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Citation
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Judgment date
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| December 2016 |
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Court found defamatory statements with no factual basis against a public figure, awarded damages and granted a permanent injunction.
Defamation – public figures – false allegations of criminal conduct – lack of factual basis for fair comment – damages – permanent injunction. |
30 December 2016 |
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Appeal dismissed: claimant’s recovery action time‑barred; long uninterrupted possession supported tribunal’s finding of ownership.
* Land law – adverse possession – long uninterrupted possession by occupant and successor – supports title where competing heirs remain dormant.
* Limitation – accrual of right of action to recover land of deceased runs from date of death; twelve‑year period applies; administrator treated as claiming without interval (s.9(1), s.35 Law of Limitation Act).
* Estates – absence of administration and failure by heirs to appoint administrator or to litigate timely weakens claims against possessory occupants.
* Evidence – burden to prove invitee status or lack of proprietary interest; payment of property taxes and exclusive control weigh in favour of possessor.
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30 December 2016 |
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High Court granted bail in a high-value economic offence subject to deposit, sureties, travel surrender and reporting conditions.
* Criminal procedure – Bail in economic offences – Jurisdiction of High Court under EOCCA – Bail is a right where offences are bailable. * Economic and Organized Crime Control Act (Cap 200) – Sections 36(1), 36(5) and 36(6) – Conditions for release: deposit/immovable property, sureties, bond amounts, surrender of travel documents, reporting obligations.
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30 December 2016 |
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Mislabeling a criminal filing as a Chamber Application is curable; bail granted with conditions for EOCCA offences.
* Criminal procedure – form of application – Chamber Application vs Chamber Summons – applicability of s.392A CPA to Economic and Organized Crimes Control Act matters – curable defect by amendment. * Bail – offences under Economic and Organized Crimes Control Act – bail granted where not opposed – conditions: cash deposit, Tanzanian sureties, surrender of passports, geographic travel restriction.
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29 December 2016 |
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Acquittals upheld where mob violence prevented positive identification of those who damaged the applicant’s property.
* Criminal law – Malicious damage to property – requirement of proof beyond reasonable doubt as to identity of perpetrators; identification in mob situations. * Evidence – assessment of credibility – trial court’s advantage in seeing and hearing witnesses; appellate restraint. * Defence – possibility of self-defence where violent commotion precedes property damage. * Procedure – defective charge referencing incorrect statutory provision; substantive adjudication of elements.
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29 December 2016 |
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Rule 9(2) permits three-judge referral only where a petition is held vexatious or frivolous; incompetence rulings are not so referable.
Constitutional procedure – Basic Rights and Duties Enforcement Rules 2014 – Rule 9(2) referral to three-judge panel limited to petitions held vexatious or frivolous; incompetence decisions not referable.
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28 December 2016 |
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Discrepancies in party names between judgment, decree and appeal memorandum render the appeal incompetent and are struck out.
Civil procedure – Appeal requirements – Order XXXIX Rule 1(1) CPC – Memorandum of appeal must be accompanied by copy of decree and judgment; Discrepancy in party names between judgment, decree and appeal documents; Effect of non-compliance – appeal incompetent and struck out; Appellate supervisory powers vis-à-vis rectification of subordinate court records.
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27 December 2016 |
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Prosecution initiated without probable cause constituted malicious prosecution; plaintiff awarded damages, interest and costs.
* Criminal law – malicious prosecution – elements: prosecution, termination in favour, malice, absence of probable cause, and damage.
* Probable cause – prosecution must reasonably believe accused guilty; mere recent possession in a shop where accused was a keeper was insufficient.
* Discharge under s.225(4) Criminal Procedure Act – where prosecution later proceeds against another person on same facts, the discharge can amount to termination in favour of the accused for malicious prosecution purposes.
* Damages – unlawful detention and reputational/economic harm attract general damages and interest.
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27 December 2016 |
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High Court certified two legal questions on appealability of interlocutory orders and the availability of revision where appeal exists.
* Appellate jurisdiction – section 5(2)(c) Appellate Jurisdiction Act – requirement for High Court certificate where matter originates from Primary Court.
* Civil procedure – appeal vs. revision – whether existence of appeal precludes resort to revision.
* Civil procedure – interlocutory orders – appealability of interlocutory orders and when they may be treated as appealable.
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23 December 2016 |
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A valid DPP certificate under s36(2) EOCCA bars grant of bail until withdrawn or further court order.
Criminal procedure – EOCCA s36(2): DPP’s certificate to deny bail; validity test (written; prejudice to safety/interests; relation to criminal case pending trial/appeal) ; timing of certificate (not premature where High Court has bail jurisdiction under s29(4)(b),(d)); no statutory requirement for detailed reasons; presumption of innocence not automatically breached by denial of bail.
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23 December 2016 |
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Dispute over enforceability and recovery of bank loan facilities secured by guarantees, debentures and chattel mortgages; defendants’ payment proof contested.
Commercial law – recovery of bank loans – enforcement of securities (guarantees, promissory notes, debentures, chattel mortgages) – liability of guarantors – proof of payments and account statements – breach of duty to preserve charged collateral.
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23 December 2016 |
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Appeal allowed: tribunal's ownership finding set aside for failure to evaluate evidence and to give reasons for departing from assessors' opinions.
Land law – ownership v. administration – administrators of different deceased estates; Evidence – duty to evaluate and analyze evidence in judgment; Land Disputes Courts Act s.24 – Chairman to take into account assessors' opinions and give reasons when differing; Requirements for reasons in judgment.
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23 December 2016 |
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Non‑recording or non‑consideration of assessors' written opinions vitiates Tribunal proceedings; retrial ordered.
* Land law – procedure – assessors’ participation – Requirement that two assessors give written opinions and that the chairman take them into account (Sections 23, 24 Cap. 216; Regulation 19(2)). * Non‑compliance with assessors’ opinion requirements renders proceedings a nullity. * Where chairman departs from assessors’ opinions he must give reasons. * Remedy: trial de novo before differently constituted Tribunal.
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23 December 2016 |
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23 December 2016 |
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Failure to give statutorily mandated 14‑day notice before execution vitiated the Tribunal's eviction order; revision quashed.
Land law — Execution of decree — Requirement to give judgment debtor 14 days' notice before execution (Regulation 23(3) & (4), GN 174/2003) — Court Brokers and Process Servers Rules GN 315/1997 — Failure to comply vitiates execution — Revisional power under s.43(1)(b) Land Disputes Courts Act.
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23 December 2016 |
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Applicants impleaded as defendants because resolving breaches of underlying contracts is necessary to determine insurer's liability.
Civil procedure — Order 1 Rule 10(2) CPC — Impleadment of parties — Necessary and proper parties — Dominus litis subject to court's discretion — Performance guarantee bonds — Liability contingent on breach of underlying contracts.
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23 December 2016 |
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Delay in receiving the judgment copy is not sufficient cause to extend time to appeal under section 25 of the Magistrates Courts Act.
Civil procedure — Extension of time — Sufficient cause test — Appeal under s.25(1)(a) Magistrates Courts Act — Time runs from date of decision — Delay in receiving copy of judgment does not constitute sufficient cause.
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22 December 2016 |
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22 December 2016 |
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Whether the Taxing Officer misapplied discretion in taxing instruction fees and disbursements in a commercial suit.
Costs – Taxation – discretion of Taxing Officer – classification of instruction fee versus attendance and disbursements – need for clear breakdown of travel/attendance claims – printing/photocopying as disbursements – appropriate percentage for instruction fee where suit is neither simple nor complex.
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22 December 2016 |
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Plaintiff's land claim dismissed as time‑barred; cause of action dated to 1990s and notice to sue not properly pleaded.
* Limitation of actions – application of Item 22 Part I, Law of Limitation Act – accrual of cause of action determined by plaintiff's knowledge and correspondence; * Government Proceedings – requirement of notice under section 6(2) – necessity to plead and prove compliance on the record; * Civil procedure – preliminary objection on limitation can be decided on pleadings and annexures when dates demonstrate accrual and lapse of limitation period.
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22 December 2016 |
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Rescheduling loan repayments can postpone accrual of cause of action; suit not time-barred where last instalment fell within limitation.
Limitation of actions — Law of Limitation Act — accrual of cause of action on loans — effect of rescheduling/variation of repayment instalments — preliminary objection to time-bar dismissed.
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21 December 2016 |
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An advocate’s mistaken diary entry does not ordinarily amount to sufficient cause to set aside dismissal for non-appearance.
Setting aside dismissal — sufficiency of cause; advocate’s mistake in recording court date; Order IX r.9(1) CPC; Rule 43(2) High Court (Commercial Division) Procedure Rules 2012; distinction from cases of lack of notice or presence in court precincts.
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20 December 2016 |
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An urgency certificate was refused where the arrest warrant was unexecuted and forgery allegations were unproven.
Civil procedure – Certificate of urgency – Urgency must be demonstrated by immediate necessity; mere pendency of a review insufficient. Evidence – Allegation of forgery/fraud – Requires strict proof and ordinarily forensic expert evidence; oral comparison by counsel inadequate. Arrest warrant – Execution status relevant to urgency. Costs – in the cause.
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20 December 2016 |
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Applicant obtained summons to show cause after respondent allegedly removed assets in breach of a clear stay order.
* Civil contempt – disobedience of injunction/stay – proof by affidavit evidence of agents removing assets in reliance on respondent's instructions.
* Evidence – expunged affidavit paragraphs cannot be relied upon; court will disregard submissions based on expunged material.
* Clarity of orders – court orders must be clear and obeyed; ambiguity and non-service do not necessarily negate contempt if counsel was aware.
* Remedy – procedural step to issue show‑cause summons for possible committal to civil prison; costs awarded to successful applicant.
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20 December 2016 |
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Alleged illegality in a decision can justify a limited extension of time to file a notice of appeal.
* Criminal procedure – extension of time – section 361(2) CPA – requirements for ‘good and sufficient cause’ (reason for delay, length of delay, prejudice, arguable points). * Illegality – allegation of illegality in lower court decision can constitute sufficient cause for extension; merits not to be decided at extension stage. * Jurisdiction – effect of notice of appeal on trial court’s jurisdiction and timing of bail conditions. * Diligence – short delay and prompt post-striking conduct weigh in favour of enlargement.
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20 December 2016 |
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Conviction quashed where contradictory evidence, defective seizure record and misapplication of criminal standard of proof occurred.
* Criminal law – proof beyond reasonable doubt – trial court must not decide guilt on balance of probabilities.
* Evidence – contradictions in witness accounts on arrest circumstances undermining prosecution case.
* Evidence – seizure documentation and chain of custody: relevance and timing of seizure certificate (EXP2).
* Criminal procedure – irregularity in framing issues and conducting judgment in contravention of s.312 CPA.
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20 December 2016 |
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The applicant's rape conviction overturned due to unreliable victim testimony and a defective charge sheet.
* Criminal law – Rape of a child – Reliance on sole child witness – Credibility undermined by delay in reporting and imprecision on dates. * Criminal procedure – Charge sheet defects – Alleging separate occasions in one count requires separate counts under s.133(1)–(2) CPA. * Conviction unsafe where evidence is unreliable and procedural defects exist.
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20 December 2016 |
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A misnumbered counter‑affidavit was a curable procedural defect; application could not be treated as uncontested.
* Civil procedure – misnumbered documents – counter‑affidavit bearing wrong application number – whether defect is fatal or curable; * Court’s power to amend or rectify court record – section 97 CPC; * Constitutional guidance to ignore technicalities – article 107A(2)(e); * Security for costs application – procedural compliance and effect of counter‑affidavit; * Costs in the cause.
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20 December 2016 |
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A misnumbered counter-affidavit due to registry error is curable; application not deemed uncontested.
Commercial procedure — counter-affidavit misnumbered — registry/clerical error curable — section 97 CPC — court may amend records — avoid technicalities under article 107A(2)(e) — uncontested application only where no counter-affidavit filed.
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20 December 2016 |
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Service by an unauthorised political party official vitiated tribunal proceedings and required quashing and retrial.
Service of process; Land Disputes Courts Regulations GN 174/2003 — authorised process servers limited to government leaders; service by political party official invalidates proceedings; error remedied by quashing proceedings and ordering retrial under s.43(1)(b).
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20 December 2016 |
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High Court granted bail pending committal/trial under EOCCA, requiring half-value deposit and specified surety conditions.
* Economic and Organized Crime Control Act – s.29(4)(d): High Court jurisdiction to hear bail where value involved is Tshs.10,000,000 or more
* Bail pending committal and trial – balancing accused’s liberty against public interest
* s.36(5) (as amended) – mandatory condition to deposit half the amount involved or equivalent property
* Conditions of bail – cash/property deposit, sureties and bonds, surrender of travel documents, movement restriction, verification of sureties
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19 December 2016 |
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High Court granted bail under s.29(4)(d) EOCCA with mandatory half‑amount deposit and surety conditions pending committal and trial.
* Criminal procedure – Bail – High Court jurisdiction under s.29(4)(d) EOCCA where property involved exceeds TSh 10 million – Bail pending committal and trial. * Bail conditions – Mandatory deposit of half the amount under s.36(5) EOCCA (as amended) – Sureties, bond, surrender of travel documents, restricted movement. * Judicial discretion – Balancing individual liberty against public interest when granting bail.
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19 December 2016 |
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Court accepted the receivers' final report, discharged the receivers, authorized deposit of unclaimed dividends, and declared the company wound up.
Companies Act – Winding up – Receivership report and accounts – Acceptance of creditors' resolutions – Deposit of unclaimed dividends into Court – Closure of bank accounts – Destruction of corporate records – Discharge of receivers – Declaration of winding up.
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19 December 2016 |
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High Court has jurisdiction to hear bail where value exceeds Tshs.10m; bail granted with mandatory half-value deposit and conditions.
Economic crime bail — High Court jurisdiction under s.29(4)(d) EOCCA where value ≥ Tshs.10m; bailable offences; mandatory half-value deposit under s.36(5) EOCCA; sureties, surrender of travel documents, reporting and appearance conditions.
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19 December 2016 |
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Omission to record Ward Tribunal members at hearing/locus visit is a fatal irregularity; proceedings and appeal quashed, rehearing ordered.
Land law — Procedure — Ward Tribunal composition — Failure to list members and record attendance at hearing/locus visit — Fatal irregularity rendering proceedings and subsequent appeal null and void; order for rehearing before different members.
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19 December 2016 |
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Failure to plead mandatory statutory notices and to obtain leave for a representative suit rendered the action incompetent and was struck out.
* Civil procedure – Statutory Notices to sue government – Government Proceedings Act s.6(2) and Local Government (Urban Authorities) Act s.106 – mandatory requirement and need to plead service of Notices in the plaint.
* Civil procedure – Representative suit – Order I Rule 8 CPC – leave to sue on behalf of others required before instituting suit; pending application for leave not retrospective.
* Relief – procedural non-compliance leads to striking out of suit; no order as to costs.
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19 December 2016 |
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Conviction quashed for defective charge (wrong statute) and failure to prove theft; seized wheat ordered returned.
* Criminal law – charge drafting – wrong statutory citation (s.311 cited instead of s.312(1)) – effect on prosecution's burden and conviction.
* Possession of suspected stolen property – distinction from theft where owner known – burden shifts to accused under s.312(1).
* Procedural irregularity – miscarriage of justice – quashing conviction and setting aside sentence; retrial declined.
* Exhibits – restoration of seized property or equivalent value to accused where seizure and conviction vitiated.
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16 December 2016 |
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16 December 2016 |
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The applicant bank recovers unpaid overdraft; the respondents (guarantors and estate) held jointly and severally liable.
Commercial law – Overdraft facility – Credit Facility Agreement as proof of loan; Guarantees and Indemnities – enforceability against guarantors and estate administrators; Mortgage of matrimonial home – spouse consent allegation and forgery defence; Non‑payment – evidence of arrears; Joint and several liability; Post‑judgment interest (7%) and costs.
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16 December 2016 |
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Time to obtain a copy of judgment excluded when computing limitation; appeal held to be timely and objection overruled.
* Civil procedure – appeals from District Land and Housing Tribunal – computation of limitation period – Law of Limitation Act s19 (exclusion for time to obtain copy of judgment and decree).
* Applicability of Civil Procedure Act (Order XXXIX r.1(1)) where Land Disputes Courts Act is inadequate (s51(2)).
* Preliminary objection on time limitation: appeal held to be timely.
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16 December 2016 |
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The plaintiff's slip in a warned, non-public corridor did not establish the defendant's negligence; claim dismissed with costs.
* Occupier’s liability – premises liability – duty to keep premises safe – warning signs and visitor notice as a defence to occupier negligence. * Causation and standard of proof – onus on plaintiff to prove defect caused accident; balance of probabilities. * Contributory circumstances – visitor in a hurry and using a non-public route. * Insurance – public liability coverage and ex gratia payments without admission of liability.
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16 December 2016 |
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Court granted probate, finding the Upanga house part of the estate and the 2005 will valid despite caveator's objections.
* Probate – validity of will – will dated 6/12/2005 held valid where properly drafted and witnessed; forensic comparison to remote signature unreliable.
* Property law – registered title and sale agreement prevail over informal family distribution; family agreement did not effect legal transfer.
* Possession – occupation by family members did not constitute adverse possession or defeat registered ownership.
* Caveat – objections based on forgery, incapacity and nondisclosure insufficient to prevent grant of probate.
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16 December 2016 |
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Public procurement rules permit withholding payment until defects are remedied and a final completion certificate is produced, so contractor’s award was quashed.
* Public Procurement – Contracts for works – obligation to complete to required standard and to obtain Final Completion Certificate before final payment. * Public Procurement Regulations 2005 (GN No.97) – Regulation 123(1)-(5) – monitoring, certification, retention, withholding payments and calling performance security for defective or incomplete works. * Contract law – parties’ contractual obligations re payment tied to certified completion; burden of proof of handover. * Remedies – appellate court quashes trial award where statutory/procedural requirements for payment not satisfied.
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16 December 2016 |
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Appellants’ challenge to hearsay evidence and locus standi failed; respondent permitted to sue and claim was time-barred; appeal dismissed.
* Land law – ownership dispute – evidence of purchase through third party and long possession – limitation bar.
* Evidence – hearsay – admissibility in District Land and Housing Tribunal under section 51(1)(a) of the Land Disputes Courts Act.
* Procedure – representation by Power of Attorney/representative permitted in District Land and Housing Tribunal (Reg.13(1)).
* Locus standi – right to sue for declaratory and nullification orders where cause of action and reliefs properly pleaded.
* Limitation – long uninterrupted possession by family barred appellants’ redemption claim under Law of Limitation.
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16 December 2016 |
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Extension to file witness statements must be sought under section 95 CPC, not section 14 of the Limitation Act.
* Civil procedure — extension of time to file witness statements — Rules (High Court Commercial Division) r.49(2) prescribes time but is silent on recourse. * Limitation law — s.14 Law of Limitation inapplicable to filing witness statements; applies to appeals/applications only. * Civil Procedure Code — s.95 (inherent powers) proper basis for extension to file witness statements out of time. * Mis-framed applications — application filed under wrong provisions is struck out; generic "any other enabling provision" cannot save it.
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16 December 2016 |
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Section 14 Limitation is inapplicable to extending time for witness statements; section 95 CPC is the correct basis.
* Civil procedure – extension of time to file witness statements – High Court (Commercial Division) Procedure Rules rule 49(2) prescribes filing time but not extensions; rule 2(1) refers lacunae to the CPC; section 95 CPC (inherent powers) is the proper basis; section 14 Law of Limitation inapplicable; applications under wrong provisions are struck out; "any other enabling provisions" insufficient.
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16 December 2016 |
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Leave granted to appeal whether Order XXXV r.3(1)(b) or r.3(1)(c) governs leave to defend a summary suit.
Civil Procedure — summary suits — leave to appear and defend under Order XXXV r.3(1)(b) v r.3(1)(c) CPC; Appealability — interlocutory v final orders; Leave to appeal — requirement of prima facie grounds meriting Court of Appeal's attention; Court's discretion to grant leave without deciding merits of intended appeal.
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16 December 2016 |
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A date discrepancy between a Chamber Summons and its supporting affidavit is a curable slip; amendment allowed.
Commercial Division – Chamber Summons – discrepancy between date on Chamber Summons and supporting affidavit – whether incurable defect – amendment permitted – error held to be an accidental slip – reliance on Article 107A(2)(e) Constitution and authority on amendment of notices of motion.
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16 December 2016 |
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A clerical date mismatch between a Chamber Summons and its supporting affidavit is a curable defect amendable by the court.
Civil procedure – Chamber Summons and supporting affidavit – clerical date discrepancy – whether incurable defect; amendment of procedural documents; discretion to allow amendment where no prejudice.
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16 December 2016 |
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Expiry of an assigned Speed Track does not automatically oust jurisdiction; court may extend scheduling order to serve justice.
Civil procedure - Speed Track/Case scheduling under Order VIIIA CPC - expiry of assigned Speed Track does not automatically oust jurisdiction or mandate dismissal; court may extend or amend scheduling order suo motu or on application; procedural rules are handmaid not mistress; Article 107A(2)(e) Constitution invoked; High Court (Commercial Division) Procedure Rules 2012 inapplicable to suits instituted before them.
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16 December 2016 |