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94 judgments found.
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March 2014
No binding contract existed between plaintiff and defendants; plaintiff was supplier’s agent and claim dismissed with costs.
Contract law — agency and privity of contract
— burden to prove breach and causation for damages
— consultant/agent for supplier not government
Contract law — Contract formation — letters of intent and MOU
— essential terms and materiality
— invitation to treat
31 March 2014
A court that has pronounced final judgment is functus officio; subsequent orders made thereafter are null and void.
Civil procedure — functus officio — Whether a court that has finally disposed of a matter can make subsequent orders — Finality of judgment
Probate law — Administration of estate — Validity of proceedings and orders made after final disposition of a probate cause — Appointment of administrator
28 March 2014
Failure to cite the specific enabling subrule rendered the revision application incompetent and it was struck out.
28 March 2014
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
— CMA award quashed and reinstatement or statutory compensation ordered
— insufficiency of proof of alleged threats with weapons
— substratum removed where employer concedes demand on same day
28 March 2014
28 March 2014
Victim’s credible testimony and corroboration established statutory rape despite PF3 expungement; appeal dismissed.
Criminal law — sexual offences against a child — Proof of penetration — Sufficiency of evidence and need for direct proof
Evidence — Child witness voire dire — Requirement to record voir dire questions and answers to satisfy s 127(2) Evidence Act — Evidence Act s 127(2)
Evidential weight of medical (PF3) and witness testimony — Medical evidence (PF3) — Admissibility and mandatory compliance with CPA s 240(3) — Non‑compliance with s240 and effect on conviction
28 March 2014
Conviction for statutory rape upheld: child‑victim competent, penetration proved, corroboration sufficient despite expunged medical evidence.
Civil procedure — Procedure — Non‑compliance with s.240 CPA and expunging of medical evidence does not necessarily defeat conviction if other evidence is strong
Criminal law — Rape — statutory rape where victim is under 18 — consent irrelevant
Evidence
— Child witness — voir dire — competency and understanding of oath
— Corroboration by family and school officials — admission and weight of caution statement where no objection
28 March 2014
28 March 2014
Absence of identification parade and lack of handwriting expert opinion undermined prosecution's case, warranting quashing of conviction.
Evidence — Criminal evidence — identification parade versus dock identification
Evidence — handwriting/expert opinion on signatures — admissibility and necessity
Evidence — Secondary documents
— certification and proof
— reasonable doubt
28 March 2014
Failure to conduct identification parade and obtain handwriting expert opinion undermined the prosecution, leading to quashed conviction.
Criminal law
— Evidence — expert handwriting/signature opinion admissibility and relevance where signatures are central to charges involving false pretence
— identification — dock identification insufficient without parade
Criminal procedure — Secondary/certified documents — role of certifying officer and potential prejudice where not called to testify
Evidence — Standard of proof — cumulative evidential defects may vitiate prosecution’s case and require acquittal
28 March 2014
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 — appellate order for trial de novo
28 March 2014
28 March 2014
CMA can hear disputes from disciplinary warnings, but a Registrar may not grant extensions to cure time‑barred revisions.
Civil procedure — extension of time — Registrar's corrective powers limited
Labour law
— Jurisdiction of CMA — Complaints arising from disciplinary sanctions (warnings/reprimands) — GN. No. 42 of 2007
— Revision applications — Time limits for filing revisions and effect of orders founded on invalid Registrar action
27 March 2014
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
— Procedural law — extension of time and withdrawal are judicial functions — nullity of Registrar’s order
— Time‑bar — consequence of invalid extension
27 March 2014
Registrar lacked jurisdiction to extend time; time‑barred revision struck out with leave to re‑file within 60 days.
Labour law
— extension of time vests in the court (judge) — purported Registrar’s extension null and void
— 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
27 March 2014
Plaintiff's failure to use the prescribed font and size was a mandatory breach warranting rejection of the plaint.
Commercial law — Commercial procedure
— High Court
— ignorance of rules by experienced counsel is no excuse. Rule 74(1) relates to affidavits only
Commercial law — 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
27 March 2014
Application struck out for failure to join the Attorney General as required by Section 10 of the Government Proceedings Act.
Administrative law — Government proceedings act s.10
— Applications for extension of time/admission of appeals treated as civil proceedings
— mandatory joinder of Attorney General in civil proceedings by or against Government
— Practice in land-title appeals does not override statutory requirement
27 March 2014
An application challenging a government officer’s decision must include the Attorney General; omission renders it incompetent.
Administrative law — Government proceedings act s.10
— non-joinder of Attorney General in proceedings against Registrar of Titles renders application incompetent
— scope includes suits, applications, appeals and revisions
27 March 2014
Failure to join the Attorney General in proceedings against the Registrar of Titles led to the application being struck out.
Administrative law — Government proceedings act s.10 — Joinder of the Attorney General
27 March 2014
An application against a government officer must join the Attorney General under s.10 Government Proceedings Act; omission is fatal.
Civil procedure — Government proceedings — joinder of Attorney General — Non‑joinder of a necessary party (Attorney General) vitiates proceedings — Government Proceedings Act s.10
27 March 2014
Failure to conduct statutory voire dire for an eleven-year-old victim rendered her evidence inadmissible and conviction unsafe.
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
Evidence — Child witness
26 March 2014
Failure to conduct and record a s.127(2) voir dire for an 11‑year‑old rendered her evidence inadmissible and the conviction unsafe.
Criminal law
— Admissibility
— Hearsay and contradictions — remaining evidence insufficient to sustain conviction
26 March 2014
Applicant’s failure to specify s.79 ground rendered the revision application incompetent and it was struck out with costs.
Civil procedure — Revision
26 March 2014
Failure to specify the s.79 sub‑section rendered the revisional application incompetent and it was struck out with costs.
Civil procedure
— Civil revision — scope of revisional jurisdiction under section 79(1)(c) CPC — Requirement to specify the sub‑section relied upon
— Procedure — non‑citation of enabling law or specific subsection is fatal — Fatal to competency of application
— section 95 CPC (inherent powers) — Inapplicability where specific statutory remedy exists
26 March 2014
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
Natural justice — Alleged breach of procedural fairness in internal governance — remedy lies in private law where function is private
26 March 2014
Prerogative public law remedies not available for disputes over a private society’s internal elections and membership.
Judicial review — availability against private bodies — public or quasi‑judicial functions required
26 March 2014
Public law remedies unavailable for internal election and membership disputes of a statutory society; pursue private law remedies.
Administrative law — Judicial review — What constitutes a reviewable decision — Act No. 71 of 1962 s4, s6(1)
Corporate law — Internal governance — Membership termination and election disputes — Characterisation as private law matters
26 March 2014
Court certified an out‑of‑court adjustment and ordered handover of title deeds after finding payment and procedural defects in execution.
Civil procedure
— Attachment and sale — Service of statutory notices, proclamation timing and newspaper publication
— Execution of decree — Certification of out‑of‑court settlement — Court duty to record or certify satisfaction when payment proven
— Objection proceedings — Use of s.68 CPC and Order 21 rules 57 — 58 to challenge defective execution
26 March 2014
25 March 2014
Court allowed extension to file matrimonial appeal despite premature filing, applying s80(2) and Limitation Act principles.
Civil procedure
— computation of limitation period — exclusion for time taken to obtain judgment
— 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
Family law — Matrimonial appeals — Time limit to appeal to High Court
25 March 2014
Failure to conduct voir dire and to make medical‑report maker available rendered child‑rape conviction unsafe.
Criminal law — admissibility and proof of medical reports
— corroboration in rape cases
— procedural irregularities rendering conviction unsafe
— right to summon maker and cross‑examination
Criminal law — sexual offences — child witness competence and voir dire
25 March 2014
Possession of recently stolen cattle without a credible explanation justified conviction; appeal dismissed.
Criminal law — Cattle theft — recent possession doctrine — Inference of guilt where accused found with recently stolen property and gives no satisfactory explanation
Criminal procedure — Right to be heard — Compliance with section 231(4) Criminal Procedure Act — Accused's election to give sworn defence and not call witnesses
Evidence — tendering and admission of exhibits — Owner's competency to identify and tender property — Adverse inference from failure to call material witness
24 March 2014
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
24 March 2014
Court granted adoption of an orphaned child as being in the child’s best interests and ordered statutory notification.
Family law
— Adoption procedure — Compliance with Law of the Child Act, 2009 s69 — 70 and Adoption Regulations, 2011 — Service to Registrar General
— Adoption — best interests of the child — Guardianship, capacity and welfare
21 March 2014
Court dismisses unfair termination claim as employment was under six months, invoking Section 35 of Employment and Labour Relations Act.
Employment law — unfair termination
20 March 2014
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
19 March 2014
Court allowed departure from scheduling order and permitted bona fide amendment of the amended plaint within fourteen days.
Civil procedure — Amendment bona fide
— Change of relief and introduction of additional documents permitted
— Negligence in obtaining documents not fatal if amendment is not mala fide
Civil procedure — amendment of pleadings — Order VI r.17 — Amendments to determine real question in controversy
Civil procedure — Scheduling orders and speed tracks — Departure from expired scheduling order — Reassignment to a new speed track
18 March 2014
Court allowed departure from scheduling order and permitted bona fide amendment of the amended plaint, fixing a new speed track.
Civil procedure — Bona fide amendment
— lapse of time and introduction of additional documents
— Negligence in procuring documents not fatal absent mala fides or prejudice
Civil procedure — Pleadings — Amendment of amended plaint under Order VI r.17 to determine real issues
Civil procedure — Scheduling orders and speed‑track assignment — Departure from expired scheduling order and reassignment to speed track 2
18 March 2014
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 — amendment of pleadings
— amendments to determine real questions in controversy
— bona fide amendment
— negligence in procuring documents does not automatically bar amendment
— Order VI r.17
Civil procedure — Scheduling orders and speed tracks — Departure from expired scheduling order and refixing on new speed track
18 March 2014
Court upheld Taxing Officer’s discretion, dismissing challenge to instruction fees and taxed costs as reasonable.
Civil procedure — limited judicial review
— application for reference dismissed
— interference only where taxing officer acted unjudicially
Civil procedure — Taxation of costs
— assessment of instruction fees
— calculation of advocates' fees in non-monetary claims
18 March 2014
Applicant failed to prove threats or sufficient reasons to stay execution; s.36 was improperly invoked, appeal dismissed with costs.
Civil procedure
— Dismissal for want of prosecution — remedy to set aside dismissal and restore appeal
— Statutory interpretation — revision jurisdiction relates to Ward Tribunal records, not revision of a District Tribunal's own decision
Land law — Stay of execution — sufficiency of reasons for non-appearance and proof of threats to justify stay
18 March 2014
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
— factual proof required to challenge sale — Certificate of absolute sale is ministerial and sale becomes absolute only following statutory procedure and timelines
18 March 2014
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
18 March 2014
A credible child victim’s testimony can alone sustain a rape conviction; procedural and evidential complaints dismissed.
Criminal law — Rape — Victim’s testimony as primary evidence — s 127 Tanzania Evidence Act
Criminal procedure — admissibility of medical report (PF3) — duty to inform accused of right to require summon of report‑maker under s.240(3) CPA — Criminal Procedure Act s240(3)
Evidence — Proof of age — Sentencing implications under s 131(3) Penal Code
17 March 2014
Application to pierce corporate veil dismissed for failure to prove fraud, concealment or assets sufficient to enforce the decree.
Commercial law
— burden to prove five elements of fraud — Private investigative report not court-ordered and speculative — Preliminary objections on late filing and consular immunity dismissed
— Piercing corporate veil — Alleged concealment and dissipation of company assets to defeat execution — Higher civil standard for fraud allegations
17 March 2014
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
17 March 2014
Conviction for unnatural offence quashed due to insufficient direct evidence, failure to summon key child witnesses, and improper admission of medical report.
Criminal law — Sexual offence (unnatural offence) — Proof beyond reasonable doubt
Criminal procedure — duty to call material witnesses
Evidence — PF3 admissibility — Admission of PF3
17 March 2014
Rape conviction quashed where prosecution failed to prove penetration and omitted medical corroboration.
Criminal law — Rape (statutory rape) — victim — Medical corroboration may be necessary where available — Conviction unsafe where penetration not proved and doctor not called
17 March 2014
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
— denial of hearing is a serious irregularity
— review and quashing of ex parte orders appropriate
— 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
17 March 2014
Court overruled objections: High Court had jurisdiction over tort claim and amendment to join successor defendant was allowed.
Civil procedure — Preliminary objections
— amendment of pleadings
— general damages and jurisdictional value
— pecuniary jurisdiction in tort claims
14 March 2014