be proved cumulatively; Expert and laboratory evidence – admissibility and weight where qualifications, instruments or corroborating reports are deficient or hearsay; Misjoinder of counts – risk of evidential confusion and prejudice to fair trial; Standard of proof – beyond reasonable doubt required in criminal cases.
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24 November 2014 |
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High Court quashed conviction and sentence where evidence was insufficient and sentence was influenced by unproven allegations.
Criminal law - offence of using obscene, insulting or abusive language (s.89(1)(a)
Penal Code) - proof beyond reasonable doubt. Appellate review - misdirection by appellate court; duty to weigh witnesses' credibility and give proper weight to witnesses present at the scene
Evidence - contradictions in prosecution case (dates) and insufficiency to sustain conviction
Sentencing - consideration of unproven allegations (habitual offender) is improper; manifestly excessive sentences may be interfered with on appeal
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24 November 2014 |
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An appellate court erred by disregarding the applicant’s witnesses and imposing an excessive sentence on unproven allegations.
Criminal law – Obscene/insulting language – s.89(1)(a) Penal Code – requirement to prove offence beyond reasonable doubt. Appellate review – Misappreciation of evidence and failure to weigh eyewitness testimony
Credibility – contradictions in prosecution dates and witness accounts undermine case
Sentencing – reliance on unproved habitual-offender allegation improper; sentence manifestly excessive, appellate interference justified
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24 November 2014 |
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Applicants' prerogative application dismissed for failure to exhaust the university's internal disciplinary appeal; Attorney General wrongly joined.
Administrative law – prerogative writs – requirement to exhaust internal/extra-judicial remedies before seeking judicial review; University a body corporate – Attorney General wrongly joined; jurisdictional bar where internal remedies not exhausted.
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24 November 2014 |
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Withdrawal granted but leave to re-file refused for failure to show sufficient grounds; applicants ordered to pay taxed costs.
Civil procedure — withdrawal of application with leave to re-file — Order XXIII r.2 CPC (mutatis mutandis) — requirement to show formal defects or sufficient grounds before leave granted; not limited to time-barred matters — costs follow event (s.30 CPC) — costs to be taxed.
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21 November 2014 |
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Statutory rape conviction upheld despite PF3 expunged; victim's testimony sufficiently proved penetration.
Criminal law — Rape: penetration is an essential ingredient; words like "carnal knowledge" or "had sex" may suffice to prove penetration
Evidence — Medical report (PF3): section 240(3) CPA mandates informing accused of right to summon/examine maker; non-compliance requires expunging the report
Evidence — Child witness: evidence taken without voire dire is unreliable and may be excluded
Sentencing — Statutory minimum sentence upheld where conviction is sustained on remaining evidence
Procedure — Alleged non-compliance with section 312(1) noted but did not overturn conviction on merits
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20 November 2014 |
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Lump‑sum pension paid under statutory option precluded entitlement to monthly arrears before 2004 re‑registration.
Pension law – Public Service Retirement Benefits Act s.82 – lump‑sum option where monthly pension below threshold; Amendment (Act No.15/2004) – re‑registration and payroll inclusion after ten years; Entitlement to arrears – no liability for pre‑amendment period when lump‑sum paid; Procedural matter – request for photographs for re‑registration does not create retrospective payment obligation.
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20 November 2014 |
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Wrong citation of procedural law and impermissible affidavit prayers rendered the injunction application incompetent and struck out.
Interlocutory relief — temporary injunction application — wrong citation of law (Order XXXVII rule (a) v. rule 1) renders application incompetent; affidavits must contain only facts within deponent's knowledge (Order XIX r.3) — offending paragraphs may be expunged; court may take judicial notice of related proceedings — application struck out with costs.
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20 November 2014 |
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Temporary injunction application struck out for wrong statutory citation and improper prayers in the affidavit.
Civil procedure – temporary injunctions – competence – correct citation of provisions (Order XXXVII rule 1) required; wrong citation (rule (a) non-existent) is fatal. Affidavit practice – affidavits must contain facts within deponent's knowledge; prayers/conclusions prohibited (Order XIX r.3; Ex parte Matovu). Procedural irregularity – non- or wrong-citation of law renders application incompetent – court may expunge offending affidavit paragraphs but cannot cure fundamental citation defect
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20 November 2014 |
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Prosecution without mandatory DPP sanction and other admission errors vitiated conviction, warranting quashing and release.
Criminal law — jurisdiction — mandatory DPP sanction for prosecution of incest (s162 Penal Code) — failure vitiates proceedings; Evidence — cautioned statement must be tendered only after asking accused if he objects; PF3/medical report — compliance with s240(3) Criminal Procedure Act mandatory; Child witnesses — voir dire and recorded findings required under s127(2) Evidence Act; Retrial — discretionary, may be refused where interest of justice disfavors it.
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20 November 2014 |
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Defective particulars and unlawful omnibus sentence: first count unproved, second proved, appellant ordered released.
Criminal law – Witchcraft Act ss.4(a), 5(1) – particulars must plead requisite intent; failure renders charge defective. Criminal evidence – discrepancies between victim and other witnesses on essential facts may raise reasonable doubt and defeat conviction
Witnesses – testimony of relatives is admissible and may sustain conviction if credible
Sentencing – omnibus sentences are unlawful; subordinate courts limited by s.170(1)(a) CPA to custody not exceeding five years
Remedy – where conviction or sentence is tainted but appellant has served substantial custody, court may order release instead of retrial
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20 November 2014 |
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20 November 2014 |
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Conviction based on unreliable visual identification and a pointless identification parade quashed; appellant ordered released.
Criminal law – identification evidence – visual identification is weak and requires exclusion of all possibilities of mistaken identity by reference to surrounding circumstances (Waziri Amani and subsequent authorities). Identification parade – of no evidential value where witnesses already know the person to be identified
Familiarity – familiarity alone does not dispel risk of mistaken identification
Admissibility – cautioned statement admitted without proper procedure; not relied upon for conviction
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20 November 2014 |
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20 November 2014 |
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Failure to record conviction before sentencing and weak, improperly admitted evidence rendered the trial judgment a nullity.
Criminal procedure – necessity to record conviction before sentence (s.235(1) CPA) – noncompliance renders judgment nullity; Evidence – bad character and hearsay insufficient to convict; Medical report (PF3) – requirement to inform accused of right to summon medical officer (s.240(3) CPA); Failure to call material eyewitnesses – adverse inference; Proper sequence at sentencing – conviction, prosecution’s previous record, mitigation, sentence.
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20 November 2014 |
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Failure to record conviction and unlawful admission of evidence vitiated the applicant’s trial, leading to expungement and release.
Criminal procedure — Evidence — Child witness voire dire under s.127(2) Evidence Act — competency and duty to speak truth; Criminal Procedure Act s.240(3) — right to call medical officer when PF3 tendered — mandatory compliance; cautioned/confessional statement — duty to conduct inquiry (trial‑within‑a‑trial) before admission; Criminal Procedure Act s.235(1) — requirement to record conviction before sentence — failure vitiates judgment; retrial vs release where procedural defects are incurable.
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20 November 2014 |
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An interlocutory application to 'arrest' delivery of civil judgment after trial is misconceived and an abuse of process; appeal is the proper remedy.
Civil procedure – arrest/stay of judgment – concept alien to civil jurisprudence – cannot be used to forestall delivery of judgment after trial
Section 95 CPC – residual powers limited; cannot conflict with express duty to pronounce judgment
Evidence – documents not pleaded/annexed and excluded at trial cannot justify arresting judgment. Abuse of process – interlocutory application filed after adjournment for judgment is improper; proper remedy is appeal after judgment
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20 November 2014 |
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Delay in receiving a judgment copy does not suffice to justify an extension of time to appeal.
Civil procedure – Extension of time – Whether delayed supply of judgment copy is sufficient ground for extension under s.25(1)(b) Magistrates' Court Act; duty of district courts/tribunals to prepare and dispatch records; time limits and abuse of process.
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19 November 2014 |
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18 November 2014 |
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Only extrinsic fraud can annul a prior judgment; the applicant’s suit proceeds, paragraph 8 struck out.
Civil procedure – preliminary objections: jurisdictional points may be raised anytime; Order VIII r.2 considered; Res judicata/functus officio – do not bar challenge where extrinsic fraud alleged; Fraud – distinction between extrinsic (collateral) and intrinsic fraud; only extrinsic fraud can sustain a suit to annul a prior judgment; Service and due process – alleged lack of service may amount to extrinsic fraud but is a question of fact requiring evidence; Striking out – allegations relating to in‑court conduct and conspiracies are intrinsic and struck out; Substitution of parties – Order I r.10 CPC allows correction to ensure proper parties before the court.
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18 November 2014 |
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Conviction unsafe where dock identification and ownership of recovered exhibits were unproven; conviction quashed and sentence set aside.
Criminal law – visual/dock identification – requirement to exclude mistaken identity; circumstantial evidence and proof beyond reasonable doubt; proof of ownership/possession of exhibits; revisional jurisdiction under s.44(1)(b) of Magistrates' Courts Act.
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18 November 2014 |
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Conviction based on inadequate visual identification and unproven recovered exhibits was quashed as unsafe.
Criminal law – visual identification – requirement to exclude mistaken identity by descriptive particulars or previous acquaintance; dock identification unsafe without corroboration
Evidence – proof of recovery and ownership – recovered exhibits must be tied to accused or shown to belong to complainant. Criminal procedure – conviction cannot rest on mere suspicion; appellate revisional powers where records missing
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18 November 2014 |
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Application to quash terrorism charges dismissed; charge description error not fatal, particulars sufficient for committal and trial.
Criminal procedure – Revision under s.372 CPA – Committal proceedings – Sufficiency of charge particulars – Interpretation of charge in light of Prevention of Terrorism Act and GN No. 283/2012 (designation of terrorist groups).
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7 November 2014 |
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An appeal lacking the mandatory decree under Order XXXIX Rule 1(1) CPC is incompetent and must be struck out.
Civil procedure – Appeal – Requirement that Memorandum of Appeal be accompanied by a copy of the decree (Order XXXIX Rule 1(1) CPC) – Failure renders appeal incompetent – Proper remedy is striking out, not dismissal – Costs where defect raised suo motu.
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7 November 2014 |
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Recusal was unjustified and tribunal misdirected by finding breach of lease absent an executed lease.
Land law – recusal of adjudicator – when recusal justified (bad blood, close relationship, or personal interest) – preliminary objections must be disposed of before hearing – evidentiary requirement for lease enforcement – acknowledgement of payment vs executed lease.
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7 November 2014 |
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Appeal struck out as incompetent because lower appellate court's decree was not drawn or included in record.
Civil procedure – Appeal competence – Necessity of lower court's decree being drawn and included in record; Appeals from District/Resident Magistrate to High Court – requirement to attach decree to petition; Appeals originating from Primary Courts – G.N.312/1964; Remedy – striking out and remittance for decree drawing.
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7 November 2014 |
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A non-resident respondent without immovable property must deposit security for costs based on likely costs, not suit value.
Security for costs; Order XXV r.1 Civil Procedure Code; non-resident litigant without immovable property; stage of proceedings irrelevant; quantum based on costs incurred or likely to be incurred, not suit value.
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7 November 2014 |
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7 November 2014 |
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Termination of a joint venture upheld where the applicant failed to prove funding and timely commence construction.
Contract law – Joint Venture Agreement – obligation to provide financing and to commence works within contractual period – failure to prove funding vitiates performance
Evidence – requirement to produce documentary proof (funding evidence, building permit) to establish performance
Termination – validity of termination where counterparty fails to perform essential contractual obligations
Remedies – suit for declaration of subsistence of agreement dismissed where applicant in fundamental breach
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7 November 2014 |
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An English commercial judgment was registered in Tanzania under the Reciprocal Enforcement of Foreign Judgments Act.
Reciprocal enforcement of foreign judgments – Registration of English commercial judgment under Reciprocal Enforcement of Foreign Judgments Act – Certified copy and affidavit evidencing non‑satisfaction – Reciprocity and similar jurisdiction requirement satisfied – Registration ordered.
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7 November 2014 |