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Citation
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Judgment date
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| October 2021 |
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Child-witness promise under s.127(2) sufficed; appellate re-evaluation upheld convictions; unnotified alibi accorded no weight.
Criminal law – sexual offences – reception of evidence of a child of tender age under s.127(2) Evidence Act; appellate duty to re-evaluate defence where trial court omitted to consider it; proof of rape established by victim’s testimony corroborated by medical and parental evidence; alibi not notified under s.194 CPA entitled to no weight.
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31 October 2021 |
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Citation and procedural defects not fatal absent prejudice; appellant's corruption conviction upheld and appeal dismissed.
Criminal procedure — Charge sheet technical defects — incorrect Revised Edition citation — curable under s.388 where no prejudice; Criminal procedure — Reassignment of magistrate — s.214(1) applies only where predecessor heard/recorded evidence; Evidence — Documents admitted must be read/explained to accused; absence of contrary proof that reading occurred may be fatal; Evidence evaluation — alleged discrepancies in amounts can be reconciled by the record; Criminal law — Corrupt transactions — proof beyond reasonable doubt required and upheld on these facts.
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29 October 2021 |
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Presumption of marriage under section 160 cannot be invoked where a party lacks capacity due to an existing monogamous marriage.
Family law – Presumption of marriage (s.160 Law of Marriage Act) – Rebuttable where party lacks capacity due to subsisting monogamous (Christian) marriage (s.15). Cohabitation – Long cohabitation does not automatically create marital status; concubinage distinct from marriage. Matrimonial property – Division under Law of Marriage Act requires marriage or successful invocation of s.160; otherwise remedies are contractual claims. Jurisdiction – Custody and access matters to be pursued in juvenile court.
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29 October 2021 |
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A dispute between applicant and respondent over village-allocated land is void if the village council (true owner) isn't joined.
Land law – Village land allocations – Temporary allocations/receipts – No subsisting right of occupancy – Locus standi – Non-joinder of true owner (village council) – Nullity of proceedings.
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29 October 2021 |
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Applicant’s leave application filed after 30 days was incompetent; time to obtain judgment copy does not automatically extend the deadline.
Court of Appeal Rules r.45(a) – 30‑day time limit for leave to appeal; Law of Limitation Act s.19(2) – exclusion for obtaining judgment copy is not automatic; need to apply for extension of time (s.14 principles); failure to seek extension renders out‑of‑time leave application incompetent; overriding objective cannot circumvent mandatory time limits.
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29 October 2021 |
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Appeal dismissed: charge valid or curable; assessors participated and evidence, including admissions, proved malicious damage.
Criminal law – Malicious damage to property – section 326(1) Penal Code – sufficiency of citation and curability of omissions. Evidence – Conviction must rest on prosecution evidence beyond reasonable doubt; written admissions are significant. Criminal procedure – Participation of assessors required under Magistrates' Courts Act; signatures on proceedings evidence participation. Procedure – Visit to locus in quo is exceptional in criminal trials; proceedings of such visit must be recorded and cannot substitute oral evidence.
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29 October 2021 |
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29 October 2021 |
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Visual identification and oral medical evidence upheld the rape conviction despite PF3 being expunged.
Criminal law – Rape – Visual identification at night; requirements for safe identification (duration, distance, light, prior acquaintance); admissibility of PF3 and requirement to read documentary exhibits aloud; effect of preliminary hearing on trial fairness; sufficiency of prosecution evidence.
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29 October 2021 |
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Failure to record reasons for change of chairperson nullified subsequent tribunal proceedings; retrial ordered from prior stage.
Civil procedure – change of trial chairperson – requirement to record reasons for reassignment – failure renders subsequent proceedings a nullity; Order XVIII Rule 10(1) applied. Civil procedure – successor adjudicator may rely on predecessor's recorded evidence and need not resummon witnesses unless required in interest of justice. Civil procedure – failure to join proper administrator of a deceased party is curable.
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29 October 2021 |
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Failure to record assessors' opinions and to give reasons for departing from them vitiates tribunal proceedings.
Land law – District Land and Housing Tribunal – mandatory requirement to record assessors' opinions before judgment (Reg.19(2) L.D. Courts Regs.). Statutory duty to give reasons when departing from assessors' opinion (s.24 Land Disputes Courts Act). Procedural irregularities vitiate tribunal proceedings and warrant retrial.
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29 October 2021 |
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Failure to admit crucial documents at trial violated the right to be heard, vitiating proceedings and meriting a fresh hearing.
Administrative law – Natural justice – Right to be heard – Failure to receive crucial documentary evidence vitiates proceedings. Civil procedure – Evidence – Admission of documents at trial tribunal – Non-receipt of key documents as ground for quashing judgments. Remedies – Quashing of trial and appellate records and order for fresh hearing where right to be heard breached.
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29 October 2021 |
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Failure to appeal a ward tribunal decision bars later challenge; execution properly allowed where no appeal was pending.
Land — Execution — District Land and Housing Tribunal allowed execution of Ward Tribunal decree where no appeal pending; failure to timely appeal bars later challenge; assessors not required for execution applications under applicable regulations; remedies (extension of time, stay) must be pursued during execution stage.
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29 October 2021 |
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29 October 2021 |
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Applicants granted leave to appeal as the award of Tshs 50,000,000 raised arguable evidential and procedural issues.
Appellate jurisdiction – leave to appeal under s.5(1)(c) AJA and Rule 45(a) – discretionary grant where intended appeal raises arguable issues. Civil procedure – special damages – proof and assessment of claimed amount; parties bound by pleadings. Evidence – reliance on Form No. 90, sketch map, and witness testimony; failure to call investigator may affect credibility. Leave to appeal granted where award and evidential inconsistencies warrant appellate scrutiny.
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29 October 2021 |
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29 October 2021 |
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Extension to appeal consent judgment dismissed for lack of demonstrated illegality and unexplained inordinate delay.
Extension of time – s.41(2) Land Disputes Courts Act – illegality as ground for extension – pecuniary jurisdiction determined by substantive claim in plaint/application, not by reliefs or consent judgment – failure to annex plaint and to account for inordinate delay – consent judgment challenge.
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29 October 2021 |
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Extension of time to appeal against consent judgment dismissed for failure to show illegality or justify delay.
Land law – extension of time to appeal – illegality as ground for extension – pecuniary jurisdiction of District Land and Housing Tribunal determined by substantive claims in the plaint/application – consent judgment does not determine jurisdictional value.
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29 October 2021 |
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District Court had jurisdiction and conviction was upheld, but vague compensation order was set aside.
Criminal law – Criminal trespass (s.299(a) Penal Code) – jurisdiction of subordinate courts – proof of ownership by prior civil judgment and administrator appointment – alibi notice requirements (s.194 CPA) – compensation orders must be specific and executable.
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29 October 2021 |
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29 October 2021 |
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29 October 2021 |
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The respondent’s failure to obtain leave to defend and to appear constituted admission, meriting summary judgment for the applicant.
Civil procedure – Order XXXV Rule 2(2) – Failure to obtain leave to appear and defend – Allegations in plaint deemed admitted – Summary judgment warranted; Improper filing of written statement of defence without leave; Service levy claim where defendant defaulted appearance.
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29 October 2021 |
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The court upheld a divorce and customary property distribution where an unregistered Maasai marriage was proven and adultery plus long separation established breakdown.
Customary marriage — unregistered customary marriage — failure to register does not invalidate marriage (s.43(5), s.41(f) LMA); Divorce — jurisdiction to grant decree in customary marriages; Conciliatory Board — requirement under s.101 LMA and evidential certificate; Matrimonial property — division informed by community customs (s.114(2)(a) LMA); Adultery and long separation — grounds for irretrievable breakdown (s.107(2) LMA); Condonation/connivance — burden to prove.
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29 October 2021 |
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Tribunal improperly dismissed land suit on mention date, denying appellant the constitutional right to be heard; matter remitted for rehearing.
Land procedure – dismissal for non-appearance – Regulation 11(1)(b) GN No. 174/2003 applicable to hearing dates or where notice proved, not to mention dates; constitutional right to be heard (Article 13(6)(a)) – dismissal at mention without notice is void; appellate power under s.43(1)(b) LDCA to quash and remit; requirement to rehear before different Chairperson to avoid bias.
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29 October 2021 |
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Arbitrator’s wage-order entitlement and Tshs. 1,000,000 costs award under s.88(8) ELRA affirmed on review; revision dismissed.
Labour law – application of Labour Institutions Wage Order GN. No. 196/2013 – minimum wages for guest-house workers. Employment – unpaid wages – calculation of arrears and deduction of sums already paid. Employment and Labour Relations Act s.88(8) – award of costs where a party’s conduct or defence is frivolous or vexatious. Review of CMA/arbitration award – appellate interference limited where findings of credibility and discretionary awards are justified.
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29 October 2021 |
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Extension refused: applicants failed to account for delay and alleged illegality was not pleaded or apparent on the record.
Land law – Extension of time – Requirements under Lyamuya: account for all delay, no inordinate delay, show diligence, or demonstrate a sufficiently important point of law/illegality apparent on the record. Civil procedure – Submissions do not constitute evidence; new grounds must be pleaded in affidavit. Illegality as ground for extension – must be apparent on face of record to justify extension.
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29 October 2021 |
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A maintenance order against the appellant as a non‑spouse was a nullity for lack of jurisdiction.
Child law — maintenance — scope of section 42(2) of the Law of the Child Act; Jurisdiction — requirement that juvenile matters be heard by designated Juvenile Courts (GN. No. 314 of 2016); Law of Marriage Act — inapplicability of ss.115 and 129 where no marriage exists; Procedural nullity — proceedings and orders void for want of jurisdiction; Revisionary powers — High Court quashes and sets aside lower courts' decisions.
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29 October 2021 |
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Court set aside 50/50 asset split and custody transfer for lack of evidentiary basis and statutory consideration.
Matrimonial law — Division of matrimonial property — Section 114 LMA — mandatory factors and evidentiary basis for asset division; Child custody — Section 125 LMA — welfare of the child, presumption for mother, and need for evidence on living environment; Appellate procedure — failure to challenge decree of divorce treated as final.
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29 October 2021 |
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Appellate court upheld acquittal where prosecution failed to prove rape, impregnation and conspiracy due to witness credibility and delay.
Criminal law – Rape – Proof of penetration, identification and age; corroboration and medical evidence. Criminal law – Impregnating a schoolgirl – proof of age and causal link to accused. Criminal law – Conspiracy – requirement to prove ingredients and participation. Evidence – Witness credibility – effect of unexplained delay in reporting and inconsistencies on reliability. Appeal – Appellate interference limited where trial court properly evaluates evidence and reaches reasonable conclusion.
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29 October 2021 |
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Inspection of land is discretionary and, absent tendered sale agreement or credible witness evidence, appeal dismissed for lack of proof.
Land dispute — locus in quo inspection discretionary; requirement of tendering/documentary proof for sale agreements; presumption of authenticity of court records; insufficiency of hearsay or non-witness testimony to establish transfer of land.
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29 October 2021 |
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Bail pending appeal denied where medical evidence was deficient and no exceptional circumstances were shown.
Criminal procedure – Bail pending appeal – Not a right for a convicted person; must show exceptional circumstances, e.g., illness not treatable in custody – Medical evidence must be recent, identifiable and probative – Hardship to dependents alone insufficient.
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29 October 2021 |
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Court held properties registered in one spouse's name can be matrimonial if joint intention or spouse's contributions are proved.
Family law – matrimonial property – rebuttable presumption of ownership for property registered in one spouse's name (s.60 LMA) – contributions and common intention – improvements to pre-marital property – treatment of gifts received during extramarital relationship as matrimonial assets – responsibility for bank loans used for jointly relevant assets.
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28 October 2021 |
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Ex parte proof established defendants’ libelous publications; plaintiff awarded general, exemplary damages, injunction, interest and costs.
Defamation — libel through print and online media — publication, reference and damage — burden of proof in ex parte proceedings — failure to justify defamatory imputations — assessment of special versus general damages — injunction, exemplary damages and interest.
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28 October 2021 |
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Appeal allowed: no proven land exchange and adverse possession improperly applied; appellant declared owner of the eight acres.
Land law – ownership dispute – alleged exchange of lands – burden to prove exchange; Adverse possession – inapplicable where possession is disputed and title claimed by exchange; Evidence – inconsistencies and failure to prove transaction undermine transfer claim.
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28 October 2021 |
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Sickness may justify extension of time, but medical proof and accounting for each day of delay are required.
Extension of time – section 41(2) LDCA – good cause requirement – sickness can be good cause but must be proven with medical evidence – applicant must account for each day of delay.
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28 October 2021 |
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Applicant had standing for judicial review but PPAA correctly found lack of authority to represent consortium; application dismissed with costs.
Public procurement – consortiums/joint ventures – requirement that a lead member have authority to bind consortium and confirm appointment by power of attorney (Regulation 9(10)(d)). Administrative law – judicial review – locus standi/standing of an applicant who participated in procurement process. Administrative law – certiorari – review limited to legality, procedural propriety and reasonableness; appellate substitution not permitted. Contract/procurement documents – Joint Bidding Agreement as relevant material for determining authority to act for consortium.
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28 October 2021 |
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Applicant had standing but lacked authority to bind the consortium; PPAA lawfully dismissed the appeal and its decision was upheld.
Public procurement – judicial review – standing (locus standi) to challenge administrative procurement decisions – participation in tendering process sufficient for High Court standing. Public procurement – Regulation 9(10)(d) – lead member must have authority to bind consortium and confirm by power of attorney at contract award. Administrative law – certiorari/mandamus – review limited to legality, procedural fairness and relevance of materials considered. Joint Bidding Agreement – relevance in assessing authority to represent consortium.
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28 October 2021 |
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Supporting affidavit contained impermissible legal argument; application struck out with costs.
Civil procedure – Affidavits – Supporting affidavits must be confined to facts, not legal argument or prayer – Order XIX Rule 1 CPC; Ex parte Matovu – Defective affidavit may be struck out; impact on chambers application.
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28 October 2021 |
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An executing court may not vary an unchallenged decree; execution must proceed against the respondent's legal representative.
Civil procedure – Execution of decree – Executing court must execute the decree as it stands and cannot vary or modify its terms; Principle of functus officio – subsequent chairperson cannot alter a tribunal's final decree; Execution against legal representative – death of judgment debtor does not invalidate decree; Order XXI & Order XX CPC – limits on executing court's enquiries into correctness of decree.
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28 October 2021 |
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28 October 2021 |
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Revocation claim failed because the applicant should have lodged a caveat or sued before or after the grant, not rely on section 49(1)(b).
Probate law – Revocation of grant – Section 49(1)(b) PAEA – requirement to prove grant obtained by concealing something material. Probate procedure – Caveat under section 58 and Rule 82 – necessity to object before grant. Civil procedure – Lex specialis versus general powers (section 95 CPC) – specific probate rules prevail. Remedies after grant – approach administrator for agreement or sue the administrator; revocation not appropriate to obtain inclusion as heir.
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28 October 2021 |
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District Court competent for contractual loan claim; respondent failed to prove loan, appeal allowed with costs.
Jurisdiction — contract v. land dispute; District Court competent where relief is contractual payment, not sale or transfer of land; Land Disputes Courts Act and 2021 amendments; Evidentiary proof — authenticity of contract documents and proof of disbursement required; Failure to file court-ordered submissions tantamount to failure to prosecute/defend; Appeal allowed for failure to prove loan.
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28 October 2021 |
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Accused convicted of murder on reliable confessions corroborated by forensic and circumstantial evidence, sentenced to death.
Criminal law – murder – reliance on extra‑judicial and cautioned confessions – voluntariness and corroboration; circumstantial and forensic evidence; alibi unsupported by witnesses; malice aforethought established.
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28 October 2021 |
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28 October 2021 |
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Leave granted to challenge dismissal without trial tribunal's judgment and appellate determination of unframed issues.
Land law – leave to appeal under s.47(2) Land Disputes Courts Act – leave granted where grounds raise arguable points of law. Appellate procedure – propriety of dismissing appeal in absence of trial tribunal’s judgment and decree. Appellate jurisdiction – whether a first appellate court may determine issues not framed or decided by the trial tribunal. Certification – non-certification of unrelated or unsupported grounds (purported tribal issue).
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28 October 2021 |
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Court granted letters of administration after the caveat was withdrawn and the parties agreed, directing administration under the Probate Act.
Probate — Grant of letters of administration — Parties’ agreement and withdrawal of caveat justify appointment of administrator. Probate — Effect of abandoned intended will on administration. Probate — Administration governed by Probate and Administration of Estates Act; letters of administration to be issued; six‑month administration period subject to court extension.
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28 October 2021 |
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Non-joinder of the municipal allocating authority rendered the tribunal’s decision on the surveyed plot a nullity.
Land law – allocation of surveyed plots – evidence of allocation by municipal authority and certificate of occupancy. Civil procedure – Joinder – necessary party – allocating authority must be joined where its participation is essential to resolve surrender and compensation issues. Appellate review – first appellate court entitled to re-evaluate and critically scrutinize trial evidence. Non-joinder of necessary party renders proceedings and judgment susceptible to being quashed and set aside.
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28 October 2021 |
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Petition for letters of administration granted following registered settlement; DNA test and property allocation ordered.
Probate administration – appointment of administrator on intestacy – petition converted to non‑contentious by registered settlement and withdrawal of caveat. Caveat – withdrawal by agreement – court acceptance of recorded settlement terms. Family paternity issue – DNA test ordered to determine heirship and possible recognition of child as heir. Administration procedure – filing of inventory and subsequent hearing to monitor administration.
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27 October 2021 |
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Leave to appeal denied where applicant failed to show a point of law, public importance, or reasonable prospects of success.
Land law – leave to appeal to Court of Appeal under s.47(2) Land Disputes Courts Act and Rule 45(a) – requirement of point of law, public importance, or reasonable prospects of success. Leave grant principles – authorities: Rutagatira; Harban Haji Mosi. Appeal refused where issues are factual and adequately addressed at appellate stage.
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27 October 2021 |
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Where reinstatement is impractical, the applicant is entitled to 12 months' compensation and unpaid terminal dues.
Employment law – Remedies for unfair termination under s.40(1): reinstatement, re‑engagement or compensation (minimum 12 months); arbitrator's discretion must be reasoned; compensation assessment guided by GN.42/2007 Rule 32(5); entitlement to terminal dues under s.44.
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27 October 2021 |
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Variance between charge and evidence (gang rape vs single accused) was curable and conviction upheld on credible victim testimony.
Criminal law – Rape v. gang rape – variance between charge and evidence; curability under section 388 CPA and requirement of prejudice. Evidence – Reliance on victim's testimony; section 127(6) Evidence Act allows conviction without corroboration if credible. Procedure – Improperly admitted cautioned statement and PF3 expunged; non-calling of ancillary witness not fatal. Criminal procedure – Accused's right to understand charge; prejudice test for defective charge.
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27 October 2021 |