|
Citation
|
Judgment date
|
| December 2019 |
|
|
Unfair termination upheld; court reduced and revised excessive, unreasoned monetary awards by the CMA.
Labour law – unfair termination – procedural and substantive fairness; Remedies under s.40 Employment and Labour Relations Act – compensation; General and special damages – requirement of proof and justification; Need for reasoned awards by arbitrators; Revision of excessive arbitration awards.
|
31 December 2019 |
|
Leave to appeal granted where proposed grounds show reasonable prospects and disturbing features needing Court of Appeal guidance.
* Appellate procedure – Leave to appeal under s.5(1)(c) Appellate Jurisdiction Act – test: reasonable prospects of success or disturbing features requiring Court of Appeal guidance.
* Civil procedure – award of interest – whether appellate court may grant interest not raised in memorandum of appeal and without hearing.
* Contract law – interpretation and effect of loan agreement clause on borrower’s duty to notify lender of events affecting repayment (e.g., theft).
|
31 December 2019 |
|
Appeal allowed where trial tribunal failed to evaluate appellant's village-allocation evidence and respondent did not prove source of title.
Land dispute; proof of title in village/customary land; failure to call material witness; nemo dat quod non habet; duty to evaluate evidence; appellate intervention where trial tribunal misapplies credibility and evaluation principles.
|
31 December 2019 |
|
Appeal dismissed: child witness competency and medical evidence sufficed; DNA unnecessary, relatives’ testimony acceptable.
Criminal law – Child witness competency – voire dire doctrine replaced by competency inquiry; PF3 admissibility – DNA not always necessary; relatives as witnesses – credibility test; accused’s right to be addressed on case to answer; conviction for unnatural offence upheld.
|
31 December 2019 |
|
Respondent’s possession of allegedly forged documents required a trial, not a no-case-to-answer acquittal.
Criminal law – Forgery and uttering false document – Prima facie case – Possession of allegedly forged public documents as basis to call accused to open defence – Role of documentary discrepancies and witness evidence – Absence of handwriting expert not necessarily fatal.
|
31 December 2019 |
|
A temporary injunction requires a pending suit and compliance with statutory pre-suit notices; application dismissed.
* Civil Procedure – Temporary injunction – Requirement of a pending main suit before granting interlocutory injunction – Order XXXVII, Rules 1 & 2 CPC.
* Government Proceedings – Pre-suit notice – 90-day notice to Attorney General under section 6(2) Government Proceedings Act.
* Local Government – Pre-suit notice – 30-day notice to Municipal Council under section 190(1) Local Government (District Authorities) Act.
* Competence – Chamber summons for injunction where statutory notices and pending suit absent – application incompetent.
|
31 December 2019 |
|
Delay awaiting court‑supplied certified copies constituted sufficient cause for an extension to seek leave to appeal.
* Civil procedure – Extension of time – Application under s.11(1) Appellate Jurisdiction Act – applicant must show sufficient cause.
* Extension criteria – Lyamuya guidelines: account for delay; not inordinate; diligence; point of law/illegality.
* Delay caused by awaiting court‑supplied certified copies of proceedings, ruling and drawn order can constitute sufficient cause.
* Alleged illegality in the impugned decision is not ordinarily determined at the extension stage.
|
31 December 2019 |
|
Appellate court quashed rape conviction due to circumstantial gaps and reasonable doubt despite competent child identification.
* Criminal law – Rape – Evidence of a child witness – Voir dire and competence under section 127(2) Evidence Act.
* Criminal law – Circumstantial evidence – requirement for corroboration and temporal clarity.
* Medical evidence – presence/absence of sperm/discharge and its probative value.
* Burden of proof – prosecution must prove guilt beyond reasonable doubt; gaps create reasonable doubt.
|
31 December 2019 |
|
Buyer entitled to restitution and damages where seller failed to clear and deliver vehicle; unsupported daily loss award quashed.
* Contract law – Sale of goods (motor vehicle) – failure to clear and deliver – breach of contract. * Remedies – restitution in integrum under section 73 Law of Contract Act; damages and interest. * Evidence – requirement of proof for loss of use awards; unsupported daily compensation quashed.
|
31 December 2019 |
|
Desire or ability to engage counsel does not justify transferring a Primary Court matrimonial proceeding.
* Civil procedure – Transfer of proceedings under Magistrates' Courts Act s47 – wish to engage counsel or financial ability is not good/ sufficient cause to transfer. * Jurisdiction – Law of Marriage Act s76 and Civil Procedure Code s13 – matters must be instituted in the lowest competent court. * Transfer is for preventing miscarriage of justice, not for accommodating a party's desire for legal representation.
|
31 December 2019 |
|
Non‑compliance with child‑witness safeguards and unreliable corroboration rendered the rape conviction unsafe.
* Evidence — Child witness — Section 127(2)–(3) Evidence Act — non‑compliance vitiates testimony and necessitates corroboration.
* Corroboration — Interested witness/hearsay — cannot safely corroborate child’s evidence.
* Medical evidence — Absence of hymen not conclusive proof of rape.
* Criminal appeal — unsafe conviction — conviction quashed.
|
31 December 2019 |
|
Preliminary objections to a bill of costs dismissed; substituted advocate properly served and objections lacked merit.
Advocates Remuneration Order (G.N. 264/2015) – Order 55(4) – Bill of costs – Proper naming and service of advocate – Substitution of counsel – Competence to be taxed – Preliminary objections dismissed with costs.
|
31 December 2019 |
|
Appellant acquitted where cautioned statement expunged and lone nighttime visual identification found unreliable.
* Criminal law – Arson: sufficiency of identification and admissibility of confession.
* Evidence – Cautioned statement: inadvisable for arresting/investigating officer to record confession; such statements may be expunged.
* Evidence – Visual identification at night: witness must give detailed aids to identification (source of light, proximity, duration, description).
* Standard of proof – prosecution must exclude reasonable doubt; where confession is expunged and ID unreliable, conviction cannot stand.
|
31 December 2019 |
|
Applicant’s medical treatment constituted sufficient cause; court granted extension to file appeal under s.14(1) Law of Limitation Act.
Extension of time – s.14(1) Law of Limitation Act – application may be made before or after prescribed period; Lyamuya criteria apply; Law of Marriage Act silent on extensions – general limitation law governs; ill-health/medical treatment can constitute sufficient cause for delay.
|
31 December 2019 |
|
Review dismissed where alleged board resolution was unpleaded, unmarked and of doubtful authenticity, so counterclaim rightly struck out.
Review — apparent error on face of record — requirement that documents relied on must be pleaded and properly marked as annexures; corporate authority — board resolution must be authentic and properly before the court to support a counterclaim; standards for review under section 78(1) and Order XLII CPC.
|
31 December 2019 |
|
Applicant's review dismissed where alleged board resolution in WSD was unpleaded, unmarked and unauthenticated.
* Civil procedure — Review under section 78(1) and Order XLII — apparent error on face of record.
* Company/representation — requirement of board resolution or authority for a company to sue or counterclaim.
* Pleadings — necessity to plead and properly mark annexures; authentication of documentary exhibits.
* Review standard — court will not revisit findings where documents are unpleaded, unmarked or unauthenticated.
|
31 December 2019 |
|
Applicant granted 30-day extension to file appeal after diligent attempts to obtain judgment copies caused the delay.
* Civil procedure — Extension of time to appeal — Application under s.14(1) Law of Limitation Act and Order XXI r.24(1) CPC — Requirement of sufficient cause and exercise of judicial discretion (Mumello v Bank of Tanzania).
* Delay caused by inability to obtain judgment/records — diligence in following up as sufficient cause.
* Omnibus applications — court may ignore unrelated relief (stay of execution) and decide only on extension.
* Costs to abide the outcome of the intended appeal.
|
31 December 2019 |
|
Bank's claim and defendants' counterclaim dismissed for failure to prove indebtedness and special damages.
Contract law – Lease and hire-purchase/credit facilities; lender repossession and retention of insurance indemnity; requirement to replace insured asset. Proof of debt – necessity to specify principal, interest, payments and proceeds; special damages must be specifically pleaded and proved (O. VIII r.14(2)(a) Civil Procedure Code). Counterclaim – refund of down payment and insurance premiums; failure of proof. Remedy – dismissal where both plaintiff and defendant fail to prove their claims.
|
31 December 2019 |
|
Bank breached lease by retaining insured vehicle and failed to prove precise outstanding debt; counterclaim unproven.
• Contract/Lease – breach by lender for retention/failure to restore insured vehicle; effect on lessee's performance. • Repossession – wrongful taking during subsisting lease where lender defaulted in obligations. • Evidence – requirement to specifically prove special damages and to quantify outstanding debt. • Counterclaim – refund claims must be specifically proved; absence of particulars defeats relief.
|
31 December 2019 |
|
Alibi notice must precede prosecution; reliable daytime visual identification can sustain conviction for defilement of an imbecile.
Criminal law – Defilement of an imbecile – Visual identification evidence – Standards for reliance on eyewitness identification; Criminal Procedure Act s.194(4)–(6) – Requirement to give notice of alibi before prosecution case; Role of medical evidence in proving penetration and victim's mental incapacity.
|
31 December 2019 |
|
An extension to file a certificate of points of law requires the applicant to specify the points; failure to do so warrants dismissal.
* Appellate procedure – extension of time – application under s.11(1) Appellate Jurisdiction Act – requirement to state points of law for certification; * Procedure – extension and certification to be argued together; * Legal representation – advocate’s error does not cure applicant’s duty to specify points of law.
|
31 December 2019 |
|
A payroll agent who failed to remit statutory deductions was liable to reimburse the principal for amounts paid to authorities.
Contract law – payroll/agency agreement – failure to remit statutory deductions constitutes breach; unpaid statutory remittances recoverable by principal; allegation of late funding does not excuse non-remittance where agent received funds; unsigned draft agreement not enforceable as contract.
|
30 December 2019 |
|
Appellant failed to prove ownership; court upheld tribunal finding that respondent lawfully owns the disputed land.
Land law – ownership dispute – burden of proof in civil claims – party alleging ownership must prove on balance of probabilities; tribunal’s duty to analyze evidence; validity of land allocation where claimant failed to pay agreed compensation.
|
30 December 2019 |
|
A party cannot re‑raise a preliminary objection already decided by the same court; matter proceeds to taxation on merits.
Costs — taxation of bill of costs — amendment of bill — validity of amendments — preliminary objection — res judicata and functus officio — Deputy Registrar’s prior ruling binding — remedy by reference to Judge.
|
30 December 2019 |
|
Extension of time granted where the applicant promptly acted and showed sufficient cause after learning of the judgment by execution notice.
Limitation — extension of time under Section 14(1) Law of Limitation Act — 'sufficient cause', diligence and promptness — discovery of judgment via execution notice — earlier incompetent application and immediate refiling.
|
30 December 2019 |
|
Applicant failed to prove procedural irregularity; ex-parte ruling not set aside, application dismissed with costs.
Procedure — Setting aside ex-parte ruling — Order IX r.13 CPC; Evidence — burden on party alleging procedural irregularity; Need for affidavit or corroborating evidence (e.g., court clerk); Failure to appear/advocate negligence not automatically sufficient to set aside ex-parte order.
|
30 December 2019 |
|
High Court dismissed an incompetent revision filed instead of an appeal, noting revisional jurisdiction is limited and legal aid exists.
Civil procedure — Revisional jurisdiction — Competence of revision where right of appeal exists — Locus standi of non‑party — Financial inability and legal aid (Legal Aid Act s.21(1)) — Alleged attachment of matrimonial/residential property not adjudicated due to procedural incompetence.
|
27 December 2019 |
|
Court revoked administrator’s grant where a later petition was filed while an earlier petition was pending and documents were fraudulent.
* Probate law – Letters of administration – Revocation where a later petition is filed while an earlier probate proceeding is pending (res sub judice). * Validity of supporting documents – Allegations of fraud/fabrication in meeting minutes as ground to vitiate a grant. * Caveat and priority of petitions – earlier petition has priority over subsequent filings.
|
27 December 2019 |
|
A court may review its judgment on admission where an apparent error exists because alleged admissions were ambiguous.
* Civil procedure – Review under Order XLII(1)(b) – sparing exercise; mistake apparent on the face of the record required for review. * Judgment on admission – requires clear, unambiguous admissions and compliance with scheduling orders. * Functus officio – judge may review own decision where an apparent error is discovered. * Use of persuasive foreign authorities permissible if consistent with domestic law.
|
27 December 2019 |
|
District Court had jurisdiction over a lease-investment dispute; general damages reduced from Tshs 80M to Tshs 50M.
* Civil procedure – jurisdiction – commercial dispute arising from lease – District Court’s jurisdiction under Magistrates’ Courts Act s.40(3).
* Civil procedure – pecuniary jurisdiction – commercial vs land jurisdictional limits.
* Evidence – documentary exhibits – procedural endorsement not fatal where authenticity undisputed.
* Damages – general damages must be fair, not punitive or for enrichment; appellate reduction of excessive awards.
* Interest – court’s discretion to award post-judgment interest (12% upheld).
|
27 December 2019 |
|
Appellant failed to show sufficient cause or diligence for a 10‑year delay; extension to set aside ex‑parte judgment denied.
Extension of time – setting aside ex‑parte judgment – sufficiency of cause and diligence required – illegality as ground for extension but subject to promptness – failure of service/notice – appellate review of discretionary extensions.
|
24 December 2019 |
|
High Court jurisdiction upheld for print-media defamation; plaint discloses cause of action and objections overruled.
* Media Services Act – interpretation of 'may' and special forum – whether statutory scheme ousts ordinary court jurisdiction in defamation claims. * Civil procedure – cause of action – sufficiency of plaint and annexures in defamation pleadings. * Pleadings – Order VI Rule 3 – when alleged lack of conciseness renders a plaint fatally defective. * Preliminary objections – test for overruling and proceeding to substantive hearing.
|
24 December 2019 |
|
Applicants charged with economic offences granted bail subject to EOCCA s36 security and statutory conditions.
* Criminal procedure – Bail – Economic offences – Bail is a constitutional right; court may grant bail for bailable economic offences.
* Economic and Organized Crime Control Act s36(5) – security equal to half the value of money/property involved where offences involve actual money or property.
* Apportionment – where multiple accused are involved the required security may be shared among them (Court of Appeal sharing principle).
* Bail conditions – surrender of passports, movement restrictions, deposit of cash or title deed, sureties, execution of bail bond, periodic reporting and court appearances.
|
24 December 2019 |
|
|
24 December 2019 |
|
Court set aside dismissal for want of prosecution due to court clerk’s misdirection and unclear directives to an unrepresented applicant.
Civil procedure – dismissal for want of prosecution – setting aside dismissal under Order IX Rule 4 CPC – court clerk’s misdirection and unclear directives as sufficient cause – protection of lay/unrepresented litigants.
|
24 December 2019 |
|
Appellate court ordered valuation and equal division of matrimonial assets after trial court failed to value and properly divide them.
Family law – Division of matrimonial property – duty to value assets and ascertain contribution before division; ex-parte judgment set aside – hearing de novo; reception of prior evidence by subsequent judicial officer – Order XVII/ XVIII of Civil Procedure Code; Section 114 Law of Marriage Act – valuation and equal division (50/50) of property acquired during marriage.
|
24 December 2019 |
|
Message to one person is not ‘publication’ under Cyber Crimes Act; prosecution failed to prove falsity and intent, appeal dismissed.
Criminal law – Cyber Crimes Act s.16 – publication requires communication to the public; sending message to one person is not publication; evidential weight vs admissibility of exhibits; false report to public officer – burden to prove falsity and resultant misuse of power; police investigative duty and improper treatment of complainant as suspect.
|
23 December 2019 |
|
Charge was proper; failure to voir dire a child witness was error but conviction upheld due to victim’s affirmed and medical evidence.
Criminal law – Rape of a girl under 18 – Charge validity; Evidence – tender‑aged witness and requirement of voir dire; Victim’s affirmed testimony and medical evidence as sufficient corroboration (s.127(6) Evidence Act).
|
23 December 2019 |
|
Court struck out suit for defective pleadings, failure to join necessary parties and expired speed-track, though not barred by res judicata.
* Civil procedure — striking out — defective pleadings and late supplementation of documents; expiration of court-imposed speed-track timetable without extension. * Res judicata — earlier judgment concerning debt recovery and sale of mortgaged property did not bar a separate claim for restoration of title. * Joinder — necessity to join creditor/purchaser and Ministry officials where title deed possession is contested. * Remedies — potential impossibility of specific performance where documentary possession is uncertain.
|
23 December 2019 |
|
A court must consider good cause before striking out a late written statement of defence; extension discretion exists within 21 days.
* Civil procedure – Order VIII Rules 1 & 2 – time for filing Written Statement of Defence – court's discretion to extend time within 21 days after expiry; application must show good cause.
* Civil procedure – striking out documents filed out of time – court must consider reasons for delay before striking out.
* Procedural rules as handmaids of justice – exercise of discretion to promote substantive justice.
* Appealability – order denying filing of a defence is appealable as it deprives party of right to be heard.
|
23 December 2019 |
|
Appeal allowed: unsafe visual identification and failure to comply with mandatory seizure procedures rendered convictions unsafe.
* Criminal law – Visual identification – identification evidence held unreliable where witnesses gave no description and contradicted each other on lighting; Waziri Amani standard applied.
* Evidence – Exhibits and seizure – mandatory compliance with section 38(3) Criminal Procedure Act; absence of seizure receipt undermines admissibility/authenticity.
* Procedure – Tendering exhibits – improper tendering by complainant of items allegedly in police custody vitiates prosecution case.
|
20 December 2019 |
|
Attachment before judgment requires specific identification and estimated value of property; failure warrants striking out the application.
Civil procedure – attachment before judgment – Order XXXVI Rule 6(2) – mandatory requirement to specify property and estimate value; failure to identify assets renders application vague and liable to be struck out; ex parte applications and costs.
|
20 December 2019 |
|
Attachment-before-judgment application struck out for failing to specify property and provide estimated value as required.
Attachment before judgment; Order XXXVI Rule 6(2) Civil Procedure Code — mandatory specification and estimated value of property; ex parte application; failure to specify/estimate justifies striking out to prevent wrongful or vague attachments.
|
20 December 2019 |
|
Court struck out bail application because money laundering is a non-bailable offence and charge defects must be tried.
Bail – money laundering – non-bailable offence under section 148(5)(a)(v) CPA; Jurisdiction – High Court cannot determine charge defectiveness during bail application; Section 29(4)(d) EOCCA does not empower determination of charge competence in bail proceedings; Challenges to charges to be addressed at trial.
|
20 December 2019 |
|
Conviction quashed where night-time identification, unread cautioned statement and broken chain of custody undermined prosecution case.
Criminal law - visual identification at night; identification parade required where witnesses are strangers; cautioned statements must be read over to accused after admission; exhibits require proved chain of custody; forensic/telecom evidence needed to substantiate mobile-money transfers; conviction unsafe where prosecution fails to prove case beyond reasonable doubt.
|
20 December 2019 |
|
Conviction quashed where unreliable night identification, improperly read cautioned statement and unproven exhibit undermined the prosecution's case.
* Criminal law – Armed robbery – Visual identification at night – adequacy of description, source/intensity of light and need for identification parade; * Evidence – Cautioned statement – requirement to read admitted exhibit over to accused; * Evidence – Exhibits and chain of custody – necessity to list stolen items in charge sheet and prove uninterrupted custody; * Digital evidence – need for forensic/telecom proof of mobile-money transfer to implicate accused; * Burden of proof – prosecution must prove guilt beyond reasonable doubt.
|
20 December 2019 |
|
Non-resident plaintiff failed to prove sufficient Tanzanian immovable property; court ordered US$500,000 security for costs.
Security for costs – Order XXV Rule 1(1) CPC – non-resident foreign company – Certificate of Compliance not proof of residency – sufficiency of immovable property – burden of proof under Section 112 Evidence Act – exercise of discretion requires adequate materials/skeleton costs – quantum of security – banker's guarantee permitted.
|
20 December 2019 |
|
Application for leave to appeal struck out for citing a non-enabling provision; matter found incompetent.
* Criminal procedure – leave to appeal – competence of application – requirement to cite correct enabling provision (Court of Appeal Rules). * Court of Appeal Rules, r.44(1)(a) – misapplication/incorrect citation – renders application incompetent. * Applications improperly moved – procedural non-compliance – struck out. * Costs – not awarded in criminal matter.
|
20 December 2019 |
|
Applicant entitled to bail because the law in force at the time made the offence bailable (value below threshold).
Bail — applicability of law in force at time of offence; Drugs Act s.27(1)(b) — value-based threshold for non-bailability; Later Drugs Act amendments — weight-based thresholds not applied retrospectively; Constitutional protection — Article 13(6)(c) prohibits heavier penalties or restrictive measures after commission of offence; CPA s.148(5)(a)(ii) not applicable to deny bail in these circumstances.
|
20 December 2019 |
|
Court granted temporary injunction preventing sale of perishable maize consignment pending trial, finding irreparable loss.
* Civil procedure – interim injunction – Atilio v Mbowe test: prima facie case, irreparable injury, balance of convenience. * Mortgage law – scope of mortgagee’s power of sale vis-à-vis assets not shown as collateral. * Perishable goods – risk of irreparable loss and need for release to mitigate damage. * Temporary relief – limited injunction pending determination of main suit.
|
20 December 2019 |