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Citation
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Judgment date
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| November 2021 |
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26 November 2021 |
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An unsigned, one‑sided social inquiry report and unrequested custody orders denied the parties a fair hearing and vitiated the juvenile court proceedings.
Family law – maintenance, custody and access – Requirement and competence of Social Inquiry Report under section 45 Law of the Child Act and Rule 85 – validity when unsigned or based only on one party’s interview. Procedural fairness – audi alteram partem – court must not make orders (custody/access) not prayed for without hearing parties. Juvenile procedure – distinct forms and rules for maintenance vs custody/access – issuing unrequested orders vitiates proceedings. Remedy – quash and remit for fresh hearing after authentic S.I.R and before another magistrate.
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26 November 2021 |
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Appellate court quashed rape conviction due to unexplained reporting delay, witness contradictions, and unreliable prosecution evidence.
Criminal law – Rape – Proof beyond reasonable doubt – Effect of unexplained delay in reporting and medical examination on credibility. Evidence – Witness credibility – Contradictions between victim and parent; failure to call material corroborative witnesses. Appellate review – First appellate court’s power to re-evaluate evidence and reach its own findings.
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26 November 2021 |
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Court upholds convictions for three appellants on possession/constructive possession of trophies; quashes fourth appellant’s conviction.
Criminal law – unlawful dealing and possession of government trophies; evidentiary burdens – actual and constructive possession; cautioned statements – voluntariness and admissibility; chain of custody – oral proof and items not easily tampered with; documentary exhibits must be read aloud after admission.
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26 November 2021 |
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26 November 2021 |
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26 November 2021 |
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Appellate court varied child maintenance from Tshs.100,000 to Tshs.150,000 after bank statements showed increased respondent income.
Family law – maintenance variation – Rule 88 Law of the Child (Juvenile Court Procedure) – material change of circumstances; Admission and weight of bank statements produced on appeal as evidence of income; Assessment of child's reasonable needs versus parent's ability to pay.
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26 November 2021 |
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Appellate tribunal unlawfully struck out an appeal without hearing parties or considering the record.
Civil procedure — Appeals — Appellate tribunal’s duty to consider trial records and receive additional evidence under section 34(1) of the Land Disputes Courts Act; Natural justice — Right to be heard (Article 13(6)(a)) — Striking out appeal without hearing parties is unlawful; Remedy — Quash and remit for rehearing before different chairman.
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25 November 2021 |
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Whether a granted right of occupancy extinguishes the appellant's customary right absent proof of compensation.
Land law – customary (deemed) right of occupancy v. granted right of occupancy – extinction requires fair compensation. Compensation – statutory and constitutional protection of customary land interests; deprivation without compensation prohibited. Validity of title – granted right void where no evidence of required compensation. Constitutional protection – customary/deemed rights treated as real property under Article 24. Revocation of right of occupancy – power vested in the President.
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25 November 2021 |
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Validly-based dismissal for invalid qualifications was procedurally unfair due to lack of a disciplinary hearing; suspension required full pay.
Labour law — termination for invalid qualifications — employer entitled to investigate; natural justice — failure to hold disciplinary hearing vitiates dismissal; Employment and Labour Relations (Code of Good Practice) — Rule 13 (disciplinary hearing) and Rule 27(1) (suspension on full pay); reliefs for procedurally unfair dismissal.
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25 November 2021 |
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Discovery of new evidence alone does not justify an extension of time absent accounting for delay and demonstrated diligence.
Labour procedure – extension of time under Rule 56(1) – Lyamuya guidelines: account for delay, non-inordinate delay, diligence – discovery of new evidence insufficient without explanation – applicant failed to account for delay – application dismissed.
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25 November 2021 |
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A subsequent grant of administration over an already-administered estate is void if prior proceedings were not disclosed.
Probate and Administration – Duplicate grants – Validity of a subsequent appointment where an earlier administrator exists – s49 Probate and Administration of Estates Act. Duty to disclose prior proceedings – s56(1)(f) – Non-disclosure renders proceedings void. Revisional powers – High Court suo motu revision under s72 Probate Act read with s79(1)(c) CPC – quashing null probate proceedings. Costs – suo motu revision: each party to bear own costs.
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25 November 2021 |
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25 November 2021 |
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Ex parte DLHT eviction set aside for breach of natural justice; matter remitted for rehearing by a different chair.
Land law – interim/ex parte eviction – certificate of urgency – necessity of perishable subject matter or irreparable harm – breach of audi alteram partem vitiates proceedings – remittal for rehearing before different tribunal chair with new assessors.
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25 November 2021 |
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Trial court lacked jurisdiction where DPP consent and certificate were absent, and perishable-trophy evidence was procedurally defective.
Criminal procedure – EOCCA jurisdiction – requirement of DPP consent and certificate order where economic and non-economic offences are combined; evidence – perishable government trophies disposal and PGO requirements; chain of custody, seizure receipts and proper tendering of exhibits; remedy – nullity of proceedings and quashing of conviction; retrial not ordered where prosecution would be enabled to fill evidential gaps.
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25 November 2021 |
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Acquittal upheld where prosecution failed to prove rape beyond reasonable doubt due to insufficient and inconsistent evidence.
Criminal law – Rape – Proof beyond reasonable doubt – Need for corroborative/associative evidence linking accused to offence; Medical evidence – inconsistencies in clinical findings weaken prosecution case; PF3 – exhibit expunged where not read in court.
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25 November 2021 |
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25 November 2021 |
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Delay caused by a defective decree can constitute good cause for extension of time to file an appeal.
Land Disputes Courts Act s.41(2) – extension of time to appeal – "good cause" – defective/incorrect decree issued by trial tribunal; Exercise of judicial discretion to extend time where application is uncontested; Time limit for filing appeal after grant of extension (45 days).
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25 November 2021 |
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Respondent lacked locus standi and a defective locus in quo visit vitiated proceedings, so the tribunal's judgment was set aside.
Land law – locus standi – a person claiming land of a deceased must prove title or sue as administrator/legal representative or heir (Probate & Administration of Estates Act ss.71,100). Civil procedure – visit to locus in quo – must comply with guidelines: parties and witnesses present, evidence on oath, cross‑examination allowed, proceedings recorded and reconvened in court; failure vitiates trial (Nizar M.H. and authorities). Revisionary jurisdiction – High Court may quash proceedings and set aside judgment where procedural irregularities or lack of locus standi affect the merits (Land Disputes Courts Act s.43(1)(b)).
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24 November 2021 |
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Conviction for smuggling quashed where evidence showed mere transporting and key exhibits were not read.
Criminal law – Smuggling immigrants (s.46 Immigration Act) – Variance between charge and evidence (smuggling v. transporting) – Admitted exhibits must be read in open court – Failure to consider defence (s.312 Criminal Procedure Act) – Expunging exhibits and quashing conviction.
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24 November 2021 |
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Applicant's reasonable absence found sufficient to set aside dismissal and restore the suit under Order IX Rule 9.
Civil Procedure – Order IX Rule 9 – Setting aside dismissal for non-appearance – Sufficient cause – Interest of justice and preference for adjudication on merits – Restoration of suit; costs order.
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24 November 2021 |
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Leave to appeal granted where applicant raised prima facie arguable issues on assessors, locus in quo, and locus standi.
Land law – leave to appeal – test for leave (prima facie/arguable issues) – assessors’ opinions and incorporation – locus in quo procedures – locus standi/administrator capacity – constitutional right to appeal (Art 13(6)(a)).
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24 November 2021 |
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24 November 2021 |
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A recorded promise by a child witness and repetitive-acts testimony sufficed; date discrepancies and absent reporters did not undermine conviction.
Evidence — child of tender age — section 127(2) Evidence Act — promise to tell truth; Sexual offences — victim’s testimony as best evidence; Inconsistencies — materiality of discrepancies; Omission to call tertiary witnesses — not fatal where victim’s evidence is cogent.
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24 November 2021 |
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Appellant’s rape conviction upheld on victim and parental evidence; impregnating charge quashed for lack of DNA paternity proof.
Criminal law – Sexual offences – Statutory rape – proof of penetration and age – victim and parent evidence admissible to prove age. Evidence – Victim’s testimony as best evidence in rape cases. Paternity – Requirement of DNA or conclusive proof to establish fatherhood for impregnating charge. Criminal Procedure – Alibi notice requirement under section 194 CPA; failure disentitles the defence to weight. Procedural – Delay in medical examination does not necessarily vitiate prosecutrix’s testimony.
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24 November 2021 |
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Extension of time to appeal refused; applicant failed to account for delay or show sufficient cause.
Extension of time – section 25(1)(b) Magistrates Courts Act – discretionary but requires "sufficient or good cause"; Delay – applicant must account for every day of delay and show diligence (Lyamuya principles); Professional duties (invigilation/marking) do not automatically constitute sufficient cause without supporting evidence; Failure to provide full, detailed, and accurate account of delay warrants refusal of condonation.
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24 November 2021 |
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Applicant's request for certificate to appeal dismissed for failing to identify requisite point(s) of law under section 5(2)(c) AJA.
Appellate Jurisdiction Act s.5(2)(c) — certificate required for appeal to Court of Appeal in head (c) matters — applicant must identify point(s) of law. Leave to appeal — discretionary, not automatic — must show point(s) of law and reasonable prospects. Failure to specify points of law — application for certificate dismissed.
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24 November 2021 |
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Conviction quashed where inventory disposing perishable trophy was improperly prepared and inadmissible, leaving no proof of offence.
Criminal law – Evidence – Disposal and admissibility of perishable exhibits – Requirement under Police General Orders para.25 (and judicial precedent) that accused be present and heard before magistrate orders disposal – inventory prepared without complying with PGO is inadmissible. Wildlife law – Proof of government trophy – necessity of admissible exhibit identification; removal of key exhibit undermines prosecution case. Remedy – Expungement of improperly prepared exhibit, quashing of conviction and setting aside of sentence; no retrial ordered due to lack of evidence.
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24 November 2021 |
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Whether applicants charged under EOCCA with high-value mineral offences are entitled to bail pending trial.
EOCCA s29(4)(d) and s36(4)-(5) – bail pending trial where property value exceeds statutory threshold; presumption of innocence and right to liberty; sharing bail security among multiple accused; conditions of deposit, sureties and verification.
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24 November 2021 |
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Presumed cohabitation creates consequential custody jurisdiction but not a right to divorce; suo motu orders without hearing are nullities.
Family law – presumption of marriage under s.160 LMA – presumption not a formal marriage and cannot be dissolved by divorce – courts may make consequential orders under s.160(2) including custody; jurisdiction of primary court on consequential orders; natural justice – orders made suo motu without hearing are nullities; child welfare paramount in custody decisions.
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24 November 2021 |
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Failure to conduct mandatory Ward Tribunal mediation renders proceedings a nullity and warrants trial de novo.
Land law — Ward Tribunal — mandatory mediation under LDCA (sections 13, 14, 17(2)) — failure to mediate renders proceedings nullity — appellate proceedings founded on nullity invalid — court’s power under section 43(1) to quash and order trial de novo.
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24 November 2021 |
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Court granted extension of time to appeal, finding the applicant’s affidavit disclosed sufficient cause under section 14(1) Limitation Act.
Civil procedure — Extension of time — Application for leave to appeal out of time — Requirement to show sufficient cause/special grounds. Factors — length of delay, reasons for delay, diligence, point of law or illegality. Limitation law — Section 14(1) Law of Limitation Act — discretionary extension of limitation period. Relevant authorities — tests in Tanroads v Ruaha, Barclays v Mcheni, Meis Industries, Tanga Cement, Mobrama Gold.
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24 November 2021 |
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Court restored a dismissed civil reference where non-appearance was inadvertent due to a court venue shift; no order as to costs.
Civil Procedure — Restoration of dismissed proceedings under Order IX Rule 3 CPC — Non-appearance due to court venue change; inadvertence as sufficient cause — Discretion on costs (each party to bear own).
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24 November 2021 |
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Appeal dismissed: plea properly recorded, facts consistent with trafficking charge, and thirty-year mandatory sentence lawful.
Criminal procedure – Plea of guilty – Requirements under section 228 CPA and Adan v Republic – Plea must be unequivocal; Facts read and admitted must establish ingredients of offence. Drugs law – Trafficking in narcotic drugs – Section 15A(1) & (2)(c) Drugs Control and Enforcement Act – Thirty years mandatory sentence. Appeals – Section 360(1) CPA – limitation on appeals after guilty plea to legality or extent of sentence.
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23 November 2021 |
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Unequivocal guilty plea supported conviction; mandatory thirty-year sentence lawful and appeal dismissed.
Criminal procedure – Plea of guilty – Requirements for recording plea: charge and ingredients explained in language understood; accused’s own words recorded; prosecution facts read and accepted – Trafficking in narcotic drugs – Mandatory sentence under s.15A Drugs Control and Enforcement Act – Appeal limitations after guilty plea (s.360(1) CPA).
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23 November 2021 |
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Conviction for cattle theft quashed for insufficient evidence and unreliable, uncorroborated caution statement.
Criminal law - theft - sufficiency of evidence; admissibility and corroboration of caution/confession statements; alleged coerced payments as evidence; trial court's duty to weigh defence evidence.
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23 November 2021 |
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Conviction for cattle theft was unsafe where it relied mainly on an uncorroborated caution statement and equivocal compensation evidence.
Criminal law – cattle theft – sufficiency of evidence – reliance on caution statement – need for corroboration and JP confirmation – admissibility of alleged coerced confessions – evidential weight of restitution/compensation.
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23 November 2021 |
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Stamping a cheque deposit slip acknowledges receipt only; bank may return dishonoured cheques for insufficient funds, and unsupported general damages were wrongly awarded.
Banking law – cheque deposits – endorsement/stamping of deposit slip is acknowledgement of receipt for processing not guarantee of credit; drawer’s duty to ensure sufficient funds; terms and conditions making non-cash deposits subject to actual receipt; general damages require factual basis and reasons; pecuniary jurisdiction in commercial matters.
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23 November 2021 |
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Re-reading a Ward Tribunal judgment at a party’s request does not restart the statutory appeal period; the applicant’s appeal was time-barred.
Land law – appeals – time limits under the Land Disputes Courts Act – effect of re-reading a judgment on the appeal period. Civil procedure – preliminary objection for being time-barred – requirement to seek leave to appeal out of time. Evidence – interpretation of tribunal records: re-reading versus fresh pronouncement of judgment.
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23 November 2021 |
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Insufficient, uncorroborated prosecution evidence and inadmissible valuation and sale documents led to dismissal of the appeal.
Criminal law – Malicious damage to property – burden to prove willful and unlawful destruction and accused’s participation beyond reasonable doubt; Admissibility of documents – non-stamped sale agreement inadmissible under Stamp Duty Act; Expert/valuation evidence – requirement to demonstrate qualifications, methodology and timely assessment; Identification and alibi – failure to secure evidence and to discredit alibi raises reasonable doubt.
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23 November 2021 |
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Applicants must seek extension of time to challenge an Industrial Court decision in the Labour Court, not the High Court.
Labour law; jurisdiction – whether High Court may grant extension of time in respect of Industrial Court matters; effect of repeal and savings/transitional provisions of Employment and Labour Relations Act; appropriate forum for challenging Industrial Court decisions (Labour Court).
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23 November 2021 |
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Extension of time granted where applicant showed diligence and delay resulted from late supply of judgment and technical filing fault.
Civil procedure – extension of time to file appeal – Law of Limitation Act s.19(2) – time runs after receipt of copies; 90-day limit under Schedule to Law of Limitation Act. Extension of time – discretionary exercise – application of Lyamuya criteria (account for delay, inordinate delay, diligence, other sufficient reasons). Right to appeal – not automatic where supply delays occur; application for extension may be required. Evidence of diligence – notice of intention to appeal and requests for copies; technological filing faults may excuse further short delay.
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23 November 2021 |
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Applicant failed to show sufficient cause or apparent illegality for extension of time to seek revision in probate matter.
Limitation Act s.14(1) — extension of time; probate proceedings — revision; illegality as ground for extension — must be apparent on face of record; applicant’s duty to follow up proceedings; requirement to account for each day of delay (Bushiri principle).
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23 November 2021 |
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Applicant failed to show sufficient cause for extension of time; alleged illegality not apparent on the record.
Civil procedure – Limitation Act s.14(1) – extension of time – necessity to show sufficient cause. Illegality as ground for extension – must be apparent on the face of the record. Duty of litigant to diligently follow up proceedings initiated – failure to account for delay fatal to application. Authorities cited: Benedict Mumello v. Bank of Tanzania; Lyamuya Construction; Bushiri v. Latifa; Mega Builders v. D.P.I. Simba.
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23 November 2021 |
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23 November 2021 |
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Appellant failed to prove forgery or non-ownership; breach of lease upheld and Tsh 3,600,000 awarded to the respondent.
Contract law – Enforcement of written lease – breach and damages for loss of leased items. Evidence – Burden of proof – party alleging forgery or fact must prove it per Evidence Act ss.110–111. Property/possession – Ownership by third parties does not absolve lessee’s contractual obligations absent proof. Civil procedure – Appeal dismissed where appellant fails to produce probative evidence challenging trial findings. Alternative dispute resolution – court reminder of ADR’s utility in commercial disputes.
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23 November 2021 |
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Omission of arbitrator’s signature on CMA proceedings vitiates the record and mandates rehearing before another arbitrator.
Labour law – procedural irregularity – omission of Arbitrator’s signature after recording evidence – authentication of CMA proceedings – vitiation of proceedings and nullity of award – remedy: rehearing de novo before another Arbitrator.
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23 November 2021 |
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23 November 2021 |
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The applicant’s challenge to a mortgagee’s sale failed because statutory notice and sale procedures were complied with.
Land Law – mortgagee’s power of sale – statutory requirements for notice and sale (Land Act ss.127, 133) – duty of care in sale price and rebuttable presumption where price is 25% or below market value. Civil procedure – service of default notice; proof by postal dispatch and acknowledgement by spouse. Non‑joinder – purchaser not party to loan agreement; non‑joinder not fatal where no dispute with purchaser and point not raised preliminarily.
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23 November 2021 |
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Extension of time refused where delay unexplained, affidavit defective and alleged illegality not specifically pleaded.
Extension of time – application for review – requirements under s.14(1) Law of Limitation Act; delay, reason for delay, prospects of success and prejudice as determining factors; allegation of illegality must be particularized and apparent on record; adequacy and execution of supporting affidavit.
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23 November 2021 |