|
Citation
|
Judgment date
|
| October 2019 |
|
|
Whether defendant breached a refurbishment contract and whether plaintiff proved specific damages; court awarded general damages.
Contract — existence and scope; breach of contract by failing to supervise/complete refurbishment and delayed customs clearance; proof of specific damages — requirement to plead and strictly prove with witnesses/receipts; adverse inference for failure to call material witnesses; award of general (not specific) damages; ex parte proceedings.
|
29 October 2019 |
|
Court granted extension to appeal where District Court lacked jurisdiction over probate exceeding Tshs 10,000.
Extension of time – Illegality as sufficient cause – Jurisdiction in probate matters – District Court limited to "small estates" not exceeding Tshs 10,000 – s.14(1) Law of Limitation Act – s.95 Civil Procedure Code – Probate and Administration Act Cap 352.
|
29 October 2019 |
|
Interim injunctions under winding-up law apply to company assets only; veil-piercing and restraining non-parties are inappropriate at interlocutory stage.
Companies law – Interim relief on winding-up petition (s.282) – Scope limited to company assets (s.284) – Corporate veil not to be pierced lightly – Non-party misjoinder – Interlocutory injunction criteria (Atilio v Mbowe).
|
29 October 2019 |
|
Appeal dismissed: respondent's retracted, uncorroborated confession and unsupported witness evidence failed to prove organised poaching offences.
Criminal law – Requirement to prove guilt beyond reasonable doubt; Retracted/cautioned confession – voluntariness and need for corroboration; Evidence – limits of co-accused statements as corroboration (s.33 Evidence Act); Constructive possession – awareness and control; Proof of telephone communications and financial transactions.
|
29 October 2019 |
|
Appellant found liable for conversion of group funds; admission and witness evidence justified dismissal of appeal with costs.
Civil law – Tort – Conversion – nature and elements; liability where custodian misappropriates trust funds. Evidence – Admissions/confessions – voluntariness and admissibility; corroboration where admission exists. Evidence – Burden of proof in civil cases (s119 Evidence Act) – claimant's duty to prove claim. Evidence – Documentary evidence – failure to tender books/ledgers does not necessarily defeat claim when conversion is admitted. Civil procedure – Appeal – appellate interference unwarranted where trial court properly assessed evidence.
|
29 October 2019 |
|
|
29 October 2019 |
|
Conviction for statutory rape quashed where prosecution failed to prove victim's age beyond reasonable doubt.
Criminal appeal – statutory rape – proof of victim's age is essential and must be established beyond reasonable doubt – best evidence of age is parent/custodian/teacher – missing trial records and reconstruction – benefit of doubt to accused – conviction quashed.
|
29 October 2019 |
|
An appeal filed without the decree required by Order XXXIX R.1 is incompetent and was struck out without costs.
Civil procedure – Appeal – Memorandum of appeal must be accompanied by copy of decree/judgment (Order XXXIX R.1 Cap.33); non-compliance renders appeal incompetent and liable to be struck out; court may raise procedural defects suo motu; substantive issues not considered where procedural defect is fatal.
|
29 October 2019 |
|
Appeal struck out because the memorandum of appeal failed to include the required copy of the decree, a fatal procedural defect.
Civil procedure – Appeals – Memorandum of appeal must be accompanied by copy of decree/judgment appealed from (Order XXXIX R.1 Cap.33) – Non‑compliance is fatal and renders appeal incompetent. Civil procedure – Court may raise procedural defects suo motu and strike out appeal – distinction between striking out and dismissal. Authorities – Stanley Kahama Mariki v Chilinyo Kwisila; H.J. Stanley & Sons Ltd v Ally Ramadhani Kanyamale.
|
29 October 2019 |
|
Plaintiff conceded objection; suit dismissed with leave to refile and plaintiff ordered to pay defendant's costs.
Civil procedure — withdrawal of suit with leave to refile — costs ordinarily follow the event; indigence must be established or representation shown to be pro bono to justify waiving costs; origin as probate matter does not alter costs discretion.
|
29 October 2019 |
|
Net judgment for defendant USD 1,104,445.60 after plaintiff’s proved set‑off; supplementary waiver void for uncertainty.
Contract law – sale of goods – performance and warranty – defective vehicles within warranty period – set‑off for maintenance and loss; Contract interpretation – uncertainty renders supplementary agreement and exchange‑rate valuation clause void and unenforceable; Remedies – netting/set‑off against undisputed principal; interest and damages refused where mutual breaches exist.
|
29 October 2019 |
|
Where trial records are irretrievable, the court ordered release after considering the substantial term already served.
Criminal procedure – missing/irretrievable trial records – attempts to reconstruct – impact on appeals. Criminal appeals – remedial options where records unavailable – retrial versus discharge or release. Sentencing considerations – weight given to portion of sentence already served when deciding remedy for missing records. Court procedure – caution against casual orders that might encourage sabotage of court registries.
|
29 October 2019 |
|
Appeal against damages dismissed; court upheld trial findings, quantum and proof of special damages.
Motor-vehicle accident; general damages — quantum and judicial discretion; special (specific) damages — requirement to plead and prove; duty of appellate court to review trial record and re-evaluate evidence; alleged failure to address framed issues; insurer liability (policy admitted).
|
29 October 2019 |
|
Conviction quashed where charge particulars were ambiguous and did not meet statutory requirements.
Criminal law — Charge particulars — Ambiguous/defective charge contrary to s.132 Criminal Procedure Act — Amendment that increases ambiguity does not cure defect — Conviction unsafe — Revisional powers (ss.372, 373(1)(a)) to quash conviction and set aside sentence.
|
29 October 2019 |
|
Court upheld conviction: victim's visual identification met Waziri criteria and prosecution proved guilt beyond reasonable doubt.
Criminal law – Visual identification evidence – Waziri Amanj factors (time, proximity/familiarity, lighting, distinctive features/clothing) – Corroboration by police and family witness – Exhibit (machete) unproven as weapon yet identification sufficient – Appeal dismissed.
|
28 October 2019 |
|
Non-joinder of sellers in a land ownership dispute renders proceedings incompetent and judgment a nullity.
Land law — ownership dispute — non-joinder of necessary parties (sellers/allocating authority) — omission renders proceedings incompetent and judgment nullity — requirement to implead third parties in chain-of-title disputes.
|
28 October 2019 |
|
Applicant awarded interim maintenance and injunction to preserve matrimonial property pending the divorce proceedings.
Family law – Interim maintenance under section 115(1)(c) Law of Marriage Act – spouse entitled to maintenance during pendency of matrimonial proceedings. Child maintenance – duty under Law of the Child Act s.8 to provide food, shelter, clothing, medical care and education. Interim injunction – Atilio v. Mbowe test (serious question, probability of success, irreparable harm, balance of convenience) – preservation of matrimonial property pending suit. Restoration of personal effects and interim payment of school/medical expenses in matrimonial proceedings.
|
28 October 2019 |
|
Conviction overturned where identification was unreliable and a medical PF3 was improperly tendered, leading to acquittal.
Criminal law – Identification evidence – Visual identification unreliable where alleged eye‑witness did not personally identify accused (hearsay).; Evidence – Expert report (PF3) – Medical examination report must be tendered by examining doctor; improper tendering by State Attorney leads to expungement.; Admissibility – Testimony relying on expunged exhibit is tainted and cannot support a conviction.; Proof – Failure to prove case beyond reasonable doubt requires quashing of conviction.
|
28 October 2019 |
|
Procedural failures in conducting a guilty plea and defective charge vitiated the conviction and sentence; appeal allowed.
Criminal procedure – Plea of guilty – Requirement to prepare, read, explain and have accused sign memorandum of agreed facts – Necessity to record accused’s admissions and enter formal conviction – Defective charge and failure to tender exhibits vitiate plea-based conviction – Appeal permissible on procedural irregularity.
|
28 October 2019 |
|
Failure to show a request for certified copies disqualifies section 19(2) exclusion, rendering the review time-barred and dismissed with costs.
Limitation of actions – review applications – section 19(2) Law of Limitation Act – exclusion of time spent obtaining copies requires an evidential request; absence of request disqualifies exclusion – inordinate delay and lack of diligence justify dismissal under section 3(1).
|
28 October 2019 |
|
Identification at night and admission of a cautioned statement without a voluntariness inquiry made the conviction unsafe.
Criminal law – Visual identification – night-time identification requires particulars (source, intensity, distance) to exclude mistaken identity; failure renders identification unsafe. Criminal procedure – Cautioned/confessional statements – upon objection trial court must hold an inquiry (trial-within-trial) into voluntariness before admission. Evidence – prosecution must produce cogent, corroborated evidence before relying on identification or confessions to convict.
|
28 October 2019 |
|
Contradictory identification and unverified exhibits rendered the prosecution case unsafe; convictions quashed.
Criminal law – Visual identification – Weak and unreliable evidence; all possibilities of mistaken identity must be eliminated (Waziri Amani principle). Criminal procedure – Identification parade – Compliance with procedural safeguards and corroboration required. Evidence – Exhibits and seizure – Necessity of certificates of seizure and in-court identification for admitted exhibits. Burden of proof – Prosecution must prove guilt beyond reasonable doubt; contradictions favor accused.
|
28 October 2019 |
|
|
28 October 2019 |
|
Court dismissed the suit for lack of pecuniary jurisdiction because specific damages were pleaded without particulars.
Civil procedure – jurisdiction – pecuniary jurisdiction determined from plaint – Order VII Rule 1 CPC – requirement to state value of subject matter; Special damages – must be specifically pleaded with particulars to count for jurisdiction; Inconsistent reliefs – declaratory averment versus monetary prayers may defeat jurisdictional clarity.
|
28 October 2019 |
|
Appeal allowed: defective charge and evidential gaps, including missing investigators and inadequate proof of penetration and identification, warranted quashing conviction.
Criminal law – Defective charge and citation of wrong statutory provision; sufficiency of particulars; Prosecution duty – burden of proof; absence of investigating officers and eyewitnesses; failure to explain apprehension/chain of custody; proof of rape – penetration and identification requirements.
|
28 October 2019 |
|
A malicious prosecution claim is a tort requiring evidence and attracts a three-year limitation, so premature preliminary objection was wrongly upheld.
Civil procedure – preliminary objection – must raise a pure point of law and not require evidence. Tort – malicious prosecution – elements and burden of proof (institution/continuation by defendant; lack of reasonable and probable cause; malice; termination in plaintiff's favour). Limitation of actions – applicability of three-year tort limitation (item 6) versus one-year period in 1st Schedule; accrual depends on facts.
|
28 October 2019 |
|
A malicious prosecution claim is a tort attracting a three-year limitation; sustaining a limitation preliminary objection required factual enquiry and was erroneous.
Limitation of actions – malicious prosecution – characterization as common law tort – accrual of cause of action – preliminary objection must be a pure point of law not requiring evidence – item 6 of Law of Limitation Act (three years) applicable.
|
28 October 2019 |
|
Summary judgment against principal debtor; guarantors jointly and severally liable for overdraft secured by mortgage.
Summary procedure (Order XXXV CPC) — failure to obtain leave to defend results in allegations being deemed admitted and summary judgment — overdraft facility established by bank letter and statements — guarantees and spouse consent to mortgage constitute security — guarantors jointly and severally liable on default — enforcement by sale of mortgaged property; award of decretal sum and interest.
|
25 October 2019 |
|
Whether the respondent could sue company directors individually despite separate corporate personality and jurisdictional defects.
Civil procedure - Jurisdiction - Jurisdictional objections can be raised at any stage, including on appeal. Company law - Separate legal personality - Doctrine in Salomon v Salomon applies; company is distinct from its members/directors. Privity of contract - Proper party to be sued is the contracting company, not individual directors absent justification to pierce the corporate veil. Pleading requirements - Plaintiff must plead jurisdiction and sue correct parties.
|
25 October 2019 |
|
Plaintiff’s land suit dismissed under s29(a) for failure to attend mandated mediation; costs awarded.
Civil Procedure — Mediation (GN No. 381/2019) — ss26–29 — attendance obligations — advocate’s authority to settle — failure to attend mediation — dismissal under s29(a).
|
25 October 2019 |
|
Plaintiff's unexplained failure to attend statutory mediation justified dismissal under section 29 GN. No. 381/2019.
Mediation under Civil Procedure Code (GN. No. 381/2019) – sections 26–29 – party attendance obligations – advocate or authorised representative may attend and settle – failure to attend without good cause – court may dismiss suit under s.29(a) – costs awarded.
|
25 October 2019 |
|
Court granted extension of time due to applicant’s illness and dismissed a separate suit for want of prosecution.
• Civil procedure — Extension of time — Section 25(1)(b) Magistrates Courts Act and section 14(1) Law of Limitation Act — "sufficient cause" and judicial discretion.
• Evidence — Medical reports and affidavit — sickness as excusable cause for delay even without hospital admission.
• Civil procedure — Dismissal for want of prosecution — prolonged non-attendance and repeated failure to appear justify dismissal.
|
25 October 2019 |
|
Seizure complied with law and corroborated evidence, including confessions, proved unlawful possession and dealing in ivory; appeal dismissed.
Wildlife law — seizure and search procedures under s.106; independent witness requirement; statutory presumption of unlawful possession of trophies; admissibility and corroboration of police/game warden evidence and cautioned/confession statements; proof beyond reasonable doubt for offences involving government trophies and unlawful weapons possession.
|
25 October 2019 |
|
Appellants’ possession of ivory and weapon upheld as unlawful; seizures lawful and prosecution proved guilt beyond reasonable doubt.
Wildlife Conservation Act – seizure and search – section 106 – searches/seizures in open areas and requirement of independent witness for dwellings. Possession of government trophies (elephant ivory) – statutory presumption of unlawful possession – duty on accused to rebut. Admissibility and corroboration of police/game warden evidence and cautioned/confession statements. Valuation/scientific analysis as corroboration of recovered trophies. Procedural irregularities (signatures/receipts) held immaterial where chain of custody and paper trail established.
|
25 October 2019 |
|
Appellate court upheld breach finding and damages award, rejecting complaints about issues, mortgage reference, and filing irregularities.
Civil procedure – issues framed by parties versus issues in judgment; court's discretion to reformulate issues and duty to decide points for determination. Evidence – proof on balance of probabilities; assessment of documentary exhibits (bank slips/reports). Contracts – breach and assessment of damages; awarding compensation when full specific damages not proved. Procedure – filing versus service of pleadings; counterclaim treated as cross-suit and requirements for reply.
|
25 October 2019 |
|
Applicant granted extension of time to file appeal after promptly seeking relief following a technical striking-out.
Law of Limitation – extension of time under s.14(1) – discretionary relief – sufficient cause requires promptness, valid explanation, absence of negligence; technical striking out of appeal may constitute sufficient cause where applicant acts promptly; cited authorities: Benedict Mumello v. Bank of Tanzania; Fortunata Masha v. William Shija.
|
25 October 2019 |
|
Applicant granted extension of time after promptly seeking relief following a technical striking-out of his appeal.
Law of Limitation Act s.14(1) – extension of time – discretion of the court – sufficient cause – technical delay due to incompetent memorandum – promptness in filing application – precedents: Benedict Mumello; Fortunata Masha.
|
25 October 2019 |
|
Administrator in possession declared lawful owner and granted perpetual injunction against defendant’s attempted eviction.
Land law – administrator of deceased’s estate – possession and Letter of Offer as evidence of ownership – effect of DLHT order not naming occupant – entitlement to declaratory relief and perpetual injunction; failure to prosecute and withdrawal of counsel construed as abandonment of defence.
|
24 October 2019 |
|
Prior absconding under section 36(4)(b) bars bail despite constitutional rights; nationality unmeritorious and mental illness needs specialist proof.
Criminal procedure – Bail – Economic and Organized Crime Control Act, Cap 200 – Section 36(4)(b) bars bail where accused previously absconded after being granted bail. Bail – Constitutional right to personal freedom – subject to statutory restrictions. Bail – Nationality alone not valid ground for refusal. Mental health – requires specialist medical proof to affect bail decision.
|
24 October 2019 |
|
Failure to appear after valid postal service abroad justified committal to civil prison to execute a consent decree.
Civil procedure – Execution of decree – Committal to civil prison – Service abroad by postal/courier under Order XXI r.9 CPC – Failure to appear after valid service justifies arrest and detention.
|
24 October 2019 |
|
Conviction for unnatural offence quashed for procedural defects, unreliable evidence, and failure to prove essential elements beyond reasonable doubt.
Criminal procedure – admissibility of complainant’s evidence – necessity of voir dire; authentication of PF3 – right to call examining doctor; duty to summon investigating/arresting officer; requirement to state statutory provision and give reasons under section 312(2); prosecution must prove all ingredients of sexual/unnatural offence beyond reasonable doubt.
|
24 October 2019 |
|
Conviction for unnatural offence quashed for procedural defects and failure by prosecution to prove statutory elements beyond reasonable doubt.
Criminal law – Unnatural offence (s.154(1)(a)) – necessity to prove carnal knowledge, order of nature and age beyond reasonable doubt; Criminal procedure – requirements of a valid judgment (s.312(1) & (2) CrPC) – points of determination, reasons and citation of law; Evidence – voir dire for vulnerable witnesses, authentication of PF3 by examining doctor, calling police witnesses, proper corroboration; Missing/defective trial record – effect on appeal.
|
24 October 2019 |
|
DLHT ruling quashed; magistrate improperly joined must be struck out and ownership claim remitted for trial.
Civil procedure – preliminary objections – right to be heard – written submissions constitute hearing of points in lieu of oral argument. Jurisdiction – DLHT may determine ownership claims distinct from matrimonial property adjudicated in ordinary courts. Immunity – magistrates immune from suit for acts done in exercise of judicial duty (s.66 Magistrates' Courts Act). Misjoinder – improper joining should be remedied by striking out the party and proceeding (Order 1 R.9; Order 1 R.10(2) CPC).
|
24 October 2019 |
|
Application for extension of time dismissed for want of prosecution where ordered written submissions were not filed.
Civil procedure – Failure to file court-ordered written submissions – Filing submissions tantamount to hearing – Default amounts to want of prosecution – Application for extension of time dismissed where no leave or explanation given – Courts must enforce scheduling orders.
|
24 October 2019 |
|
Appeal dismissed: court upheld refusal to divide property absent evidence proving acquisition during the marriage.
Family law – Matrimonial proceedings – Restoration of suit versus fresh suit – scope of an application for restoration. Civil procedure – Counterclaim dismissed earlier cannot be re-determined in a restoration application. Evidence – Burden of proof under section 110(1) Law of Evidence Act – requirement to prove acquisition of property during marriage before division. Property division – Court’s discretion to refrain from ordering division in absence of evidential foundation.
|
24 October 2019 |
|
Applicant failed to prove sufficient cause for readmission of an appeal dismissed for want of prosecution.
Civil procedure – Restoration of appeal – Order XXXIX r.19 CPC – Requirement to prove sufficient cause for non-appearance – Contact details in court file not prima facie proof of notification or diligent follow-up – Applicant’s inaction and lack of evidence fatal to application.
|
23 October 2019 |
|
Preliminary objection alleging pendency of proceedings is a factual issue, not a pure point of law; trial de novo ordered.
Civil procedure — Preliminary objection — pure point of law — Mukisa Biscuits principle; factual allegations of pending proceedings cannot be disposed of without evidence. Jurisdiction — distinction between land dispute and ordinary civil claim for property destruction; trial court’s mischaracterisation of suit is fatal. Remedies — quashing of impugned ruling and order for trial de novo. Pleadings — court must decide on the true nature of claim on face of pleadings and record.
|
23 October 2019 |
|
Trial court erred by treating the applicant's property-destruction claim as a land dispute; res subjudice objection required evidence.
Civil procedure — Preliminary objection — Must be a pure point of law to dispose of suit; res subjudice objection requiring proof cannot be decided without evidence; subject-matter and pecuniary jurisdiction — Distinction between property-destruction civil claims and land disputes; trial de novo ordered where trial court misdirected itself.
|
23 October 2019 |
|
Court reduced sentences and ordered immediate release of refugee applicants, directing handover to refugee camp management.
Criminal law – unlawful entry into a game reserve – sentencing review on compassionate and contextual grounds. Refugee status – vulnerability and dependency as factors in sentencing and release. Revision – interference with lower court sentence where circumstances justify reduction and immediate release.
|
23 October 2019 |
|
Conviction quashed due to failure to conduct mandatory inquiry into voluntariness of a retracted confession despite sufficient identification evidence.
Criminal law – gang armed robbery – visual identification – application of Waziri Amani factors; Criminal procedure – confession evidence – retracted/repudiated confession – requirement for inquiry/trial-within-trial into voluntariness where objection is raised; Evidence – proof of ownership of stolen property versus possession by accused; Miscarriage of justice – improper admission of confession vitiating conviction.
|
23 October 2019 |