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Citation
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Judgment date
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| June 2020 |
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Petition for letters of administration granted where petitioner met statutory requirements and no objections were filed.
Probate and Administration — Grant of letters of administration under s.56(1) — Requirement of affidavits, administration bond, heirs' consent and publication — Effect of no caveat or objection — Appointment of administratrix.
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17 June 2020 |
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16 June 2020 |
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An appeal originating from the Tribunal's original jurisdiction must be by memorandum; filing as a petition is fatal.
Civil procedure – Form of appeal – Appeal from District Land and Housing Tribunal exercising original jurisdiction must be by memorandum; Interpretation of Laws Act s53 – word "shall" construed as mandatory; Overriding objective principle cannot displace mandatory procedural requirements; Counsel’s negligence not excusing non‑compliance.
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16 June 2020 |
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Conviction quashed where victim failed to identify assailant and prosecution evidence was insufficient to meet the beyond‑reasonable‑doubt standard.
Criminal law – Evidence – Rape: necessity of reliable identification; medical evidence of penetration (PF3) insufficient alone to convict without cogent identification; investigating officer's uncertainty undermines prosecution case; standard of proof beyond reasonable doubt.
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16 June 2020 |
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The High Court dismissed the applicant’s premature revision, holding section 79 CPC applies only to finally decided subordinate-court matters.
Civil procedure — Revision — Section 79(1) CPC — "Decided" requires final determination; revision not available for interlocutory/interim orders. Premature invocation of High Court supervisory jurisdiction — matters pending before subordinate court should be determined there first. Correctable defects in pleadings or drawn orders are for trial court to remedy, not immediate revision.
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16 June 2020 |
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An appeal filed beyond the statutory 45-day period without an extension is incompetent and must be dismissed.
Criminal procedure – appeal time limits – section 361(1)(b) CPA – forty-five day requirement (excluding time to obtain copies). Law of Limitation Act s.14(1) – court may extend time for appeal for reasonable/sufficient cause; application required. Competence/jurisdiction – courts cannot entertain appeals that are statutorily time-barred; determine competence first. Procedural remedy – must apply for extension of time before or after expiry with reasons; absent this, appeal dismissed.
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16 June 2020 |
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Trial court’s failure to specify statutory offence and to afford the accused right to be heard rendered conviction and sentence a nullity.
Criminal procedure — Judgment requirements — non‑compliance with s.312(2) CPA renders conviction nullity; Right to be heard — non‑compliance with s.231(1) CPA vitiates proceedings; Remittal for reconstruction and proper hearing.
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16 June 2020 |
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A withdrawn ward-tribunal case is not res judicata; the district tribunal misapplied res judicata and the matter was remitted.
Land law – res judicata – withdrawn ward-tribunal application is not a final adjudication and cannot operate as res judicata; appeal remitted for fresh hearing before a different Chairperson and assessors.
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16 June 2020 |
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A loan dispute exceeding the district court's monetary limit is a commercial matter, rendering the district court proceedings null and void.
Civil procedure – Jurisdiction – Commercial cases under Magistrates' Courts Act s.40(3)(b) – monetary threshold for District Court. Commercial law – Loan agreements and enforcement – disputes arising from banking/financial services are commercial matters. Jurisdictional defect – proceedings conducted without jurisdiction are null and void and liable to be quashed.
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16 June 2020 |
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A district court lacked jurisdiction over a commercial loan dispute exceeding its pecuniary limit, rendering its judgment void.
Civil procedure – jurisdiction – Magistrates' Courts Act s.40(3)(b) – pecuniary limit for commercial cases. Commercial law – disputes arising from loan and security agreements fall within commercial jurisdiction. Nullity – proceedings and judgment rendered by a court lacking jurisdiction are null and void.
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16 June 2020 |
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Respondent's failure to file ordered written submissions led to dismissal of preliminary objections; probate application to proceed on merits.
Probate — application to revoke letters of administration — preliminary objections (time bar, res judicata, defective verification, lack of affidavit support) — failure to file ordered written submissions tantamount to abandonment — preliminary objections dismissed; matter to proceed on merits. Civil procedure — non‑compliance with court directions — failure to file submissions permits court to act and results in dismissal of unprosecuted objections.
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16 June 2020 |
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One-day delay excused; equivocal guilty plea and procedural failures rendered conviction void and retrial ordered.
Criminal procedure — Plea of guilty — Requirement to explain essential ingredients and read facts to accused (s.228 CPA); Ambiguous/incomplete plea — conviction unsafe; Procedural error — conducting preliminary hearing after guilty plea; Notice of appeal — short delay excused where notice signed in time and appellant unrepresented/in custody; Conviction and sentence quashed; Retrial ordered with credit for time served.
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16 June 2020 |
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A probate application was struck out as res judicata due to a prior appellate decision; each party to bear their own costs.
Probate and Administration – grant of letters of administration; res judicata – effect of prior appellate decision on subsequent probate petition; absence of petitioners at hearing – striking out petition; costs – each party to bear own costs.
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16 June 2020 |
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Failure to state the statutory section at conviction renders the criminal judgment void and requires remittal for proper judgment.
Criminal law – Conviction – Requirement to state the offence and statutory section at conviction – Failure to cite statutory provision renders judgment and sentence nullity. Criminal procedure – Curability – Omission to enter proper conviction is fatal and not curable under section 388(1) CPA or by overriding objective. Remedy – Setting aside judgment and sentence and remittal to trial court to recompose judgment and pass proper sentence.
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16 June 2020 |
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Revision is not a substitute for appeal; a 'technical delay' pursuing an incorrect route can justify extension of time to set aside an ex parte judgment.
Revision — not an alternative to appeal; revisional jurisdiction limited to impropriety, illegality or material irregularity; extension of time — 'technical delay' caused by pursuing alternative remedy can justify extension; ex parte judgments — right to apply to set aside and appropriate procedure.
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16 June 2020 |
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Court granted extension to refile a struck‑out primary‑court appeal despite some unexplained delay, requiring strict accounting of days.
Probate and administration appeals – extension of time to appeal; application under Civil Procedure (Appeals in Proceedings Originating in Primary Courts) Rules (GN. No. 312 of 1964). Primary court appeals – consequence of filing out of time: striking out under GN. No. 311 of 1964; Law of Limitation Act not directly applicable. Extension of time – must account for each day of delay; short excusable delay for non‑working days may be tolerated. Alleged illegality – must be apparent on the face of the record to justify extension. Affidavit verification – typographical errors not automatically fatal.
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16 June 2020 |
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Eyewitness ID, admitted absent-witness statement and common intention established guilt; alibi rejected for non‑compliance with statutory notice.
Criminal law – murder – elements: death by unlawful act, causation and malice aforethought; reliance on post-mortem and eyewitness evidence. Visual identification – Waziri Amani criteria: time observed, distance, light source/intensity, prior acquaintance; identification at night can be reliable if criteria satisfied. Alibi – statutory notice under s.194(4)–(5) CPA required; failure to notify and to call corroborative witnesses permits exclusion of alibi (s.194(6)). Joint enterprise/common intention – s.23 Penal Code: participants in unlawful common purpose liable for probable consequences (including murder by a co-participant). Evidence Act s.34B – admission of statement of absent witness; weight assessed with other evidence. Standard of proof – prosecution must establish guilt beyond reasonable doubt; minor contradictions do not necessarily defeat conviction.
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16 June 2020 |
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Conviction for grievous harm upheld; sentence reduced as manifestly excessive and appellants ordered released due to time served.
Criminal law – grievous harm – identification evidence and burden of proof – prosecution must prove guilt beyond reasonable doubt; Sentencing – appellate interference where trial court acted on wrong principle or imposed manifestly excessive sentence; Reduction of sentence and release on account of time already served.
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16 June 2020 |
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Court upheld challenged Access to Information Act provisions and dismissed the constitutional petition.
Constitutional law — Access to Information Act — challenges to multiple sections — presumption of constitutionality — three‑part/proportionality test for limitations on freedom of expression — exemptions for privacy, national security and public interest — administrative finality subject to judicial review.
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16 June 2020 |
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Appellant's rape conviction quashed for unsafe visual identification and insufficient evidence linking the appellant to the offence.
Visual identification — necessity of caution and eliminating all reasonable possibilities of mistaken identity; Rape — victim’s evidence is vital but must be scrutinized; Medical report (PF3) may show penetration but does not identify perpetrator; Conviction quashed where identification and linking evidence are unsafe.
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16 June 2020 |
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Conviction quashed where burglary, identification, possession of stolen items and voluntariness of cautioned statement were not proved beyond reasonable doubt.
Criminal law – Burglary and stealing – proof of breaking and unlawful entry; Evidence – identification and possession of stolen property; Cautioned statements – voluntariness and right to have relative/Justice of the Peace present; Appellate review – re-evaluation of evidence and benefit of doubt.
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16 June 2020 |
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Court appointed administrators pendente lite to preserve the estate, rejecting caveator's request to stay proceedings.
Probate and Administration – appointment of administrator pendente lite under s.38 – caveat in main petition does not automatically bar separate pendente lite application – preservation of estate and foreign investments – court supervision of pendente lite appointees – requirement to disclose specific objections in counter affidavit.
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15 June 2020 |
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Reported
Appeal allowed where withdrawal of charges against a co-accused undermined prosecution credibility and evidence proved insufficient.
Criminal law – unlawful entry into national park; possession of weapons and government trophies – certificate of seizure and search requirements; chain of custody for exhibits; credibility of prosecution where charges against co-accused withdrawn; failure to read admitted exhibit to accused – expungement.
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15 June 2020 |
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Parties filed a consent settlement; court recorded it, withdrew the revision, and struck out respondent's claim to Plot No.192.
Civil revision — consent settlement under Order XXIII, Rule 3 CPC — recording and marking withdrawn — deed of settlement extinguishing property claim — payment-in-instalments with revival clause.
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15 June 2020 |
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Revisional application dismissed for raising unpleaded matters instead of amending the chamber summons.
Criminal procedure – Revisional jurisdiction of High Court; parties bound by pleadings in chamber applications; amendment required to raise new matters; ambush by unpleaded submissions unacceptable.
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15 June 2020 |
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Second appeal dismissed: afterthought challenges to tribunal composition, trial record and sketch map rejected; costs awarded.
Land law – appeals – afterthought grounds on second appeal – objection to tribunal composition must be raised earlier or is estopped under s.123 Evidence Act. Civil procedure – impeachment of court record – requires proper procedure/affidavit; oral denial insufficient. Evidence – locus in quo visit – failure to identify disputed parcel undermines claim of long possession. Documentary/extramaterial aids – tribunal-drawn sketch map as illustration not party evidence and cannot be relied upon as determinative.
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15 June 2020 |
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Buyer entitled to refund where seller failed to prove ownership of unsurveyed land; caveat emptor inapplicable.
Sale of property – advance payment and balance – obligation to prove ownership when challenged – refund of advance for frustrated contract. Evidence – insufficiency of ownership documents relating to the specific property sold – burden to prove title after challenge. Caveat emptor – limited where seller’s ownership is disputed and seller fails to substantiate title. Jurisdiction – contractual breach and refund claims properly heard by trial court; title disputes for land tribunal. Limitation – Customary Law (Limitation of Proceedings) Rules: three-year limitation for oral contracts; court may admit late proceedings for sufficient cause.
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15 June 2020 |
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Court upheld theft conviction: asportation and identity proven; identification parade unnecessary.
Criminal law – Theft – Elements: asportation and mens rea (animus furandi) – Identification – Identification parade corroborative, not substantive – Witness credibility and immaterial inconsistencies – Burden of proof beyond reasonable doubt – Failure to cross‑examine as admission.
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15 June 2020 |
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The accused were acquitted because the prosecution failed to establish a prima facie murder case.
Criminal law – murder – prima facie case under section 293(1) CrPC; identification parade and non‑calling of material witness – adverse inference; chain of custody – admissibility of firearm and ballistic evidence; voluntariness of cautioned statement – trial‑within‑a‑trial; prosecution duty to prove identity and causation beyond reasonable doubt.
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15 June 2020 |
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Prosecution failed to establish a prima facie murder case due to missing witness, broken chain of custody and doubts over cautioned statement.
Criminal law – Prima facie case under section 293 Criminal Procedure Act; admissibility and voluntariness of cautioned statements; failure to call material witness and adverse inference; chain of custody for firearm and exhibits; identification parade and ballistic evidence.
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15 June 2020 |
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Appeal dismissed: court found penetration, reliable identification and corroborative medical and recovery evidence sufficient to confirm rape conviction.
Criminal law – Rape – Proof of penetration – ordinary language and context can show penetration despite imprecise phrasing. Criminal law – Corroboration – medical evidence (presence of sperm) and recovery of victim’s property corroborate complainant’s account. Evidence – Identification – immediate disclosure and community apprehension can render identification reliable. Procedure – Exhibits – formal irregularity in tendering documents does not necessarily defeat admissible oral evidence.
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15 June 2020 |
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Court declared defendant lawful owner, cancelled plaintiffs' title as irregular, dismissed plaintiffs' damages claim, awarded defendant Tshs.15,000,000.
Land law – ownership dispute – prior sale agreements and court judgment determining ownership. Land registration – validity of title – rectification/cancellation under section 99(1)(a) Land Registration Act where registration tainted by irregularities. Evidence – comparison of signatures and documentary proof of sale. Civil procedure – execution by court broker/executor not impleaded – impact on damages claim for demolition. Remedies – declaration of lawful ownership, cancellation of title, award of general damages and costs.
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15 June 2020 |
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Rape conviction quashed where PF3 unread, child witness failed to promise to tell truth, and penetration/age were unproved.
Criminal law – Rape – necessity to prove penetration; Evidence – documentary exhibits admitted but not read out must be expunged; Evidence – child witness of tender age must promise to tell the truth under s.127(2) or evidence has no value; Criminal procedure – charge-sheet errors: sex may be curable under s.388 but uncertainty as to age in statutory rape is fatal; Identification and sufficiency of evidence – conviction unsafe if essential elements are unproved.
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12 June 2020 |
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Preliminary objections under cooperative regulations cannot dispose a defamation suit hinging on disputed facts; matter remitted for merits.
Cooperative law — scope of dispute‑resolution regulations — Regulation 83(1) (GN 272/2015) and corresponding provisions apply to disputes concerning the business of the society and members or those claiming through them, not to unrelated torts. Civil procedure — preliminary objections — must be pure points of law; factual disputes require evidence and trial. Civil procedure — jurisdictional defect — striking out vs dismissal; dismissal improperly bars refiling.
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12 June 2020 |
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High Court set aside property division for lack of evidentiary basis and ordered retrial due to trial irregularities.
Family law – Presumed marriage/cohabitation – division of assets – requirement for proof of joint acquisition or contribution for property division. Evidence – burden of proof and necessity to establish provenance and quantities of assets before making specific awards. Civil procedure – irregular admission of exhibit after close of case – effect on trial proceedings and appropriate remedy (nullification and retrial). Appellate review – misdirection by appellate court where awards lack evidentiary basis and are incapable of execution.
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12 June 2020 |
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An appeal filed outside the statutory 45-day period without an extension must be dismissed even if merits remain unaddressed.
Limitation — appeal time-barred — Law of Limitation Act Cap.89 First Schedule Part II (45 days) — Courts (Land Disputes Settlement) Act s.38(1) — requirement to apply for extension of time — dismissal of appeal where no extension sought.
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12 June 2020 |
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Whether cohabitation constituted marriage and whether jointly‑acquired house should be distributed between the parties.
Family law – presumption of marriage under s.160 LMA – rebuttal by separation; joint acquisition of property – monetary and non‑monetary contributions; conciliation board certificate requirement for divorce petitions – inapplicable where no marriage proved.
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12 June 2020 |
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Court appointed temporary receivers to manage an intestate estate, holding the Primary Court lacked jurisdiction for the prior administration order.
Probate—receivership pending grant of letters of administration; Primary Court lacked pecuniary jurisdiction for probate appointment; intestate estate management; beneficiaries' standing and proof of parentage; preservation of estate assets.
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12 June 2020 |
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Court exercised discretion and extended time to lodge appeal due to prompt pursuit and counsel’s inadvertent error.
Law of Limitation Act s.14(1), s.19(1) – extension of time to lodge appeal – computation of limitation period from date copies of proceedings/judgment obtained; Extension of time – special circumstances – advocate’s inadvertence/misconception can, in context and with prompt pursuit by applicant, justify exercise of discretion; Relief – grant of 14 days to lodge appeal; costs to follow outcome.
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12 June 2020 |
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Court dismissed the applicant's application for want of prosecution after prolonged inactivity and failure to serve summons.
Civil procedure – non-prosecution – dismissal for want of prosecution where there is prolonged inactivity and failure to serve summons on respondents.
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12 June 2020 |
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Applicants charged with economic offences granted bail subject to half-value deposit, bonds, sureties and travel restrictions.
Criminal procedure – Bail in economic offences – application of Sections 29 and 36 of the Economic and Organized Crime Control Act and Section 148(5)(e) of the Criminal Procedure Act; joint deposit of half the value where property exceeds Tshs.10,000,000. Bail considerations – availability for trial, risk of absconding, committing further offences, interfering with investigations, gravity of offence. Sureties and bonds – requirements for immovable property within jurisdiction and approval by Court registry. Precedent – application of Patel, Tito Lyimo, Silverster Hillu Dawi principles on bail.
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12 June 2020 |
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Whether the High Court misapprehended evidence and whether appellate courts decided an unraised abandonment issue without hearing parties.
Land law – appellate procedure – certification under s.47(2) Land Disputes Courts Act – point of law for Court of Appeal. Evidence – misapprehension of evidence as point of law versus sufficiency as question of fact. Appellate jurisdiction – whether appellate courts may decide issues (abandonment) not raised at trial without hearing parties.
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12 June 2020 |
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Continued work after a fixed‑term expiry constituted renewal by default, entitling the applicant to salary in lieu of notice.
Employment law – Fixed‑term contract – Renewal by default where employee continues work after expiry – Unfair termination where employer thereafter terminates without reason – Remedies: salary in lieu of notice and certificate of service; severance excluded by s.42 – GN No.42 Rule 4(2)–(4); ELRA ss.41, 42, 44(2).
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12 June 2020 |
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Application for leave to appeal was struck out as time-barred; registry evidence required to excuse delay.
Civil procedure — Appeal — Leave to appeal to Court of Appeal in land matters — Time limit governed by Rule 45(a) of the Court of Appeal Rules — 30-day period. Extension of time — High Court cannot grant time beyond statutory limit. Reckoning of time — where delay attributed to late supply of ruling, applicant must produce registry evidence to prove date of receipt.
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12 June 2020 |
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Revision dismissed because the tribunal’s ruling was interlocutory and the main matter remains pending.
Civil procedure – Revision – Interlocutory/preliminary orders – Section 79(2) Civil Procedure Code – Revision barred where decision does not finally determine the suit – Premature application.
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12 June 2020 |
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A defamation claim hinging on resignation and disciplinary issues is a labour matter and outside ordinary court jurisdiction.
Labour law – jurisdiction – matters concerning resignation and disciplinary action arise from employment relationship and fall within the exclusive jurisdiction of labour dispute forums (CMA/Labour Court); Defamation/tort claims intimately linked to employment must be brought in labour forums; Jurisdictional objections can be raised at any stage.
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12 June 2020 |
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Appeal allowed: visual identification and procedural defects in cautioned statement and parade rendered conviction unsafe.
Criminal law – Armed robbery appeal; visual identification – adequacy of lighting and possibility of mistaken identity; cautioned statement – compliance with CPA section 50(1)(a) four-hour rule and necessity for extension under section 51; identification parade – mandatory PGO 232 rule 2(s) requirements and signatures; prosecution witness selection – failure to call officer who received first report may undermine case.
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12 June 2020 |
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Conviction for attempted rape quashed because charge particulars omitted the essential 'threat' element, a fatal incurable defect.
Criminal law — Attempted rape (s.132 Penal Code) — Particulars of offence must state ingredients in s.132(2) including 'threat'; defective charge omitting essential ingredient is incurable under s.388 CPA and renders conviction a nullity; accused prejudiced if not informed of offence particulars.
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12 June 2020 |
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Property division varied: applicant keeps Picha ya ndege; Morogoro and Chalinze restored to respondent due to lack of proven contribution.
Matrimonial property division – Proof of contribution – Extent of contribution determinative for sharing – Personal property vs matrimonial asset – Appellate review limited where factual findings were not appealed – Section 110(1) Evidence Act relevance.
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12 June 2020 |
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Conviction for child rape quashed for failure to prove identity, PF3 irregularly admitted, and child evidence improperly recorded.
Criminal law – Child rape – Identification – Dock identification without prior description is unreliable; identity must be proved beyond reasonable doubt. Evidence – Documentary evidence (PF3) – Improper admission where not read to accused; expunged. Evidence – Child witness – Compliance with s.127(2) Evidence Act (ascertainment and promise) required; failure reduces probative value. Evidence – Hearsay – Statements relayed by PW2/PW4 inadmissible to establish the commission/identity of the offender. Medical evidence – Loss of hymen indicates penetration but does not, by itself, identify the assailant.
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11 June 2020 |