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Citation
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Judgment date
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| November 2019 |
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Convictions quashed where a defective identification parade and evidential omissions left identity unproven beyond reasonable doubt.
Criminal law – Identification evidence – Identification parade must be fair and persons on parade should look alike; failure of witness to testify on parade conduct and failure to call investigator undermines identification; prosecution must prove identity beyond reasonable doubt.
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29 November 2019 |
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Acquittal alone does not prove malicious prosecution; claimant must prove lack of reasonable/probable cause and malice.
Malicious prosecution — elements: institution/continuation by defendant; absence of reasonable and probable cause; malice; termination in plaintiff’s favour — acquittal alone insufficient to prove malicious prosecution.
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29 November 2019 |
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Application for leave to appeal struck out for wrong statutory citation and vague prayers, not curable by amendment.
Preliminary objection — res judicata; wrongful citation of statute — Appellate Jurisdiction Act s.5(2)(c) required for Primary Court origin; vague or improper prayers; amendment/Oxygen Principle; striking out defective application; costs.
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28 November 2019 |
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Applicant failed to account for delay in seeking extension to set aside ex parte judgment despite lack of notice.
Civil procedure — setting aside ex parte judgment — extension of time under Order IX r.13(2) CPC and s.14 Limitation Act — requirement to account for each day of delay — Order 20 r.1 notice requirement — substituted service — affidavits as primary evidence (oral submissions cannot contradict affidavit).
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28 November 2019 |
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A revision combining a time‑barred challenge to a CMA ruling is incompetent; the court dismissed the revision and confirmed the award.
Labour law – revision of CMA rulings – time limits under section 91(1) ELRA – jurisdictional bar where revision filed out of time – combining applications in chamber summons – procedural irregularity and necessity to seek extension/leave.
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28 November 2019 |
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Failure to frame issues at the first hearing is a material irregularity; High Court quashed proceedings and ordered retrial.
Civil procedure — mandatory framing of issues at first hearing (Order XIV r.5 CPC) — failure to frame issues is a material irregularity — High Court revisionary powers under s.44(1)(b) Magistrates' Courts Act — proceedings and judgment quashed — trial de novo ordered.
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28 November 2019 |
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A material variance between the charge-sheet location and witnesses' evidence renders a conviction unsafe and warrants acquittal.
Criminal law – Armed robbery – proof beyond reasonable doubt – material variance between charge-sheet particulars (place of offence) and witnesses’ evidence renders conviction unsafe. Criminal procedure – Police officer performing multiple roles (arrest, investigation, recording cautioned statements, identification) – not per se prohibited under section 58 (as amended). Confessions and extra-judicial statements – repudiated confessions require judicial inquiry into voluntariness before admission. Visual identification – raised but unnecessary to decide once material procedural defects established.
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28 November 2019 |
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Court granted extension to file appeal due to delay in obtaining records, inability to secure counsel, and alleged execution irregularity.
Extension of time – application under Rule 38 and s.25(1) Magistrates Courts Act – good cause: delay in obtaining judgment copies; inability to engage counsel for lack of funds; short inherent delay; alleged irregularity in execution sale – exercise of judicial discretion – no costs order.
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28 November 2019 |
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Claim for unpaid clinker supplies dismissed for failure to prove delivery and compliance with guarantee/notice requirements.
Contract law – sale-on-credit; burden of proof (s.110 Evidence Act); proof of delivery/receipt of invoices; requirement to invoke bank guarantee; directors' personal liability – corporate debts.
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28 November 2019 |
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Specific damages award and interest set aside for lack of proof; tribal-bias recusal claim rejected.
Civil procedure – pending criminal proceedings do not bar civil claims; Specific damages – must be pleaded, quantified and proved; Bailment – bailee duty to return goods; Judicial impartiality – mere common tribal origin insufficient for recusal; Locus standi – ownership proved by sale contract and witness evidence.
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28 November 2019 |
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Failure to involve assessors invalidates tribunal proceedings and warrants nullification and rehearing before a new chairperson.
Land law – procedure – District Land and Housing Tribunal – mandatory involvement of assessors – failure to invite assessors' opinion vitiates proceedings and judgment. Remedy – nullification and remittal for rehearing before a different chairperson and fresh assessors. Costs – no order as to costs where irregularity arose from tribunal.
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27 November 2019 |
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Bank lawfully reported and froze suspicious funds; compliance with AML and investigative orders justified dismissal of plaintiff's claim.
Anti‑Money Laundering – suspicious transaction reporting; bank’s duty to report and comply with FIU/DCI and court freezing orders; protection of reporting persons (s.22(1) AML Act); bank‑customer duty versus statutory compliance; causation of loss not established.
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27 November 2019 |
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Revision dismissed; CMA award upheld as claimed subsistence amount was unsupported and referral was timely.
Labour law – Revision of CMA award – Time limits for referral to CMA (60 days) – Subsistence allowance under section 43(1)(c) and (2) ELRA – Burden to justify quantum of claimed subsistence – CMA award of TZS 5,400,000 upheld.
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26 November 2019 |
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The trial court lacked jurisdiction over possession of 337.06g of cannabis, rendering the proceedings null and void.
Criminal procedure – Jurisdiction – Drugs Control and Enforcement Act – subordinate court competent only where quantity does not exceed 200 grams – possession of 337.06g falls within High Court jurisdiction. Jurisdictional defect – jurisdiction can be raised at any stage and renders proceedings null and void ab initio. Appellate procedure – where jurisdiction is lacking, court need not determine substantive grounds of appeal.
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26 November 2019 |
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On second appeal appellant failed to prove duress; admitted agreement stood and lower courts’ judgments were upheld.
Contract law – validity of agreement alleged to be signed under duress/undue influence – burden of proof on the party alleging duress; corroboration required.* Evidence – admissibility and weight of a document allegedly obtained under threat; who must prove duress.* Appeals – scope of second appeal: intervention only for misdirection, non-direction or miscarriage of justice.
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26 November 2019 |
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Applicant allowed to withdraw application but respondents awarded costs due to insufficient supporting affidavit.
Civil procedure – withdrawal of application – affidavit of counsel – lack of applicant's sworn evidence of absence – withdrawal allowed but costs awarded to respondents.
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25 November 2019 |
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Applicant's suit dismissed for non-appearance; tax-related claims fall within exclusive jurisdiction of tax appeals bodies.
Jurisdiction — Exclusive jurisdiction of tax appeal bodies over tax assessment disputes; Labour law — distinction between supply-of-labour contract and employment relationship; Civil procedure — dismissal under Order IX rule 8 for plaintiff's non-appearance; Corporate procedure — requirement for company authorization to sue (preliminary objection).
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25 November 2019 |
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Conviction quashed because the private prosecution lacked magistrate-authorisation and the dispute over property passing was a civil, not criminal, matter.
Criminal procedure – Private prosecution – Section 99 Criminal Procedure Act – magistrate's permission required; absence of magistrate's seal on permit rendered private prosecutor unauthorized. Criminal law – Stealing by agent – necessity to prove mens rea and clear passing of property; insufficient evidence will invalidate conviction. Civil v criminal – Dispute over passing of property and weight/quantity of goods is essentially a civil matter determinable on balance of probabilities under Sale of Goods rules.
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25 November 2019 |
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An appeal may be dismissed under s383(1) when the appellant fails to prosecute by not filing submissions or attending.
Criminal procedure — Appeal dismissed for want of prosecution where appellant failed to file written submissions and to appear; section 366 (attendance mandatory) and section 383(1) (power to dismiss) invoked; failure to file submissions tantamount to failure to prosecute.
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25 November 2019 |
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The appellant's non‑appearance and failure to file written submissions led to dismissal of the criminal appeal for want of prosecution.
Criminal appeal – prosecution's failure to prosecute – non‑appearance and non‑filing of written submissions – failure to prosecute amounts to absence at hearing – dismissal under s.383(1) Criminal Procedure Act; mandatory attendance under s.366(1).
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25 November 2019 |
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Conviction quashed where matter was civil, private prosecution unauthorized and evidence insufficient for stealing-by-agent charge.
Criminal procedure — Private prosecution and indictment preparation without DPP authorization; Theft by agent — mischaracterisation of contractual/civil dispute as criminal; Insufficient investigation and evidence — conviction unsafe; Appeal allowed, conviction and sentence quashed.
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25 November 2019 |
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Transfer allowances are payable but non-payment does not justify unauthorised absence or entitlement to salary arrears.
Labour law – transfer/transport allowances under Standing Orders – entitlement to allowances versus duty to remain at assigned station – salary payable only for work performed; unauthorised absence disentitles employee to salary arrears.
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25 November 2019 |
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The High Court allowed a revision application and quashed the CMA arbitration award, setting it aside.
Labour law — Revision of CMA arbitration award — High Court’s revisional/supervisory jurisdiction — Application to quash and set aside arbitral award allowed.
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25 November 2019 |
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Arbitral award set aside for deciding unpleaded payment issues without hearing; stay granted conditional on deposit of full award.
Labour law – procedural fairness – arbitrator must decide issues on record and must afford parties opportunity to be heard when raising new issues suo motu. Administrative justice – material irregularity where decision-maker determines matters outside pleaded issues without hearing parties. Civil procedure – stay of execution pending revision conditioned upon deposit of security (full award sum).
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25 November 2019 |
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Ex‑parte finding: valid staff loan existed, defendant breached it; bank awarded outstanding recovery, limited general damages to TZS 5,000,000/=.
Contract – loan agreement – existence and breach; bank’s right to recover unpaid loan and interest; general damages cannot be specifically pleaded but may be assessed by court.
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22 November 2019 |
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Malicious prosecution not proved; criminal prosecution premature given unresolved land dispute, lower proceedings nullified.
Civil torts – Malicious prosecution – requirement of termination in favour, absence of reasonable and probable cause, and malice – application where criminal charge arises from unresolved land dispute. Procedure – where a land ownership dispute exists, criminal trespass charges may be premature and should be resolved by a competent civil/land tribunal. Remedies – nullification of improperly instituted criminal proceedings and direction to institute appropriate civil/land proceedings.
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22 November 2019 |
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Appeal allowed: DLHT erred by entertaining a time‑barred land claim and failing to record assessors' opinions.
Limitation of actions – land claim by administrator of estate – twelve‑year limitation from date of death (Law of Limitation Act s.9(1)) – DLHT bound by limitation through Land Disputes Courts Act s.51. Civil procedure – District Land and Housing Tribunal – failure to record or state assessors' opinions – contravention of Land Disputes Courts Act s.23(2) and Regulation 19(1)–(2) – procedural irregularity warranting quashing of proceedings.
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21 November 2019 |
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Primary court assessors' opinions need not be recorded; conviction upheld, irregular exhibit expunged, enhanced sentence set aside and original sentence restored.
Criminal law – common assault; primary courts – assessors' role and recording of opinions; admissibility of exhibits; appellate interference with concurrent findings; illegal enhancement of sentence; territorial jurisdiction of primary courts.
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21 November 2019 |
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Appellate court quashed a ruling and allowed intervention, finding the trial court erred by deciding marriage validity before joinder.
Civil procedure – Intervention – Order 1 Rule 10(2) CPR – Court discretion to join non-parties with substantial and ascertainable interest. Family law – Customary marriage – proof and registration – absence of certificate not necessarily fatal when other evidence and admissions exist. Civil procedure – Content of judgment – Order XX Rule 4 – judgment must state concise case, points for determination, decisions and reasons. Appeal – Trial court erred by determining substantive issues before joinder – Ruling quashed and intervener added.
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21 November 2019 |
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21 November 2019 |
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Conviction quashed where evidential and procedural defects—including no voir dire for a 14‑year‑old and absent medical testimony—rendered the case unsafe.
Criminal law – Rape – burden of proof: prosecution must prove charge beyond reasonable doubt; victim's evidence and corroboration required. Evidence – Child witness (14 years) – voir dire required to determine competency under s127(2) Evidence Act. Procedure – Tendering PF3 without calling the doctor undermines right to cross‑examine; substitution of charge must be read and explained under s234(1) CPA.
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21 November 2019 |
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Court found identification reliable, chain of custody intact, and cautioned statement admissible, upholding prosecution evidence.
Criminal law – Identification evidence – Visual identification at night under solar lighting and early mention – reliability and sufficiency. Criminal procedure – Admissibility of cautioned statements – compliance with sections 50 and 51 CPA. Evidence – Chain of custody of exhibits – recovery and reception of bullet cartridges; ballistic expert not always necessary. Credibility assessment – corroboration by medical evidence (PF3) and contemporaneous identification.
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20 November 2019 |
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Tribunal's ownership finding upheld: sale agreements valid, forgery allegation unproven; appeal dismissed with costs.
Land law – validity of sale agreements; evidentiary evaluation of documentary and oral evidence; alleged forgery of signatures – burden of proof and duty to report; section 10 Law of Contract Act Cap 345 R.E.2002; appellate review of tribunal findings.
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20 November 2019 |
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20 November 2019 |
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Court held Taxing Officer's ruling did not justify extra TZS 5,000,000; TZS 7,000,000 advanced stands, no refund.
Civil Procedure — Execution — Attachment and sale of judgment debtor's property; Taxation of costs — interpretation of Taxing Officer's ruling; discretion in taxation — need for coherent reasoning; construction of 'beyond' in awarding costs; refund claim of advanced execution costs.
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20 November 2019 |
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Loan existed but vehicle was not collateral; unlawful auction voided, 15% interest invalid, principal repayment and damages ordered.
Contract — Loan agreement — Existence of loan; collateral must be specified in loan documentation — Unsecured property cannot be lawfully seized or auctioned. Remedies — Illegal sale/auction of non-collateral property — Nullity of sale and damages. Consumer/financial practice — Interest charged contrary to lender’s published policy — Excess interest clause void; recovery limited to principal.
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19 November 2019 |
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Primary Court jurisdiction over Islamic/customary estates upheld; revocation requires statutory grounds—District Court's revocation set aside.
Magistrates' Courts — Primary Court jurisdiction — Administration of estates under Islamic/customary law — 5th Schedule and s.18 of the Magistrates' Courts Act; Probate and Administration of Estates Act s.49(1) — Revocation of probate/letters of administration — statutory grounds and procedure (Probate Rules r.29(1)); Appointment of Administrator General — limits on suo motu appointment by appellate/revision court.
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19 November 2019 |
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The court upheld the applicant's petition as BRADEA‑compliant, expunging only unverified affidavit paragraphs.
Constitutional procedure – Preliminary objections – Affidavit verification – Unverified paragraphs may be expunged rather than fatal; BRADEA s.6(d),(e) – petition must indicate constitutional provisions and facts but rigid format not required; argumentative allegations in affidavit to be assessed contextually; minor incorrect statutory citation not necessarily incurable falsehood.
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19 November 2019 |
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The appellant's conviction was quashed because the prosecution failed to prove theft beyond reasonable doubt and circumstantial evidence lacked corroboration.
Criminal law – burden of proof – prosecution must prove charge beyond reasonable doubt. Evidence – circumstantial evidence requires clear corroboration and connection to accused. Evidentiary procedure – importance of inspecting physical devices and producing telecom/call records when phone usage is central to proof.
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18 November 2019 |
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Representative suit struck out for failure to satisfy Order I Rule 8(1) CPC consent and common‑interest requirements.
Representative suit – Order I Rule 8(1) CPC – mandatory compliance with numerosity, commonality of interest, contemporaneous existence of interest and acquiescence/consent – failure to produce signed consents and probate/authority for deceased renders application incompetent and liable to be struck out.
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18 November 2019 |
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Application for temporary injunction dismissed for want of prosecution after failure to file written submissions.
Civil procedure – temporary injunction – Order XXXVII Rules 1(a) & (4) – requirement to file written submissions – failure to file equals non-appearance – dismissal for want of prosecution; costs awarded.
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15 November 2019 |
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High Court lacks jurisdiction to extend time for instituting fresh suits; only the Minister may extend limitation period.
Limitation Act s44(1) — extension of time to institute suits vested in Minister responsible for Legal Affairs; High Court lacks jurisdiction to extend time for fresh suits; inherent/constitutional powers cannot supply statutory jurisdiction; joinder not maintainable absent pending suit.
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15 November 2019 |
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Corporate veil improperly lifted without fraud findings; assessor irregularities nullified the DLHT judgment, ordered retrial de novo.
Company law – lifting corporate veil – requires proof of fraud or exceptional circumstances; cannot be done without findings. Land Disputes procedure – assessors – change of assessors during trial and non-recording of assessors’ opinions are serious irregularities. Procedural irregularities in DLHT vitiate proceedings and warrant nullification and retrial de novo.
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15 November 2019 |
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State Attorney lacked locus to represent a defendant sued personally; preliminary objection dismissed for want of prosecution.
Civil procedure – preliminary objection – prosecution and written submissions – failure to file competent submissions amounts to non-prosecution. Advocacy – locus standi of State Attorney – State Attorney cannot represent a private individual sued in personal capacity absent Attorney General being joined – Advocates Act s.3(1). Incompetent filings – expunction of submissions filed without locus.
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15 November 2019 |
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Court granted extension to file defence, holding counsel's sickness/negligence can constitute sufficient cause to avoid punishing the litigant.
Limitation Act s.14(1) and Order VIII Rule 1(2) — extension of time to file defence; advocate negligence/sickness as sufficient cause; judicial discretion; need for due diligence; right to be heard and deciding matters on merits.
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15 November 2019 |
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Conviction in absentia without post-arrest interrogation under ss.226/227 was irregular and merits quashing and retrial.
Criminal procedure — Conviction in absentia — Duty to interrogate accused upon subsequent arrest and to hear explanation/probable defence (ss.226, 227 CPA) — Failure to comply renders proceedings irregular — Revision under s.373; retrial de novo ordered.
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14 November 2019 |
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Court held detention for investigation lawful, quashed unsupported damages and interest awards, and ordered each party to bear own costs.
Tort — False imprisonment: elements — total restraint and unlawfulness; burden on defendant to justify detention; brief detention for investigation may be lawful. Evidence — proof of reputational damage requires witness corroboration from community or affected persons. Civil procedure — necessity for court to state reasons when accepting or rejecting evidence and when awarding general damages and interest. Awards — court must give reasons for quantum of general damages and rate of interest; cannot rely on set-aside ex-parte judgments.
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14 November 2019 |
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Sale agreement proven; only purchase price proved (TShs.90,000,000) plus interest and TShs.50,000,000 general damages awarded.
Contract law – Sale of land – proof of sale agreement and possession – credibility of transaction documents (advocate-drafted sale deed). Damages – distinction between proved purchase price (special/specific) and unproven renovation/extra expenditure; requirement of documentary proof for specific damages. Remedies – award of principal sum, interest (commercial and court rates) and general damages. Civil procedure – substituted service and ex parte proceedings where defendant absconds.
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14 November 2019 |
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Where original trial records cannot be traced or reconstructed, courts may quash conviction and set aside unserved sentence.
Criminal procedure – Missing or irretrievable trial records – effect on conviction and right of appeal. Evidence – affidavit of judicial officer on loss of records and tracing efforts. Discretionary relief – factors to consider before ordering retrial or release (seriousness of offence, duration served, possibility of reconstruction).
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14 November 2019 |
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An ex‑parte judgment must first be set aside in the trial court; a tardy revision application was time‑barred and dismissed.
Civil procedure – Revision versus setting aside ex‑parte judgment; Order IX r.13 CPC – remedy to set aside ex‑parte decree before trial court; Limitation – item 21 Schedule Law of Limitation Act (60 days) – time bar; Competency – omnibus applications and correct statutory provisions to invoke for revision.
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14 November 2019 |