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119 judgments found.
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May 2014
Ward tribunal lacked pecuniary jurisdiction over the land dispute; lower tribunals' decisions set aside.
Land law — Jurisdiction — Pecuniary jurisdiction of ward tribunal — Value of disputed land exceeding statutory ward limit renders proceedings nullity — Appellate review where lower tribunal erroneously upholds jurisdictionally defective decision
30 May 2014
Ex parte judgment set aside because summons were not duly served on the defendant or an authorized agent.
Civil procedure
— Service of process — Validity of summons and requirement for proof of service under Order V rules 16 and 18 — Order V r.16
— Setting aside ex parte judgment — Sufficient cause for non-appearance under O
— jurisdiction — Pecuniary jurisdiction determined by substantive claim — Substantive claim determines pecuniary jurisdiction (not general damages)
IX r.13(1) — Order IX r.13(1)
30 May 2014
Ex parte judgment set aside because summons were not validly served; applicant granted relief under Order IX r.13.
Civil procedure — Pecuniary jurisdiction — raising jurisdictional concerns after procedural setting aside
Civil procedure — Procedural consequence
— invalid service vitiates ex parte decree
— merits need not be determined when procedural compliance absent
Civil procedure — Setting aside ex parte judgment
30 May 2014
Court granted a six-month temporary injunction restraining the respondent from developing disputed land pending the main suit.
Civil procedure — Order XXXVII — application for temporary injunction to prevent wasting, damaging or alienation of disputed land Interim relief — preservation of status quo, balance of convenience, irreparable injury Land disputes — interim injunction to restrain development pending determination of title
30 May 2014
The appellant's convictions were quashed for unreliable evidence and improper exhibit tendering; release ordered.
Criminal law — Conviction safety
— appellate allowance and quashing of conviction where prosecution evidence is weak or procedurally defective
— Inconsistent witness testimony and improper exhibit tendering undermine proof beyond reasonable doubt
30 May 2014
A tribunal order striking out a suit for lack of locus standi that extinguishes rights is final and appealable.
Civil procedure — Appeals
— Land Dispute Court
— Magistrates' courts
— Non‑appealable orders and competence of appeal
30 May 2014
A tribunal order striking out a suit for lack of locus standi is final and therefore appealable.
Land law — Appealability
— interlocutory
— Land Dispute Court/tribunal procedures
— preliminary objection on competency of appeal
Land law — locus standi — order striking out suit for want of locus standi
30 May 2014
A tribunal’s order striking out the applicant’s suit for lack of locus standi was final and therefore appealable.
Land law — appealability of interlocutory orders
— a tribunal order striking out a suit for lack of locus standi may finally determine rights and is appealable
— District Land and Housing Tribunal procedure
Land law — locus standi — preliminary objection
30 May 2014
A tribunal order declaring lack of locus standi extinguishes rights and is final and appealable; preliminary objection dismissed.
Civil procedure — Appealability
Land law — locus standi — order striking out suit for lack of locus standi — whether such order is interlocutory or final and appealable
30 May 2014
Court granted injunction preventing bank from paying guarantees pending trial due to prima facie case and risk of irreparable harm.
Commercial law — Bank guarantees — Interim injunction restraining payment under performance and advance payment guarantees — Principles for temporary injunctions (prima facie case, irreparable harm, balance of convenience)
30 May 2014
Whether demotion amounted to termination and whether that termination was substantively and procedurally fair.
Civil procedure — revision of CMA award — quashing and setting aside where termination found substantively and procedurally unfair
Employment law — Procedural fairness
Employment law — unfair termination — whether removal from post amounted to termination
— burden on employer
— employee status after demotion
Labour law — Labour claims — timing of cause of action — when employer's notification of termination was communicated (25/10/2010)
30 May 2014
Demotion did not amount to lawful termination; employer failed to prove or follow fair procedure, court found unfair dismissal and awarded arrears and compensation.
Labour law — Cause of action
— accrual on receipt of termination notice
— Code of Good Practice
Labour law — unfair termination — whether demotion constituted termination — burden on employer to prove valid reason and follow fair procedure
30 May 2014
Theft conviction quashed where prosecution failed to prove actus reus and mens rea beyond reasonable doubt.
Criminal law — Theft — Elements of theft and burden of proof beyond reasonable doubt
Criminal procedure — sufficiency of evidence — Suspicion insufficient to support conviction
Evidence — Res ipsa loquitur — Inapplicability in criminal theft cases
30 May 2014
A time‑barred appeal not heard on merits should be struck out, not dismissed, to permit refiling or extension application.
Civil procedure
— appeal filed out of time — limitation period — lateness not curable where prescribed period expired
— remedy for time-barred appeals not heard on merits — strike out preferred to dismissal to permit refiling/extension application. Distinction between dismissal and striking out in procedural consequences
30 May 2014
Delay in filing appeal excused where court officer's refusal to supply judgment constituted sufficient cause; extension granted.
Civil procedure — Role of court clerks — Court officers' refusal to supply records — Impact on right of appeal — Misconduct condemned and excuse for delay
Criminal procedure — Appeal — Extension of time — Delay due to inability to obtain judgment copies — Sufficient cause
30 May 2014
Revision dismissed: CMA properly exercised discretion denying condonation for inordinate delay; no sufficient cause proved.
Civil procedure — Administrative/tribunal review — High Court will not interfere where CMA properly considered evidence and exercised discretion
Labour law — extension of time/condonation
Limitation law — Limitation — limitation periods are fundamental, not mere technicalities
29 May 2014
Applicant's revision dismissed for failing to prove sufficient cause for extension of time to file a labour dispute.
Labour law
— extension of time/condonation — sufficiency of cause for delay in filing trade disputes
— limitation — time bars in labour disputes are fundamental, not merely technical
— review — appellate court will not interfere where CMA considered evidence and gave reasons
29 May 2014
High Court dismissed revision against ward tribunal proceedings as improper, not a substitute for appeal, and an abuse of process.
Civil procedure — Abuse of process — seeking revision after failed/time‑barred appeal constitutes lodging an appeal through the back door
Evidence — Relevance of prior judgments — Effect of prior decision involving different parties
Land law — Revisionary powers — Supervisory powers of the High Court under s.43(1)(b) to revise District Land and Housing Tribunal proceedings where an error material to the merits causes injustice — Land Disputes Courts Act s.43(1)(b)
29 May 2014
Whether the High Court may revise Ward Tribunal proceedings under section 43(1)(b) of the Land Disputes Courts Act.
Civil procedure — Abuse of process — Invocation of revision after unsuccessful appeal constitutes a back‑door appeal and abuse of process
Land law — Revision jurisdiction — Whether the High Court may revise Ward Tribunal proceedings under
Land law — title disputes
— Whether prior proceedings between different parties render a tribunal functus officio
— proof on the balance of probabilities
29 May 2014
Applicant's attempt to invoke High Court revisional powers to challenge Ward Tribunal proceedings after losing appeal dismissed as abuse.
Civil procedure — Abuse of process — seeking revision after failed/time‑barred appeal constitutes lodging an appeal through the back door
Evidence — Same subject matter, different parties
— burden to prove title on balance of probabilities
— earlier proceedings do not automatically preclude later claims
Land law — Revision and appellate remedies — Ward Tribunal
29 May 2014
Adoption by a foreign petitioner granted after court found statutory compliance and that the adoption served the child's best interests.
Family law — Adoption
— Foreign nationals adopting Tanzanian child — Application of s.74 Law of the Child Act
— best interests of the child — Weight of social inquiry and Guardian Ad Litem recommendation
28 May 2014
Adoption granted where statutory requirements satisfied and adoption serves the child’s best interests.
Family law — Child law — Adoption
— Application under Child Act No. 21 of 2009 and Adoption of Children Regulations GN No. 197 of 2011
— best interests and welfare of the child
— parental and relative consents
— registration of adoption with Registrar General
28 May 2014
An adoption order granted where the applicant satisfied statutory requirements and demonstrated the child’s best interests.
Family law
— Adoption law
— Best interests of the child — guardian ad litem/social welfare investigation and evidence of ongoing care
Judicial review — Prohibition of payment or reward — adoption not vitiated by consideration
28 May 2014
Application for stay of execution dismissed; appeal unlikely and purchaser would suffer prejudice, execution to proceed.
Civil procedure — refusal of leave to appeal out of time — execution to proceed
Civil procedure — Stay of execution
— sale of estate property by public auction and distribution of proceeds among heirs
— Whether applicant shows overwhelming prospects of success and balance of convenience favouring stay
27 May 2014
Stay of execution refused where sale and distribution were fair and the appeal lacked prospects.
Civil procedure
— leave to appeal out of time — lack of serious point of law justification
— Sale of estate property by public auction — validity and fairness of sale and distribution of proceeds
— Stay of execution — Principles: balance of convenience, prospects of success, risk of irreparable harm
27 May 2014
Court allowed withdrawal and re‑filing of an amended defence, extending time under section 93; Order VII r.1(2) held inapplicable.
Civil procedure — amended written statement of defence
— applicability of Order VII r.1(2)
— costs follow event
— distinction between failure to file defence and delay in filing an amendment
— enlargement of time
— substitution of defendant’s name
— withdrawal and leave to refile
27 May 2014
A plaint that pleads facts and a value establishes pecuniary jurisdiction; valuation disputes are evidentiary, not jurisdictional.
Land law — pecuniary jurisdiction
27 May 2014
Plaintiffs entitled to compensation where statutory road-widening incorporated their land; counterclaim for demolition costs dismissed.
Land law — road reserve and statutory widening
— Act No. 13 of 2007 extended road width
— demolition by council without compensation not recoverable
— independent valuation ordered
— occupants in the extended strip entitled to compensation for improvements
26 May 2014
Statutory road widening that incorporates private land entitles owners to compensation; counterclaim for demolition costs dismissed.
Civil procedure — Counterclaim — Counterclaim for demolition costs — Failure where statutory acquisition, not trespass, caused loss
Land law — Road reserve — compensation on acquisition — Act No. 13 of 2007
26 May 2014
Administrator not liable where deceased was not a party to the exhibited lease; appeal dismissed with costs.
Land law — contract enforceability
— evidence required to bind deceased as party to lease
— liability of estate/administrator
— res judicata and jurisdictional limits of lower courts in land disputes
26 May 2014
Conviction based on unreliable extrajudicial and repudiated cautioned statements was unsafe and thus quashed.
Criminal law — Admissibility and weight of extra‑judicial and cautioned statements
— appeal allowed
— circumstantial evidence and recovery of property
— requirement of voluntariness and material particulars
— suspicion not proof beyond reasonable doubt
— unsafe conviction
26 May 2014
23 May 2014
Administrators’ failure to comply with statutory and court-ordered duties justified revocation and appointment of the Administrator General.
Civil procedure — Probate & administration — revocation of letters of administration for failure to comply with court orders and statutory duties
23 May 2014
23 May 2014
Taxing Master reduced and disallowed unsupported or excessive cost items, allowing Tshs. 5,436,000 in total.
Civil procedure — Taxation of costs — reasonableness of attendance and instruction fees — demand letters and drafting bill allowances
23 May 2014
Serious procedural defects and improper composition rendered Ward Tribunal proceedings null; matter remitted for de novo hearing.
Land law — Appeal
— appellate decision founded on flawed proceedings set aside
— Matter remitted for de novo hearing
Land law — procedural irregularities — inadequate recording of evidence, lack of cross-examination, inconsistent judgment parts
Land law — Ward Land Tribunal — statutory composition and quorum — improperly constituted tribunal renders proceedings a nullity
23 May 2014
Serious procedural defects and wrongful composition of a Ward Land Tribunal rendered its proceedings and subsequent appeal null, ordering a retrial.
Civil procedure — Curability of defects — Section 45 inapplicable where irregularities occasion failure of justice
Land law
— Ward Tribunal procedure — omission is fatal to jurisdiction and renders proceedings null
— Ward tribunal composition and quorum — statutory requirement that tribunal sit with proper number of members and record presence of members at each sitting — Failure renders proceedings a nullity
23 May 2014
Appeal allowed: damages were unproven and 12% interest award was improper; trial judgment reversed, costs to respondent.
Civil procedure
— General damages — require proof of loss
— interest on judgment — Order XX r.21(1) prescribes 7% p.a. unless parties agree otherwise
— Proof of special damages
23 May 2014
Bail granted for economic crimes; s.36(1) Cap.200 held unconstitutional and bail imposed with specified conditions.
Criminal procedure
— Bail
— Section 36(1) Cap.200 declared unconstitutional (Costa Mahalu) — bail conditions: monetary bond, surety with immovable property, surrender of passports, travel restriction
23 May 2014
An appeal filed after the court-ordered extension period is time-barred; a later-signed Drawn Order does not cure lateness.
Civil procedure
— Appeal competency — Whether a Drawn Order signed later can extend or alter the filing deadline
— Civil procedure code, order XXXIX rule 1(1) — Required documents to accompany memorandum of appeal (copy of decree and judgment)
— Procedural bar — Dismissal of appeal as academic where filed out of the permitted time
— Time limitation for filing appeals
23 May 2014
Awaiting tribunal copies and counsel's busy schedule did not constitute sufficient cause to extend time to appeal.
Civil procedure
— Duty of party/counsel — Obligation to follow up collection of court documents or to delegate filing
— extension of time — Delay due to awaiting certified copies and counsel’s commitments not automatically sufficient
Land law — Land disputes courts act — Where no time prescribed, Limitation Act and CPC apply (90 days) for appeals
23 May 2014
A jurat omitting the attesting officer’s name is a curable defect; leave granted to file an amended affidavit.
Civil procedure
— Affidavit formalities — omission of attesting officer’s name raised as defect — Curable defect, leave to amend
— preliminary objection — striking out incompetent applications versus permitting refiling or amendment — Court’s discretion guided by Court of Appeal precedent
22 May 2014
Failure to conduct the required voir dire renders child-witness evidence inadmissible and the conviction unsafe.
Evidence — Child evidence improperly received if statutory procedure not followed — uncorroborated child evidence unsafe to ground conviction in sexual offence cases
22 May 2014
Improper voir dire of a child witness rendered her evidence inadmissible, undermining the conviction.
Civil procedure — Appeal — procedural irregularity in reception of evidence can be fatal to conviction
Criminal law — reliance on uncorroborated child testimony — admissibility affected by procedural non‑compliance
Evidence — voir dire procedure — competency of child witness (tender years) — mandatory inquiry into intelligence and understanding of duty to tell the truth
22 May 2014
Property tax payments alone do not establish ownership; tribunal’s unexplained departure from assessors rendered its decision null.
Civil procedure — Assessors’ opinions — Chairman’s duty to give reasons when differing with assessors’ opinion — Duty to record assessors' opinions (Reg. 19(2), Land Disputes Courts)
Land law
— evidence of title — Whether payment of property tax is conclusive proof of ownership — Land Act requires written/formal proof of title
— transfer of land — Validity of disposition by a person lacking title — Disposition void and unenforceable
21 May 2014
A High Court lacks jurisdiction to grant extension to file review of a tribunal’s judgment; application dismissed with costs.
Land law — Land/procedure — Review jurisdiction — Whether review and applications for extension of time must be filed in the court which passed the decree or order
21 May 2014
Whether the suit was time‑barred and whether statutory notice to the State was valid.
Limitation law — accrual of cause of action
Limitation law — proof of service by dispatch record.* Civil procedure
— discouraging dispositive technical objections that prevent merits adjudication
— preliminary objections
Limitation law — timeliness — compliance with section 6(2) notice-to-sue requirement
21 May 2014
Objections that the suit was time‑barred and that notice was not served were overruled; matter to proceed on merits.
Civil procedure
— Government proceedings — Requirement of statutory 90‑day notice and proof of service under s.6(2) Government Proceedings Act — Section 6(2) Government Proceedings Act CAP 5 R.E.2002
— limitation — Accrual of cause of action and time‑bar objections — Law of Limitation Act CAP 89 R.E.2002
21 May 2014
Appellate court reduced excessive custodial sentences for property offences but upheld attachment order to compensate the victim.
Criminal law — sentencing — Excessive sentence
— Ancillary order for attachment and sale of property to compensate victim upheld
— General deterrence unsupported by statistics insufficient to justify harsh punishment
20 May 2014
Court reduced excessive sentences and set aside house-attachment order for failure to consider mitigating circumstances.
Criminal law — sentencing — Excessive sentence — Deterrence justification unsupported by evidence — Order of attachment and sale of house set aside
20 May 2014