|
Citation
|
Judgment date
|
| October 2019 |
|
|
A salaried in-house government lawyer is not entitled to instruction fees absent proof of payment and private brief status.
Advocates' remuneration – taxation of bill of costs – instruction fees – entitlement of salaried in-house/government lawyers under s.13 Government Proceedings Act – proof of disbursements by receipts/EFD – procedural requirement to raise service complaints before Taxing Officer.
|
19 October 2019 |
|
Conviction upheld but custodial sentence substituted by immediate repatriation to Nduta refugee camp.
Criminal law – sentence substitution on revision; refugees – leaving designated area without permit; appropriateness of imprisonment for refugees; public expense of incarcerating refugees.
|
18 October 2019 |
|
General damages affirmed; civil court awards additional TShs 40,000,000 for loss of income after estimating disability.
Personal injury – amputation – general damages – quantum of non‑pecuniary loss; general damages need not be specifically pleaded. Loss of earning capacity – civil courts may award future income loss against a third‑party insurer where no employer–employee dispute exists. Proof of salary and medical disability – statutory documentary proof preferred but court may accept employment contract and estimate disability when evidence lacking. Use of formula: monthly income × 12 × remaining working years × disability percentage; court may adjust quantum for evidentiary gaps.
|
18 October 2019 |
|
Conviction for unlawful presence upheld; jail alternative for unpaid fine substituted with immediate deportation of the applicants.
Immigration law – unlawful presence – sentencing – fine with custodial alternative – appropriateness of imprisonment for first offenders; revision – substitution of sentence with deportation; cost and proportionality considerations.
|
18 October 2019 |
|
Interlocutory injunction cannot undo a valid mortgagee sale; applicant failed to establish triable issues, irreparable harm or balance of convenience.
Civil procedure – Interim injunctions – Order XXXVII Rule 1 – restoration of possession after mortgagee sale not appropriate in interlocutory application; statutory notice requirements for auction; valuation threshold (75%) and bona fide purchaser protection.
|
18 October 2019 |
|
Temporary injunction refused where auction of mortgaged properties was lawful and injunction would unfairly prejudice bank and bona fide purchaser.
Civil procedure – interim injunction – whether interlocutory relief can nullify a completed lawful auction of mortgaged property; requirements for interim injunction (serious triable issue, irreparable harm, balance of convenience); compliance with statutory notice and 75% forced market value rule for auction sales.
|
18 October 2019 |
|
High Court set aside lower courts’ decisions and ordered retrial due to procedural defects and inadequate proof of representation.
Civil procedure – timeliness of appeal – requirement to file within 30 days and need for leave to file out of time under Magistrates Courts Act. Civil procedure – assessors – role of assessors and majority decision at Primary Court. Evidence – proof of ownership and agency in tort/damage claims. Representation – absence of power of attorney to represent multiple respondents. Appeal routing – requirement to institute appeals from Primary Court through the District Court.
|
18 October 2019 |
|
Missing seizure certificate and a fatally defective charge (wrong schedule) led to quashing of two convictions.
Wildlife offences – defective charge sheet – wrong schedule citation (Wildebeest in Second not First Schedule) – incurable charge defect; Evidence – requirement to tender certificate of seizure/chain of custody (s.22(2)(3)(ii) EOCCA) – failure undermines admissibility and reliability of seized trophies; Remedy – quash convictions/sentences where charge is incurably defective and evidence chain broken; retrial inappropriate to fill prosecution gaps.
|
18 October 2019 |
|
The applicant's extension application under review provisions was incompetent and struck out; overriding principles cannot cure procedural defects.
Civil procedure – extension of time – application for extension to file review – competence of invoking Order XLII and Section 95 CPC where Law of Limitation Act applies. Interpretation – whether "any other enabling provision" cures wrong statutory invocation – held not to do so. Written Laws (Miscellaneous Amendment) Act, No. 3/2018 – overriding principles cannot abrogate mandatory procedural provisions in another written law. Procedural law – where statute prescribes mandatory procedure, parties must follow the specific statutory route; failure renders application incompetent and liable to be struck out.
|
18 October 2019 |
|
Unlawful-presence conviction upheld; jail term replaced by immediate deportation as a cost‑effective alternative.
Immigration law – unlawful presence – sentencing alternatives – substitution of custodial sentence with deportation – revision jurisdiction – administrative and cost considerations.
|
18 October 2019 |
|
Appeal dismissed: trial court adequately addressed issues and reasonably awarded Tshs.45,000,000 for amputation-related general damages.
Civil procedure – appeal against assessment of general damages for motor-vehicle injuries; issues framed at trial and sufficiency of determination; assessment of general damages for amputation and exercise of judicial discretion.
|
18 October 2019 |
|
Appellate court dismissed challenge to trial court’s finding and upheld TShs.45,000,000 general damages for serious amputation injury.
Civil procedure — Appeal against quantum and alleged failure to address framed issues — appellate review of trial court’s determination and exercise of discretion on general damages. Tort / Motor-vehicle accidents — negligence, insurance liability, assessment of general damages for serious injury and amputation. Damages — appellate reluctance to disturb discretionary awards absent demonstrable excess or misdirection.
|
18 October 2019 |
|
Absence of DPP certificate rendered subordinate court’s trial of an economic offence a nullity; conviction and sentence quashed.
Criminal law – jurisdiction – economic offences – amendment to First Schedule of the Economic and Organized Crimes Control Act – requirement of DPP certificate under s.12(3) Cap.200 to confer subordinate court jurisdiction. Wildlife Conservation Act – unlawful possession of weapon in game reserve (s.103) classified as economic offence after amendment. Criminal procedure – nullity – absence of jurisdiction renders proceedings, conviction and sentence null and void.
|
18 October 2019 |
|
Applicant failed to show sufficient cause to set aside dismissal due to unsupported affidavit and missing documentary evidence.
Civil procedure – Order IX Rule 4 – Setting aside dismissal for want of prosecution – Applicant must show sufficient/good cause – Affidavit evidence: statements attributing information to third parties require supporting affidavits – Failure to produce claimed documentary annexures undermines application.
|
18 October 2019 |
|
Plaintiff proved unlawful eviction; defendant proved plaintiff changed use; partial award for renovation costs, other claims dismissed.
Lease — breach — unlawful eviction by lessor; Lease — change of use — lessee converting residential premises to commercial use; Damages — necessity of specific pleading and strict proof for specific and general damages; Counterclaim — renovation costs partially recoverable where evidence limited; Rent arrears — requirement for particularized evidence; Costs — each party to bear own costs where both partly succeed and fail.
|
18 October 2019 |
|
An unregistered association formed for social and economic purposes is null and void; appeal dismissed.
Societies Act — Registration of local societies — Requirement under s.12 and s.9(1) — Unregistered associations formed for social/economic purposes are invalid; validity of constitution/minutes dependent on statutory registration.
|
18 October 2019 |
|
Default imprisonment for unlawful presence quashed and replaced with immediate deportation to avoid state burden.
Immigration law – unlawful presence – fine with imprisonment in default – substitution by deportation. Revision jurisdiction – suo motu revision to correct sentence. Sentencing policy – avoiding unnecessary public burden by immediate deportation.
|
17 October 2019 |
|
Conviction for armed robbery reduced to grievous bodily harm where evidence did not establish intent to steal.
Criminal law – distinction between armed robbery and causing grievous bodily harm – need to prove intent to steal. Evidence – eyewitness testimony and PF3 can establish grievous harm even where robbery intent is absent. Procedure – admissibility/weight of delayed caution statements and visual identification issues raised but did not negate proof of grievous harm. Appellate/revisional powers – s.372 Criminal Procedure Act used to substitute conviction and vary sentence.
|
17 October 2019 |
|
Appeal allowed: defective particulars and insufficient proof (penetration, age, delayed PF3) warranted quashing the rape conviction.
Criminal law – Rape – requirement to prove penetration; Criminal Procedure Act – particulars of charge (Section 132) and necessity of adequate time particulars; evidential value of delayed PF3 and contradictions on victim’s age; appellate review where trial court failed to evaluate defence.
|
17 October 2019 |
|
Rape conviction quashed for defective charge, failure to prove penetration, unexplained delay in PF3 and uncertain age evidence.
Criminal law — Rape: requirement to prove penetration; charge particulars — necessity to state sufficient particulars (time and unlawfulness) under section 132; evidential value of delayed PF3; proof of victim's age; duty to evaluate defence evidence.
|
17 October 2019 |
|
Plaintiff’s claim for return and compensation failed for lack of proof of ownership and inadmissible secondary evidence.
Seizure of property in criminal proceedings – proof of ownership required in civil claim for return. Admissibility of secondary evidence – originals and Section 66–68 Law of Evidence Act. Effect of criminal court direction to return property where ownership not established in subsequent civil suit. Claim for compensation and damages dismissed for failure to prove title.
|
17 October 2019 |
|
The applicant was granted bail pending trial on stringent conditions while prosecution completes preparations.
Criminal law – Bail pending trial – Granting bail where prosecution is preparing information for trial but applicants complain of prolonged detention – Conditions for bail including sureties, cash bond, surrender of travel documents and reporting requirements. Procedural directions – remittal of file to trial court and delegation to Deputy Registrar/trial Magistrate to approve sureties. Charges – offences under Wildlife Conservation Act and Economic and Organized Crimes Control Act.
|
17 October 2019 |
|
Omission of names in charge not fatal, but district court lacked jurisdiction over an economic offence; convictions quashed.
Criminal procedure – Particulars of offence – Naming accused in particulars (Second Schedule, CPA) – omission not fatal if no prejudice – Section 388 CPA; Jurisdiction – Economic offences (Cap. 200) – Section 103 Wildlife Conservation Act made economic offence by Act No.3/2016 – subordinate court lacked jurisdiction absent certificate under section 12(3); Trial nullity – conviction quashed, sentence set aside, retrial declined.
|
17 October 2019 |
|
Failure to prove interchangeable names and comply with probate rules renders the grant of administration a nullity.
Probate law — identity of deceased — discrepancy in names; Rule 30 Probate Rules — affidavit required when deceased used more than one name; Evidence Act — burden and standard of proof in civil matters; Births and Deaths Registration Act — procedure for correction of register entries; Appeals from primary courts — copy of ruling not prerequisite under s.20(3) Magistrate Courts Act.
|
17 October 2019 |
|
A first‑time claim of minority on revision without evidence is an afterthought and will be dismissed.
Criminal law – Revision – Allegation of minority raised for first time on revision – Afterthought; Proof of age – necessity of material evidence (birth certificate or equivalent) to establish minority; Criminal procedure – Revision not available where no material irregularity or evidence to justify interference with trial findings or sentence.
|
17 October 2019 |
|
Pre‑marriage land ownership reduces equal division entitlement; house to be sold and proceeds split 65/35, maintenance upheld.
Matrimonial property – division under section 114 Law of Marriage Act – assets acquired before marriage but substantially improved during marriage – valuation of pre‑marriage land interest – consideration of parties’ contributions when dividing matrimonial house; custody and maintenance – allowance for health insurance cover.
|
17 October 2019 |
|
|
17 October 2019 |
|
Leave to appeal refused where applicant failed to prosecute appeal, offered no good legal issue and advanced inconsistent explanations.
Civil procedure – Leave to appeal – Application for leave to appeal to the Court of Appeal – Requirement of a good reason or point of law of sufficient importance. Civil procedure – Failure to prosecute – Dismissal of appeal for want of prosecution and subsequent application to set aside – negligence and duty to follow up case. Procedural credibility – Inconsistent dates and explanations undermining merit of an application.
|
17 October 2019 |
|
Primary Courts lack jurisdiction to determine probate of Christians; appeal struck out for want of jurisdiction.
Probate jurisdiction — Primary Courts limited to customary or Islamic law (or where deceased had fixed abode within court limits) — Paragraph 1(1), Fifth Schedule, Magistrates' Courts Act, Cap. 11 R.E. 2002 — Proceedings struck out for want of jurisdiction — District Court cannot validly hear appeal from an incompetent Primary Court.
|
17 October 2019 |
|
Primary Court lacked jurisdiction over a Christian deceased's probate; appeal struck out and fresh proceedings to be filed in competent court.
Probate jurisdiction – Primary Court limited to customary or Islamic law – Christian deceased excludes Primary Court jurisdiction under Fifth Schedule, Magistrates' Courts Act. Effect of lack of jurisdiction – subsequent appeal from an incompetent court is also without jurisdiction – appeal struck out. Remedy – refile probate proceedings in competent court.
|
17 October 2019 |
|
Imprisonment in default of a fine for a non‑citizen was set aside and substituted with immediate deportation.
Criminal law – Refugees Act s.20(1),(3) – entry into designated area without permit – sentence in default of fine. Criminal procedure – revision following prison inspection – assessment of correctness, legality and propriety of proceedings and sentence. Sentencing – substitution of imprisonment in default of fine with deportation for non‑citizens where imprisonment unduly burdens the State.
|
17 October 2019 |
|
|
17 October 2019 |
|
Employer must prove fair termination; procedural defects at disciplinary hearing render dismissal unfair.
Employment law – unfair termination – burden of proof on employer (s.39 ELRA) – procedural fairness at disciplinary hearing – admissibility and sufficiency of disciplinary evidence (Exhibit P8) – Rule 28(1)(a) G.N. 67/2007 (non-attendance) – compensation under s.40(1) ELRA.
|
17 October 2019 |
|
Appellant’s early withdrawal of a time‑barred appeal allowed; respondent’s costs claim denied for lack of filed documents.
Civil procedure – withdrawal of appeal at early stage – time‑barred appeal – costs: entitlement to costs requires substantive filings or demonstrable incurred expenses – preliminary objection must be filed to invoke formal objection.
|
17 October 2019 |
|
The applicant may withdraw a time‑barred appeal without costs where the respondent filed no court documents.
Civil procedure – Withdrawal of appeal – Application to withdraw an appeal admitted to be time‑barred – Costs – Whether respondent entitled to costs where only court attendance and oral submissions made and no documents filed – Precedent that absence of filed responsive documents negates costs award.
|
17 October 2019 |
|
Failure to follow rules on judicial succession and judgment pronouncement rendered the proceedings irregular, warranting nullification and retrial.
Civil procedure – change/reassignment of magistrates – Order XVIII Rule 10 – successor judge required to record reasons for taking over; failure is procedural irregularity; integrity and transparency of transfers. Civil procedure – judgment pronouncement on reassignment – Order XX Rule 2 – successor ordinarily must pronounce predecessor's written but undelivered judgment; successor composing new judgment without hearing witnesses undermines credibility assessment. Revisional jurisdiction – section 44(1) Magistrate Courts Act – nullification and remittal for fresh trial where procedural irregularities vitiate proceedings.
|
17 October 2019 |
|
Review dismissed: trial court properly exercised discretion to allow out‑of‑time defence; no manifest error or jurisdictional defect shown.
Civil procedure – summary suit – leave to file Written Statement of Defence (WSD) in summary proceedings – computation of time and exclusion of periods while interlocutory applications pending. Review proceedings – O. XLII, r.1 CPC – requirement of manifest error on face of record, miscarriage of justice or jurisdictional defect. Court’s discretion to extend time to file pleadings; application of overriding objective not a substitute for review grounds.
|
17 October 2019 |
|
The plaintiff recovered unpaid insurance premiums, 7% post-judgment interest and costs for the defendants' breach and default.
Insurance contract – breach for non-remittance of premiums; evidence: tripartite agreement, bordereaux, emails, acknowledgment and demand; award of specific damages (outstanding premiums); post-judgment interest at 7% and costs.
|
16 October 2019 |
|
Ex parte award of unpaid insurance premiums with 7% post-judgment interest and costs for breach of contract.
Contract law – breach of insurance agreement – failure to remit premiums under tripartite/group policies. Evidence – reliance on tripartite agreement, group policy, bordereaux, emails and acknowledgment letters in ex parte proceedings. Remedies – award of specific damages for unpaid premiums, post-judgment interest at 7% and costs (s.30 CPC). Procedure – judgment entered ex parte for defendants’ default in appearance and defence.
|
16 October 2019 |
|
Court substituted a five-year sentence with immediate release for a first offender who pleaded guilty and had served over a year.
Criminal law – Sentencing – First offenders – Plea of guilty as a mitigating factor – Courts should show leniency; Revision jurisdiction – Substitution of excessive sentence and order for release.
|
16 October 2019 |
|
Conviction for unlawful presence upheld but imprisonment in default of fine substituted with immediate deportation.
Immigration law – unlawful presence – sentencing – appropriateness of imprisonment in default of fine for foreign national; revisional power to substitute sentence; deportation as preferable alternative to incarceration for non-payment due to public interest and cost considerations.
|
16 October 2019 |
|
Convictions for unlawful presence upheld but imprisonment for fine-default substituted with immediate deportation to Burundi.
Immigration law – unlawful presence – conviction under s.45(1)(i) & (2) Immigration Act; sentencing – fine or imprisonment for fine-default; substitution of custodial sentence with deportation on revision.
|
16 October 2019 |
|
Extension of time granted because a jurisdictional illegality constituted sufficient cause; applicant directed to file set-aside application within 21 days.
Civil procedure – Extension of time – Sufficient cause – Lyamuya test – Illegality and jurisdiction as a point of law constituting sufficient cause to extend time to apply to set aside dismissal for want of prosecution. Change or conduct of counsel – not necessarily fatal where a point of law of sufficient importance exists. Procedure – extension of time must precede substantive application to set aside dismissal.
|
16 October 2019 |
|
Subordinate court lacked jurisdiction where Director of Public Prosecutions’ consent and certificate were not properly signed.
Criminal procedure – Economic and Organized Crime Control Act – consent and certificate required to confer jurisdiction on subordinate courts – must be issued/signed by the Director of Public Prosecutions; signature by Principal/State Attorney insufficient – trial nullity – proceedings and conviction quashed; retrial at DPP’s discretion.
|
16 October 2019 |
|
An equivocal response such as 'it is true' does not constitute a valid plea of guilty and cannot sustain conviction.
Criminal law – Plea of guilty – Equivocal or ambiguous pleas (e.g., 'it is true'/'it is correct') do not amount to a clear plea of guilty and cannot sustain a conviction entered on plea. Revision – Trial court acceptance of an equivocal plea is improper; conviction and sentence should be quashed and set aside.
|
16 October 2019 |
|
Applicant’s claimed ill-health did not justify unexplained, inordinate delay; extension of time to appeal was refused.
Extension of time – application under section 14(1) Law of Limitation Act and Order XLIII r.2 CPR – sufficiency of reasons – illness/medical reports as cause of delay – accounting for delay – inordinate delay and lack of diligence (Lyamuya principles) – dismissal; matrimonial proceedings — no order as to costs.
|
16 October 2019 |
|
Leave to appeal granted where appellate judgment contained alleged illegality, inconsistencies and disputed damages and interest.
Appellate procedure – Leave to appeal to Court of Appeal – Alleged illegality and arguable points of law – Duty of lower court to enable appellate scrutiny (Devram Valambia). Civil damages – General vs special damages – potential duplication and consistency of awards. Evidence – Alleged use of unadmitted document and inconsistencies in findings. Interest – Dispute over appropriate commercial interest rate awarded.
|
16 October 2019 |
|
Court granted bail to applicants charged with unlawful possession of government trophies, imposing sureties, reporting and half-value deposit.
Criminal procedure – Bail – Right to bail where offence is bailable – Application under section 29(4)(d) of the Economic and Organized Crime Control Act – Conditions including sureties, reporting and deposit equivalent to half the value of subject matter.
|
16 October 2019 |
|
Leave to appeal granted to determine alleged illegality in the High Court’s enhancement of taxed legal fees.
Appellate procedure – Leave to appeal under s.5(1) Appellate Jurisdiction Act – requirement of arguable point of law or disturbing features warranting Court of Appeal guidance. Civil costs – taxation and enhancement of instruction fees – alleged illegality of High Court enhancement. Standards for granting leave – reasonable prospects of success or need for appellate guidance (authorities applied).
|
16 October 2019 |
|
Court set aside imprisonment in default of fine and ordered immediate deportation for applicants convicted of unlawful presence.
Immigration law – unlawful presence – s.45(1)(i) and (2) – sentencing of foreign first offenders;* Sentencing – custodial sentence in default of fine – appropriateness and proportionality;* Revisionary jurisdiction – substitution of imprisonment with deportation;* Prison policy – avoiding unnecessary incarceration and State expense.
|
16 October 2019 |