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Citation
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Judgment date
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| March 2014 |
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No binding contract existed between plaintiff and defendants; plaintiff was supplier’s agent and claim dismissed with costs.
Contract formation — letters of intent and MOU — invitation to treat vs binding offer; essential terms and materiality; agency and privity of contract — consultant/agent for supplier not government; burden to prove breach and causation for damages.
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31 March 2014 |
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Primary Court’s acts after its final 21/09/2007 judgment were functus officio and void; subsequent proceedings were nullities, appeal dismissed with costs.
Probate law – administration of estate – appointment of administrator – objections to appointment and allegations of misappropriation. Civil procedure – finality of judgment – functus officio – a court that has finally disposed of a case cannot make further orders; subsequent proceedings are nullities. Primary Court practice – continuation of proceedings after final judgment void; procedural irregularities not curing a void continuation
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28 March 2014 |
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Failure to cite the specific enabling subrule rendered the revision application incompetent and it was struck out.
Labour law – Revision – Requirement to cite specific enabling provision – Non‑citation or wrong citation of Rule 28(1) (Labour Court Rules) renders application incompetent – Procedural rules mandatory where they go to root of matter.
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28 March 2014 |
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Court quashed CMA award: dismissals unfair where employer settled the complaint same day and threats were unproven; reinstatement or s.40(3) compensation ordered.
Employment law – unfair dismissal – unlawful/illegal strike – substratum removed where employer concedes demand on same day; insufficiency of proof of alleged threats with weapons; sanction must be reasonable and fairly applied; CMA award quashed and reinstatement or statutory compensation ordered (s.40(3)).
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28 March 2014 |
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28 March 2014 |
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Child victim’s competent testimony proving penetration upheld conviction despite expunged medical report.
Evidence — Child witness — voir dire under s.127(2) Evidence Act — competence and understanding of oath. Sexual offences — statutory rape — victim under 18; consent irrelevant; proof of penetration required. Criminal procedure — non‑compliance with s.240 Criminal Procedure Act — expungement of PF3/medical report
Evidence — corroboration by parent and school head; admission/caution statement and failure to object
Appeal — sufficiency of prosecution evidence to prove rape beyond reasonable doubt
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28 March 2014 |
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Conviction for statutory rape upheld: child‑victim competent, penetration proved, corroboration sufficient despite expunged medical evidence.
Evidence — Child witness — Voir dire under s.127(2) Evidence Act — competency and understanding of oath. Criminal law — Rape — statutory rape where victim is under 18 — consent irrelevant; penetration must be proved
Evidence — Corroboration by family and school officials — admission and weight of caution statement where no objection
Procedure — Non‑compliance with s.240 CPA and expunging of medical evidence does not necessarily defeat conviction if other evidence is strong
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28 March 2014 |
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28 March 2014 |
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Absence of identification parade and lack of handwriting expert opinion undermined prosecution's case, warranting quashing of conviction.
Criminal evidence — identification parade versus dock identification; handwriting/expert opinion on signatures — admissibility and necessity; secondary documents — certification and proof; reasonable doubt.
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28 March 2014 |
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Failure to conduct identification parade and obtain handwriting expert opinion undermined the prosecution, leading to quashed conviction.
Criminal law – Identification – necessity of identification parade where witnesses had not known accused prior to incident – dock identification insufficient without parade. Criminal law – Evidence – expert handwriting/signature opinion admissibility and relevance where signatures are central to charges involving false pretence. Criminal procedure – Secondary/certified documents – role of certifying officer and potential prejudice where not called to testify. Standard of proof – cumulative evidential defects may vitiate prosecution’s case and require acquittal
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28 March 2014 |
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A quashed ward-tribunal decision cannot found res judicata; the matter must be retried de novo and each party bears own costs.
Land disputes – res judicata – effect of quashed lower tribunal decision – appellate order for trial de novo – requirement to comply with retrial order; tribunal composition and jurisdiction under Land Disputes Act.
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28 March 2014 |
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28 March 2014 |
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CMA may hear complaints from disciplinary warnings, but a Registrar cannot extend filing time for an incompetent, time‑barred revision.
Labour law – jurisdiction of CMA to entertain complaints arising from disciplinary sanctions (warnings, reprimands) under s.88(1)(b)(ii) and Code of Good Practice. Civil procedure – competence of application; an incompetent application supported by defective affidavit must be struck out. Court administration – limits of Registrar’s powers under Labour Court Rules (Rule 7(5)) and that extension of time under Rule 56(1) is a judicial power
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27 March 2014 |
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CMA may hear disputes from disciplinary warnings, but a registrar cannot grant time extensions—order was null and revision struck out.
Labour law – jurisdiction of CMA to entertain disputes from disciplinary sanctions (warnings/reprimands) – definition of complaint under s.88(1)(b)(ii); Procedural law – limits of Registrar’s powers under Labour Court Rules (Rule 7) – extension of time and withdrawal are judicial functions (Rule 56(1)) – nullity of Registrar’s order; Time‑bar – consequence of invalid extension; Incompetent application must be struck out.
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27 March 2014 |
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Registrar lacked jurisdiction to extend time; time‑barred revision struck out with leave to re‑file within 60 days.
Labour law — revision of CMA award — statutory time limit for filing revision — incompetent application (defective affidavit) cannot be withdrawn but should be struck out — Registrar’s powers under Labour Court Rules limited; extension of time vests in the court (judge) — purported Registrar’s extension null and void.
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27 March 2014 |
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Plaintiff's failure to use the prescribed font and size was a mandatory breach warranting rejection of the plaint.
Commercial procedure — High Court (Commercial Division) Procedure Rules 2012 — Rule 19(1) (mandatory font and size for pleadings) — non‑compliance attracts rejection under Rule 19(2). Transitional leniency (Rule 2(1)) expired; ignorance of rules by experienced counsel is no excuse. Rule 74(1) relates to affidavits only; Registrar has no power to admit/reject pleadings — that is for the court. Amendment to cure non‑compliance is impermissible once a preliminary objection on mandatory grounds is raised
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27 March 2014 |
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Application struck out for failure to join the Attorney General as required by Section 10 of the Government Proceedings Act.
Government Proceedings Act s.10 – mandatory joinder of Attorney General in civil proceedings by or against Government; Applications for extension of time/admission of appeals treated as civil proceedings; Practice in land-title appeals does not override statutory requirement.
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27 March 2014 |
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An application challenging a government officer’s decision must include the Attorney General; omission renders it incompetent.
Government Proceedings Act s.10 – requirement to institute civil proceedings by or against the Attorney General – scope includes suits, applications, appeals and revisions; non-joinder of Attorney General in proceedings against Registrar of Titles renders application incompetent.
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27 March 2014 |
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Failure to join the Attorney General in proceedings against the Registrar of Titles led to the application being struck out.
Government Proceedings Act s.10 – Joinder of the Attorney General – 'Civil proceedings' includes suits, applications and appeals against government officers – Proceedings challenging Registrar of Titles decision must be instituted against the Attorney General – Failure to join Attorney General renders application incompetent.
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27 March 2014 |
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The applicant’s failure to join the Attorney General in proceedings against a government officer rendered the application incompetent and it was struck out.
Government Proceedings Act s.10 – mandatory joinder of the Attorney General in civil proceedings by or against the Government – includes applications and appeals against decisions of government officers (Registrar of Titles). Administrative law – challenges to decisions of the Registrar of Titles are proceedings against the Government requiring proper party joinder. Civil procedure – failure to join statutorily required party is fatal and warrants striking out the application
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27 March 2014 |
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Failure to conduct statutory voire dire for an eleven-year-old victim rendered her evidence inadmissible and conviction unsafe.
Evidence — Child witness — Section 127(2) Evidence Act — Voire dire requirements — court must record findings that child possesses sufficient intelligence and understands duty to tell the truth before receiving unsworn evidence; failure to do so renders evidence inadmissible and to be expunged. Criminal law — Safety of conviction — where victim’s evidence is expunged and remaining witnesses are hearsay or contradictory, conviction becomes unsafe and must be quashed
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26 March 2014 |
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Failure to conduct and record a s.127(2) voir dire for an 11‑year‑old rendered her evidence inadmissible and the conviction unsafe.
Evidence Act s.127(2) – child witness – voir dire requirement – necessity to record findings on sufficient intelligence and duty to tell the truth; Admissibility – unsworn evidence from child of tender years improperly received must be expunged; Hearsay and contradictions – remaining evidence insufficient to sustain conviction; Criminal appeal – unsafe conviction quashed and sentence set aside.
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26 March 2014 |
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Applicant’s failure to specify s.79 ground rendered the revision application incompetent and it was struck out with costs.
Civil procedure – Revision – High Court’s revisional jurisdiction under s.79 Cap.33 – Requirement to specify which s.79(1) ground is relied upon. Inherent powers – s.95 Cap.33 – available only where no specific statutory remedy exists. Non‑citation of enabling provision is a jurisdictional defect warranting striking out the application
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26 March 2014 |
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Application struck out for failure to specify the enabling subsection of s.79 Cap.33; s.95 not available to cure the defect.
Civil procedure – Revision under s.79 Civil Procedure Code (Cap.33) – Applicant must specify which subsection of s.79 relied upon; failure is fatal. Inherent powers s.95 – not available where specific statutory remedy exists. Jurisdictional defects – point may be raised at any stage and justify striking out
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26 March 2014 |
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Internal election and membership disputes in a voluntary society are private matters not subject to judicial review.
Administrative law – Judicial review – Availability of prerogative orders (certiorari and prohibition) against private voluntary associations. Public vs private function – Whether internal elections and membership decisions of a statutory voluntary society have public-law character. Natural justice – Alleged breach of procedural fairness in internal governance – remedy lies in private law where function is private. Stare decisis – Persuasive earlier decisions of the same court on similar issues relevant to departure
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26 March 2014 |
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Prerogative public law remedies unavailable for internal election and membership disputes of the Tanzania Red Cross Society.
Judicial review – Availability of prerogative orders (certiorari, prohibition) against internal decisions of statutory non‑governmental bodies; Public v private function – whether internal elections and membership decisions of a society constituted under statute have public law consequences; Stare decisis – persuasive value of prior High Court authority on the Tanzania Red Cross Society’s status; Remedy – appropriateness of private law proceedings for internal disputes.
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26 March 2014 |
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Public law remedies (certiorari, prohibition) are not available to the applicant for internal society election and membership disputes; redress lies in private law.
Administrative law – Judicial review – Availability of prerogative remedies (certiorari and prohibition) against private membership organisations Public vs private bodies – Whether a society constituted under statute exercises public functions Internal elections and membership disputes – Characterisation as private contractual matters not amenable to public law relief Natural justice – Alleged breaches in internal disciplinary/electoral processes and appropriate forum for redress
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26 March 2014 |
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Payment and adjustment of the decree by the applicant satisfied execution; decree holder must hand over title deeds for transfer.
Execution — Order 21 r.2, r.57–58, r.65–67 CPC — recording/certification of adjusted decree — payment in satisfaction of decree — validity of notices and proclamation of sale — duty to hand over title deeds after acknowledged payment.
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26 March 2014 |
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25 March 2014 |
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Court allowed extension to file matrimonial appeal despite premature filing, applying s80(2) and Limitation Act principles.
Matrimonial appeals – Time limit to appeal to High Court – section 80(1) and (2) Law of Marriage Act (45 days). Computation of limitation period – exclusion for time taken to obtain judgment – section 19(2) Law of Limitation Act. Extension of time – discretionary grant – considerations: length and cause of delay, prospects of success, prejudice to respondent. Premature application for extension – may be entertained in interests of justice where merits justify exercise of discretion
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25 March 2014 |
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Failure to conduct voir dire and to make medical‑report maker available rendered child‑rape conviction unsafe.
Criminal law – sexual offences – child witness competence and voir dire (s.127 Evidence Act); admissibility and proof of medical reports – right to summon maker and cross‑examination (s.240(3) Criminal Procedure Act); corroboration in rape cases; procedural irregularities rendering conviction unsafe.
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25 March 2014 |
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Doctrine of recent possession and failure to give reasonable explanation upheld conviction for cattle theft; appeal dismissed.
Criminal law – cattle theft – doctrine of recent possession – possession two days after theft justifies inference of guilt where explanation is unsatisfactory. Criminal procedure – section 231 Criminal Procedure Act – accused addressed and opted to give evidence on oath; right to call witnesses considered satisfied
Evidence – failure to call material witness – adverse inference permissible
Evidence – admissibility of exhibits – owner identification and possession suffice to tender exhibits
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24 March 2014 |
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Wrong citation of Court of Appeal Rules rendered the applicant's High Court application incompetent; constitutional provision did not cure it.
Civil procedure — jurisdiction — wrong or inapplicable citation of statutory provision — application incompetent; Court of Appeal Rules (Rule 10) confer power only on Court of Appeal; article 107A(2)(e) of the Constitution does not cure jurisdictional defects; "any other enabling provisions" phrase meaningless.
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24 March 2014 |
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Court granted adoption after finding petitioners suitable and that adoption served the infant's best interests.
Child law – Adoption – Application under Law of the Child Act 2009 and Adoption Regulations 2011 – best interests of the child
Evidence – Social Welfare investigation and guardian ad litem report and supporting affidavits establish suitability of adoptive parents
Procedure – adoption order to be registered with Registrar General under sections 69–70 of the Law of the Child Act
Costs – petitioners to bear costs
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21 March 2014 |
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Court dismisses unfair termination claim as employment was under six months, invoking Section 35 of Employment and Labour Relations Act.
Employment Law – Unfair Termination – Section 35 of the Employment and Labour Relations Act – Probationary Period – Jurisdiction
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20 March 2014 |
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A conviction based on an ambiguous or equivocal guilty plea is unsafe and may be quashed.
Criminal law – Plea of guilty – Requirement that accused understands the nature and ingredients of the charge – Ambiguous or qualified plea renders conviction unsafe – Trial court must explain each ingredient before recording plea.
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19 March 2014 |
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Court allowed departure from scheduling order and permitted bona fide amendment of the amended plaint within fourteen days.
Civil procedure – Scheduling orders and speed tracks – Departure from expired scheduling order – Reassignment to a new speed track; Amendment of pleadings – Order VI r.17 – Amendments to determine real question in controversy; Amendment bona fide – Change of relief and introduction of additional documents permitted; Negligence in obtaining documents not fatal if amendment is not mala fide.
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18 March 2014 |
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Court allowed departure from scheduling order and permitted bona fide amendment of the amended plaint, fixing a new speed track.
Civil procedure — Scheduling orders and speed‑track assignment — Departure from expired scheduling order and reassignment to speed track 2; Pleadings — Amendment of amended plaint under Order VI r.17 to determine real issues; Bona fide amendment — lapse of time and introduction of additional documents; Negligence in procuring documents not fatal absent mala fides or prejudice.
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18 March 2014 |
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Court granted departure from expired scheduling order and allowed a bona fide amendment of the amended plaint, refixing the case on a new speed track.
Civil procedure — Scheduling orders and speed tracks — Departure from expired scheduling order and refixing on new speed track; Amendment of pleadings — Order VI r.17; amendments to determine real questions in controversy; bona fide amendment; negligence in procuring documents does not automatically bar amendment.
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18 March 2014 |
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Court upheld Taxing Officer’s discretion, dismissing challenge to instruction fees and taxed costs as reasonable.
Taxation of costs – assessment of instruction fees; calculation of advocates' fees in non-monetary claims; discretion of Taxing Officer under Advocates' Remuneration and Taxation of Costs Rules (Rule 11); limited judicial review—interference only where taxing officer acted unjudicially; application for reference dismissed.
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18 March 2014 |
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Applicant failed to prove threats or sufficient reasons to stay execution; s.36 was improperly invoked, appeal dismissed with costs.
Land law – procedure – stay of execution – sufficiency of reasons for non-appearance and proof of threats to justify stay. Civil procedure – dismissal for want of prosecution – remedy to set aside dismissal and restore appeal. Statutory interpretation – section 36 Land Disputes Courts Act – revision jurisdiction relates to Ward Tribunal records, not revision of a District Tribunal's own decision
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18 March 2014 |
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Failure to hold an evidentiary inquiry before declaring an execution sale absolute renders the sale and certificate voidable.
Civil procedure – Execution sale – Setting aside sale of immovable property – Order XXI Rules 87–92 and Rule 98(1) – Preliminary objection limited to points of law; factual proof required to challenge sale – Certificate of absolute sale is ministerial and sale becomes absolute only following statutory procedure and timelines.
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18 March 2014 |
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Trial court wrongly upheld a preliminary objection and prematurely confirmed an execution sale; sale set aside.
Civil procedure — Execution of decree — Sale in execution of immovable property — Application to set aside sale by person dispossessed — Order XXI Rules 87–92 and Rule 98(1) — Limitation Act (Part III) 30‑day period — Preliminary objection not a pure point of law when title must be proved — Confirmation of sale and certificate of absolute sale issued prematurely — Proceedings nullified.
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18 March 2014 |
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A credible child prosecutrix’s detailed evidence can alone sustain a rape conviction; omission to prove exact age affects sentencing.
• Evidence – Rape: prosecutrix’s credible testimony can alone sustain conviction and link offender. • Criminal procedure: voir dire for child witness (s.127 TEA) and right to summon PF3 maker (s.240(3) CPA). • Sentencing: need to prove exact age where mandatory life applies (victim aged 10 or below). • Admissibility: family members may testify for prosecution.
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17 March 2014 |
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Application to pierce corporate veil dismissed for failure to prove fraud, concealment or assets sufficient to enforce the decree.
Commercial law — Piercing corporate veil — Alleged concealment and dissipation of company assets to defeat execution — Higher civil standard for fraud allegations; burden to prove five elements of fraud — Private investigative report not court-ordered and speculative — Preliminary objections on late filing and consular immunity dismissed.
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17 March 2014 |
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Conviction quashed where no weapon was alleged, caution statement unlawfully admitted and prosecution evidence insufficient.
Criminal law – Armed robbery – requirement of use of dangerous or offensive weapon or instrument – distinction from robbery by actual violence; Evidence – caution statement – statutory recording time and voluntariness inquiry on retraction; Failure to call material witnesses and arresting officer – effect on corroboration and prosecution case.
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17 March 2014 |
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Conviction quashed where victim and key witnesses were not called and medical report was improperly admitted.
Criminal law – Unnatural offence – proof beyond reasonable doubt – absence of eyewitness and reliance on circumstantial evidence
Evidence – necessity of calling the victim and key child witnesses in sexual offences involving children; failure renders evidence hearsay
Criminal Procedure – Section 240(3) requirement to inform accused of right to call/cross‑examine doctor before admitting medical report; non‑compliance leads to expunction
Retrial – not ordered where cumulative procedural and evidential defects make conviction unsafe
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17 March 2014 |
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Rape conviction quashed where prosecution failed to prove penetration and omitted medical corroboration.
Criminal law – Rape – Element of penetration must be proved, normally by the prosecutrix – Statutory rape (victim under 18) still requires proof of penetration – Medical corroboration may be necessary where available – Conviction unsafe where penetration not proved and doctor not called.
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17 March 2014 |
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Expunging a joint defence and proceeding ex parte against timely defendants breaches their constitutional right to be heard.
Civil procedure — Joint written statement of defence — Where some defendants file in time and others do not, court should permit timely defendants to amend WSD rather than expunge whole plea and proceed ex parte; denial of hearing is a serious irregularity; review and quashing of ex parte orders appropriate.
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17 March 2014 |
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Court overruled objections: High Court had jurisdiction over tort claim and amendment to join successor defendant was allowed.
Civil procedure – preliminary objections – pecuniary jurisdiction in tort claims; general damages and jurisdictional value; amendment of pleadings under Order VI r.17 to join successor-in-interest defendant.
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14 March 2014 |