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145 judgments found.
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December 2019
Unfair termination upheld; court reduced and revised excessive, unreasoned monetary awards by the CMA.
Labour law — General and special damages
— requirement of proof and justification
— Revision of excessive arbitration awards
Labour law — remedies — compensation
Labour law — unfair termination — procedural and substantive fairness
31 December 2019
Leave to appeal granted where intended grounds show reasonable prospects or disturbing features needing appellate guidance.
Appellate practice — leave to appeal under s.5(1)(c) — Whether the proposed appeal has reasonable prospects of success or reveals disturbing features requiring guidance of the Court of Appeal — Appellate Jurisdiction Act s.5(1)(c)
Constitutional law — right to be heard — Decision made without hearing affected party is a nullity — Article 13(3)(a) Constitution of the United Republic of Tanzania
Contract law — Loan agreement — Borrower’s duty to notify lender (clause 8.4) and effect of theft on repayment — Interpretation and application of contract terms
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
Criminal law — PF3 admissibility — DNA not always necessary
Criminal law — relatives as witnesses
— accused’s right to be addressed on case to answer
— conviction for unnatural offence upheld
— credibility test
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
31 December 2019
A temporary injunction requires a pending suit and compliance with statutory pre-suit notices; application dismissed.
Civil procedure
— Competence — Chamber summons for injunction where statutory notices and pending suit absent — application incompetent
— Government proceedings — Pre-suit notice
— Temporary injunction
Land law — Local government — Pre-suit notice
31 December 2019
Delay awaiting court‑supplied certified copies constituted sufficient cause for an extension to seek leave to appeal.
Civil procedure — extension criteria
— diligence
— Lyamuya guidelines: account for delay
— not inordinate
— 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
Civil procedure — extension of time — application under s.11(1) Appellate Jurisdiction Act
31 December 2019
Child‑rape conviction quashed where circumstantial, uncorroborated evidence and gaps created reasonable doubt.
Criminal law
— Circumstantial evidence — Requirement of corroboration for circumstantial evidence to establish guilt beyond reasonable doubt
— sexual offences against a child — admissibility of child evidence (voir dire)
Criminal procedure — Forensic evidence — Failure to collect or exhibit forensic/physical evidence and effect on prosecution’s circumstantial case
31 December 2019
Buyer entitled to restitution and damages where seller failed to clear and deliver vehicle; unsupported daily loss award quashed.
Civil procedure — Remedies
— damages and interest
— restitution in integrum
Contract law — Sale of goods (motor vehicle) — breach of contract
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 — 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
31 December 2019
Non‑compliance with child‑witness safeguards and unreliable corroboration rendered the rape conviction unsafe.
Criminal law
— corroboration — Interested witness/hearsay — cannot safely corroborate child’s evidence
— Criminal appeal — unsafe conviction — conviction quashed
— medical evidence
Evidence — Child witness
31 December 2019
Objections to a Bill of Costs dismissed; service on the advocate of record found proper.
Civil procedure — Bill of Costs — Requirement to name and address of advocate lodging bill — Service on advocate of record
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
— Standard of proof
— such statements may be expunged
— Visual identification
— 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.
Civil procedure — extension of time
— application may be made before or after prescribed period
— Lyamuya criteria apply
Civil procedure — 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.
Civil procedure — Review
— apparent error on face of record
— standards for review
31 December 2019
Review dismissed where counterclaim lacked a properly pleaded, marked and authenticated board resolution.
Civil procedure — Review — error apparent on face of record — Necessity of showing clear oversight
Company law — Board resolution — Requirement to plead, mark and authenticate corporate authorisation documents
Evidence — Annexures — Unmarked or unauthenticated documents may be disregarded
31 December 2019
Applicant granted 30-day extension to file appeal after diligent attempts to obtain judgment copies caused the delay.
Civil procedure
— Delay caused by inability to obtain judgment/records — diligence in following up as sufficient cause
— 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)
31 December 2019
Plaintiff’s retention of insured leased vehicle breached the contract; neither party proved quantifiable indebtedness.
Civil procedure — Proof of special damages — Specific damages must be specifically pleaded and strictly proved — O. VIII r.14(2)(a) CPC
Contract law — Lease Agreement — existence of lease, termination notice and remedies for breach — Effect on borrower’s obligations
31 December 2019
Bank breached lease by retaining insured vehicle and failed to prove precise outstanding debt; counterclaim unproven.
Contract law
— 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
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
— Role of medical evidence in proving penetration and victim's mental incapacity
— Standards for reliance on eyewitness identification
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 practice
— Appellate procedure — Extension of time — application under s.11(1) Appellate Jurisdiction Act
— Legal representation — advocate’s error does not cure applicant’s duty to specify points of law
— Procedure — extension and certification to be argued together
31 December 2019
The applicant may recover sums paid for unpaid statutory payroll deductions after the agent breached their payroll services contract.
Contract law
— Contract formation — Competence to contract and requirement of authorised signature — No concluded contract
— remedies: principal sum, general damages, interest and costs — Recovery of principal and contractual compounded interest — Interest at court rate and costs awarded
— Service agreement — Failure to remit statutory deductions — Liability for sums paid by principal
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
— 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.
Civil procedure — Costs
— amendment of bill
— preliminary objection
— remedy by reference to Judge
— res judicata and functus officio
— Deputy Registrar’s prior ruling binding
— Taxation of bill of costs
— validity of amendments
30 December 2019
Extension of time granted where applicant promptly acted and showed sufficient cause after discovering judgment via execution notice.
Limitation law — extension of time — sufficient cause — Law of Limitation Act s 14(1)
30 December 2019
Applicant failed to prove procedural irregularity; ex-parte ruling not set aside, application dismissed with costs.
Civil procedure
— Evidence — burden on party alleging procedural irregularity
— Procedure — Setting aside ex-parte ruling
30 December 2019
Revision dismissed because the applicant had a right of appeal and financial inability did not justify bypassing it.
Civil procedure
— Legal aid — Financial inability does not excuse bypassing appeal where legal aid under Legal Aid Act s.21(1) is available
— revisional jurisdiction — not available where right of appeal exists
— right of appeal — Remedy of appeal preferable to revision when available
27 December 2019
Court revoked administrator’s grant where a later petition was filed while an earlier petition was pending and documents were fraudulent.
Civil procedure — Validity of supporting documents — Allegations of fraud/fabrication in meeting minutes as ground to vitiate a grant
Probate law — letters of administration — Revocation where a later petition is filed while an earlier probate proceeding is pending (res sub judice)
27 December 2019
A court may review its judgment on admission where an apparent error exists because alleged admissions were ambiguous.
Civil procedure — judgment on admission — requires clear, unambiguous admissions and compliance with scheduling orders
Civil procedure — Review
— mistake apparent on the face of the record required for review
— sparing exercise
27 December 2019
District Court had jurisdiction over the commercial lease dispute; general damages reduced from Tshs 80M to Tshs 50M.
Civil procedure — Jurisdiction — Determination whether lower court had jurisdiction to entertain suit — Magistrates Courts Act s 40(3)
Evidence — Admissibility of documentary evidence — Trial court duty to determine admissibility of exhibits before judgment
Damages — Assessment of general damages — Alleged excessive or inordinate award
27 December 2019
Applicant failed to show sufficient cause and diligence for extension of time to set aside an ex‑parte judgment.
Civil procedure
— Ex parte judgment — failure may vitiate decision
— extension of time — sufficient cause required
— Illegality as ground for extension — Requirement that illegality be apparent on the face of the record (Lyamuya principle) and relevancy to discretion
24 December 2019
High Court jurisdiction upheld for print-media defamation; plaint discloses cause of action and objections overruled.
Civil procedure
— Cause of action — sufficiency of plaint and annexures in defamation pleadings
— Pleadings — Order VI — when alleged lack of conciseness renders a plaint fatally defective
— Preliminary objections — test for overruling and proceeding to substantive hearing
Media law — Media services act — whether statutory scheme ousts ordinary court jurisdiction in defamation claims
24 December 2019
Applicants charged with economic offences granted bail subject to EOCCA s36 security and statutory conditions.
Criminal law — Bail conditions — surrender of passports, movement restrictions, deposit of cash or title deed, sureties, execution of bail bond, periodic reporting and court appearances
Criminal procedure — Bail — economic offences
— Bail is a constitutional right
— court may grant bail for bailable economic offences
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
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
Communication to a single person is not "publication" under s.16; prosecution failed to prove falsity and mens rea beyond reasonable doubt.
Criminal law — publication of false information — ingredients to be proved in an offence of for publication of false information — Cyber Crimes Act s.16
Criminal procedure — inadequate investigation/prosecution — Effect of inadequate investigation on safety of conviction — Police conduct and treatment of complainant as suspect
Evidence — admissibility and weight — Successor magistrate may assess evidential weight of exhibits admitted by predecessor — Admissibility distinct from probative value
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 — Evidence
— tender‑aged witness and requirement of voir dire
— Victim’s affirmed testimony and medical evidence as sufficient corroboration
Criminal law — Rape — Charge validity
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 — Joinder
Civil procedure — Remedies — potential impossibility of specific performance where documentary possession is uncertain
Civil procedure — Res judicata — earlier judgment concerning debt recovery and sale of mortgaged property did not bar a separate claim for restoration of title
Civil procedure — striking out
— defective pleadings and late supplementation of documents
— expiration of court-imposed speed-track timetable without extension
23 December 2019
A court must consider good cause before striking out a late written statement of defence; such an order is appealable.
Civil procedure — extension of time to file WSD — Court’s discretion to extend time within 21 days
Civil procedure — striking out statement of defence
— order is appealable
— Striking late Written Statement of Defence
23 December 2019
Contradictory identification testimony and missing seizure receipts rendered the convictions unsafe; appeal allowed.
Criminal law — Visual identification — contradictions and failure to eliminate mistaken identity make identification unsafe — Reliability where witnesses contradict about material circumstances
Criminal procedure — Compliance with s.38(3) CPA and certificate of seizure — Failure to involve independent witness and to issue seizure certificate — Non‑compliance undermines admissibility/authenticity
20 December 2019
Attachment before judgment requires specific identification and valuation of property; failure to do so warrants striking out the application.
Civil procedure — Attachment before judgment — Specification of property/value — Order XXXVI Rule 6(2), Civil Procedure Code Cap.33
20 December 2019
Attachment-before-judgment application struck out for failing to specify property and provide estimated value as required.
Civil procedure — Attachment before judgment
Civil procedure — Civil procedure code
— ex parte application
— mandatory specification and estimated value of property
Civil procedure — Order XXXVI
20 December 2019
Court struck out bail application because money laundering is a non-bailable offence and charge defects must be tried.
Criminal law — Bail — money laundering — non-bailable offence
Criminal law — Jurisdiction
— Challenges to charges to be addressed at trial
— High Court cannot determine charge defectiveness during bail application
20 December 2019
Conviction quashed: unsafe night identification, uncured cautioned statement error, and defective chain of custody for phone evidence.
Criminal law — identification evidence — visual identification and identification parade
Criminal procedure — admissibility of cautioned statements — mandatory requirement to read admitted documents aloud to accused
Evidence — chain of custody — Gap or unexplained custody breaks undermine admissibility of exhibits
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 — adequacy of description, source/intensity of light and need for identification parade
Criminal law — Evidence
— Cautioned statement
— Exhibits and chain of custody
20 December 2019
Non-resident plaintiff failed to prove sufficient Tanzanian immovable property; court ordered US$500,000 security for costs.
Civil procedure — security for costs
— banker's guarantee permitted
— burden of proof
— Certificate of Compliance not proof of residency
— exercise of discretion
— non-resident foreign company
— Order XXV Rule 1(1) CPC
— quantum of security
— sufficiency of immovable property
20 December 2019
Application for leave to appeal struck out for citing a non-enabling provision; matter found incompetent.
Civil procedure
— Costs — not awarded in criminal matter
— Court of appeal rules, r.44(1)(a) — misapplication/incorrect citation — renders application incompetent
Criminal procedure — leave to appeal — competence of application
20 December 2019
Applicant entitled to bail because the law in force at the time made the offence bailable (value below threshold).
Criminal law — Bail — applicability of law in force at time of offence
Criminal law — Drugs Act s.27(1)(b) — value-based threshold for non-bailability
Criminal law — Later Drugs Act amendments
— CPA s.148(5)(a)(ii) not applicable to deny bail in these circumstances
— weight-based thresholds not applied retrospectively
20 December 2019
Court granted temporary injunction preventing sale of perishable maize consignment pending trial, finding irreparable loss.
Civil procedure — Interim injunction — Atilio
Land law — Mortgage law — scope of mortgagee’s power of sale vis-à-vis assets not shown as collateral
20 December 2019