|
Citation
|
Judgment date
|
| December 2020 |
|
|
Conviction quashed due to defective chain of custody, non‑involvement in destruction/sampling and material contradictions.
Criminal law – Trafficking in narcotic drugs – Chain of custody – seizure, custody, sampling and destruction – necessity of documenting transfers and involving accused in destruction/inventory; admissibility and proof of analyst's report – summoning of Government Chemist advisable where accused object; material contradictions – place and timing of arrest may vitiate prosecution case.
|
10 December 2020 |
|
Circumstantial evidence and corroborated co-accused testimony upheld the appellant’s conviction for cattle theft.
Criminal law – cattle theft – circumstantial evidence – requirements for reliance on circumstantial proof – co-accused testimony – corroboration – burden of proof – appeal dismissed.
|
10 December 2020 |
|
Second identical application for temporary injunction struck out as res judicata and functus officio.
Civil procedure — res judicata; interlocutory orders — temporary injunctions; dismissed interlocutory application bars refiling on same facts — abuse of court process; functus officio — court cannot reopen finally disposed matters.
|
10 December 2020 |
|
Appellant’s escape and non-appearance warranted dismissal of his re-admitted appeal for want of prosecution.
Criminal procedure – Appeal – Dismissal for want of prosecution – Appellant's escape from custody and non-appearance constitutes implied abandonment – Re-admitted appeal still liable to dismissal for non-prosecution.
|
10 December 2020 |
|
The applicant’s bill of costs was misfiled; the proper taxing officer is the court where the case terminated.
Advocates' remuneration and taxation of costs – jurisdiction of taxing master – proper taxing officer is the court where the case terminated – taxation of costs arising from Court of Appeal proceedings to be dealt with by Court of Appeal Registrar/taxing officer – reference under Order 7(1) and (2) of Advocates Remuneration Order.
|
10 December 2020 |
|
Extension of time granted for administrator to file final estate account due to delayed bank statements and in the interests of justice.
Civil procedure – Extension of time under s.14(1) Law of Limitation Act; probate administration – filing of final account; diligence and interest of justice; late bank statements as cause for delay.
|
10 December 2020 |
|
High Court declined judicial review for unexhausted tax remedies and struck out the omnibus application.
Administrative law – Judicial review – prerogative orders (certiorari and mandamus) – requirement to exhaust statutory tax remedies before seeking the High Court’s supervisory jurisdiction. Tax law – Tax Revenue Appeals Act, Tax Administration Act – objection and appeal routes to Tax Revenue Appeals Board and Tribunal as exclusive statutory remedies. Civil procedure – omnibus applications – combining leave for judicial review and interim relief under different laws is incompetent. Evidence – affidavit by advocate – limits of personal knowledge; hearsay paragraphs (2, 16, 17) expunged.
|
10 December 2020 |
|
A non‑party cannot obtain joinder or a trial de novo by revision absent jurisdictional error or material irregularity.
Revisional jurisdiction – Section 79 CPC – supervisory powers; locus standi of non‑party in matrimonial proceedings; joinder in matrimonial causes; limits to revision (jurisdictional error, illegality, material irregularity); Law of Marriage Act – characterization of matrimonial assets.
|
10 December 2020 |
|
|
10 December 2020 |
|
Registered land ownership established by official search and Registrar’s evidence; trespassers evicted and ordered to pay damages.
Land law – Ownership under granted right of occupancy – proof by land registry entries, official searches and Registrar’s office testimony; Trespass – occupiers on registered land without title are trespassers; Remedies – declaration of ownership, exclusive possession, eviction, perpetual injunction, damages and costs; Procedure – substituted service by publication and ex parte hearing where defendants fail to appear.
|
9 December 2020 |
|
Application for stay of execution of CMA award dismissed for procedural defects and failure to satisfy requirements for stay.
Labour law — Stay of execution of CMA award — governed by s.89(2) E&L Act and Rule 48(3) Labour Court Rules; enforcement as court decree under CPC; civil principles for stay (Order XXI r.24, Order XXXIX r.5 CPC) — requirements: compelling reasons, absence of undue delay, provision of security and procedural compliance — failure to attach order and deficient affidavit fatal to stay application.
|
8 December 2020 |
|
High Court held dismissal for res judicata and costs were improper where successive probate appeals raised distinct issues about estate distribution.
Civil procedure – res judicata – issue preclusion requires same parties, same issue and final decision; different issues in successive appeals negate res judicata. Probate – powers of court versus duties of administratrix – distribution orders may be challenged if court exceeded its role. Costs – discretion under section 30 CPC; matters raised suo motu ordinarily should not attract costs.
|
8 December 2020 |
|
Court excused a late taxation application but directed re-taxation to exclude costs incurred after the judgment date.
Advocates' Remuneration – taxation of bill of costs – time bar where no specific statutory limit existed – 60‑day rule to fill lacuna (BOT v Said A. Marinda) – equitable discretion to excuse late filing; Taxation practice – costs recoverable only up to date of judgment – items dated after determination must be excluded on re‑taxation.
|
8 December 2020 |
|
Reference partly succeeds: applicant's late filing excused but Tax Master must exclude costs incurred after judgment date.
Advocates Remuneration Order / Bill of costs – time limits – where no specific statutory time limit exists a 60‑day rule may fill the lacuna – court discretion to excuse delay. Taxation practice – costs recoverable limited to work up to judgment date – taxation of items after judgment is improper. Procedure – preliminary objection to time‑bar – Taxing Master's decision reviewable where items taxed fall outside allowable period.
|
8 December 2020 |
|
|
8 December 2020 |
|
Court grants bail under EOCCA s.29(3)(d) with cash/property deposit, bond with surety, and travel restrictions.
Criminal procedure – Bail under EOCCA s.29(3)(d) – Grant of bail where application unopposed – Imposition of monetary deposits, bonds and sureties – Travel restriction pending trial – Execution/approval at trial court (RM's Court).
|
8 December 2020 |
|
Appellate tribunal improperly displaced trial tribunal’s findings after unjustified locus visit and admission of new evidence.
Land law – proof of boundaries – appellate review of trial tribunal’s factual findings – locus visits and reception of fresh evidence – inadmissibility of new facts on appeal – assessors’ opinions and procedural irregularity.
|
8 December 2020 |
|
Court overruled the respondent's preliminary objections and ordered the applicant's injunction application to proceed on merits.
Civil procedure — Temporary injunction application — Preliminary objections — Procedural defects in affidavits and chamber summons — Order XIX Rule 3(1) CPC — Notaries Public and Commissioners for Oaths Act compliance — Procedural omissions not necessarily fatal — Emphasis on substantive justice.
|
8 December 2020 |
|
|
8 December 2020 |
|
Failure to give reasons and evidential defects invalidated court-martial convictions; appeal allowed and appellant acquitted.
Court-martial procedure — duty to give reasons for findings and sentence despite Regulation requiring verdicts be recorded as "guilty/not guilty"; Evidence — chain of custody and proper tendering of exhibits; Hearsay — improper reliance on hearsay undermines criminal convictions; Disciplinary offences — prejudice to good order requires proof of underlying wrongful act; Remedy — defective trial and insufficient evidence may justify acquittal rather than retrial.
|
8 December 2020 |
|
Failure to read assessors' opinions in appellate proceedings did not vitiate the appeal; trial tribunal's ownership finding upheld.
Land law – ownership disputes – inheritance and long uninterrupted occupation as evidence of ownership. Civil procedure – assessors’ opinions – failure to read assessors’ opinions at appellate tribunal; distinction between original and appellate jurisdiction; saved by statutory provision. Evidence – assessment of witness credibility – trial tribunal’s findings binding absent misdirection.
|
8 December 2020 |
|
Registered title and final matrimonial distribution establish ownership; tribunal had jurisdiction and appeal dismissed.
Land law – ownership disputes after matrimonial property distribution – finality of Primary Court distribution where appeals fail. Civil evidence – burden and standard of proof (Evidence Act sections 110, 111) – registered title as conclusive evidence of ownership (Land Registration Act s.2(1)). Jurisdiction – District Land and Housing Tribunal competent to determine ownership/possession where title and possession are disputed. Evaluation of evidence – minor contradictions not fatal where they do not go to the root of the matter.
|
8 December 2020 |
|
Applicant's bail denied because money laundering is statutorily unbailable regardless of amount.
Bail – money laundering – section 148(5)(a)(v) Criminal Procedure Act – money laundering is statutorily unbailable; amount involved immaterial; prior unproduced decisions not binding.
|
8 December 2020 |
|
Bail pending appeal refused due to serious fraud, large sum involved and real risk of absconding.
Criminal procedure – Bail pending appeal – Bailable offence; judicial discretion; seriousness of offence and sentence; likelihood to abscond; failure to show overwhelming prospects of success on appeal.
|
8 December 2020 |
|
|
8 December 2020 |
|
Leave is not required to appeal from the Labour Court to the Court of Appeal; application for leave dismissed.
Labour appeals — s.57 Labour Institutions Act — no leave required to appeal from Labour Court to Court of Appeal; binding Court of Appeal authority; procedural law and retrospectivity; ex parte written submissions.
|
8 December 2020 |
|
Court allowed re-admission of an appeal dismissed for want of prosecution after finding good cause in a probate matter.
Civil procedure — Re-admission of appeal dismissed for want of prosecution; discretionary remedy requiring good cause and explanation of delay; evidentiary proof of excuse; probate matters and avoidance of grave injustice.
|
8 December 2020 |
|
Affidavit non-compliance with mandatory Rule 24(3) renders labour revision incompetent and liable to be struck out.
Labour Court Rules — Rule 24(3) — Supporting affidavit must state parties' particulars, chronological material facts, legal issues and reliefs; non‑compliance is an incurable defect — Preliminary objection — Particularity of objection — Overriding objective cannot cure mandatory rule breaches.
|
8 December 2020 |
|
Appellate court quashed court-martial convictions due to doubts about tribunal independence and absence of reasons for conviction.
• Military law – Court-martial procedure – Signature of charge sheet – irregularity curable if no prejudice shown; • Military justice – Independence and impartiality of tribunal – external interference in custody decisions can vitiate a fair trial; • Criminal procedure – Duty to give reasons – failure to assign reasons for convictions/sentence amounts to miscarriage of justice; • Remedy – Acquittal ordered where tribunal impartiality is in doubt and reasons are absent.
|
8 December 2020 |
|
|
8 December 2020 |
|
|
8 December 2020 |
|
Acquittal where death proved but prosecution failed to connect the accused beyond reasonable doubt; confessions and exhibits unreliable.
Criminal law – Murder – death and cause proved but identity of assailants not established beyond reasonable doubt. Evidence – admissibility and reliability of confessions – prolonged custody, alleged coercion and failure to comply with legal requirements. Evidence – failure to call material witnesses and undisclosed informer – adverse inference. Forensic/physical exhibits – necessity to connect exhibits to accused by evidence or scientific proof. Principle – suspicion however grave cannot substitute proof beyond reasonable doubt.
|
8 December 2020 |
|
Domestic work counts as contribution but insufficient proof can justify unequal division of matrimonial house.
Family law – division of matrimonial property – application of section 114 LMA – factors to consider (contribution, customs, debts, children’s needs). Evidence – proof of monetary contribution – requirement to quantify payments and extent of work. Domestic work – recognised as contribution but not automatically equivalent to 50% share. Maintenance obligations – children’s maintenance as a factor supporting unequal distribution.
|
8 December 2020 |
|
Order for retrial nullified the primary court appointment; respondent’s post-revision administration void and appellants declared lawful owners.
Probate and administration — effect of district court revision ordering retrial — nullity of primary court appointment; Probate law/Islamic law — Islamic law not automatically applicable; tests under s.88(1)(a) (intention, manner of life, heirs’ agreement); weight of deceased’s affidavit as evidence of intention; sale and distribution by an invalid administrator void.
|
8 December 2020 |
|
Unlawful-entry conviction upheld; convictions for weapons and trophy possession quashed due to improper exhibit handling and inventory procedures.
Criminal law – Wildlife offences – unlawful entry into national park; admissibility of perishable exhibits – compliance with Police General Orders Paragraph 25 and s.101 WLCA; inventory/valuation of trophies – procedural mandatory; identification/tendering of exhibits – requirement to avoid reasonable doubt; credibility of arresting officers.
|
8 December 2020 |
|
Extension application dismissed for failure to comply with court orders and prosecute the case.
Land Disputes Act s.47 — extension of time; failure to comply with court-ordered filing timetable; failure to prosecute; dismissal for want of prosecution; enforcement of court orders.
|
8 December 2020 |
|
Section 96 slip corrections cannot be used to review or vary substantive judgments; reassignment violated Order XLII rule 5.
Civil procedure – Distinction between section 96 (slip rule) and Order XLII (review); Limits of corrections to clerical/arithmetical mistakes; Jurisdiction and reassignment under Order XLII rule 5; Correctness of varying judgments and awarding unproved damages.
|
8 December 2020 |
|
Appeal dismissed: seizure certificate and trophy valuation properly admitted; witnesses credible; right to be heard respected.
Criminal law — National Park offences; admissibility of certificate of seizure and trophy valuation certificate (s.86(4) WLCA); credibility of prosecution witnesses in restricted areas; accused's right to be heard under s.231 CPA; failure to object or cross-examine as acceptance of evidence.
|
7 December 2020 |
|
Applicant in custody granted 21-day extension to file appeal due to prison-related delay and sufficient cause.
Criminal procedure – extension of time to file appeal – sufficient/good cause – delays due to prison procedures and inability to obtain records – discretion of court guided by established authorities.
|
7 December 2020 |
|
Appeal filed outside the extended period, unsupported delay explanation, found incompetent and struck out.
Criminal procedure — extension of time to appeal — computation of time and availability of court records — unexplained or unsubstantiated delay — competency of appeal — striking out appeal.
|
7 December 2020 |
|
Conviction quashed due to improperly admitted caution statement, procedural defects, and insufficient corroborative evidence.
Criminal law – statutory rape; Evidence Act s.127 – voir dire not required for complainants over 14; caution/confessional statements – inquiry required upon retraction before admission; PF3/exhibit handling – must be placed and read on record; corroboration – pregnancy alone insufficient to prove accused’s guilt; right to cross‑examine medical witness.
|
7 December 2020 |
|
Retracted caution statement must be inquired into; pregnancy alone and weak medical evidence insufficient for conviction.
Criminal law – statutory rape – evidential requirements; retracted caution statement – inquiry required before admission; evidence of medical witness and PF3 – necessity of proper tendering and clarity on penetration; voir dire – not required if witness apparent age exceeds 14; pregnancy alone insufficient to prove accused caused sexual intercourse without corroboration; proof beyond reasonable doubt.
|
7 December 2020 |
|
Prisoner’s transfer and prior time‑barred appeal amounted to good cause to extend time to file notice and appeal.
Criminal procedure – extension of time to file notice of appeal and appeal – good cause – prisoner transfer and difficulty obtaining record – technical delay principle – discretion of court.
|
7 December 2020 |
|
Court granted extension to appeal, finding the applicants' prison-related delay and explanations constituted sufficient cause.
Criminal procedure – extension of time to appeal – sufficient/good cause – factors: promptness, explanation, diligence – prisoner’s incarceration as cause – case law: Tanroads v. Ruaha Concrete; Tanga Cement; Mobrama Gold.
|
7 December 2020 |
|
Conviction quashed where medical evidence contradicted complainant and trial court failed to comply with s.231(1) CPA.
Criminal law - Rape of a minor - proof of age by parent; Evidence - medical report (PF.3) improperly read/handled; expungement of exhibit; Evidence - medical findings of old perforation vs complainant's account; contradictions and reasonable doubt; Procedure - non‑compliance with s.231(1) CPA vitiates proceedings; Retrial - refused where prosecution would be given chance to fill evidential gaps.
|
7 December 2020 |
|
Court granted extension to file appeal, finding prison-related delay and inability to obtain records constituted sufficient cause.
Criminal procedure – Extension of time – Applicants in custody – Delay due to prison procedures and failure to obtain copies – Whether such delay constitutes sufficient/good cause – Application of Court of Appeal test in Regional Manager, TANROADS Kagera v. Ruaha Concrete Co. Ltd.
|
7 December 2020 |
|
High Court quashed the District Court decision for inconsistency with an earlier High Court ruling and allowed the appeal.
Appellate procedure — effect of prior High Court determination on subsequent District Court appeals; requirement to produce proof of a pending appeal or stay; raising new procedural issues (wrong party sued) for the first time on appeal is procedurally impermissible.
|
7 December 2020 |
|
|
7 December 2020 |
|
Revision application held incompetent where right of appeal existed; preliminary objection upheld.
Civil procedure – revision – competence – where an appeal remedy exists, revision is not competent and cannot substitute an appeal. Preliminary objection – pure point of law – objection to competence can be determined without evidence. Revisional jurisdiction – limited to cases without appeal, non-parties, or apparent illegality on face of record.
|
7 December 2020 |
|
Failure to decide jurisdiction and to investigate an objection under s.329 rendered the execution proceedings a nullity.
Criminal procedure — objection to attachment (s.329 Criminal Procedure Act) — preliminary objection on jurisdiction and locus standi must be determined first — mandatory investigation and hearing under s.329(5) — failure to follow statutory procedure renders proceedings a nullity — remittal to trial court.
|
7 December 2020 |