|
Citation
|
Judgment date
|
| October 2018 |
|
|
Appeal allowed: sale not proven—documents unsigned/unstamped and no authorization, so respondent not shown to be lawful owner.
Land law – proof of sale – adequacy and authenticity of written agreements, signatures and stamps; contract formation – requirement of free consent, consideration and appropriate formalities (Law of Contract Act, s.10); agency/authorization – necessity of power of attorney to bind principal; appellate procedure – inadmissibility of new issues on appeal; locus in quo inspection not required in pure contract disputes.
|
25 October 2018 |
|
|
25 October 2018 |
|
Defendants must apply to set aside an ex‑parte decree under Order IX r.13(1); ex‑parte judgment was properly entered where no defence was filed.
Civil procedure – ex‑parte judgment – defendants’ failure to enter appearance after case closed – tribunal entitled to pronounce ex‑parte judgment; Civil procedure – remedy – setting aside ex‑parte decree under Order IX r.13(1) Civil Procedure Code is appropriate remedy, not appeal; Evidence – procedural defects and afterthought complaints (interpreter relatedness, assessors’ opinions) must be raised with supporting record and not merely on appeal.
|
25 October 2018 |
|
The applicant’s leave to appeal was dismissed for failing to show sufficient reasons or contentious issues of law.
Civil procedure – leave to appeal – requirement of contentious issue of law or fact fit for Court of Appeal’s consideration; restoration of appeal – sufficiency of reasons for non-appearance; affidavit versus counter-affidavit – hospital evidence rebutting claimed illness.
|
25 October 2018 |
|
Court granted extension of time to incarcerated applicants to file notice of appeal and lodge an appeal after a defective notice.
Criminal procedure – extension of time to file notice of appeal and appeal – sufficient cause – effect of incarceration and awaiting copies of judgment – prior striking out for defective notice does not preclude extension.
|
24 October 2018 |
|
|
24 October 2018 |
|
Extension of time granted where applicant's prior appeal and prison restrictions constituted sufficient cause.
Criminal procedure – extension of time – sufficient cause – prior appeal struck out due to defective notice – prison custody restrictions – reasonableness of delay – timelines for notice and appeal.
|
24 October 2018 |
|
Delay in obtaining judgment copies and alleged illegality justified extension of time for the applicant to appeal.
Extension of time – Law of Limitation Act s.14(1); delay in supply of judgment copies as sufficient cause where appellate counsel was not in conduct; illegality/uncertainty in impugned judgment as special ground for enlargement of time; authorities: Devran Valambia; NBC v Mahmood Chibango Mhina; Motor Vessel Sepideh.
|
24 October 2018 |
|
Application for extension of time dismissed for failing to adequately account for delay or substantiate reasons in affidavit.
Extension of time – Law of Limitation Act s.14(1) – discretion to extend time requires sufficient reasons – applicant must account for each day of delay and adduce reasons in affidavit – financial hardship alone not ordinarily sufficient.
|
24 October 2018 |
|
Ownership of cattle alone cannot sustain a malicious-damage conviction absent proof of willful conduct.
Criminal law – Malicious damage of property – proof of willful and unlawful causation required; Ownership of property (cattle) insufficient to sustain conviction; Statement amounting to admission of ownership is not necessarily a confession under s.57 Evidence Act; Appeal allowed and conviction quashed.
|
24 October 2018 |
|
Court granted extension of time to file notice of appeal and appeal due to prior prosecution and awaiting copies.
Criminal procedure – extension of time to lodge appeal – sufficient cause – bona fide prosecution of prior appeal – delay awaiting copies of judgment and proceedings – incarceration as relevant factor – time fixed for filing notice and appeal.
|
24 October 2018 |
|
A statutory regulatory forum for regulated services ousts ordinary court jurisdiction unless no adequate remedy exists there.
Jurisdiction – statutory complaints forum (s.40–41 of the Act) for regulated services – special forum ousts subordinate courts unless no remedy available; impleading to circumvent statutory bar; remedies include refunds and specific performance; appeal to Tribunal under s.42(2).
|
23 October 2018 |
|
A defective charge and unauthorised alteration of accused’s particulars render conviction and forfeiture orders nullity.
Criminal procedure – Charge sheet must disclose specific statutory paragraph to give reasonable information of offence – Failure to specify paragraph of s.31A(2) Immigration Act renders charge incurably defective; Una uthenticated handwritten alteration/substitution of accused’s name without court order breaches amendment procedure (s.234 CPA) and vitiates proceedings; Forfeiture of property should follow proper application and hearing (s.392A CPA) and not be made suo motu.
|
23 October 2018 |
|
Oral testimony alone, without documentary transfer, cannot displace a registered title or establish ownership by bequest.
Land law – ownership dispute over registered land – sufficiency of oral evidence to prove bequest and transfer of ownership without documentary proof. Evidence – inconsistencies in witness testimony and the probative value of oral declarations versus registered title. Probate – effect of estate administration and beneficiary status on competing ownership claims.
|
23 October 2018 |
|
An application for stay of execution was dismissed as time-barred where the supporting affidavit failed to disclose a prior stay application.
Civil procedure – stay of execution – application under section 95 CPC where no express CPC provision exists for stay pending extension-of-time to file notice of appeal. Limitation – Law of Limitation Act – time-barred applications and exclusion of time where earlier proceeding prosecuted in good faith; necessity to disclose prior proceedings in affidavit. Evidentiary requirements – submissions cannot supply factual matters absent from supporting affidavit.
|
23 October 2018 |
|
Delay caused by waiting for a competent court's leave to appeal did not justify extension of time to seek taxation of costs.
• Limitation of actions — extension of time to file taxation of costs — section 14(1) Law of Limitation Act.
• Computation of limitation — section 21(1) Law of Limitation Act — exclusion of time when prosecuting another proceeding in an incompetent court (jurisdictional defect).
• Sufficiency of cause for extension — lapses, inaction or negligence do not constitute sufficient cause.
• Application for leave to appeal prosecuted in a competent court does not suspend or exclude limitation period for taxation.
|
23 October 2018 |
|
|
23 October 2018 |
|
The applicant was granted leave to defend under Order XXXV due to bona fide issues over property valuation.
Civil Procedure – Order XXXV Rule 3(1)(b) & (2) CPC – leave to defend in summary suit; bona fide defence required; disputed valuation of suit property as triable issue; filing timeframe; no order as to costs.
|
23 October 2018 |
|
A preliminary objection based on disputed facts about title is premature and cannot succeed without a trial.
Civil procedure – Preliminary objection; Misjoinder of necessary party – objection based on disputed title facts; Mukisa Biscuit principle – preliminary objections decided on assumed truth of plaint; factual disputes require trial.
|
23 October 2018 |
|
Evidence proved the 1st accused caused death but absence of malice reduced conviction to manslaughter; 2nd accused acquitted.
Criminal law – Homicide: death by severe head injury (postmortem evidence) – Visual identification: Waziri Amani factors applied – Alibi raised without notice: weight assessed and may be corroborated – Distinction between murder (malice aforethought) and manslaughter where intention to kill is doubtful – Reliance on statements: documentary evidence must be tendered.
|
23 October 2018 |
|
Circumstantial evidence and a voluntary extra‑judicial statement supported conviction of the accused for murder.
Criminal law – murder – elements: death, unlawful act, identity of perpetrator, malice aforethought. Evidence – circumstantial evidence: when it can irresistibly point to guilt. Evidence – extra‑judicial/confessional statement: trial‑within‑a‑trial, voluntariness, corroboration and weight. Identification – identification parade with child witnesses and compliance with Police General Orders. Evidential issues – materiality of minor contradictions.
|
23 October 2018 |
|
Court recognised presumed marriage by long cohabitation; upheld custody with respondent and placed house under respondent for children’s maintenance.
Family law – presumption of marriage under section 160 Law of Marriage Act – cohabitation and reputation as husband and wife. Child welfare – custody and maintenance – paramountcy of best interests; duty to pay school fees (s.129 LMA) and Law of the Child. Property division – proof of ownership required; interim supervision of dwelling for children’s maintenance. Procedural relief – court may hear lay appellant despite improper appeal form under Article 107A.
|
23 October 2018 |
|
Applicant granted unconditional leave to defend where summary suit on dishonoured cheques raised bona fide triable issues and no binding guarantee existed.
Civil Procedure – Order XXXV rule 3(1)(a)(b) – summary procedure – leave to appear and defend – dishonoured cheques – proof of consideration – bona fide triable issues – letter of undertaking vs guarantee – payment into court and sham defence.
|
23 October 2018 |
|
Wrong citation of Court of Appeal Rules rendered the High Court application for extension of time and leave to appeal incompetent.
Civil procedure – extension of time to apply for leave to appeal – Proper enabling provision is section 11(1) Appellate Jurisdiction Act – Wrong citation of Court of Appeal Rules (Rule 10) renders High Court application incompetent and liable to be struck out. Leave to appeal contingent upon valid enlargement of time.
|
23 October 2018 |
|
Plaintiff’s failure to procure witness for cross‑examination led to striking of evidence and dismissal for want of prosecution.
Commercial Division procedure – Rule 56(1) & (2) HCC (Commercial Division) Procedure Rules, 2012 – duty to procure witness for cross-examination – striking out witness statement – dismissal for want of prosecution.
|
22 October 2018 |
|
A joint affidavit sworn without co-deponents' consent and across differing religions is incurably defective, warranting striking out the application.
Affidavit — joint affidavit — competence — requirement of consent/endorsement by co-deponents — religious conformity of joint deponents — preliminary objection on point of law — striking out for incurably defective affidavit.
|
22 October 2018 |
|
An interlocutory injunction application grounded on an incurably defective affidavit for lack of proper verification is incompetent and dismissed.
Civil procedure – interlocutory injunction – application must be supported by a properly verified affidavit in accordance with Order XIX Rule 3(1) CPC. Affidavit verification – deponent must verify facts within own knowledge; failure renders affidavit incurably defective and may defeat competence of the application. Preliminary objection – notice of preliminary objection need not cite an enabling provision but may raise points of law; procedural liberalism does not excuse fundamental evidential defects. Constitution (Article 107A(2)(e)) – court should avoid undue technicalities but cannot overlook defects that go to the root of evidence.
|
22 October 2018 |
|
A registry's procedural lapse in publishing a probate citation was held trivial; letters of administration were granted.
Probate law – citation publication – irregularity in Registrar publishing citation without Judge’s order under section 73 – procedural defect; Substantial validity – trivial irregularity that does not vitiate proceedings when purpose of citation fulfilled; Letters of administration – grant where citation period expired and no caveat filed.
|
22 October 2018 |
|
The appellant's greater contributions and childcare justified increasing her share of the matrimonial house to 55%.
Family law — Division of matrimonial assets — Section 114 Law of Marriage Act — consideration of monetary and non-monetary contributions; children's welfare as contribution; valuation, priority to purchase and sale by auction.
|
22 October 2018 |
|
Court dismissed the plaintiff’s suit for failure to prosecute under Rule 31(1)(a) and awarded costs to attending defendants.
Civil procedure – failure to prosecute – dismissal under Rule 31(1)(a) of High Court (Commercial Division) Procedure Rules GN.250/2012; Pre-trial procedure – repeated non-appearance at final pre-trial conference; Costs – awarding costs to attending defendants where plaintiff defaults after mediation fails.
|
22 October 2018 |
|
Court may use s.14(1) Law of Limitation to extend time to seek extension of suit lifespan after Rule 32(3) period.
Civil procedure — limitation — s.14(1) Law of Limitation Act — extension of time to apply for extension of suit lifespan after Rule 32(3) period; Rule 32(3) Commercial Rules — scope and limits; sufficient cause — promptness, explanation, diligence; suo motu extension in interest of justice.
|
22 October 2018 |
|
Section 14(1) permits extension of time to apply for lifespan where respondent-caused delay warrants extension suo motu.
Commercial procedure – extension of lifespan of suit – Rule 32(3) limitation to initial 10–12 months – Section 14(1) Law of Limitation Act permits extension of time after Rule 32(3) period – "sufficient cause" assessed by promptness, explanation and diligence – delay caused by respondent may justify extension – court may act suo motu in interest of substantial justice.
|
22 October 2018 |
|
Applicant failed to show sufficient cause or account for delay; extension of time to appeal denied and application dismissed with costs.
Land law – extension of time to appeal – necessity to show good/sufficient cause and account for each day of delay; submissions are not evidence. Civil procedure – exercise of judicial discretion to extend time – Bushiri principle applied. Evidence – affidavit must contain material facts to justify extension; blaming registry or financial hardship insufficient.
|
19 October 2018 |
|
Plaintiff entitled to withheld contractual sums and Tsh 10,000,000 damages; no order as to costs.
Contracts — payment for completed public works — entitlement to withheld sums upon certificate of handing over; Retention — legitimacy and sufficiency of retention to secure remedy for alleged defect; Evidence — weight of Regional Engineer's recommendation; Remedies — damages awarded in lieu of claimed market-value uplift and interest; Procedure — ex parte judgment where defendants abscond and fail to prosecute their defence.
|
19 October 2018 |
|
Appeal struck out because the Notice of Appeal was filed in the wrong court, so the High Court lacked a properly constituted appeal.
Criminal procedure – Notice of Appeal – competency – Notice filed in District Court instead of High Court renders appeal not properly before High Court and liable to be struck out. Criminal procedure – conviction formalities – requirement to state statutory basis when convicting (s.312(2) CPA) and potential curative provision (s.388 CPA) – not adjudicated due to procedural defect. Plea recording – adequacy and clarity of guilty plea and admissions at preliminary hearing – matters left unconsidered.
|
19 October 2018 |
|
Court disallowed late document production and struck out unpleaded portions of the witness statement.
Civil procedure — Late production of documents after final pre-trial and filing of witness statements — Order XIII r.1 CPC — High Court (Commercial Division) Procedure Rules rr.49,50,53 — Striking out unpleaded witness statement paragraphs — List of additional documents filed without leave struck out.
|
19 October 2018 |
|
Extension of time granted for appeal due to applicant’s medical incapacity and lack of opposition.
Extension of time – sufficient cause – illness supported by medical report; failure to file counter-affidavit treated as non-opposition; exercise of court’s discretion despite unexplained delay.
|
19 October 2018 |
|
A suit re-litigating issues already disposed by a prior order is barred by res judicata and is an abuse of process.
Civil procedure – res judicata – prior court order disposing the same controversy bars relitigation. Civil procedure – functus officio – court cannot rehear matters already finally disposed. Civil procedure – abuse of process – litigant’s conduct and admissions may justify dismissal. Remedies – execution/enforcement or appeal are proper routes after a final order, not fresh adjudication.
|
19 October 2018 |
|
The plaintiff's claim that the bank unlawfully sold mortgaged property failed; sale was lawful and suit dismissed with costs.
Mortgage enforcement – power of sale and auction sale of mortgaged property Notice under contract – validity of notices to alternative addresses Default – effect of non-payment and review clause not excusing repayment Special damages – requirement of strict proof for claimed business losses Lawfulness of sale – compliance with advertisement and recovery procedures
|
19 October 2018 |
|
Non-joinder of the vendor and failure to visit locus did not vitiate judgment; general damages reduced for lack of justification.
Land law – boundary/encroachment dispute – use of historic user and witness testimony to prove access rights;* Civil procedure – non-joinder and non-calling of a vendor – Order 1 Rule 9 CPC;* Civil procedure – locus in quo inspections only in special circumstances;* Evidence – afterthought challenges to documentary exhibits are not entertained if not raised at trial;* Damages – appellate reduction of general damages where trial court failed to state reasons or evidence supporting the figure.
|
19 October 2018 |
|
Appellate court upheld tribunal finding that appellant obstructed a passageway; measurement claims insufficient to overturn decision.
Land law – right of way/passageway – dispute over open space between two houses and alleged obstruction by wall/window. Evidence – admissibility and weight of documents tendered on appeal but not at trial; burden to tender material evidence at the trial stage. Civil procedure – appellate review – limited scope to overturn trial tribunal’s findings of fact; interference only in exceptional circumstances (omission of material evidence, misdirection). Locus in quo/site visit – purpose of inspection to confirm factual situation, not necessarily to take formal measurements.
|
19 October 2018 |
|
An appellate court cannot decide merits for a party it deems incompetent; defective judgment set aside and remitted for rehearing.
Land disputes – locus standi – competency of court to determine merits after finding lack of mandate; appellate procedure – necessity of specific decree reversing lower court; revisional powers under s.43(1)(b) Land Disputes Courts Act; defective/incomplete judgment.
|
19 October 2018 |
|
A conviction based on an equivocal plea is invalid and the proceedings may be quashed and remitted.
Criminal procedure – Plea-taking – Equivocal/ambiguous plea – Failure to record an unequivocal plea invalidates conviction; High Court may quash proceedings and remit record under revisionary powers (s.373(1)(a)).
|
19 October 2018 |
|
Court allowed late application to seek extension of case lifespan, finding no negligence and no prejudice to respondent.
Civil procedure – Commercial Division – extension of time to apply for enlargement of case lifespan under Rule 32(3) HCCDR, 2012; Discretionary remedy – requirement of sufficient cause; Negligence and lack of opportunity – whether non-appearance before trial judge excused failure to apply; Test for granting extension – prejudice/injustice and case-specific assessment (Mumello; Ruvu Gemstone).
|
19 October 2018 |
|
Failure to call a material witness and a minor’s alleged 1990 acquisition defeated adverse possession; appellant declared owner.
Land law – ownership evidence – capacity of minors to acquire land; failure to call material witness – adverse inference; limitation/adverse possession – possession from 2007 insufficient for 12-year period; appellate review where trial tribunal misapprehends evidence.
|
19 October 2018 |
|
|
19 October 2018 |
|
Delay, non-statutory grounds and lack of evidence defeat application to revoke letters of administration under section 49(1) PAEA.
Probate and Administration – Revocation of letters of administration – Application under section 49(1) PAEA – Delay and failure to account for inordinate delay – Alleged improper filing of oath and defective proceedings not statutory grounds for revocation – Allegation of forged consent without exhibiting document, specimen signatures or expert report – Contradictory affidavits diminish probative value – Application dismissed with costs.
|
19 October 2018 |
|
Defective verification of a plaint is a curable procedural irregularity; dismissal was set aside and amendment ordered.
Civil Procedure – verification clause – Order VI Rule 15(3) CPC – defective verification is a procedural irregularity – cure by amendment or striking out not dismissal; revisionary powers – s.44(1)(b) Magistrates’ Courts Act & s.79 CPC; extension of time – sufficient cause where trial court delayed supplying ruling.
|
19 October 2018 |
|
Appellate court will not disturb ward tribunal credibility‑based land findings absent misdirection or extraordinary circumstances.
Land dispute — appeals — deference to trial tribunal on credibility where ward tribunal conducted site visit; appellate interference permissible only for omission, misconstruction or wrong principle; absence of documentary proof in land claims.
|
19 October 2018 |
|
|
18 October 2018 |