|
Citation
|
Judgment date
|
| March 2019 |
|
|
Application to set aside dismissal struck out for being improperly moved by citing wrong legal provisions.
Civil procedure — competence of application — wrong citation of legal provisions — application to set aside dismissal for nonappearance must be moved under Order IX Rule 9 of the Civil Procedure Code; wrong provision renders application incompetent and liable to be struck out.
|
29 March 2019 |
|
Application for certificate to appeal struck out for incorrect statutory citation and failure to invoke section 5(2)(c).
Appellate Jurisdiction Act, Cap.141 – section 5(2)(c) – certification of point of law for appeal to the Court of Appeal; Competence of leave-to-appeal application – requirement of correct statutory citation; Procedure – effect of failing to invoke enabling provision; Remedy – striking out incompetent application without costs.
|
29 March 2019 |
|
Extension of time to file appeal granted where omission of the decree was an excusable human error and sufficient cause shown.
Practice — Extension of time to file appeal — Sufficient cause — Court will exercise discretion judicially considering promptness, diligence and explanation for delay; omission of a decree from the record may amount to sufficient cause when shown to be an innocent human error.
|
29 March 2019 |
|
Judicial review dismissed: verifying affidavit invalid, disqualification automatic under Article 71(1)(c), and internal parliamentary remedies not exhausted.
• Judicial review – leave to apply – procedural prerequisites under Law Reform (Judicial Review) Rules – verifying affidavit required.
• Notaries Public and Commissioner for Oaths Act s.7 – advocate acting as commissioner who attests affidavit in proceedings where he represents a party renders affidavit defective.
• Constitution – Article 71(1)(c) – automatic cessation of MP’s seat after absence from three consecutive meetings without Speaker’s permission; no separate Speaker decision to review.
• Parliamentary Standing Orders – Order 5(4) – requirement to exhaust internal parliamentary remedies before judicial intervention.
• Public notice does not necessarily constitute a reviewable decision for certiorari.
|
29 March 2019 |
|
Missing trial records led to nullification of proceedings, discharge of the accused, and conditional retrial with credit for time served.
Criminal procedure – missing trial records – appellate review obstructed by absent records; remedy by reconstruction and nullification of proceedings; retrial permitted; discharge of accused due to delay; credit for time served on reconviction.
|
29 March 2019 |
|
Second appellate court upheld probate distribution, finding house lawfully given to a spouse; appeal dismissed.
Probate and succession – distribution of estate under Islamic law – determination of lawful spouses vs tenants; Evidence – admissibility and weight of clan meeting minutes and testimony of relatives; Appellate review – scope of interference with concurrent findings on second appeal (misapprehension of evidence, miscarriage of justice, natural justice).
|
28 March 2019 |
|
Conviction based on recent possession is unsafe where complainant fails to identify stolen items beyond suspicion.
Criminal law — burden of proof — proof beyond reasonable doubt; Doctrine of recent possession — requirements: (i) property found in accused's possession, (ii) property recently stolen, (iii) property belongs to complainant; Identification of stolen property — necessity for distinctive proof (serial numbers/receipts) — mere colour/make insufficient; Suspicion cannot sustain conviction.
|
28 March 2019 |
|
A caveat filed without extension and omitting the caveator's address was lapsed and removed to permit estate administration.
Land registration – Caveat – Duration of caveat under Registration of Documents Act s.32(2) – Requirement to apply for extension – Omission of caveator's address under s.32(4) – Untraceable caveator – Removal of lapsed caveat – Substituted service and ex parte hearing.
|
28 March 2019 |
|
Suit held not time‑barred; borrower’s overdraft unpaid and guarantors liable for decretal sum with interest and costs.
Limitation — exclusion under section 21(1) for proceedings prosecuted in good faith in a court lacking jurisdiction; Contract/guarantee — guarantor liability co‑extensive with principal debtor under section 80 Law of Contract Act; Effect of third‑party payment — burden on party alleging discharge to prove payment covered specific liabilities; Demand notices to guarantors — absence does not necessarily vitiate liability where contract imposes no notice precondition.
|
27 March 2019 |
|
Tribunal's dismissal was procedurally defective for lack of reasons and failure to follow an earlier High Court directive.
Civil Procedure – Order XX Rule 4 CPC – Judgment must contain concise statement, points for determination, decision and reasons – failure to give reasons renders ruling defective. Administrative compliance – Lower tribunal’s duty to comply with higher court directives – failure to implement earlier High Court order. Civil Procedure – Locus standi – Where lack of locus standi is found, proper remedy is striking out plaint, not dismissal.
|
27 March 2019 |
|
|
27 March 2019 |
|
Applicant failed to prove arbitrator misconduct; court dismissed application to set aside the arbitral award.
Arbitration Act s.16 — alleged arbitrator misconduct; setting aside awards only for misconduct or error apparent on the face of the award; courts’ limited review of arbitral factual findings; extra works and final certificates; bilateral termination agreements — contingent obligations; procedural pre‑conditions to arbitration (notice) and challengeability.
|
26 March 2019 |
|
Interim application dismissed for prematurity and defective supporting affidavit in multi‑applicant land dispute.
Civil procedure – interlocutory relief – prematurity of interim application where related representative land proceeding exists – necessity of leave; Affidavits – multi‑applicant proceedings – supporting affidavit must speak for all applicants or be joint; Order XXXVII Rule 1(b) – when an application amounts to a 'suit'.
|
26 March 2019 |
|
Extension of time granted where delays from pursuing incompetent applications were excusable under the Limitation Act.
Limitation law – extension of time to file review – s.14(1)(b) Law of Limitation Act; exclusion of time spent on incompetent proceedings – s.21(1); Civil Procedure – review – overriding objective (Act No.3/2018) – substantive justice; discretion to extend time; costs each party.
|
26 March 2019 |
|
Applicant’s repeated nonattendance and failure to show sufficient reasons did not justify setting aside dismissal for want of prosecution.
Civil procedure – setting aside dismissal for want of prosecution – Order XXXIX Rule 19 CPC – sufficiency of reasons for nonappearance; Change/transfer of judge or file – does not excuse nonattendance where hearing dates fixed; Duty of litigant to follow up appeal and attend court; Repeated nonappearance disentitles applicant to relief.
|
26 March 2019 |
|
Consolidating separate revision claims from different rulings rendered the applicant's chamber summons incompetent and it was struck out with costs.
Limitation of actions – Application for revision under Civil Procedure/Magistrates’ Courts Act – Law of Limitation Act item 21 (60 days) – competence – consolidation of separate revisions into one chamber summons constituting omnibus prayers – striking out for incompetence – costs.
|
26 March 2019 |
|
|
26 March 2019 |
|
Conviction quashed where medical report was improperly admitted and identification evidence was unreliable and uncorroborated.
Criminal procedure – admission of medical report (PF3) – requirement to call medical practitioner for cross-examination – exhibit expunged; Identification evidence – failure to name suspects at earliest opportunity and lack of corroboration renders identification unreliable; Conviction unsafe where improperly admitted evidence removed and identification uncorroborated.
|
26 March 2019 |
|
Plaintiff conceded a jurisdictional preliminary objection; court struck out the suit and awarded costs to the defendant.
Civil procedure — Preliminary objection on jurisdiction — Plaintiff conceded objection — Application of Order XXIII Rule 1(3) CPC — Costs awarded to defendant; suit struck out; costs of fresh suit to be determined in refiling.
|
25 March 2019 |
|
District court lacked jurisdiction to hear suit against a specified public corporation; proceedings quashed.
Public Corporations – Specified public corporation – declaration invokes Bankruptcy Act – official receiver/Treasury Registrar to be joined or leave of High Court required – subordinate courts lack jurisdiction to entertain suits against specified corporations unless jurisdiction delegated.
|
25 March 2019 |
|
|
24 March 2019 |
|
Application for extension of case lifespan dismissed as time‑barred; Civil Procedure Code provisions held inapplicable.
Commercial procedure – Extension of life span of a case – Rule 32(3) High Court (Commercial Division) Procedure Rules 2012 – requirement to apply thirty days before expiry – time‑bar – inapplicability of Civil Procedure Code ss.93 and 95 to cure non‑compliance; preliminary objections on maintainability and affidavit content.
|
22 March 2019 |
|
Appellant’s materially inconsistent evidence undermined title claim; respondent lawfully occupying land used since marriage, appeal dismissed.
Land dispute — ownership and possession — evaluation of witness credibility — material contradictions in appellant’s evidence — lawful occupation by succession/use — appellate review of factual findings.
|
22 March 2019 |
|
Application for certificate on point of law dismissed: complaints were factual, not legal, and lacked merit.
Land law — application for certificate on point of law under s.47(2) LDCA; tribunal composition and quorum — alleged irregularities; factual disputes v. questions of law; requirement to show point of law for certification.
|
22 March 2019 |
|
Habeas corpus not granted where arrest was disputed and applicant failed to identify arresting officers or vehicle.
Habeas corpus — remedy appropriate where detention is undisputed; evidence required to link alleged arrest to named respondents — identification of arresting officers/vehicle; burden of proof on applicant; limits of relief where alleged arrest by unidentified persons ("watu wasiojulikana").
|
21 March 2019 |
|
Tribunal had jurisdiction but erred by deciding on an unpleaded default‑notice issue; matter remitted for retrial.
Land law – jurisdiction of District Land and Housing Tribunal – pecuniary jurisdiction determined by pleaded value; Civil procedure – pleadings and framed issues – court cannot decide on unpleaded issues; Land Act s.127 – statutory default notice requirement; Remedy – remittal for retrial where decision based on unpleaded issue; Assessors – requirement to give reasons when differing from assessor's opinion (s.24 Cap.216).
|
21 March 2019 |
|
Prosecution failed to prove murder beyond reasonable doubt due to uncorroborated, circumstantial evidence and missing key witnesses.
Criminal law – Murder – elements: death, actus reus, mens rea – proof beyond reasonable doubt; Circumstantial evidence – insufficiency where alternative hypotheses remain; Caution/confession statements – need for corroboration (Officer of Peace); Failure to produce key witnesses or weapon weakens prosecution case; Identification in group attacks.
|
21 March 2019 |
|
Application to defend mortgage suit struck out for citing incorrect statutory provisions; XXXV r.3(1)(c) required.
Civil Procedure – leave to defend – mortgage suits – application must be brought under Order XXXV r.3(1)(c) following Mortgage Financing (Special Provisions) Act 2008 – failure to cite correct provision renders application incompetent – application struck out with costs.
|
20 March 2019 |
|
|
20 March 2019 |
|
Fully paid-up shareholders must allege a prima facie surplus to have locus standi to petition for winding up.
Companies — Winding up — locus standi of contributories — whether fully paid-up shareholders may petition — requirement to allege prima facie surplus or prospect of surplus (Re Rica Gold Washing Co.). Companies (Insolvency) Rules — procedure on return day — appearance of company and counsel without notice, affidavit or board resolution; service requirements under rules 111(3) and 111(5) and directions under rule 112(1).
|
19 March 2019 |
|
A contractor who agreed to proceed despite disclosed funding shortages cannot claim breach or interest for delayed payments.
Contract law – formation and variation of contract by negotiation minutes; estoppel – party who consents to proceed despite disclosed funding shortage cannot later claim breach; remedies – entitlement to interest for late payment; evidence – negotiation minutes and payment vouchers as part of contract documents.
|
19 March 2019 |
|
The applicant, as duly appointed estate administrator, may proceed with execution of the decree; record remitted.
Civil revision under s.30(2)(a) Magistrates' Courts Act; execution of decree; effect of primary court appointment of estate administrator on execution; remission of record to lower court for enforcement.
|
19 March 2019 |
|
Order XXXVII Rule 1 CPC applies only to pending suits; injunction sought pending revision was incompetent and struck out.
Civil Procedure – temporary injunction – Order XXXVII Rule 1 CPC – applicability limited to pending suits (commenced by plaint) and not to revision proceedings. Competency of application – mis-citation of procedure; injunctions ordinarily sought in the court where the main suit is pending. Procedure – necessity to join decree debtor/executing party when seeking to restrain sale in execution.
|
19 March 2019 |
|
Third‑party mortgages upheld; sale invalidly lacked statutory notice but purchaser protected as bona fide, so suit dismissed.
Mortgage law — existence of bank credit facilities and renewal; validity of third‑party mortgages under s.113; adequacy of mortgage formalities and name variance; sale of mortgaged land — private sale after failed auctions, statutory notice requirement (s.132(4)); protection of bona fide purchaser under s.135; failure to file witness statement by receiver — counterclaim dismissed for want of prosecution; damages not proven.
|
19 March 2019 |
|
Instruction fees must be based on liquidated components of a claim; bill taxed at Tshs 2,760,000 and taxation costs disallowed under Order 48.
Advocates’ Remuneration – taxation of costs – definition and application of "liquidated sum" under Schedule 9 – assessment of instruction fees where suit terminated on technical objection – Order 48(1) disallowing costs of taxation if more than one‑sixth of bill disallowed.
|
18 March 2019 |
|
Mortgage over custodial property invalid where custodian lacked authority and bank failed to obtain owners' consent.
Land law – ownership of property held in custody – effect of residence licences indicating custodian status. Mortgage law – validity of secured charge where registered owner’s consent is absent. Contract/capacity and consent – role of consent and documentary proof when custodian purports to encumber custodial property. Bank’s duty – due diligence and negligence in verifying consent to mortgage. Remedies – declaration of nullity, surrender of title documents, injunctions, damages and costs.
|
17 March 2019 |
|
|
15 March 2019 |
|
Court granted 21‑day extension to file notice of appeal after appeal struck out for defective record, finding a technical delay.
Appellate procedure – Extension of time to give notice of appeal – Technical delay where original appeal lodged in time but struck out for incompetence; discretion under s.11(1) Appellate Jurisdiction Act; exclusion of time spent prosecuting struck‑out appeal; court lacks power under s.11(1) to extend time for serving record or for certificate on point of law.
|
15 March 2019 |
|
|
15 March 2019 |
|
Oral supply agreement established; defendant breached by non‑payment; plaintiff awarded decretal sum, post‑judgment interest and costs.
Contract law – oral contract for sale and supply – invoices and delivery notes as evidence of supply and liability. Breach of contract – non-payment of invoiced amounts for goods supplied on credit. Interest – contractual post‑due interest agreed (reduction from 3% to 2% monthly) accepted; court awards statutory post‑judgment interest. Proof of loss – separate damages not pleaded or proved; contractual interest deemed to cover delay loss.
|
14 March 2019 |
|
Failure to accord hearing and produce supporting evidence rendered the university's withdrawal of the applicant's LL.B degree void.
Administrative law – review of academic decision – withdrawal of degree for alleged forgery – certiorari. Natural justice – right to be heard – procedural fairness in disciplinary/academic inquiries. Evidence – requirement to produce inquiry reports, records or witness affidavits; inadmissibility of unsupported hearsay. Duty to provide reasons – failure to state material grounds renders decision unreasonable and void. Criminal referral – obligation to report alleged offences to police under section 7(1)(a) Criminal Procedure Act when disciplinary process ceases.
|
14 March 2019 |
|
Extension of time granted where prison authorities’ failure to dispatch an incarcerated applicant’s notice of appeal caused the delay.
Criminal procedure – extension of time to lodge notice and petition of appeal; delay caused by prison authorities – delay not imputable to incarcerated appellant; unopposed application – extension granted; reliance on precedent.
|
13 March 2019 |
|
An appeal against a tribunal order to proceed with execution is not appealable where the tribunal has not determined applications to set aside the ex parte decree.
Land law – Appeals – Whether an order permitting execution of a tribunal decree is appealable; District Land and Housing Tribunal Regulations 2003 – Regulation 22 (interlocutory orders) and Regulation 24 (appeals) – interaction with Civil Procedure Code Order XL; premature appeals where tribunal has not determined applications to set aside ex parte decree.
|
13 March 2019 |
|
|
13 March 2019 |
|
Conviction on guilty plea quashed where charge and facts failed to disclose ingredients of stealing by agent.
Criminal procedure – guilty plea – adequacy of facts – requirement to disclose ingredients of offence (entrustment) – defective charge sheet – reference to correct statutory provisions (s135 CPA) – stealing by agent (s273(b) Penal Code) – Laurent Mpinga principle – quash conviction and set aside sentence; release pending lawful custody.
|
13 March 2019 |
|
Conviction based on an ambiguous plea and defective record regarding admission and victim's age is unsafe; retrial may be required.
Criminal law – Plea of guilty – Equivocal/ambiguous plea – When plea may be challenged on appeal. Criminal procedure – Recording of plea and facts – Requirement to ascertain unequivocal admission and complainant's age. Appeal – Conviction founded on imperfect plea – Quashing of conviction and retrial in proper case.
|
13 March 2019 |
|
A compensation claim accrued on issuance of the written notice; the applicant’s suit was time-barred and dismissed with costs.
Civil procedure — preliminary objection — scope and application: admissible where point is pure law arising from pleadings and can dispose of the suit. Limitation of actions — Law of Limitation Act Cap 89 — item 1 Part I: one-year limitation for compensation claims arising under written law. Accrual of cause of action — section 6(e): where actionable wrong gives rise to no right until injury occurs, accrual is when injury results; written notices may trigger accrual. Time-bar — suit filed after prescribed period is liable to be dismissed under section 3(1).
|
12 March 2019 |
|
Appeal dismissed as premature; defendant must first apply under Order XXXV Rule 8 to set aside summary-decree and obtain leave to defend.
Civil procedure — Summary (ex parte) suits — Order XXXV Rule 8 CPC — Remedy to set aside decree and obtain leave to defend — Appeal premature where trial remedy not exhausted.
|
11 March 2019 |
|
Extension of time granted where delay in transmitting a prisoner’s appeal documents was attributable to prison authorities.
Criminal procedure — extension of time to appeal — delays in transmission by prison authorities — where prisoner places matter for transmission it is deemed before the Deputy Registrar — extension granted.
|
11 March 2019 |
|
Bail refused because the court record charges the applicant with murder, a statutory non-bailable offence.
Criminal procedure – bail pending trial – application under section 148 CPA – relevance of formal charge on record. Criminal law – distinction between murder (s.196 Penal Code) and manslaughter (s.195 Penal Code) in relation to bail. Statutory interpretation – non-bailable offences under s.141(5)(a)(i) CPA prevent grant of bail while such charges remain on record.
|
11 March 2019 |