|
Citation
|
Judgment date
|
| February 2020 |
|
|
The court convicted the respondent where victim and medical testimony proved penetration despite a missing court-held medical exhibit.
Criminal law – Unnatural offence (s.154 Penal Code) – penetration as essential element; evidentiary value of victim's testimony; corroboration by sibling and medical examiner; admissible medical report (PF3) lost from court file – loss while under court custody does not automatically vitiate admitted evidence; appellate intervention to quash acquittal and enter conviction.
|
10 February 2020 |
|
An order dismissing an application for extension of time to set aside an ex parte decree is not appealable absent statutory provision.
* Civil procedure – Appealability – Whether dismissal of an application for enlargement of time to set aside an ex parte decree is appealable – Section 74(1) Civil Procedure Code and Order XL Rule 1 – Law of Limitation Act (extension of time) – preliminary objection on point of law.
|
10 February 2020 |
|
|
10 February 2020 |
|
Appeal against custody award to mother dismissed; court upheld child’s best interests and maternal preference.
Family law — custody — child’s best interests paramount (Law of Marriage Act s125; Law of the Child Act s39) — maternal preference where factors balanced — appellate restraint on factual findings unless wrong principle shown — failure to obtain child’s view not fatal where welfare considered.
|
10 February 2020 |
|
Court extended time to appeal for 30 days, finding the striking out of the earlier appeal constituted sufficient cause despite some unparticularized allegations.
Extension of time — Magistrate's Courts Act s.25(1)(b) — Appeal struck out for joining wrong parties — Sufficiency of cause — Delay not due to applicant's negligence — Unparticularized claims of imprisonment/illness.
|
10 February 2020 |
|
Court certified legal issues on competence of post-attachment objection proceedings and joinder of judgment debtor/purchasers.
Appellate procedure — certification of points of law under s.5(2)(c) AJ Act; objection proceedings — competence when filed without joining judgment debtor/executor; competence of objections filed after attachment/sale and requirement to join purchasers; differentiation between legal questions suitable for certification and factual/evidential disputes.
|
10 February 2020 |
|
Court granted extension to lodge notice of intention to appeal due to applicant’s incarceration and loss of control over documents.
Criminal procedure — Extension of time to lodge notice of intention to appeal — Sufficient cause — Incarceration and lack of control over documents — Respondent’s lack of objection.
|
10 February 2020 |
|
Plaintiff failed to prove alleged wheat shortage; control and safekeeping were shared—claim dismissed with costs.
Commercial law – storage/lease of silos – oral lease – role of collateral manager – control and safekeeping shared; evidentiary burden – documentary proof required where recording systems exist; suspicion of shortage insufficient; claim dismissed with costs.
|
7 February 2020 |
|
Change of assessors and failure to properly admit PF3 vitiated trial and appeal proceedings; retrial was refused due to insufficient prosecution evidence.
* Criminal law – charge and conviction – accused charged with common assault but convicted of assault causing actual bodily harm; conviction of uncharged offence prejudicial.
* Criminal procedure – assessors – substitution/change of assessors during trial vitiates proceedings; primary court must sit with same assessors throughout.
* Evidence – documentary evidence (PF3) – documents must be produced, tested and formally admitted; failure to do so occasions injustice.
* Remedy – when to order retrial – retrial denied where prosecution would otherwise be allowed to fill gaps in its case; interest of justice governs retrial orders.
|
7 February 2020 |
|
A Deputy Registrar may not unilaterally extend decree payment time; full payment ordered by end-May 2020.
Execution of decree – payment timetable – Deputy Registrar's suo motu extension of time – inherent powers of the court must be exercised judiciously and with parties’ involvement – preliminary objections on decree validity raised late – court sets final payment deadline.
|
7 February 2020 |
|
Plaintiff proved unpaid consultancy fees; defendant failed to prove payment; judgment for plaintiff with interest and costs.
Contract law – unpaid consultancy fees; evidentiary burden of proof for payment; non-production of contractual addenda; arbitration clause and stay requirement; admissibility of invoices and correspondence as proof of debt.
|
7 February 2020 |
|
Failure to read admitted documentary exhibits is a fatal irregularity that collapsed the prosecution's case, leading to quashing of conviction.
* Criminal law – Wildlife offences – unlawful possession of government trophy – identification and valuation of seized meat; * Evidence – documentary exhibits – requirement to read contents after admission; failure to read is fatal and warrants expungement; * Criminal procedure – effect of expunging improperly admitted exhibits on sufficiency of prosecution case.
|
7 February 2020 |
|
Improper dating and unclear pronouncement of tribunal judgment rendered the decision void, prompting a retrial.
Land Disputes Tribunal — judgment pronouncement: judgment and decree must bear date of pronouncement; Civil Procedure Code Order XX (rules 2,3,7); improperly dated/certified judgment and absence of record of who pronounced judgment — proceedings null and void; retrial ordered.
|
7 February 2020 |
|
Extension application struck out for invoking wrong statute and for defective affidavit verification.
* Land Disputes Courts Act – jurisdictional distinction – section 38(1) applies to appellate/revisional jurisdiction; section 41(2) applies to original jurisdiction matters.
* Civil Procedure Code, Order XIX r.3(1) – affidavit verification – specific sub-paragraphs must be separately verified; general verification insufficient.
* Procedural competence – wrong statutory citation and defective affidavit attract striking out of application.
|
7 February 2020 |
|
Applicant failed to show sufficient cause for extension of time to file notice of appeal and leave; application dismissed with costs.
Extension of time – whether sufficient cause shown – application to file notice of appeal and leave to appeal – Lyamuya guidelines applied (account for delay, diligence, non-inordinate delay, sufficient reasons/illegality) – ignorance of law/sickness/waiting for certified copies insufficient – exchange of assessor on mention date not miscarriage of justice.
|
7 February 2020 |
|
Trial magistrate unlawfully cancelled bail without prosecutor’s application or reasons; bail quashed and restored.
* Criminal procedure – Bail cancellation – s.150 Criminal Procedure Act – prosecution’s duty to prove reasons on balance of probabilities; judicial officer should not act as prosecutor; unrepresented accused not to be penalised for failure to produce documentary proof; cancellation quashed and bail restored under s.373(1)(b).
|
7 February 2020 |
|
A review of a 2013 probate decision was dismissed as time‑barred; the court was functus officio.
* Limitation of actions – Probate review – Application for review of probate decision – Time bar under Law of Limitation Act Part III, item 21 (60 days).
* Res judicata / functus officio – previous dismissal by same court – court cannot revisit matters already conclusively decided.
* Procedural law – review is not an appeal; alternative remedy is suing estate administrator for recovery of property.
* Costs – unsuccessful, time-barred applications attract costs.
|
7 February 2020 |
|
Exclusion under Limitation Act applies only to a party previously sued; director’s claim time-barred, suit dismissed.
Limitation Act s21(1) – exclusion of period while prosecuting another civil proceeding; cause of action for bounced cheque; six-year limitation for contract claims; corporate personality distinct from shareholders/directors (Salomon principle); requirement of due diligence in earlier prosecution.
|
7 February 2020 |
|
Trial court must allow accused to show special reasons before reducing mandatory three-year licence cancellation under s.27(1)(a).
* Road Traffic Act s.27(1)(a) – mandatory three-year licence cancellation unless 'special reasons' shown. * Proviso requires accused be addressed and afforded opportunity to show special reasons before reducing cancellation. * Licence cancellation is distinct from sentence; separate reasoned decision required. * Failure to follow mandatory procedure warrants quashing and remittal (suo motu revision).
|
7 February 2020 |
|
Primary Court cannot grant unpleaded civil reliefs in criminal proceedings; District Court rightly set those orders aside.
Criminal procedure – Primary Court jurisdiction under Third Schedule MCA – Limits on awarding compensation in criminal proceedings; Civil reliefs (restitution/refund) cannot be ordered absent specific charge or pleaded claim; Right to be informed of charges and to prepare defence; Appellate review of Primary Court exceeding jurisdiction.
|
7 February 2020 |
|
A plaintiff’s parallel suits over the same property in different courts amount to abuse of process and may be struck out.
* Civil procedure – res subjudice – presence of two pending suits in different courts concerning the same immovable property – requirements under Section 8 CPC satisfied. * Abuse of process and multiplicity of litigation – forum shopping by instituting parallel proceedings struck out. * Jurisdictional difference between land courts and magistrate courts does not preclude finding res subjudice where same relief is obtainable.
|
7 February 2020 |
|
Failure to serve mandatory 90‑day statutory notice to the Government is fatal; suit struck out with costs.
Government Proceedings Act s.6(2) – mandatory 90‑day statutory notice to Government and copy to Attorney‑General – requirement unambiguous and imperative – cannot be waived by plea – failure fatal; suit prematurely instituted; struck out with costs.
|
6 February 2020 |
|
Unauthorized study absence amounted to constructive resignation; employer's refusal of study leave and subsequent termination were lawful.
Labour law – study leave discretionary; unauthorized absence/abscondment can constitute constructive resignation; employer not obliged to justify refusal of leave; procedural defects insufficient where employee abandoned employment.
|
6 February 2020 |
|
Applicant’s unlawful termination claim was time-barred as the cause of action accrued on termination and exceeded the six-year limit.
Limitation of actions – accrual of cause of action for unlawful termination – six-year general limitation (paragraph 24) – cause of action accrues on termination date – suit instituted after expiry without leave is time-barred and dismissed with costs.
|
6 February 2020 |
|
Appellant failed to prove ownership of village land; respondent’s evidence preferred and appeal dismissed with costs.
* Land law – proof of ownership and possession – allocation by village authorities – authority of village land committee versus village chairman; doctrine of recent possession. * Civil evidence – failure to call material witnesses – adverse inference; balance of probabilities; witness credibility.
|
6 February 2020 |
|
Applicant's unexplained 83-day delay and inadequate affidavit defeated application for extension of time to file revision.
Labour law — extension of time to institute revision — requirement to account for each day of delay; effect of striking-out; sufficiency and truthfulness of supporting affidavit; annexing relevant orders.
|
6 February 2020 |
|
Applicant failed to show good cause to set aside dismissal for nonappearance; court records and holding-briefs principle decisive.
Civil procedure – setting aside dismissal for nonappearance – Order IX Rule 4 and Section 95 CPC – sufficiency of reasons for nonappearance; court records as authoritative; advocate holding briefs binds instructing counsel.
|
6 February 2020 |
|
Applicant failed to show good cause to set aside dismissal for non-appearance; court relied on records and holding-briefs principle.
* Civil Procedure – setting aside dismissal for non-appearance – Order IX Rule 4 & Section 95 CPC – requirement of good and sufficient cause.
* Evidence – primacy of court records – contemporaneous court record binding and not easily impeached.
* Advocacy – advocate holding briefs – submissions by holding advocate presumed made on instruction; absent counsel estopped from denying recorded submissions.
|
6 February 2020 |
|
Applicant failed to prove sickness or account for each day of delay; application for certification and extension dismissed with costs.
Land procedure – extension of time – applicant must account for every day of delay; medical/clinic notes insufficient to prove incapacity for extension; certification of points of law under s.5(2)(c) requires arguable error; locus standi objection raised late and unpleaded may be treated as afterthought.
|
6 February 2020 |
|
Insufficient evidence that the accused pushed the deceased; one-year suspended sentence and release after three years' remand.
Criminal law — Manslaughter — proof of causation — insufficient evidence that accused pushed deceased from vehicle; Sentencing — time in remand and mitigating factors — one-year suspended sentence and immediate release.
|
6 February 2020 |
|
Accused shown to have been driving but insufficient evidence he pushed deceased; one-year suspended sentence given with immediate release.
* Criminal law – Manslaughter – whether evidence established that accused pushed deceased from vehicle – causation and evidentiary sufficiency; * Sentencing – credit for time spent on remand; suspended sentence as an appropriate mitigation; exercise of judicial discretion.
|
6 February 2020 |
|
Repudiated confessions unsupported by corroborative and medical evidence insufficient to convict the accused of murder.
Criminal law – reliance on repudiated confessions; need for corroboration; handwriting evidence and chain of custody; medical evidence on cause of death; judge’s duty when departing from assessors’ opinion.
|
6 February 2020 |
|
Accused convicted of manslaughter after quarrel; court granted absolute discharge considering lack of malice and time on remand.
Criminal law – Manslaughter under section 195 Penal Code – conviction on admission of causing death without malice; Sentencing – discretion under section 198 (maximum life) and section 38 (absolute discharge); Factors: quarrel/self-defence, lack of malice, first offender, time on remand.
|
6 February 2020 |
|
Appeal struck out for being filed beyond the statutory 45-day period without an application for extension of time.
Criminal Procedure Act (Cap.20) — section 361(1)(b) and (2) — statutory 45-day time limit for filing petition of appeal — obtaining copy excluded from computation — out-of-time appeals require application for extension of time — appeal struck out.
|
5 February 2020 |
|
Non‑reading of admitted documentary exhibits is fatal; the appellant's conviction quashed and retrial ordered.
* Evidence — Documentary exhibits — Mandatory reading of contents in court after admission; failure to read renders exhibits improperly admitted and subject to expungement.
* Evidence — Omnibus admission of documents — Collective tendering may prejudice right to challenge individual documents.
* Appellate review — Appellate court should not analyse oral evidence afresh where trial court failed to assess it; doing so prejudices accused's right to be heard.
* Criminal procedure — Retrial permissible where original trial was illegal or defective and interest of justice requires it.
|
5 February 2020 |
|
Appeal filed beyond the 45‑day statutory limit was struck out; appellant must apply for extension of time.
Criminal procedure – Appeals – Time limit under section 361(1)(b) Criminal Procedure Act – 45 days from receipt of judgment – Time to obtain copy excluded – Appeal filed out of time is incompetent and must be preceded by application for extension of time.
|
5 February 2020 |
|
A non-senior resident magistrate cannot lawfully impose imprisonment over 12 months without High Court confirmation.
Criminal procedure – Sentencing jurisdiction of subordinate courts – Section 170(1) and (2) Criminal Procedure Act – Resident Magistrate (non-senior) cannot impose imprisonment exceeding 12 months without High Court confirmation – Illegality and substitution of sentence.
|
5 February 2020 |
|
Failure to prove vehicle ownership, insurance, and driver employment defeats vicarious liability and damages award.
Civil liability – Motor vehicle accident – Proof of ownership and registration; Evidence – burden of proof under section 110(1) Evidence Act; Insurance – necessity of proving insurance contract/cover note; Vicarious liability – necessity to join driver and prove employment relationship; Damages – cannot be awarded where liability not established.
|
4 February 2020 |
|
Combining distinct prayers under s.5(1)(c) and s.5(2)(c) AJA renders an application omnibus and is struck out; fresh filing allowed.
* Civil procedure – preliminary objections – omnibus application – combining prayers under different subsections (s.5(1)(c) vs s.5(2)(c) AJA) renders application incompetent.
* Appellate procedure – leave to appeal and certification of point of law – distinct purposes; cannot be combined where not interdependent.
* Amendment/‘oxygen’ principle – incompetent applications cannot be cured by amendment; remedy is striking out.
|
4 February 2020 |
|
High Court exercises jurisdiction to grant bail for economic offences exceeding Tshs.10,000,000 and admits applicants on conditions.
* Criminal procedure – Bail – Jurisdiction of High Court where value of property involved in economic offence exceeds Tshs.10,000,000 – Economic and Organized Crime Control Act (section 29(4)(d)). * Bail conditions – Application of section 36 statutory requirements – surety, cash or title deed deposit, surrender of travel documents, travel restriction, and periodic reporting. * Bailable offences – entitlement to bail where respondent does not oppose.
|
3 February 2020 |
|
An appeal filed beyond the statutory period without an extension application is incompetent and dismissed.
* Criminal Procedure Act s.361(1)(b) – time limit for lodging petition of appeal – mandatory forty‑five days (time to obtain copies excluded).
* Law of Limitation Act s.14(1) – extension of time for appeals – requirement to show reasonable or sufficient cause.
* Procedure – competence of appeal – court must first determine jurisdiction/competence before addressing merits.
* Pleadings – petition of appeal must properly name all appellants.
|
3 February 2020 |
|
Accused convicted of manslaughter but released due to lack of intent, contributory fault of deceased, remorse and remand time.
Criminal law – Manslaughter under section 95 Penal Code; plea of guilty; mutual intoxication and contributory fault; sentencing discretion; consideration of remorse and remand time.
|
2 February 2020 |