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Citation
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Judgment date
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| October 2019 |
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Counter-claim alleging fraudulent sale and misuse of a company name dismissed for lack of proof; bank found not negligent.
* Company law – dispute over sale and use of company name – whether transfer of a company name and change of registered name was lawfully effected.
* Evidence – burden of proof – he who alleges must prove; oral assertions unsupported by documents insufficient to establish fraud.
* Banking – account opening procedures – bank’s compliance with documentary requirements precludes liability for negligent account opening.
* Corporate procedure – validity of meetings and resolutions – requirement for proof of convening and quorum.
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23 October 2019 |
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A counter-claim alleging fraudulent sale and forgery of a company name was dismissed for want of proof.
Company law — sale of company name and change of registered name — evidence required to establish fraudulent sale or forgery; burden of proof on balance of probabilities; bank liability for account opening — bank followed procedures; counter-claim dismissed for want of proof; Registrar of Companies' change upheld where supported by documents.
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23 October 2019 |
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Court reduced a lawful fine-based sentence for unlawful presence due to inability to pay and ordered applicant’s release and deportation.
* Criminal law – Unlawful presence (Immigration Act s.45) – conviction on plea of guilty upheld; sentence within statutory range but reducible on revision for mitigation and inability to pay.
* Criminal procedure – Revision (s.372 CPA) – High Court may reduce lawful sentence having regard to mitigating circumstances and financial incapacity.
* Immigration – Deportation of foreign national ordered after custodial sentence reduced.
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23 October 2019 |
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The applicant failed to prove malicious prosecution or erroneous evaluation of evidence; appeal dismissed with costs.
Civil procedure – appeal against factual evaluation – appellate court will not disturb lower court findings absent proof of misapprehension; Malicious prosecution – elements required: prosecution, favourable termination, malice, want of reasonable and probable cause, and damage; Withdrawal for non-appearance is not equivalent to determination in favour of accused.
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23 October 2019 |
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Appellants failed to prove malicious prosecution; withdrawal of criminal charge did not amount to favourable termination.
Civil procedure – Malicious prosecution – elements required: prosecution, termination in favour, malice, absence of reasonable and probable cause, and damage; withdrawal of criminal charge not equivalent to dismissal for want of prosecution; burden of proof on claimant to prove allegations on balance of probabilities.
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23 October 2019 |
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Failure to explain how the accused was arrested created reasonable doubt, undermining visual identification and quashing the conviction.
* Criminal law – Visual identification – Weakest form of evidence; conviction requires watertight supporting circumstances (lighting, proximity, duration, prior knowledge, credible description).
* Criminal procedure – Arrest and chain of custody – Prosecution must explain how and when accused was apprehended to avoid mistaken identity.
* Evidence – Burden of proof – Where doubts remain they must be resolved in favour of the accused; conviction quashed for lingering doubts.
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23 October 2019 |
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Applicant failed to prove sufficient cause for extension to restore a dismissed review; application denied.
Extension of time — Sufficient cause under s.14(1) Limitation Act — Applicant’s sickness and alleged notification to court — Requirement to account for delay with supporting evidence (medical records, affidavits) — Delay must be specifically explained.
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23 October 2019 |
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Appeal in matrimonial matter held within 45 days under Law of Marriage Act; District Court erred in dismissing as time-barred.
* Family law – Appeals in matrimonial proceedings – Law of Marriage Act s.80(1)&(2) – 45-day appeal period to High Court via magistrate's court. * Interaction of specific statute and general appeal law – Law of Marriage Act displaces Magistrates Courts Act time limit. * Time computation for filing appeals – effect on competency. * Jurisdiction – District Court competent to hear first appeal in matrimonial matters. * Remedy – appeal allowed; retrial de novo.
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23 October 2019 |
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Appellant's first appeal was within the 45-day limit under the Law of Marriage Act; District Court decision overruled.
Law of Marriage Act s.80(1)&(2) – matrimonial appeals – appellate time limit of 45 days – appeals filed in magistrate's court – displacing general Magistrates' Courts Act procedure; jurisdiction of District Court to hear first appeals from Primary Court; time-bar and competency of appeal.
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23 October 2019 |
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The appeal was dismissed for being hopelessly time-barred under section 25(1)(b) of the Magistrates Courts Act.
Civil procedure – Appeal time limit – Application of section 25(1)(b) Magistrates Courts Act; Filing date determined by registry record/receipt; Preliminary objection of time bar upheld; Appeal dismissed with costs.
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23 October 2019 |
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Court reduced custodial sentence for unlawful presence, ordered release and deportation given guilty pleas and economic hardship.
* Immigration law – Unlawful presence – sentencing under section 45(1)(i) and (2) – statutory fine and custodial alternative. * Criminal procedure – review suo motu – section 372 power to call trial records and reassess sentence. * Sentencing principles – guilty plea, first-offender status and economic hardship as mitigating factors. * Remedy – reduction of custodial sentence and deportation.
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23 October 2019 |
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Court reduced sentence for unlawful presence due to inability to pay and mitigatory factors and ordered deportation.
Immigration law – unlawful presence (s.45 Immigration Act) – sentence of fine or default imprisonment – appellate revision under s.372 Criminal Procedure Act – mitigating factors and inability to pay – reduction of sentence and deportation of foreign national.
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23 October 2019 |
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An administratrix may obtain eviction of an occupier obstructing estate administration; challenges require proper legal proceedings.
Probate and administration – administratrix’s powers – right to possession of deceased’s immovable property for administration – occupier’s status as invitee/beneficiary does not permit obstruction – challenges to will or appointment must follow proper legal proceedings.
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23 October 2019 |
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An affidavit omitting the place of swearing is incurably defective and warrants striking out the applicant's application.
Notaries Public and Commissioner for Oaths Act (Cap.12) – s.8 jurat requirement – omission of place/date in affidavit; Affidavit formal requisites – verification, jurat, signatures; Defective affidavit – incurable defect – remedy: striking out application; Procedure – failure to file written submissions amounts to want of prosecution/consent to preliminary objection.
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23 October 2019 |
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The court convicted the respondent of trafficking after seizure, GC–MS confirmation of heroin and an intact chain of custody.
* Criminal law – Narcotic drugs – Trafficking – Seizure by search, voluntary production and defecation – Whether seized pellets belonged to accused. * Forensic evidence – Chemical tests and GC–MS confirmation of heroin – admissibility and reliability. * Evidence chain – Chain of custody, sealing and laboratory receipt – sufficiency despite documentary gaps. * Offence construction – Trafficking under section 16(1)(b)(i) involving exportation at an airport.
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23 October 2019 |
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23 October 2019 |
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Conviction unsafe where chain of custody for seized goods was not established, making recent possession unreliable.
Criminal law – Breaking and stealing – Recent possession doctrine – Conviction requires proof beyond reasonable doubt; adequate chain of custody for exhibits is essential – Broken chain of custody may render possession evidence unsafe.
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23 October 2019 |
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Court reduced an undocumented maximum sentence for refugees who escaped camp, ordering immediate release and return to the camp.
Criminal revision (suo motu) – Sentencing – Maximum statutory sentence cannot be imposed without recording reasonable grounds – Mitigating factors (first offenders) justify reduction – Refugees escaping camp – Section 372 Criminal Procedure Act.
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23 October 2019 |
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Conviction for unnatural offence quashed where evidence was inconsistent, charge mismatched and prosecution failed to prove guilt beyond reasonable doubt.
* Criminal law – sexual offences – charge of unnatural offence versus evidence of rape – evidential mismatch between charge and testimony.
* Criminal procedure – burden of proof – prosecution must prove guilt beyond reasonable doubt.
* Evidence – credibility and sufficiency of victim and witness testimony; discrepancies in PF3 and court proceedings undermine prosecution case.
* Statutory safeguards – issues raised under s.127(2) Evidence Act and s.210(3) Criminal Procedure Act regarding child testimony and admissibility.
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23 October 2019 |
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High Court may hear a suit challenging executors' conduct where no proof exists of a related pending appeal.
Jurisdiction – Preliminary objection – Alleged pending appeal – Competence of application arising from a different probate cause – Executor misconduct under section 49(1)(e) and (2) of the Probate and Administration of Estates Act – Requirement of proof of Notice of Appeal.
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22 October 2019 |
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High Court lacks jurisdiction to extend limitation for re-filing; applicant must seek ministerial extension under section 44(1).
Order XXIII Rule 2 CPC – withdrawal with leave to re-file; Law of Limitation Act – effect of Rule 2 on fresh suits; Section 44(1) Law of Limitation Act – ministerial extension of time; Court’s jurisdiction to extend limitation period; Procedural consequence of withdrawing suit with leave to re-file.
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22 October 2019 |
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Repudiated cautioned statement without inquiry and unreliable dock identification rendered prosecution's case unproved.
Criminal law – Evidence – Cautioned statements repudiated by accused require trial-within-trial inquiry on voluntariness – failure to inquire renders statement inadmissible; Identification – dock identification unreliable and insufficient to link accused to offence; Proof beyond reasonable doubt – convictions cannot stand where cautioned confession expunged and identification evidence is deficient.
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22 October 2019 |
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Delay excused where applicant sought judgment copies within time and court caused subsequent delay, application granted.
Limitation law – exclusion of days between delivery of judgment and supply of copy – extension of time under Sections 14(1) and 19(2) Law of Limitation Act – delay caused by court in issuing copies – inordinate delay assessment – costs follow event.
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22 October 2019 |
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Delay caused by court in supplying judgment copies may justify excluding days and extending time to appeal.
Limitation of actions – Sections 14(1) and 19(2) Law of Limitation Act – exclusion of days and extension of time; delay in supply of court copies – delay attributable to court; duty to account for delay – reasonable short delay excused.
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22 October 2019 |
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Section 6(2) AJA's grant of unfettered interlocutory appeal rights to the DPP violated equality and fair hearing and was struck down.
Appellate Jurisdiction Act s.6(2) — DPP's interlocutory appeal right — discrimination; Criminal Procedure Act s.225(6) — exclusion of economic offences from s.225 protections; Constitutional law — articles 13(1), 13(2), 13(6)(a) (equality, non‑discrimination, fair hearing and appeal); article 30(2) derogation; presumption of constitutionality; proportionality; public interest litigation/res judicata.
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22 October 2019 |
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Court granted extension of time to file appeal, holding alleged illegality and proven illness constitute sufficient reason to extend time.
* Civil procedure – Extension of time – s.14 Law of Limitation Act and s.95 CPC – criteria for enlargement of time.
* Illegality – where point of law concerns illegality of the impugned decision, it can constitute sufficient reason to extend time.
* Good cause – illness supported by proof can justify extension of time.
* Discretion – Court may grant extension despite undue delay to avoid injustice.
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22 October 2019 |
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Non‑compliance with procedural safeguards, defective charge and unlawful sentence led to quashing and release.
Criminal revision – conviction in absentia – non‑compliance with s.226(2) CPA; defective alternative charge (s.311 v s.312); inadmissible cautioned statement; unlawful excessive sentence – subordinate court jurisdiction (s.170(1)(a)); consideration of mob‑justice injuries in sentencing; improper procedure and excessive sentence as to surety (s.160).
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22 October 2019 |
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Leave to appeal granted on jurisdictional points under the Land Disputes Courts Act and the validity of the Chief Justice’s circular.
Appellate procedure – Leave to appeal – Requirement to show point(s) of law; Land law – Jurisdiction post Land Disputes Courts Act 2002; Validity and applicability of Chief Justice circular extending time for land cases; Revocation of right of occupancy and joinder of land allocation authority; Procedural legality of allocating land prior to compensation.
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22 October 2019 |
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Leave to appeal granted on jurisdictional questions arising from land‑law and procedural irregularities.
Appellate procedure – Leave to appeal – Requirement to demonstrate point(s) of law; Land law – Jurisdiction of courts post‑Land Disputes Courts Act (2002) and Land Act (Cap.113 R.E.2002); Joinder of land allocation authority in revocation proceedings; Validity and effect of Chief Justice circular extending time/jurisdiction.
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22 October 2019 |
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Court stayed attachment and sale of disputed estate properties pending resolution of ongoing forgery investigation.
Execution — Attachment — Order XXI Rules 57–59 CPC — Objection by non-party administrator — Burden of proof — Alleged forgery of title — Ongoing criminal investigation — Stay of attachment pending investigation.
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22 October 2019 |
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Failure to produce record of an earlier decision defeats a res judicata objection; appeal held competent to proceed.
* Civil procedure – Res judicata – burden to prove prior decision – requirement to produce court record or decision.
* Civil procedure – Revision – revision of execution proceedings is a distinct remedy from an ordinary civil appeal.
* Evidence – preliminary objections based on res judicata must be supported by documentary proof of earlier determinations.
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22 October 2019 |
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Court granted interim injunction protecting disputed business assets pending trial; release of an already seized truck denied.
Civil procedure – temporary injunction – requirements: prima facie case, irreparable injury, balance of convenience – interim restraint on sale/attachment of business assets and land – application of Order XXXVII CPC – interlocutory relief overtaken by events (denial of release of already seized vehicle).
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22 October 2019 |
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Court reduced custodial sentence for unlawfully present foreign nationals and ordered their release and deportation.
* Immigration law – Unlawful presence (s.45(1)(i) & (2)) – sentencing limits (minimum fine Tshs.500,000; custodial up to 3 years).
* Criminal procedure – Revision suo motu (s.372 CPA) – court’s power to review sentence.
* Sentencing – mitigation for guilty plea, first offenders, and indigence; reduction to immediate release.
* Post-conviction relief – deportation order upon release of foreign nationals.
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21 October 2019 |
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Court reduced sentence for unlawful presence and ordered immediate release and deportation due to mitigation and inability to pay fine.
* Criminal revision (s.372 CPA) – suo motu power to call records and revise subordinate court sentences; * Immigration Act s.45(1)(i) & (2) – unlawful presence – prescribed fine and custodial limits; * Sentencing – mitigation, first offender status, economic hardship and disparity of sentences as grounds for reduction; * Deportation of foreign national upon release.
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21 October 2019 |
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Conviction overturned due to unreliable night identification and broken chain of custody; appellants ordered released.
* Criminal law – Armed robbery – Visual identification at night – requirements for illumination, distance, duration, description and identification parade; reliability standards.
* Evidence – Seizure and chain of custody – certificate of seizure under s.36(2) Criminal Procedure Act and preservation of exhibits.
* Evidence – Admissibility of cautioned statements – procedural compliance.
* Criminal procedure – Trial irregularities — conviction set aside where identification and chain of custody defective.
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21 October 2019 |
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High Court has jurisdiction to hear bail where economic offence involves over TSh 10,000,000 and sets secured bail conditions.
* Criminal procedure – Bail pending trial – Economic offences – jurisdiction where value exceeds TSh 10,000,000 and no DPP consent – High Court jurisdiction under EOCCA s.29(4)(d).
* Bail – admissibility and conditions – EOCCA s.36(1), (5) & (6) – cash deposit or title deed, sureties, surrender of passport, reporting, travel restrictions.
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21 October 2019 |
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Sentence for unlawful presence reduced for lack of stated reasons; applicant released and ordered deported.
Immigration law – Unlawful presence – sentencing; Sentencing principles – first offender, plea of guilty, need to state reasons when departing from leniency; Revisionary jurisdiction under s.372 Criminal Procedure Act; Deportation of foreign national.
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21 October 2019 |
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Application for extension of time dismissed as an unmeritorious delay tactic; execution of the decree ordered forthwith.
Civil procedure — Extension of time to appeal — Good cause — Applicant's personal emergencies and prior proceedings held not credible — Alleged illegality insufficient to excuse delay — Application dismissed as delaying tactic — Trial court ordered to proceed with execution.
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21 October 2019 |
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The applicant failed to prove entitlement beyond the agreed balance; the TZS 9,000,000 award was upheld.
* Contract of carriage — existence of contract accepted; dispute limited to quantification of outstanding sum. * Burden of proof — Section 110(1) Evidence Act — claimant must prove entitlement to claimed amounts. * Documentary evidence/exhibits (D1–D4) used to establish prior payments and outstanding balance. * Appellate interference — findings of fact and evidential assessment by trial court not disturbed absent misdirection.
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21 October 2019 |
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The applicant failed to prove entitlement beyond TZS 9,000,000; appeal dismissed and each party bears own costs.
Contract of carriage – assessment and quantification of damages – burden of proof under section 110(1) Evidence Act – admissible documents evidencing prior payments (exhibits D1–D4) – appellate review limited to misdirection or erroneous evaluation of evidence.
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21 October 2019 |
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Conviction nullified: District Court lacked jurisdiction without DPP certificate; appeal allowed and release ordered.
Jurisdiction – requirement of Director of Public Prosecutions’ certificate/consent for subordinate courts to try offences within the Economic and Organized Crime regime; absence of certificate renders proceedings a nullity; High Court’s revisionary power under s.373 to nullify proceedings and order release.
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21 October 2019 |
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Court reduced custodial sentence for foreign national unable to pay fine and ordered immediate deportation.
* Immigration offence – unlawful presence (s.45(1)(i), (2) Immigration Act) – sentencing – fine or custodial alternative; mitigation where offender cannot pay. * Revisionary jurisdiction – court’s power to reduce lawful sentence in interest of justice. * Deportation – ordering removal of foreign national following conviction.
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21 October 2019 |
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Court reduced sentence for unlawful presence due to indigence and ordered deportation of the foreign national.
* Criminal procedure – suo motu revision under section 372 – review of sentence.
* Immigration law – unlawful presence – sentence of fine or default imprisonment; statutory minimum fine and maximum custodial term.
* Sentencing – mitigation for first offenders and indigence; reduction of custodial term where fine unpaid.
* Immigration enforcement – deportation of convicted foreign national after release.
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21 October 2019 |
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Court reduced an excessive sentence for unlawful presence, ordered applicant’s immediate release and deportation due to inadequate sentencing reasons.
* Criminal revision – suo motu review under section 372 Criminal Procedure Act – power to call trial records.
* Sentencing – requirement to give individualized reasons when imposing a sentence beyond the minimum; benefit of minimum sentence for first offenders.
* Immigration law – unlawful presence (s.45(1)(i) & (2) Immigration Act) – fine and default custodial term; deportation as administrative remedy for foreign national.
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21 October 2019 |
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Sentence exceeding statutory minimum must be justified; mere 'lesson' or deterrence is not sufficient.
Immigration law — unlawful presence; sentencing — requirement to state reasons when exceeding statutory minimum; deterrence not a sufficient ground for harsher sentence; release and deportation of foreign convicts.
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21 October 2019 |
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High Court granted bail under EOCCA where subject matter exceeds TZS 10,000,000, imposing cash/title, sureties, surrender of passports and reporting conditions.
* Criminal procedure – Bail pending trial under EOCCA – High Court jurisdiction where value exceeds TZS 10,000,000 and trial is at Resident Magistrate's Court.
* Bail conditions – Section 36(5) & (6) EOCCA – cash deposit or title deed, sureties and bonds, surrender of travel documents, reporting and travel restriction.
* Presumption of innocence and respondent’s non‑objection as factors in exercise of bail discretion.
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21 October 2019 |
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Default judgment against the respondent for unpaid supply: principal, commercial and court interest, costs, publication.
Commercial law – Default judgment under Rule 22(1) – substituted service by advertisement – proof by contract, account statement and demand – award of principal, commercial interest (20%) to judgment, court interest (7%) post-judgment – publication requirement before execution under Rule 22(2).
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21 October 2019 |
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A property developed during cohabitation and improved in marriage is matrimonial; maintenance and compensation orders upheld, visitation modified.
Matrimonial property – property acquired during cohabitation and substantially improved during marriage; section 114 Law of Marriage Act – contribution (including domestic services) qualifies pre-marital property as matrimonial; maintenance orders – factors under section 44 Law of the Child Act; visitation rights – modification to allow half-holiday custody; admission of additional documents – compliance with Order XIII(2) Civil Procedure Code.
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21 October 2019 |
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Hospital liable for negligent, contradictory medical communications causing employee’s wrongful termination; general damages awarded.
Negligence – duty of care of hospitals to patients and to third parties when communicating; hospital responsibility for actions of medical staff; contradictory medical reports; causation of loss by negligent communications; general damages discretionary quantification.
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20 October 2019 |
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20 October 2019 |