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Citation
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Judgment date
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| December 2020 |
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Applicant failed to account for delay; misfiled submissions and family problems did not justify extension of time.
Land — Extension of time — Section 38(1) Land Disputes Courts Act — Applicant must account for all days of delay; Lyamuya criteria apply — Mistaken filing and personal difficulties do not suffice absent explanation for delay — Illegality of decision not a substitute for accounting for delay.
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16 December 2020 |
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Time to appeal runs from judgment delivery, not certification; the appellant’s High Court appeal was time‑barred and dismissed.
Civil procedure – appeals – limitation period – commencement of time to appeal to High Court under s.25(1)(b) Magistrates’ Courts Act – time runs from delivery/pronouncement of judgment, not from later certification/signing
Law of Limitation Act s.14(1) – extension of time for filing appeal where appeal is out of time
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16 December 2020 |
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Voluntary winding-up petition struck out for failure to advertise in the Government Gazette, lack of liquidator appointment, and defective forms.
Companies Act – Voluntary winding up – members’ resolution – statutory compliance with s333(1)(a)
Companies Act – Advertisement requirement – mandatory Gazette notice within 14 days under s334(1)
Companies Act – Liquidator – company in general meeting must appoint liquidator(s) under s340(1); Court cannot impose one in voluntary winding up. Civil procedure – Formalities – unsigned/undated/unattested petition forms render petition defective and liable to be struck out
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16 December 2020 |
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Application for certificate of point of law dismissed as disputes were factual, not legal, regarding division of matrimonial property.
Appellate Jurisdiction Act s.5(2)(c) – certificate of point of law; Law of Marriage Act s.114 – division of matrimonial property; distinction between point of law and factual disputes; Bi Hawa Mohamed v. Ali Sefu [1980] TLR 32 applied
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16 December 2020 |
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Extension of time granted for appeal after technical delay from filing notice in wrong court registry.
Criminal procedure – extension of time to file notice of intention to appeal and lodge appeal – technical delay where notice filed in High Court instead of trial subordinate court – Section 361(1)(a) Criminal Procedure Act, Cap. 20 R.E. 2019 – prosecutorial support relevant.
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15 December 2020 |
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A revision application filed one day after the six‑week statutory period is time‑barred and must be dismissed for want of jurisdiction.
Labour law – Revision under section 91(1)(a) ELRA – Six‑week statutory time limit – Time bar ousts jurisdiction – Need for leave/extension where filed late.
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15 December 2020 |
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Applicants charged with economic offences granted bail subject to statutory high-value deposits, sureties and reporting conditions.
Criminal procedure – Bail — Bail pending trial under Economic and Organised Crime Control Act — application of section 36(5)(a–d) for offences exceeding T.shs.10,000,000
Evidence – Documentary evidence — inadmissibility of photocopied medical records under section 66 of the Evidence Act unless secondary evidence rules satisfied. Public interest and administration of justice — assessment of risk of interference with investigations when granting bail. Bail conditions — monetary deposits or immovable property, resident sureties with bonds, surrender of travel documents, reporting and jurisdictional restrictions
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15 December 2020 |
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An evasive, general denial in a written statement of defence entitles the plaintiff to judgment on admission in a liquidated sum claim.
Civil procedure – Order VIII r3–5 CPC – requirement for specific, non-evasive denials; Judgment on admission – Order XII r4 – effect of evasive/general denials in action for liquidated sum; Pleadings – insufficiency of mere denial of debt; Interest – award of commercial and court rates.
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15 December 2020 |
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Applicant failed to show good cause for extension; delay was inordinate and alleged illegality was not apparent on the record.
Civil procedure – Extension of time – Law of Limitation Act, s.14(1) – requirement to show good cause. Good cause factors – length of delay, diligence, contributory negligence, and whether point of law is apparent on the face of the record. Negligence of advocate – not ordinarily good cause absent exceptional circumstances. Certified copy of judgment – proof required to exclude delay. Alleged illegality – must be clear and apparent, not requiring extensive factual inquiry
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15 December 2020 |
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Extension of time refused: inordinate delay, advocate negligence insufficient, and alleged illegality not apparent on record.
• Civil procedure — Extension of time — Good cause required under Law of Limitation Act — factors: duration of delay, diligence, inordinate delay, and point of law/illegality. • Advocate negligence — generally not sufficient ground for extension absent exceptional circumstances. • Delay in supply of certified judgment — requires proof to exclude period under limitation statutes. • Illegality — must be apparent on face of record to justify extension of time.
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15 December 2020 |
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15 December 2020 |
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15 December 2020 |
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High Court refusal of leave does not invalidate an already-filed Notice of Appeal; extension application struck out.
Notice of Appeal – validity of a Notice after High Court refusal of leave to appeal; Appellate procedure – competence of s.11 AJA extension where leave refused; Procedural route – Rule 45(b) CA Rules and s.5(1)(c) AJA.
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15 December 2020 |
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After a caveat, contentious probate proceeds in the same file, following suit-like rather than fresh civil-suit procedures.
Probate and administration – caveat entered – procedure for contentious probate – whether to open new file or continue in same file; proceedings to be conducted as nearly as may be in form of a suit (but not a fresh suit with initial pleadings). Statutory reference: Probate and Administration of Estates Act ss.52(2)(b), 58, 59(3)
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15 December 2020 |
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Where an economic-crime charge lacks a stated value and committal is pending, the district court, not the High Court, has bail jurisdiction.
Economic and Organised Crime Control Act – bail jurisdiction – interplay of s.29(4)(a),(b) and s.36(1). Pre-committal bail – subordinate court jurisdiction where value does not exceed TSh 10,000,000. Unstated monetary value in charge treated as below TSh 10,000,000 for jurisdictional purposes
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15 December 2020 |
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Bail pending trial granted for EOCCA wildlife-trophy offences subject to statutory conditions including half-value deposit and two resident sureties.
Criminal procedure – Bail pending trial under the Economic and Organised Crime Control Act – Applicability of sections 36(5) & (6) where alleged value exceeds T.shs.10,000,000.- Bail conditions – deposit of half the alleged value or immovable property, resident sureties with bonds, surrender of travel documents, territorial restriction and reporting obligations – verification by presiding Resident Magistrate.
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15 December 2020 |
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Termination for alleged misappropriation was unfair; award limited to valid contract and double-paid accrued leave excluded.
Labour law – unfair termination; insufficiency of proof for alleged misappropriation (disqualified audit report); failure to conduct investigation/disciplinary hearing; limits of CMA awards to parties and valid contracts; prevention of double payment of accrued leave; admissibility and reliance on documents tendered by parties (contract in Dutch).
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15 December 2020 |
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A 15-year unexplained delay to file an arbitral award was inordinate; failure to show efforts to procure the arbitrator’s filing warranted dismissal.
Arbitration law – filing/registration of arbitral award – s.12(2) Arbitration Act; Limitation – extension of time under s.14(1) Law of Limitation Act – good cause requirement; Excusable delay – time spent pursuing court proceedings as technical delay; Procedural duty – party’s obligation to show efforts to procure arbitrator’s filing; Discretion – necessity of material to exercise it.
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15 December 2020 |
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An order setting aside an ex-parte judgment is interlocutory and not appealable; appeal struck out as incompetent.
Civil procedure – Appealability – Order setting aside ex-parte decree or judgment – Interlocutory order not appealable except when application to set aside is refused
Civil Procedure Code (Cap 33 R.E.2019) – Section 74(2) and Order IX rule 13 – prohibition against appeals from orders not finally determining a suit. Appeal competence – Premature appeals against interlocutory orders – strike out with costs
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15 December 2020 |
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Technical delay and prompt diligence amounted to sufficient cause to extend time to file an application for leave to appeal.
Civil procedure — extension of time — sufficient cause/good cause required; factors: length of delay, reasons, prejudice, diligence, point of law
Appeals — technical delay (striking out for procedural defects) can constitute sufficient cause for extension
Courts — discretionary power to extend time exercised where applicant acted promptly and delay is excusable
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15 December 2020 |
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Applicant failed to show prima facie case, irreparable harm or balance of convenience to restrain bank enforcing its security.
Civil procedure – interim injunction – applicant must show a serious question to be tried, irreparable harm and balance of convenience (Atilio test). Banking/security law – creditor’s right to enforce debenture and appoint receiver – courts reluctant to restrain lawful enforcement absent strong prima facie case, fraud or collusion. Evidentiary requirement – acknowledgements of debt and lack of credible proof of irreparable loss defeat an application for interim relief
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15 December 2020 |
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Second appeal dismissed; new grounds not allowed and post-divorce maintenance order set aside for lack of reasons.
Matrimonial law – division of matrimonial property – compensation for contribution to house – evidentiary basis for valuation and awards. Appellate procedure – second appeal – issue of admissibility of grounds raised for the first time in second appellate court; such grounds are struck out. Family law – maintenance after dissolution – proviso to section 115(1) Law of Marriage Act requires reasons for post-divorce maintenance. Civil procedure – scope of appellate review and fairness to respondents when fresh issues are introduced at later stages
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15 December 2020 |
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Failure to have assessors give opinion in open court renders DLHT proceedings and judgment a nullity.
Land Disputes Courts Act s.23(1)&(2) and GN. No.174/2003 reg.19(2) – requirement for assessors to give opinion in open court; written assessor opinions in file insufficient; failure to procure/verbalize assessor opinions vitiates DLHT proceedings and judgment; omission goes to root of matter and renders decision a nullity
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15 December 2020 |
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Extension of time granted where DLHT proceedings were fatally irregular for failing to invite or record assessors' opinions.
Civil procedure — Extension of time — Good cause required — Established illegality in lower tribunal proceedings can constitute sufficient cause
Land Disputes Courts — Assessors — Mandatory requirement to have assessors give opinion in presence of parties and to record/read opinions — Failure is fatal to proceedings (s.23(2) Cap.216; Reg.19(2)). Appeal procedure — Technical delay due to struck-out appeal — immaterial where fatal illegality is shown
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15 December 2020 |
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15 December 2020 |
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Leave to appeal granted on an arguable misrepresentation claim arising from a contract alleged to be void due to a repealed statute.
Appellate procedure – leave to appeal – discretionary, granted where grounds raise arguable appeal or issue of general importance. Contract law – illegality – whether contract to collect levy under repealed statute is void ab initio
Misrepresentation – entitlement to specific and general damages where party allegedly induced to contract by misrepresentation
Law of Contract Act s.23(2) – exceptions to illegality and their proof
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15 December 2020 |
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A DLHT judgment is a nullity where the chairman fails to require, record and read assessors' opinions before judgment.
Land procedure – District Land and Housing Tribunal – assessors' participation – requirement under s.23(2) LADCA to require, record and read assessors' opinions before judgment; s.24 LADCA – chairman to consider and give reasons for departure; failure to obtain or record assessors' opinions is a fundamental irregularity and renders the decision a nullity; precedents – Edina Adam Kibona, Ameir Mbarak, Chadiel Mduma.
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15 December 2020 |
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Separation (3 years) affirmed; custody to mother, maintenance order preserved, and major matrimonial assets apportioned.
Law of Marriage Act — divorce grounds (s107(2)): adultery requires proof on a balance of probabilities; separation must be physical. Child custody — best interests paramount; consider child's independent views and social welfare reports
Maintenance — father's duty to maintain; court cannot vary an unchallenged maintenance order. Matrimonial assets (s114) — court may order distribution ancillary to separation; significant assets may be apportioned despite status quo findings
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15 December 2020 |
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A tribunal lacks jurisdiction to hear a suit already decided by a former tribunal; proceedings were quashed as nullity.
Res judicata – prior Ward Tribunal decision as bar to fresh suit
Jurisdiction – application of section 9 of the Civil Procedure Code when same parties and subject matter already decided
Remedy – proceedings that are res judicata are nullities and may be quashed under section 43(1)(b) of the Land Disputes Courts Act
Evidence – prior decision admitted as exhibit in subsequent proceedings
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15 December 2020 |
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Applicants granted bail pending trial subject to statutory half-value security split between co-accused and travel restrictions.
Criminal procedure – Bail – Economic and Organized Crimes Control Act (EOCCA) s29(4)(d) jurisdiction where property value exceeds TZS 10,000,000. EOCCA s36(5)(a) – requirement to deposit or secure half the value of actual money/property involved. Presumption of innocence and purpose of bail. Allocation/sharing of statutory bail burden between co-accused (Court of Appeal authority)
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15 December 2020 |
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Revision against an interlocutory injunction is barred under section 79(2) CPC unless the order finally determines the suit.
Civil procedure — Revision jurisdiction — Section 79(2) Civil Procedure Code — Revision not available against interlocutory orders unless they finally determine the suit — Interim injunctions — Appealability of interlocutory/injunctive orders.
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15 December 2020 |
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Applicant with title interest must be joined as co-defendant to allow full adjudication of ownership and avoid multiplicity.
Land law – Joinder of parties – Order I Rule 10(2) CPC; Necessary party – presence required to effectually and completely adjudicate ownership; Joinder where orders would legally affect interests or enable defendant’s defence; Pending appeal on title does not bar joinder; Avoidance of multiplicity of suits and protection of right to be heard.
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15 December 2020 |
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Failure to properly conduct and record a locus in quo visit vitiated the tribunal’s decision; assessors’ opinion was properly recorded.
Land law – dispute over relocated graves following compensation and school construction
Procedure – visit to locus in quo must follow established guidelines (attendance, witness recall, record of findings, parties’ opportunity to comment)
Evidence – assessors’ opinion must be recorded and read in court as required by LDCA and regulations
Remedy – procedural irregularity at locus in quo can vitiate proceedings and require rehearing before a different chair and new assessors
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15 December 2020 |
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Constructive desertion and separation exceeding three years establish irretrievable breakdown; court granted divorce and ordered property division.
Family law – Divorce – Irretrievable breakdown – constructive desertion and separation for three years as evidence under s99 and s107(2) of the Law of Marriage Act; Reconciliation board certificate as evidence of failure; Division of matrimonial property – application of s114 criteria and adoption of parties’ agreement; Distinction between matrimonial, clan and third‑party property.
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15 December 2020 |
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A divorce petition filed without the prescribed conciliatory-board certificate is incompetent and renders proceedings a nullity, warranting dismissal of the appeal.
Marriage law – Law of Marriage Act s.106(2) – Mandatory requirement of a conciliatory board certificate; Marriage Conciliatory Board (Procedures) Regulations, 1971 GN No. 240 – Form No.3 compliance; Procedural competence – Petition instituted without statutory certificate renders proceedings a nullity.
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15 December 2020 |
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Court recognized joint acquisition, counted non‑monetary contributions, and awarded appellant 60% of the matrimonial house due to child custody.
Matrimonial property division – Law of Marriage Act s.114 – joint acquisition – non‑monetary contributions (domestic work and child care) as qualifying contributions – separate proceedings for divorce and property division – custody of children as factor in allocation.
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14 December 2020 |
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Extension of time to appeal refused where applicant failed to account for delay and did not produce relevant judgments or dates.
Criminal procedure – Extension of time to appeal – Applicant must account for each day of delay and attach relevant judgments/records; new factual claims made in rejoinder are inadmissible; time for appeal where file remitted runs from date of proper conviction.
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14 December 2020 |
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A land tribunal retains jurisdiction over trespass to property not pledged as SACCOS collateral despite Regulation 83(1)'s internal dispute mechanism.
Cooperative Societies – dispute resolution – Regulation 83(1)/Regulation 130(1) – requirement of negotiation/reconciliation for disputes concerning SACCOS business
Jurisdiction – land tribunals retain competence over land/trespass disputes even where a party is a SACCOS member; attachment of non-collateral property not automatically within SACCOS business. Res judicata – plea requires sufficient factual and evidential basis; cannot be sustained on preliminary materials alone
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14 December 2020 |
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Whether electronic submission and fee payment affect timeliness of an election petition and whether the Deputy Registrar could reject it.
Election law – Time limitation for filing election petitions; Electronic filing – effect of midnight submission versus payment of court fees; Filing includes payment – John Chuwa precedent; Deputy Registrar’s powers – limits under rule 9(1) and ultra vires rejection; Burden to produce registry affidavit when alleging registry officer conduct.
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14 December 2020 |
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An ex parte eviction while a main land application is pending violates the right to be heard and is a nullity.
Land law – Revision of tribunal order – Ex parte interim order – Right to be heard (audi alteram partem) – Nullity of proceedings; Notaries Public and Commissioners for Oaths Act – attestation by advocate holding brief; Remittal for inter partes hearing under s.43(1) Land Dispute Courts Act.
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14 December 2020 |
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Illegality in tribunal composition (absence of assessors) constituted sufficient cause to grant extension of time to challenge an ex‑parte judgment.
Land procedure — extension of time — applicant must account for delay but illegality in impugned proceedings (tribunal improperly constituted; absence of assessors and opinions) constitutes sufficient cause to grant extension to challenge an ex‑parte judgment.
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14 December 2020 |
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A certificate of registration under ELRA gives a trade union locus standi; misnaming the High Court in title was not fatal.
Labour law – registration of trade unions – Sections 46–49, ELRA – certificate of registration confers legal personality and locus standi. Corporate personality – requirement to register trustees under Trustees Incorporation Act not implied by ELRA registration. Civil procedure – preliminary objection – improper citation of court’s name not fatal where title sufficiently identifies the United Republic and labour rules apply
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14 December 2020 |
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Applicant’s affidavit and laboratory test form sufficed to show sickness as good cause to set aside an ex parte judgment.
Civil procedure – setting aside ex parte judgment – sickness of counsel as good cause – sufficiency of laboratory investigation form as proof; Evidence – allegation of forgery – higher standard of proof required; Judicial discretion – misdirection by demanding irrelevant additional documents.
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14 December 2020 |
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Extension of time granted to restore dismissed matrimonial appeal despite eight-month delay, in the interest of justice.
Law of Limitation Act s.14(1) – extension of time – setting aside dismissal for want of prosecution; delay and explanation; Lyamuya factors; special considerations in matrimonial appeals; exercise of discretion and costs.
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14 December 2020 |
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Late-filed appeal was struck out; registry delay and deficiency did not cure failure to lodge within prescribed time.
Civil procedure — Appeal time-limits — effect of registry endorsement date versus earlier informal presentation; internal registry delay does not cure late filing. Registry practice — Deputy Registrar’s requirement for accompanying decree/drawn order — deficiency noted but absence of evidence that documents were returned or rectified means filing remains ineffective. Appeals procedure — appeals originating from Primary Court should be presented at District Court
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14 December 2020 |
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Extension of time refused where applicant failed to account for delay; Primary Court records not a prerequisite to appeal.
Civil procedure – extension of time – applicant must account for each day of delay, show diligence and avoid inordinate delay – Bushiri principle applies. Appeal procedure – copies of Primary Court proceedings are not a pre-condition to lodge an appeal to the District Court. Extension applications – triable issues on merits are not determinative at extension stage
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14 December 2020 |
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Leave granted to pursue an extension-of-time appeal application in representative capacity for retrenched employees sharing common claims.
Representative proceedings – leave to file application for extension of time to lodge notice of appeal – requirements of Order 1 r.8(1) CPC (consent of represented persons) – common interest and convenience – procedural preliminary objections (jurisdiction, impleading) inappropriate at leave stage.
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14 December 2020 |
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Leave to appeal granted because the applicant raised arguable points of law and alleged procedural irregularities.
Land appeal — Leave to appeal to Court of Appeal — Discretionary grant under s.47(2) LDCA — Requirement of arguable point of law or apparent illegality — Procedural fairness/natural justice where judge raises issues not addressed by parties — Contradictory judgments on same subject matter.
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14 December 2020 |
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A date discrepancy on a decree is a clerical error curable under section 96 and overriding objective; the appeal is not struck out.
Civil procedure — Decree must bear the date of judgment (Order XX r.7 CPC) — Date discrepancy between judgment and decree — Clerical error curable under section 96 CPC — Principle of overriding objective (secs.3A,3B CPC) — Appeal competence — Preliminary objection overruled.
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14 December 2020 |
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Failure to determine will validity and comply with administration rules rendered probate proceedings null and orders were quashed.
Probate law — Administration of estates — Primary Court (Administration of Estate) Rules GN
No.49/1971 — Rule 8 (determination of testacy, will validity, identification of heirs) and Rule 9(d) (surrender of grant and account on revocation) — Revocation and reappointment of administrators — Procedural irregularities rendering proceedings a nullity
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14 December 2020 |