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77 judgments found.
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February 2014
Investigation held the applicant had interest only in the mortgaged land and ginnery and oil machinery; other assets liable to attachment.
Civil procedure — Cpc)
— burden on objector to prove interest
— conflicting registrar certificates
— investigation of attachment
— proof of registered charge
— scope of assets liable to attachment
Civil procedure — Order XXI (rules 57, 58, 61) and s.95
28 February 2014
A landlord breached a duty to protect a long-term paying tenant from wrongful eviction, entitling the tenant to specific and general damages.
Land law — damages — award of specific and general damages for property loss, business loss and humiliation
Land law — Landlord and tenant
— duty of landlord to protect a long-term paying tenant from third-party harassment and wrongful eviction
— negligence for failure to monitor and prevent wrongful eviction
28 February 2014
Landlord breached duty to protect long‑term tenant from third‑party eviction, entitling tenant to special and general damages.
Land law — damages for unlawful eviction — special and general damages including business loss and humiliation
Land law — Landlord duty to tenant
— duty to protect tenant from third‑party harassment
— negligence of landlord’s officers for failure to follow up eviction proceedings
28 February 2014
Whether failure to produce original loan agreement and bank pay-in slip defeats the applicant's claim of a loan.
Evidence — Contract evidence
Evidence — credibility and demeanour findings
— appellate deference to trial court
— ex parte hearing where respondent refused service
Evidence — documentary proof — original bank pay-in slip
28 February 2014
The applicant's review applications filed beyond Rule 66(3)'s 60‑day limit were held incompetent and struck out.
Criminal procedure — Review applications
— remedy is application for extension of time
— Time limits
28 February 2014
Court dismissed jurat objection but struck out defective notice and chamber summons for non-compliance, granting seven days to refile.
Civil procedure — Affidavit jurat — identification of deponent
Civil procedure — Labour court rules — revision procedure
Civil procedure — procedural non-compliance
— leave to refile within time
— striking out defective notice and chamber summons
28 February 2014
Whether respondent’s written acknowledgment and security obliged repayment of Tshs 66,000,000 — court held yes.
Contract law — sale of goods on credit — written acknowledgment of debt
28 February 2014
Ex parte judgment for plaintiff on a written acknowledgement of Tshs 66,000,000 debt; defendant held liable.
Civil procedure — Ex parte judgment
— defendant absent despite service efforts and publication
— suit proceeded ex parte
Civil procedure — Remedies
— entitlement to claimed reliefs including contractual interest provision
— judgment for creditor with costs
Contract law — Contract/debt
— debtor liability established
— written acknowledgement of debt and repayment schedule admitted as exhibit
Contract law — Security
— default clause making whole debt due with interest
— vehicle registration cards pledged as security
28 February 2014
An appellate court will not entertain new grounds not raised below without leave; appeal dismissed with costs.
Civil procedure — Appeal
— appellate courts will not entertain issues not raised below which take the opposite party by surprise
— appellate discretion to allow new points only when full justice can be done
— Memorandum of appeal
— new grounds not in memorandum require leave
28 February 2014
Leave granted to seek judicial review for certiorari and mandamus over alleged biased, unreasoned ministerial decision.
Administrative law — leave to institute judicial review — test: existence of an arguable case (Njuguna v Minister for Agriculture)
Civil procedure — Procedure — ex parte application where respondents absent
Judicial review — Judicial review remedies — certiorari and mandamus — sought for alleged failure to consider evidence, failure to give reasons, and apparent bias
27 February 2014
Court affirmed presumption of marriage from long cohabitation and upheld sale with equal division of matrimonial house proceeds.
Family law
— Hawa Mohamed applied — sale and equal division appropriate
— Matrimonial law — Presumption of marriage — sufficiency of prolonged cohabitation and children as evidence of marriage
— Matrimonial property — Distribution — domestic and non‑monetary contributions count
27 February 2014
Subordinate court lacked jurisdiction without DPP consent/certificate; conviction for possession of government trophy quashed.
Wildlife offences; jurisdictional requirement of DPP consent and certificate of transfer under Economic and Organised Crime Control Act; defective charge sheet; necessity of certificate of valuation for value element; nullity of proceedings; retrial considerations when exhibits disposed.
26 February 2014
Court granted review after finding dismissal overlooked applicant's pending extension application.
Civil procedure
— Order XLII r.3) — Preliminary objections raised in submissions
— Review for error on face of record — Overlooking a pending application for extension of time — Competence and form of review applications
26 February 2014
Appeal against a non‑appealable district court order under Cap.33 is incompetent and must be struck out; each party bears own costs.
Civil procedure
— Appealability — Orders arising from execution proceedings are not appealable to the High Court under s.74 and Order XL CPC
— Applicability of Civil Procedure Code — s.2 general application unless expressly excluded
— Incompetent appeal is struck out, not dismissed — Proper remedy for procedural incompetence of appeal
26 February 2014
Erroneous substitution of charge and lack of reasons rendered the conviction and 15-year sentence unsafe; appeal allowed.
Criminal law
— Charge substitution — Incorrect substitution of rape/defilement charges to section 141 (inducing under-15 to premises) where facts differ
— sexual offences — burden of proof
26 February 2014
The applicant failed to prove an employment relationship due to unauthenticated documents and inadequate evidence.
Labour law — existence of employment relationship — proof and statutory presumption — authenticity of documentary evidence
26 February 2014
Applicants failed to prove employment relationship due to unauthenticated identity documents and inadequate training register.
Employment law — existence of employer
— evidential burden and authentication of identity documents and training registers
— statutory presumption of employment
Employment law — existence of employer-employee relationship
26 February 2014
Labour court lacked jurisdiction over a 2004 redundancy dispute not pending at the Industrial Court; complaint dismissed.
Labour law — Jurisdiction of Labour Court — Transition of disputes from Industrial Court to CMA/Labour Division — Requirement that only disputes pending at ICT on commencement vest in new fora
Limitation law — Section 21(1) exclusion of time — conditions and proof required
26 February 2014
Leave to appeal struck out as time‑barred for failure to comply with Court of Appeal Rules and produce proof of earlier filings.
Civil procedure
— leave to appeal to Court of Appeal — application out of time — Court of Appeal Rules r.45(a)
— Requirement for notice of appeal/record request — procedural but absence not necessarily fatal where sufficient cause exists — Court of Appeal Rules r.49(1)
25 February 2014
Pending criminal proceedings and awaiting employer response can constitute good cause to delay referral of unfair termination to the CMA.
Labour law
— condonation for late referral — sufficiency of reasons for delay
— Extension of time — good cause and diligence
25 February 2014
Bank proved disbursement and use of loan; defendant liable for TZS47,319,799.82; counterclaim dismissed.
Commercial law — Bank loan and overdraft — Disbursement and evidence of utilization
Commercial law — Execution — sale of mortgaged property premature at judgment stage
Commercial law — Fixed deposit as security
— Burden of proof on counterclaimant to produce original pay-in slip and witnesses
— creation, liquidation and proof
Commercial law — Interest — contractual interest pre-judgment and court rate for post-judgment interest
Commercial law — Security for loans
— bank’s discretion to accept securities
— Defective security does not extinguish borrower’s liability
25 February 2014
Wrong statutory basis: extension application struck out because rule 3 GN.312/1964 governs appeals from primary courts.
Civil procedure
— Appeals from Primary Courts — Extension of time to appeal — Rule 3 GN.312/1964
— wrong citation of enabling provision — Wrong citation renders application incompetent and liable to be struck out
Limitation law — Application of Law of Limitation Act to other written laws — Consequences of non‑compliance with statutory appeal period — Magistrates Court Act s.25(1)
25 February 2014
Conviction quashed where single eyewitness failed to show favourable conditions for reliable identification; appeal allowed.
Criminal law — identification evidence — single eyewitness — factors required (type/source/intensity of light, distance, duration, prior acquaintance)
Criminal procedure — Alleged confession — recording requirements
Evidence — Reliance on uncorroborated testimony — danger of basing conviction on single eyewitness without clear favourable identification conditions
25 February 2014
Valuation adequately pleaded; locus standi objection raises factual issues and is not suitable for summary dismissal.
Civil procedure — Preliminary objections — Only pure questions of law relating to jurisdiction or statutory bars appropriate for preliminary determination
25 February 2014
Armed robbery convictions quashed for defective charge, failure to consider alibi, and unsafe visual identification.
Criminal law — Armed robbery — particulars failing to name the person threatened render charge incurably defective — Penal Code s 287A
Criminal procedure — Defence of alibi — defence of alibi (s.194(4) CPA) — Prosecution to disprove alibi
Evidence — Visual identification — criteria for safe identification (Waziri Amani) — Watertight identification: lighting, time, distance, prior acquaintance
24 February 2014
A bona fide claim to land does not justify intentionally destroying another person's developments; appeal dismissed.
Criminal law — Defence of bona fide claim of right (s.9 Penal Code)
— claim of allocation does not justify intentional destruction of another's developments
— evidence of intention and excess of claimed right defeats the defence
— land ownership disputes to be resolved in civil proceedings
Criminal law — Malicious injury to property
24 February 2014
A bona fide allocation does not justify destroying another's developments and irrigation equipment.
Criminal law — Malicious injury to property — Defence of bona fide claim of right — Penal Code s 9
Land law — Land allocation — Effect of municipal allocation on rights over developed land and protection of pre-existing improvements
24 February 2014
Court granted condonation for late CMA filing to enable resolution of substantive employment disputes.
Labour law — condonation/extension of time — sufficient cause — computation of delay from struck-out filing — access to justice — disputes over suspension, pay, termination, and existence of employment contract
21 February 2014
A law firm was disqualified for conflict of interest after previously representing a related company in substantially connected proceedings.
Company law — limited liability and separate personality do not automatically negate conflicts arising from prior instructions/payments by a director/shareholder. Right to choose counsel — qualified where conflict of interest and client confidentiality risks exist
Legal profession — Professional ethics — conflict of interest — disqualification of counsel for prior representation of a related client in substantially connected matters
20 February 2014
Conviction quashed where account discrepancies alone did not prove the cashiers guilt beyond reasonable doubt.
Criminal law — Forgery and stealing by servant — Evidential sufficiency — Evidence Act s36
Criminal procedure — Cautioned/confession statements — Failure to tender caution statements — impact on prosecution
Evidence — Expert evidence — Expert’s bare assertion insufficient — Handwriting expert opinion supportive not conclusive
19 February 2014
Convictions quashed where penetration was unproved and cautioned statement was likely coerced.
Criminal law — Rape — proof of penetration
Criminal procedure — admissibility of cautioned statements — trial‑within‑a‑trial, voluntariness and requirement to give reasons before admission
19 February 2014
A Labour Court lacks jurisdiction to review a Registrar's execution decision; review must be to the issuing Registrar.
Civil procedure — Execution — Challenge to Deputy Registrar’s execution orders — Whether High Court has jurisdiction to review Registrar decisions made in execution under Rules 48(3) and 49 (ELRA s94(1)(b); LIA s52)
19 February 2014
Employee’s admission made dismissal substantively fair but procedural defects warranted compensation, severance and transport payments instead of reinstatement.
Civil procedure — Remedies — where dismissal is substantively justified but procedurally defective, compensation in lieu of reinstatement, severance and transport payable. Revision powers of the Labour Court under section 91(4) ELRA to quash and substitute CMA awards
Employment law
— Procedural fairness — adequate notice to prepare, proper disciplinary procedure and improper use of repealed law
— substantive fairness — employee's admission of misconduct as sufficient proof of valid reason for dismissal
19 February 2014
Conviction quashed where plea was equivocal because the charge and its ingredients were not re-explained and understood.
Criminal law
— Equivocal plea of guilty — Equivocal plea versus unequivocal admission of facts — Necessity to explain offence ingredients and ensure accused's understanding
— Sentencing principles — mitigation: guilty plea, remorse, first offender — Consideration of fine where appropriate
Evidence — tendering and admission of exhibits — Tendering, opportunity to object and reading aloud — Failure to object does not constitute confession or substitute for a proper guilty plea
19 February 2014
Prerogative orders refused where applicants have an effective statutory labour remedy; application dismissed.
Administrative law
— not to be used for futile outcomes Employment law — existence of alternative statutory remedies (ELRA) can preclude prerogative relief Judicial review — unfair suspension, constructive termination and recovery of withheld allowances are matters for labour tribunal/ELRA procedures
— prerogative orders (certiorari and prohibition) — scope limited to legality not merits
19 February 2014
Extension granted where tribunal’s delay in supplying certified judgment, decree and proceedings excused applicant’s late appeal.
Civil procedure — extension of time
18 February 2014
Omission of co-appellants' signatures on a land appeal petition is a curable procedural defect; court ordered amendment within 21 days.
Civil procedure
— Petition of appeal — definition and filing requirements under Civil Procedure — Applicability to land appeals under s.38 Land Disputes Courts Act and R.24 GN No.174/2003
— Procedural defects — omission of respondent names, failure to attach CMA F10, and typographical errors are curable where no prejudice is shown — Courts should not allow technicalities to defeat substantive justice
18 February 2014
18 February 2014
An arbitrator must consider parties' arguments and give reasons before granting condonation; otherwise the award is set aside.
Civil procedure — validity of judgment — requirement that a judgment state points for determination, decision and reasons and be pronounced, signed and dated
Labour law — condonation/extension of time — discretion and sufficiency of reasons
17 February 2014
Revision dismissed; dismissal for gross insubordination found substantively and procedurally fair; no claim for unexpired fixed‑term pay.
Labour law
— Employment contracts — Fixed‑term versus indefinite — Whether a revision court may decide contract type when CMA did not
— procedural fairness — notice and right to be heard — Particulars in suspension letter and reasonable time to prepare suffice
— substantive fairness — gross insubordination and proportionality of dismissal — Employee’s failure to deny allegations supports lawful dismissal
17 February 2014
Section 225 discharge does not bar reprosecution; accused-caused delays do not justify discharge.
Criminal procedure — Delay and adjournments
— Factual allegations (existence of complainant) to be determined at trial
— where accused’s own applications and conduct contribute to delay, discharge for alleged persecution is not warranted
Criminal procedure — Discharge
17 February 2014
Revision dismissed: re‑charge after section 225 discharge lawful; delays largely caused by applicant, not malicious prosecution.
Criminal procedure — delays and adjournments
— alleged non‑existence of complainant is a factual issue for trial
— attribution of delay between prosecution and accused
Criminal procedure — Revision
17 February 2014
Court granted temporary injunction to prevent entry onto disputed land pending suit due to threats to peace and erosion.
Civil procedure
— Pleadings — Wrong or non-citation of relevant law renders the court improperly moved and application liable to be struck out — Requirement to cite specific legal provisions
— Temporary injunction — requisites: prima facie/serious question to be tried, irreparable harm, balance of convenience — Order XXXVII r 1(1), s 95 CPC
17 February 2014
Failure to attach the CMA award and comply with Labour Court Rules rendered the revision application incompetent and struck out.
Labour law — Revision of CMA award — Procedural compliance
14 February 2014
Revision application struck out for failing to attach the challenged CMA award and comply with Labour Court Rules.
Labour law — Labour court procedure — Revision of CMA award — Competence of application — Attaching earlier court order does not substitute for the challenged arbitration award
14 February 2014
Ward Tribunal improperly constituted by counting the secretary as member; proceedings and appellate decision void, retrial ordered.
Land disputes — Ward Tribunal composition
13 February 2014
The applicant’s illness justified extension; criminal proceedings on land title were set aside and parties directed to pursue civil claim.
Civil procedure — extension of time — good and sufficient cause — illness (appendicitis) assessed on balance of probabilities
Civil procedure — jurisdiction — land title disputes improper as criminal charges
Civil procedure — Procedural defects
— Substantive justice
— wrong citation by layperson
Civil procedure — Section 43 Land Disputes Courts Act — nullification of proceedings and remittal to civil/land forum
12 February 2014
Delay in delivering arbitral award without reasons is irregular, but absent prejudice the revision application was dismissed.
Appellate practice — Revision
Labour law
— Certificate of Non-Settlement (CMA F.5) — evidential significance
— Employment and labour relations act s.88(9) — mandatory 30-day rule for awards — delay without reasons as material irregularity
— Mediation and arbitration — validity of mediator proceeding as arbitrator with parties’ consent
12 February 2014
12 February 2014
Audit evidence admissible but convictions quashed due to reasonable doubt arising from multiple persons having store access.
Criminal law — alterations to documents
— effect on reliability
— proof of exclusive access and opportunity
— reasonable doubt and safety of conviction
Criminal law — conviction for stealing by servant — admissibility and weight of internal audit reports prepared by non-professional auditors
12 February 2014