|
Citation
|
Judgment date
|
| July 2020 |
|
|
The court held a spoken threat completed the offence; leaving was immaterial and the respondent was convicted and given community service.
Criminal law – Threatening to kill – Section 89(2) Penal Code – Spoken words alone can complete the offence; subsequent departure immaterial – Appellate interference justified where lower courts misdirect on law/evidence – Community Service Order as alternative to imprisonment under Community Service Act.
|
31 July 2020 |
|
House bought during cohabitation is matrimonial property; domestic and informal trade contributions justify a share; appeal dismissed.
Matrimonial property – pre-marriage acquisition during cohabitation; presumption of marriage (s.160) – effect on property division; Law of Marriage s.114 – monetary and non‑monetary contributions (domestic work, informal trade) as qualifying contribution; evidentiary weight of sale agreement and lack of title transfer; appellate review of concurrent factual findings.
|
30 July 2020 |
|
|
30 July 2020 |
|
|
30 July 2020 |
|
Victim's materially contradictory testimony undermined prosecution's case, leading to quashing of the rape conviction and sentence.
Criminal law – burden of proof – prosecution must prove guilt beyond reasonable doubt. Evidence – contradictions in key witness (victim) testimony – credibility and effect on prosecution case. Sexual offences – victim’s evidence is crucial but must be credible; where expunged, conviction cannot stand without corroboration. Appeal – conviction quashed for lack of proof beyond reasonable doubt.
|
30 July 2020 |
|
Rape conviction quashed where complainant's material contradictions rendered prosecution evidence insufficient beyond reasonable doubt.
Criminal law – Onus of proof – prosecution must prove guilt beyond reasonable doubt; Evidence – Credibility of complainant in sexual offence cases – material contradictions may render testimony unreliable and justify expunging evidence; Appeal – Conviction unsafe where the key witness recants or gives contradictory evidence.
|
30 July 2020 |
|
Court found termination both procedurally and substantively unfair and substituted 15 months with 60 months' compensation.
Labour law – unfair termination – substantive and procedural unfairness; remedy – reinstatement versus compensation; statutory minimums and factors in assessing compensation; revision of CMA award by High Court.
|
30 July 2020 |
|
|
30 July 2020 |
|
The court granted the applicant an extension to appeal, finding sufficient cause and an arguable point of law.
Extension of time to appeal – discretionary relief – requirement to show sufficient cause – factors: length of delay, reasons for delay, dilatory conduct and arguable point of law/illegality – Law of Limitation Act s.14(1).
|
30 July 2020 |
|
Court granted extension to appeal where prisoner filed notice in wrong forum and attempted timely compliance.
Criminal procedure – Extension of time to appeal – s.361(2) Criminal Procedure Act – discretionary relief. Good cause – prisoner’s lack of control over filing; filing in wrong forum; attempted compliance within statutory period. Unopposed application – weight of respondent’s non-opposition in granting extension.
|
30 July 2020 |
|
Application for extension of time to appeal dismissed for failure to account for delay, inadequate medical proof, and no clear illegality.
Civil procedure – Extension of time to appeal – s.11(1) Appellate Jurisdiction Act – requirements: account for all delay; not inordinate; demonstrate diligence or sufficient reason (including limited scope for illegality) – technical delay distinguished from unexplained delay – insufficiency of retrospective medical evidence to justify delay.
|
30 July 2020 |
|
Temporary injunction refused where relief would pre-empt main suit and complained acts had already occurred.
Civil Procedure – Temporary injunction – Atilio v Mbowe test (serious issue, irreparable harm, balance of convenience) – injunction not to pre-empt main suit – acts already executed cannot be remedied by injunction – application dismissed with costs.
|
30 July 2020 |
|
Extension granted because assessors’ apparent non-participation constituted an illegality vitiating the tribunal decision.
Civil procedure – extension of time – sufficient reasons – delay awaiting certified copies excluded but additional unexplained delay fatal.* Civil procedure – technical delay doctrine applies only where original filing was within time.* Evidence/procedure – assessors’ participation – absence of written opinion and effective participation is an illegality apparent on face of record and vitiates tribunal proceedings.* Practice – points of law (illegality) may be raised at any stage if parties can address them.
|
30 July 2020 |
|
Failure to read admitted exhibits aloud requires expungement, but credible victim testimony can still sustain conviction.
Criminal law – Unnatural offence (carnal knowledge against the order of nature) – Credibility of child complainant – Delay in reporting – Medical evidence – PF3 and sketch map expunged where not read aloud after admission – Legal aid entitlement not automatic; must be requested/certified – Juvenile‑procedure rule for accused does not apply where child is a victim.
|
30 July 2020 |
|
Unexplained multi‑decade probate delay and failure to disclose cause of action vitiated the land claim; tribunal decision quashed.
Land law – probate delay and locus standi – unreasonable multi‑decade delay in applying for letters of administration; failure to sue as administrator; pleadings – non‑disclosure of cause of action vitiates proceedings (Order VII r.1(e)); burden of proof on person asserting title (s.110 Evidence Act); village land allocation and long occupation as proof of possession.
|
30 July 2020 |
|
No reply is required to a preliminary objection; revocation of letters of administration must be sought in the Primary Court.
Civil procedure – preliminary objection – no procedure to file a reply; Jurisdiction – revocation of letters of administration lies with the Primary Court that granted them; Res judicata – applicability where earlier court dealt with probate matters.
|
30 July 2020 |
|
Applicant entitled to bail under EOCCA; title deed not mandatory—other proof of immovable property accepted.
Economic and Organized Crime Control Act (EOCCA) – Jurisdiction under s.29(4)(d) where property value ≥ Tshs.10,000,000 – High Court hears bail applications. Bail – constitutional presumption of innocence vs statutory conditions under s.36 EOCCA. s.36(5)(a) EOCCA – title deed not mandatory; other evidence of immovable property acceptable. DPP certificate under s.36(2) EOCCA required to bar bail on public interest grounds. Apportionment of statutory security among multiple accused (sharing principle).
|
30 July 2020 |
|
Applicants charged with economic offences granted bail; title deed not mandatory under EOCCA s.36(5)(a).
Criminal procedure – Bail under the Economic and Organized Crime Control Act (EOCCA) – Jurisdiction of High Court where property involved is Tshs. 10,000,000 or more (s.29(4)(d)). Bail – Constitutional right and statutory conditions – presumption of innocence and section 36 EOCCA requirements. EOCCA s.36(2) – DPP certificate required to refuse bail on public interest/safety grounds. EOCCA s.36(5)(a) – Title deed not mandatory; other satisfactory evidence of immovable property acceptable. Apportionment of security among multiple accused – principle of sharing applied to compute per‑accused deposit.
|
30 July 2020 |
|
|
30 July 2020 |
|
Appellate court found trial court properly considered the applicant's witnesses and dismissed claim for damages by the losing applicant.
Civil procedure – recording of evidence in judgment – trial court must deal with material facts only; omission of immaterial particulars does not amount to failure to consider evidence. Remedies – damages – court will not award damages to a party against whom judgment is entered. Appellate review – appellate court will examine record to determine whether trial court properly evaluated witnesses' testimonies.
|
30 July 2020 |
|
The applicant’s tort claims for defamation and false imprisonment were time‑barred under the Limitation Act.
Limitation of actions – torts (defamation and false imprisonment) – accrual of cause of action – Item 6 Part I, Schedule to the Law of Limitation Act – preliminary objection on time bar – dismissal with costs.
|
30 July 2020 |
|
Where parties agreed to arbitrate and no arbitral award exists, the court has no jurisdiction and dismisses the application.
Arbitration clause – contractual agreement to arbitrate disputes; exhaustion of agreed dispute-resolution procedure before court; absence of arbitral award – court lacks jurisdiction to entertain enforcement/application; court appointment of arbitrator only in limited circumstances under Arbitration Act, Cap 15.
|
30 July 2020 |
|
Applicants failed to prove constructive dismissal; CMA award dismissing their claims is upheld.
Labour law — constructive dismissal; requirements for constructive termination (intolerable environment, causation, no voluntary resignation); proof standard; obligation to exhaust internal grievance mechanisms; GN. No. 42/2007 (Code of Good Practice).
|
30 July 2020 |
|
|
30 July 2020 |
|
|
30 July 2020 |
|
Leave to appeal granted where High Court's alleged legal and procedural errors raised arguable issues warranting Court of Appeal guidance.
Leave to appeal — Land Disputes Courts Act s.47(2) and Court of Appeal Rules r.45(a) — test for leave (arguable case/serious point of law or mixed law and fact) — jurisdiction to order rectification of titles — procedural fairness on change of tribunal chairperson — admissibility of evidence — alleged misdirection on title acquisition — reliance on extraneous matters.
|
30 July 2020 |
|
Applicant granted matrimonial home; domestic contributions recognised and child maintenance increased to TSh 100,000 per month.
Matrimonial property – division of assets under Law of Marriage Act s114; burden of proof on alleged transfer (waqf/endowment); domestic/housewife contributions recognized as matrimonial contributions; child maintenance under s129 – adequacy and adjustment; disposal of matrimonial assets without spouse's consent.
|
30 July 2020 |
|
Conviction quashed after key exhibits were irregularly admitted and the record failed to show delivery of judgment.
Criminal procedure — Delivery of judgment — Record must show judgment delivered and accused found guilty. Evidence — Documentary exhibits — Documents must be admitted then read out; omission to read out irregularly admits and are expunged. Evidence — Cautioned statement — Must be formally admitted before being read; reading before admission is irregular. Evidence — Failure to call relevant witness (alleged owner) — Permits adverse inference against prosecution. Conviction — Cannot stand where conviction depends on irregularly admitted evidence and prosecution case is weakened.
|
30 July 2020 |
|
Appeal allowed; conviction quashed due to procedural irregularities and insufficient admissible evidence.
Criminal law – unlawful possession of firearms – evidential requirements for admission of seizure certificates and cautioned statements. Criminal procedure – necessity to deliver and record judgment and finding of guilt under statutory requirements. Evidence – documentary evidence must be admitted then read out; failure to do so renders it irregular and expungible. Evidence – failure to call key witness/owner permits adverse inference against the prosecution.
|
30 July 2020 |
|
|
30 July 2020 |
|
Taxing Officer’s reductions of unproven and DLHT-incurred costs upheld; reference dismissed.
Advocates Remuneration – reference against taxation – discretion of Taxing Officer – interference only where unjudicial – proof of costs requires reliable documentary or oral evidence – uncertified photocopy receipts unreliable – costs incurred in lower tribunal not taxable by appellate taxing officer absent award.
|
30 July 2020 |
|
A mis‑citation in written submissions did not justify dismissal of a taxation cause; correction and merits hearing ordered.
Civil procedure — Taxation proceedings — Preliminary objection raised during written submissions — Competency and entertainability. Civil procedure — Dismissal vs striking out — When incompetent appeals/applications should be struck out rather than dismissed. Civil procedure — Amendment/correction of defects in pleadings or submissions — Overriding objective and substantive justice. Costs — No order as to costs where matter remitted for merits.
|
30 July 2020 |
|
Appellate court affirms concurrent findings denying appellant’s title for lack of credible proof and procedural shortcomings.
Land law – proof of title – insufficiency of documentary and oral evidence to establish purchase; Civil procedure – necessary parties and non-joinder where alleged seller is deceased (administrator should be sued); Evidence – appellate deference to concurrent findings of fact; Procedure – locus in quo visits are discretionary, not mandatory; Jurisdiction – monetary valuation alleged without evidence is an afterthought.
|
30 July 2020 |
|
Application for leave to appeal dismissed as time-barred; applicant failed to prove or justify the filing delay.
Civil procedure – leave to appeal – computation of time and expiry of extension of time – filing deadline enforcement. Evidence – burden of proof under section 110 Evidence Act – applicant must prove factual basis for delay. Court practice – need for affidavit evidence from registrars/cashiers to substantiate claims of registry delay. Requirement of diligence – applicant must show diligence (Lyamuya principle) and cannot rely on speculative excuses.
|
30 July 2020 |
|
Accused's eyewitness testimony, confessions and post‑mortem report established murder with malice aforethought; death sentence imposed.
Criminal law – Murder – Proof of actus reus and mens rea – Eyewitness evidence corroborated by post‑mortem report; admissibility and weight of cautioned and extra‑judicial confessions; malice aforethought inferred from weapon, wound pattern, motive and flight; mandatory death sentence under Penal Code.
|
30 July 2020 |
|
Accused's confessions and forensic evidence proved murder with malice; provocation rejected and mandatory death sentence imposed.
Criminal law – Murder: confession and cautioned statement as corroborative evidence; lethal weapon and neck wound establish malice aforethought; provocation unavailable where cooling time exists; mandatory death sentence under section 197 Penal Code.
|
30 July 2020 |
|
Dying declaration and confession, with post-mortem, established malice and supported murder conviction and death sentence.
Criminal law – Murder – Dying declaration admissibility; extra-judicial confession; circumstantial evidence and post-mortem proof of fatal head injury – malice aforethought inferred from weapon, force and motive. Criminal procedure – Alibi – requirement to notify under section 194(4) CPA and evidential weight of uncorroborated alibi.
|
30 July 2020 |
|
Court partly allows appeal: respondent gets half of vehicle sale proceeds, loan repayment affirmed, compensation award set aside.
Family law – Law of Marriage Act, s.114 – Division of matrimonial assets – Sale of matrimonial property and entitlement to proceeds; burden of proof on repayment of loan; compensation for loss of earnings not part of matrimonial asset division and may require separate action under s.56.
|
30 July 2020 |
|
An omnibus revision combining set‑aside and ex‑parte award challenges was time‑barred and struck out, with leave to refile.
Labour law – revision time limits under section 91(1)(a) ELRA – 42‑day/6‑week rule; procedural competence – omnibus applications combining set‑aside rulings and revision of ex‑parte awards improper; Rule 43(3) Labour Court Rules – notice of representation; necessity to choose specific enabling subsections in chamber summons.
|
30 July 2020 |
|
Appeal dismissed: trial court right to order sale and equal division of matrimonial assets; no unfair hearing proved.
Family law – Divorce – Division of matrimonial assets under s.114 Law of Marriage Act – Sale and equal division of proceeds; Evidence – Burden on party alleging facts and duty to summon witnesses; Contributions include monetary and domestic work; Desertion not an automatic diminution of share.
|
30 July 2020 |
|
|
30 July 2020 |
|
Failure to record Ward Tribunal coram for each sitting renders proceedings null, quashing both tribunal and appellate decisions.
Land law – Ward Tribunal composition – statutory coram per sitting (section 14(1) Cap. 216) – failure to record which members sat at each session; jurisdictional defect; transparency and fair hearing; procedural-curing/overriding-objective (section 45) cannot save absence of coram records; proceedings and appellate judgment quashed.
|
29 July 2020 |
|
Failure to have assessors written opinions read to parties is an incurable procedural defect rendering proceedings a nullity.
Land procedure – District Land and Housing Tribunal – mandatory participation of assessors – assessors must give written opinions and such opinions must be read to the parties before judgment. Procedural irregularity – failure to have assessors opinions read in presence of parties – incurable defect and nullity. Composition of tribunal – death of one assessor does not excuse statutory requirement to have assessors opinions read to parties. Sections/Regulations – Land Disputes Courts Act s.23; Land Disputes Courts (District Land and Housing Tribunal) Regulations, GN No.174/2003 r.19(2). Overriding objective/section 45 – cannot cure fundamental mandatory procedural defects.
|
29 July 2020 |
|
Wrong statutory citation renders an application incompetent; court struck it out but granted leave to refile within 30 days.
Civil procedure – competence of application – incorrect citation of enabling provision – wrong citation vitiates the application – striking out – leave to refile in the interest of justice.
|
29 July 2020 |
|
High Court revised DLHT for failing to quash defective Ward Tribunal decisions and ordered a fresh hearing.
Land disputes – appellate procedure – District Land and Housing Tribunal allowing withdrawal of appeal without quashing defective Ward Tribunal decisions – irregularity requiring corrective action. Remedies – review not available under Cap. 216; review grounds narrow and cannot be used as an appeal in disguise. Revision – High Court’s revisional powers under section 44(1) Land Disputes Courts Act appropriate to correct serious procedural/legal irregularities and remit for rehearing.
|
29 July 2020 |
|
|
29 July 2020 |
|
Second appellate court quashed lower judgments for misapprehension of evidence and an undated, invalid appellate judgment.
Civil procedure – judgment must be dated and signed; undated judgment invalid and incurable. Evidence – variance between pleadings and exhibits; absence of transaction proofs (M‑Pesa) may defeat claim. Appellate review – second appellate court may disturb concurrent findings where there is misdirection or misapprehension of evidence. Remedy – quash judgments and remit for retrial before different tribunal.
|
29 July 2020 |
|
Application to reinstate an appeal dismissed for want of prosecution failed for insufficient proof of sickness and undue delay.
Civil Procedure – Order XXXIX Rule 19 CPC – Re-admission of appeal dismissed for want of prosecution; requirement to show "good cause"; adequacy and timing of medical evidence; duty to notify court and effect of delay on credibility.
|
29 July 2020 |
|
Appellate court upheld that the disputed house and rented land were not matrimonial assets; appeal dismissed.
Matrimonial property – characterization of assets; evidence weight and credibility in family property disputes; WEO participation in local ownership complaints and right to be heard; reconciliation/consent minutes – conciliatory function not determinative for judicial division; rented land not automatically matrimonial asset.
|
29 July 2020 |
|
Taxing officer reduced excessive brief and attendance fees, disallowing unsupported or double-charged items under the remuneration scale.
Costs – Taxation of bill of costs – Application of Advocates Remuneration Order scale (rule 46) – Instruction (brief) fees – Affidavits subsumed in brief fee – Attendance charges require time records – Disbursements allowable only if evidenced by receipts.
|
29 July 2020 |