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1,445 judgments found.
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December 2015
Appeal dismissed: earlier unappealed Ward Tribunal decision subsists, subsequent decision res judicata, village council ruling not executable.
Civil procedure
— Executability — village council decision not executable to defeat execution of Ward Tribunal decree
— execution of judgment — execution application before District Land and Housing Tribunal
— Res judicata — subsequent Ward Tribunal decision held res judicata where earlier Ward Tribunal decision involving same parties and issues remained unappealed
4 December 2015
Whether the appellant maliciously prosecuted the respondent and appropriate damages for detention and job loss.
Damages — assessment and quantum of general damages — Detention, loss of employment, mental anguish and wasted time
Tort — Malicious prosecution — Private complainant’s report triggering state prosecution — Detention, loss of employment and non-pecuniary injury
4 December 2015
Conviction on a guilty plea set aside where defective, uncertain particulars made the plea not unequivocal; matter remitted for fresh plea.
Criminal law — guilty plea — requirement that plea be unequivocal and admit essential elements of the offence — defective/uncertain particulars (date/time/place) vitiating plea — remedy: quash conviction and remit for fresh plea
4 December 2015
High Court restored primary court award finding sufficient identification and valuation of crop damage on balance of probabilities.
Appellate practice — Appellate review of trial court's evaluation of evidence and credibility — First appellate court entitled to re-evaluate evidence and uphold trial court findings when contradictions render claimant's case unproven
Evidence — Competence of witnesses — relatives as competent witnesses
Tort — Civil liability for damage by animals — suitability and sufficiency of oral testimony identifying ownership
4 December 2015
An appellate court cannot divide matrimonial assets not pleaded or proved at trial; a fresh claim must be filed in the court that granted the divorce.
Family law — Matrimonial property — division of assets
4 December 2015
3 December 2015
Court upheld awarding matrimonial house to children under father's care, prioritizing children's needs over sale.
Family law — Matrimonial property — division of assets where infant children exist — court's duty — awarding house to children and placing it under father's care versus ordering sale and division
3 December 2015
Cohabitation giving rise to a presumed marriage under s160 entitles the partner and children to matrimonial rights and asset division.
Family law
— presumption of marriage — Cohabitation for two years and reputation as husband and wife — Section 160 Law of Marriage Act
— Division of matrimonial property — Proof of joint acquisition and contribution
Appellate practice — Appeal procedure — Second appeal will not re-open factual findings absent an arguable point of law — Court will not entertain grounds not raised in earlier appeal
3 December 2015
Adoption granted where abandoned child lived with petitioners and social welfare found adoptive parents fit, in child's best interest.
Family law
— Adoption — Best interests of the child — Law of the Child Act, 2009 (ss 56, 57, 59, 74)
— Adoption procedure — Role of social welfare investigation and proof of abandonment in supporting adoption
1 December 2015
Excess ward members not fatal; appellate court will not disturb trial credibility findings absent misdirection.
Land law
— Appellate review — limited interference with trial credibility findings absent misdirection
— boundary/trespass — proof of long peaceful occupation and locus in quo visit
— Tribunal composition — ward tribunal may sit with more than statutory minimum provided minimum of three members (one woman) is met
1 December 2015
Revision application struck out for failing to annex impugned tribunal judgments in the supporting affidavit.
Land law — Revision of Tribunal Decisions — Incompetence and striking out where annexures absent — Procedural non-compliance with filing directions (respondents’ failure to file replies) — ex parte consideration
1 December 2015
Appellate tribunal properly inquired into linked proceedings and drew adverse inference for appellant's refusal to attend locus inspection; appeal dismissed.
Land law
— evaluation of evidence — appellate tribunal's duty to inquire where trial tribunal omitted relevant issues
— Evidence — adverse inference for refusal to attend locus inspection
— Land appeal — appellate powers — entitlement to make inquiries and order locus in quo inspections
— Procedural law — reliance on prior ruling appearing in Ward Tribunal record
1 December 2015
An applicant for extension of time to appeal must satisfactorily account for each day of delay; unexplained delay warrants dismissal.
Criminal procedure — Appellate procedure — Application for extension of time to file notice of appeal — Law of Limitation Act s 14 (duty to account for each day of delay)
1 December 2015
Appellant failed to prove respondent induced wife to leave; credible direct testimony established voluntary departure, so compensation claim fails.
Civil procedure
— Civil appeal — evaluation of evidence
— direct testimony and credibility (s.62(1) Evidence Act) — claim for compensation for inducement to leave matrimonial home and alleged miscarriage not proved
1 December 2015
An heir lacked locus standi to challenge sale of deceased’s land; only the estate administrator may sue.
Administrative law — Locus standi — capacity to sue on behalf of a deceased’s estate
— only legal representative/administrator (or authorized agent) may institute proceedings
— revisional powers to set aside tribunal decisions and quash null proceedings
1 December 2015
November 2015
Affidavits must be based on the deponent’s personal knowledge and bear the drawer’s name; failure renders application incompetent.
Civil procedure — Affidavits — deponent’s personal knowledge — statements about a client's finances by advocate constitute hearsay if not within advocate's knowledge
Legal profession — Advocates act s.44(1)
— mandatory requirement to endorse the name and address of drawer
— omission renders document defective. Constitutional plea to dispense substantial justice (Art.107A(2)(e)) cannot cure mandatory affidavit defects
30 November 2015
Applicant's extension of time to appeal dismissed for lack of evidence of denied judgment copy and no proof of success prospects.
Civil procedure
— Exercise of discretion by tribunal — upheld where applicant fails to prove delay or merit
— Procedure — Evidence required to prove denial of copy of judgment — mere allegation insufficient
Land law — extension of time to appeal
30 November 2015
Extension of time to appeal denied where applicant failed to prove denial of judgment copy or prospects of success.
Land law — extension of time to appeal — unsupported allegation of denial of judgment copy insufficient — right to be heard upheld where parties had opportunity to address tribunal
30 November 2015
High Court quashed tribunal order for entertaining an incompetent, time‑barred review without deciding extension of time.
Civil procedure — Competence of applications
30 November 2015
Applicant's bill of costs dismissed as time-barred for failure to seek extension of time.
Limitation law — bill of costs — time-barred claims — Taxing Master's dismissal
30 November 2015
Reference against Taxing Officer dismissed as time-barred for failure to file within 21 days or seek extension.
Legal profession — Advocates remuneration and taxation of costs rules GN 515/1991
30 November 2015
Wrong procedural citation rendered the restoration application incompetent and it was struck out with leave to refile.
Civil procedure
— Incompetence/Striking out — Proceedings founded on incorrect statutory citation are improperly before the court — Leave to refile may be granted
— Restoration/re‑admission — Wrong citation of procedural provision renders application incompetent — Order XXXIX r.19 CPC relates to appeals
30 November 2015
Convictions quashed because visual identification and the identification parade were unreliable.
Criminal law
— Identification parade — Proper conduct and record of parade essential for reliable identification evidence
— Medical report (PF3) — Right to call the medical officer under s.240(3) Criminal Procedure Act
— Visual identification — reliability of visual identification at night
30 November 2015
Reference under Order XLI Rule 1 CPC unavailable after final decision; application dismissed for lack of jurisdiction.
Civil procedure — reasonable doubt — No reference where matter finally decided — Reference dismissed for lack of jurisdiction
Civil procedure — Reference
— Conditions for reference: pending suit/appeal or execution
— question of law or usage having force of law
30 November 2015
A reference under Order XLI Rule 1 CPC requires pending proceedings and a question of law; absence of these defeats jurisdiction.
Civil procedure — Reference — prerequisites: pending suit/appeal or execution, question of law or usage, reasonable doubt — cannot be used to re-open finally decided matters
30 November 2015
Dismissal for non-appearance set aside where parties were not served notice after judge reassignment; case restored.
Civil procedure — Order IX Rule 9(1) CPC — Setting aside dismissal for non-appearance — Lack of service/notice following reassignment of presiding judge
27 November 2015
Dismissal set aside where court’s failure to notify reassignment caused applicant’s non-appearance.
Civil procedure — Order IX — setting aside dismissal for non-appearance — Default authored by the court — Good cause to restore suit
27 November 2015
Payment of bride price alone does not establish customary marriage; custody and land disputes follow legitimacy and jurisdiction rules.
Customary law — Customary marriage
— need evidence of customary ceremony or rites
— payment of bride price alone insufficient
Family law — Presumption of marriage (s.160(1)) — requires cohabitation, reputation as husband and wife, and absence of formal ceremony
Jurisdiction
— land tribunals have competence
— where no marriage exists magistrates should not determine land/house ownership
27 November 2015
27 November 2015
Extension of time denied where appellant failed to account for delay and did not prove an installment agreement.
Civil procedure — Extension of time to appeal — alleged payment by installments not proven — execution after failure to pay — discretion of appellate court to dismiss application for want of sufficient cause
27 November 2015
Applicant failed to show sufficient cause for delay; instalment payment claim unsupported, appeal dismissed with costs.
Civil procedure
— alleged instalment payment not prima facie good cause where unsupported by record — Execution order may be the proper subject of appeal
— Extension of time to appeal
27 November 2015
Extension of time for an appeal requires good and sufficient cause; counsel’s or attendant’s negligence is not sufficient.
Land law
— extension of time to appeal
— negligence of counsel or law clerk/attendant not sufficient
27 November 2015
Primary Court had jurisdiction, conducted a proper hearing, and asset division (with valuation/buy‑out option) complied with s.114(2).
Family law — Matrimonial law — Division of matrimonial assets
27 November 2015
Delayed cautioned statements and recent possession of marked meat adequately linked the appellants to cattle theft; appeal dismissed.
Criminal procedure
— admissibility of cautioned statements — delay in recording and alleged torture — exclusion
— Burden of proof — evaluation of defence and witness credibility
— Doctrine of recent possession — short interval and possession of marked unskinned meat
— identification of stolen property — marks and non-production of exhibit — reliance on cogent witness descriptions
27 November 2015
Court upheld armed robbery convictions based on reliable eyewitness ID and corroborating cautioned statements despite parade deficiencies.
Criminal law — Armed robbery — visual identification (Waziri Amani) — unreliable identification parade where PF186 absent — admission and weight of cautioned statements/retracted confessions — doctrine of recent possession — proof of ownership and recovery of stolen property
27 November 2015
Accused acquitted where material inconsistencies in witness accounts and uncorroborated dying declaration defeated proof beyond reasonable doubt.
Criminal law
— burden of proof — proof beyond reasonable doubt
— contradictions in eyewitness testimony — material inconsistencies going to the root of prosecution case
— Manslaughter — reliance on dying declaration — admissibility and need for corroboration
27 November 2015
Interim injunction refused where defendant had substantially built on disputed land and monetary compensation considered adequate remedy.
Civil procedure — interim relief — application for temporary injunction pending trial — maintenance of status quo — balance of convenience where respondent has constructed building to lintel level — adequacy of monetary compensation as alternative remedy
27 November 2015
Application withdrawn but applicant ordered to pay respondent's costs; costs ordinarily follow the event.
Civil procedure — withdrawal of application — Costs
26 November 2015
Withdrawal of an application does not prevent an award of costs; costs ordinarily follow the event absent good reason.
Civil procedure — withdrawal of application to amend plaint — costs follow the event
26 November 2015
A bill of costs must be filed within 60 days from the pronouncement of judgment; late taxation is incompetent.
Limitation law — Limitation — Bill of costs
— attachment of judgment/decree not mandatory
— Item 21 Part III First Schedule Law of Limitation Act
— taxation proceedings filed out of time are incompetent
26 November 2015
An execution order is not appealable absent statutory provision and omission to attach the impugned order renders the appeal incompetent.
Land law — Land law/procedure — appealability of execution orders
— Civil Procedure Code
— right of appeal is statutory
26 November 2015
A police ban on funeral gatherings without hearing breached freedom of worship and natural justice; court quashed the order.
Judicial review
— freedom of worship and assembly
— limits of police powers under public order and public health grounds
— Police prohibition of funeral gatherings
— proportionality and duty to facilitate safe ceremonies
26 November 2015
Whether the defendant’s Written Statement of Defence was filed in time and whether defective service or lack of leave mandates ex‑parte hearing.
Civil procedure — consequences of non‑compliance — ex parte proceedings
Civil procedure — Order VIII Rule 1(2) CPC — time for filing written statement of defence
Civil procedure — Service of summons
— proviso permitting extension within 21 days
— validity and date from which time runs
26 November 2015
A sale contract was frustrated by a government claim; plaintiff entitled to refund of deposit with interest.
Civil procedure — Interest and costs — interest fixed (3% pre-judgment; 7% post-judgment) and defendant ordered to pay half costs
Civil procedure — Remedies
— restitution
— Specific performance declined where contract frustrated and delay extensive
Contract law
— frustration of contract — Third-party governmental claim (Tanzania Building Agency) frustrating performance
— Sale of land
26 November 2015
A request to transfer a Primary Court criminal matter to enable advocate representation is a sufficient ground for transfer if the receiving court has jurisdiction.
Criminal law — Magistrates' courts act s.33(1) — prohibition of advocates in Primary Courts
Criminal law — s.47(1)
— appellate review of exercise of discretion to refuse transfer
— right to legal representation
— transfer of proceedings
26 November 2015
Whether Ward Tribunal coram under Cap 216 (s11 v s14) was proper; court finds coram satisfied and dismisses appeal.
Land law — Land disputes courts act (cap 216) — Ward Tribunal composition
26 November 2015
Court held Section 11 governs Ward Tribunal adjudication coram; appeal dismissed for lacking merit.
Land law
— Land disputes courts act (cap 216) — Ward Tribunal composition — mediation — coram requirements
— procedural irregularity — raising new ground at hearing without leave
— Review of tribunal records — compliance with statutory coram and women representation
26 November 2015
Stay of execution dismissed for defective affidavit and because no appeal was pending under Order XXXIX r.5(1).
Civil procedure
— security for costs — required at grant stage, not filing
— Stay of execution — requirement of appeal pending before stay application
26 November 2015
25 November 2015
Conviction quashed where eyewitness contradictions, missing witnesses and delayed medical report created reasonable doubt.
Criminal law — Rape — Proof beyond reasonable doubt
— conviction quashed
— delayed medical examination limiting probative value of injuries
— Inconsistencies in eyewitness testimony
25 November 2015