|
Citation
|
Judgment date
|
| December 2021 |
|
|
An enforcement order by the juvenile court is not appealable; remedy is appeal of original custody order or revision.
Juvenile law – enforcement of custody orders – appealability; execution/enforcement orders not appealable under Section 74(1) and Order XL CPC; remedies: appeal original custody order, vary order under Rule 79(1), or challenge enforcement by revision; Rule 81 (enforcement procedure); precedent affirms no appeal lies from execution orders.
|
14 December 2021 |
|
Parties settled the appeal by consent; court adopted the settlement, ordered Tshs.15,500,000 payment and waived mutual claims.
Appeal by consent – parties filed deed of settlement – court adopts deed as consent judgment – payment order and waiver of claims – each party to bear own costs.
|
14 December 2021 |
|
A reference against a Taxing Officer must be filed within 21 days under the Advocates Remuneration Order; late references are incompetent.
Advocates Remuneration Order (G.N. No. 263 of 2015) – Regulation 7(1)-(3) – Reference to High Court against Taxing Officer’s decision – 21-day filing requirement – mandatory. Interpretation – use of "shall" denotes imperative compliance under s.53(2) Interpretation of Laws Act. Limitation – s.19(2) Law of Limitation Act does not encompass references under Advocates Remuneration Order; exclusion for time to obtain copies inapplicable absent express request. Procedure – filing out of time without extension renders reference incompetent and liable to dismissal.
|
14 December 2021 |
|
Respondent bank breached confidentiality by disclosing applicant's information to police, but claimed damages were too remote to recover.
Banking law – duty of confidentiality of banks to customers; statutory but not absolute. Exceptions – disclosure allowed when compelled by statute, court order, or to prevent/control unlawful activity. Evidence – requirement to show lawful authority before disclosing customer information. Tort/contract damages – causation and remoteness (Hadley v. Baxendale): damages must be proximate and within parties' contemplation to be recoverable.
|
14 December 2021 |
|
Application for interim injunction to restrain use of disputed village land dismissed for lack of irreparable harm and adverse balance of convenience.
Land law – temporary injunction – Atilio v Mbowe tripartite test (triable issue, irreparable injury, balance of convenience) – irreparable harm vs. monetary compensation – Order XXXVII r.1(a) CPC – village land allocation dispute – preliminary objection on jurisdiction not decisive for interim relief.
|
13 December 2021 |
|
Civil court upheld claimant's Tshs 600,000 loan claim on balance of probabilities despite no tendered written agreement.
Evidence Act (ss.110–111) – burden of proof in civil cases – balance of probabilities; Oral agreement valid as contract; Failure to tender written document where defendant alleged to have taken it – evidence may suffice; Criminal acquittal not a bar to civil liability; Civil vs criminal standards of proof.
|
13 December 2021 |
|
A Mareva injunction under s.2(3) JALA is inappropriate where no legal impediment prevents instituting the Companies Act claim.
Civil procedure – Temporary injunctions vs Mareva-type injunctions; s.2(3) Judicature and Application of Laws Act – intended where legal impediment prevents instituting a suit; Atilio v Mbowe test applies to injunctions where a main suit is pending; interlocutory application is not a pending main suit; available remedies under Companies Act for shareholder disputes.
|
13 December 2021 |
|
High Court grants bail for economic offences over TZS 10,000,000, applying the ‘sharing’ principle and specific security conditions.
Constitutional law – right to bail (Art.13(6)) – applicability where offences are bailable. Economic and Organized Crimes Control Act – s.36 – bail conditions for economic offences exceeding TZS 10,000,000. Procedure – jurisdiction to hear bail applications where matter not committed to High Court nor certified by DPP. Bail quantum – deposit of half the subject-matter value and application of the ‘principle of sharing’ among jointly charged accused. Bail conditions – sureties, bail bonds, surrender of travel documents, travel restrictions, verification by court.
|
13 December 2021 |
|
Revocation of letters of administration requires proof of fraud; unproven allegations warrant dismissal.
Probate law – Revocation of letters of administration – Grounds under section 49(1)(b) & (c) (fraud/false suggestion). Evidence – Requirement to prove grant obtained by false information; assessment of clan meeting minutes. Procedure – Compliance with citation requirements and absence of caveat legitimising grant. Remedies – Appropriateness of revocation once administration progressed and final account filed.
|
13 December 2021 |
|
District Court properly revoked hurried Primary Court appointment; dowry and brief cohabitation do not establish marriage.
Probate and administration – appointment of administrators – validity affected by procedural irregularities (insufficient notice, incomplete statutory forms, improper venue, undue haste). Civil procedure – revisionary jurisdiction – non-party to trial may invoke revision where appeal is unavailable. Family law – marriage – dowry payment alone insufficient to create marriage; statutory presumption of marriage requires two years' cohabitation (s.160 Law of Marriage Act). Evidence – authenticity of clan minutes and signatures can be challenged; forged or doubtful documents undermine appointment decisions.
|
13 December 2021 |
|
District Court lawfully revoked a hastily procured administration; dowry and short cohabitation did not prove marriage.
Probate/Administration – appointment of administrators – procedural regularity (notice period, completeness of forms, proper venue). Revisionary jurisdiction – District Court’s power to revise Primary Court decisions upon complaint by non-party. Family law – customary marriage/dowry and presumption of marriage by cohabitation (two-year rule). Evidentiary issues – authenticity of clan meeting minutes and signatures.
|
13 December 2021 |
|
Delay excused where court’s failure to supply certified copy of judgment justified extension to file appeal.
Criminal procedure – extension of time to file appeal – appellant must account for each day of delay; period for filing appeal may run from date certified copy of judgment made available; delay caused by court's failure to supply judgment can justify extension.
|
13 December 2021 |
|
Failure to account for each day of delay and absence of prospects of success warranted refusal of condonation and affirmed CMA decision.
Labour law – condonation for late referral – duty to account for each day of delay; proof of date of service of termination notice; assessment of prospects of success where termination due to retirement/age and fixed-term contract; CMA’s consideration of Rule 11(3) factors; unopposed applications do not automatically attract condonation.
|
13 December 2021 |
|
Unsubstantiated pregnancy claim and unexplained six-month delay failed to justify restoration of an appeal dismissed for want of prosecution.
Civil procedure – Restoration of appeal dismissed for want of prosecution – Rule 17 GN No.312/1964 – Requirement to show sufficient cause – Pregnancy and childbirth must be substantiated – Unexplained delay defeats restoration application.
|
13 December 2021 |
|
The appellant's statutory rape and impregnating-a-student convictions upheld on credible victim testimony, medical report and school records.
Criminal law – Statutory rape and impregnating a student – proof beyond reasonable doubt – primary reliance on victim's testimony. Proof of age – evidence by victim, parent and school records; inference under section 122 Evidence Act. Medical evidence (PF3) and school registers admissibility and corroborative value. Victim's prior sexual history/character does not negate criminal liability of accused.
|
13 December 2021 |
|
Applicant’s challenge to CMA ex parte award dismissed: alleged ‘illegalities’ were evidential and applicant delayed five months.
Labour law – Revision of CMA arbitral award – Illegality on face of record – Distinction between questions of law (illegality) and questions of evidence – Ex parte award – Delay in applying to set aside – Extension of time.
|
13 December 2021 |
|
Conviction quashed for inadmissible exhibits and uncorroborated prosecution evidence; sentence set aside.
Criminal law – Robbery with violence – Minimum sentence – no confirmation of sentence required by District Court. Evidence – Admissibility of exhibits – requirement of seizure certificate and chain of custody; failure to comply leads to expungement. Evidence – Duty to call available witnesses (arrest/search witnesses, motorcycle rider, police) and adverse inference for omission. Criminal procedure – Conviction must rest on strength of prosecution case, not weakness of defence; confession cannot be established by cross-examination alone without police testimony.
|
13 December 2021 |
|
Civil law governs probate; will held valid, clan meetings not required, caveator's claims unproven; probate granted.
Probate – Applicable law determined by testator's religion and testamentary intention – Validity of will under Indian Succession Act (attestation and genuineness) – Clan meeting not a statutory requirement for appointment – Burden to prove misappropriation and omitted heirs.
|
13 December 2021 |
|
Applicant failed to prove ownership; customary titles invalid without Village Assembly approval; suit dismissed with costs.
Land law – ownership of village land; validity of customary right of occupancy – necessity of Village General Assembly approval (s.8(5) Village Land Act); cause of action – distinction between ownership dispute and tort of trespass; evidential burden – proof on balance of probabilities; invalidity/unreliability of title where statutory allocation procedures not followed.
|
13 December 2021 |
|
Conviction quashed where mens rea was not proved and radiological interpretations were admitted without proper expert foundation.
Criminal procedure – succession of magistrate – section 214(1); Evidence – expert evidence and qualification to interpret radiological imaging (CT/MRI/X-ray); Evidence – requirement to tender imaging reports as exhibits; Criminal law – mens rea for assault causing actual bodily harm; Conviction safety and contradictions in witness evidence.
|
13 December 2021 |
|
Applicant entitled to repatriation and limited subsistence; respondent must issue termination letter and certificate of service.
Labour law — Section 43 ELRA — entitlement to repatriation and subsistence where contract terminated away from place of recruitment; employee notification and failure to attend affects subsistence entitlement; Section 44(2) ELRA — issuance of certificate of service mandatory; employer duty to issue termination letter; CMA condonation — proper exercise of discretion where arguable points of law and prospects of success exist.
|
13 December 2021 |
|
Application for leave to appeal held incompetent for failure to annex judgment and decree; withdrawal allowed with no costs and 14 days to refile.
Civil procedure – leave to appeal – practice of annexing judgment and decree to application for leave to appeal – omission may render application incompetent. Civil procedure – withdrawal of application – discretion to award costs; early concession may justify no order as to costs. Courts’ discretion – granting time to refile a competent application after withdrawal.
|
13 December 2021 |
|
Out-of-time notice of appeal allowed where imprisonment, transfers and lack of opposition prevented timely filing.
Criminal Procedure Act s.361(2) – extension of time to file notice of intention to appeal; Delay caused by imprisonment and transfers; Unopposed application – failure to file counter-affidavit; Right of appeal – procedural relief granted.
|
13 December 2021 |
|
Court permitted remote video-conference hearing of matrimonial proceedings; Regulation 5(2) does not absolutely bar exhibits by VC.
Remote proceedings – GN No. 637/2021 – power to conduct hearings remotely; Regulation 5(1) grounds (outsider residence, health); Regulation 5(2) not absolute bar to video conference when tendering exhibits; Regulation 14(1) on exhibits.
|
13 December 2021 |
|
Condonation for technical delay upheld; dismissal substantively fair (admitted gross misconduct) but procedurally unfair due to detention.
Labour law – condonation for late referral – technical delay; Fortunatus Masha principle and overriding-objective. Procedural fairness – right to be heard – employee detained in custody; employer’s duty to adjourn or prove deliberate absence. Substantive fairness – admission of misconduct may justify dismissal for gross misconduct despite procedural flaws. Admissibility of late additional documents – parties should be given opportunity; discretion to admit under rules.
|
13 December 2021 |
|
Appellant not entitled to full performance bond; court upheld deduction for contractual collection shortfall.
Contract law – sanctity of contract; performance bond as security for contract performance – lawful deduction to meet collection shortfall; Civil Procedure – judgment by admission (Order XII r.4) requires application and court’s discretion; evidential burden – party alleging force majeure or excusing circumstances must prove them; appellate relief – arithmetic discrepancies not corrected where not pleaded and submissions are unreliable.
|
13 December 2021 |
|
Court granted six-month injunction restraining sale of mortgaged properties pending resolution of disputed security and forgery issues.
Temporary injunctions; Atilio v Mbowe test (prima facie case, irreparable injury, balance of convenience); disputed validity and timing of securities; alleged forgery of mortgage documents; protection of third-party interests (tenants, employees) vs. bank’s right to realise collateral.
|
13 December 2021 |
|
The applicant's appeal dismissed: medical and eyewitness evidence proved rape beyond reasonable doubt.
Criminal law – Rape – proof of penetration – medical evidence (PF3) corroborating eyewitnesses; no statutory time limit for medical examination. Evidence – flagrante delicto arrests carry high probative value; minor timing discrepancies not material. Procedure – victim's inability to testify due to disability does not preclude conviction where corroboration exists. Criminal procedure – incorrect or omitted citation of punishment provision curable under section 388(1) CPA.
|
13 December 2021 |
|
Administrator’s duties continue until inventory and accounts filed; new administrator lawfully appointed where administration remained open.
Probate law – Administration of estate – Requirement to file full and true inventory and final accounts under section 107 and Probate Rules; effect of non‑compliance. Administrator’s Oath and bond – obligations survive administrator’s death and protect heirs’ rights. Appointment of new administrator – lawful where prior administration not duly closed. Limitation – petition for letters of administration not time‑barred where administration remains open.
|
13 December 2021 |
|
Appeal allowed: publications found substantially true and justified; defamation not proved; trial judgment overturned.
• Civil procedure – ex parte judgment – duty to notify non‑appearing parties – practical notification via co‑defendant and curable irregularity.
• Evidence – endorsement of exhibits – signature and dating sufficient where no prejudice shown.
• Defamation – elements: publication, identification, falsity – identification may be by persons with special knowledge.
• Defamation defence – truth/justification and statutory privilege (Media Services Act) negate liability where publication is substantially true.
• Damages – special damages must be pleaded and proved; where tort not established awards cannot stand.
|
13 December 2021 |
|
Applicant’s care of a seriously ill relative, supported by medical records, justified a 15‑day extension to file a revision.
Labour procedure – extension of time (condonation) – whether applicant showed sufficient cause for 31‑day delay to file revision; relevance of caregiving for seriously ill relative as ground for extension. Procedural law – ignorance of law and financial inability to hire counsel – generally not good cause absent strong documentary proof. Evidence – standard of proof on balance of probabilities; admissibility and weight of medical records to substantiate caregiving excuse.
|
13 December 2021 |
|
Confessions corroborated by recovery of victim's motorcycle and witness ID established common intention; three convicted, one acquitted.
Criminal law – murder – reliance on confessional statements and circumstantial evidence – retracted confession admissible if reliable and corroborated. Evidence – co-accused confession (s.33 Evidence Act) – danger of uncorroborated accomplice evidence; corroboration may come from conduct and discovery of stolen property. Criminal law – common intention – inferred from joint plan, conduct and participation. Relief – restoration of seized exhibit (motorcycle) to deceased's relatives.
|
11 December 2021 |
|
Appellant’s honest belief in ownership negated malicious prosecution; appeal allowed and trial judgment set aside.
Malicious prosecution — elements required: institution/continuation of proceedings, absence of reasonable and probable cause, malice, termination in plaintiff's favour; burden on plaintiff to prove absence of reasonable cause; reporting to police with honest belief constitutes reasonable cause; withdrawal/amicable settlement not necessarily termination in favour.
|
10 December 2021 |
|
Application to arrest judgment debtor struck out for defective submissions; leave granted to refile and to join proper parties.
Civil procedure – execution by arrest under Order XXI – requirements for naming judgment debtors; Advocates Act – filings must be made by an individual advocate not a law firm; failure to file ordered written submissions tantamount to failure to prosecute; discretionary leave to refile to avoid injustice.
|
10 December 2021 |
|
Failure to call key witnesses and to record witness demeanour rendered the rape conviction unsafe and was quashed.
Criminal law – Rape of a child; Evidence – failure to call material witnesses attracts adverse inference; Procedure – requirement to record witness demeanour (s212 CPA); Procedural irregularities raising reasonable doubt render conviction unsafe.
|
10 December 2021 |
|
Appellate court upheld a 90‑day grace occupancy as equitable but reversed the withholding of costs for lack of sufficient reasons.
Land law — Remedies — Tribunal may grant equitable relief under a general 'any other relief' prayer; Costs — discretionary but must be exercised judiciously with written reasons; withholding costs requires exceptional justification.
|
10 December 2021 |
|
Applicant failed to show good cause for extension of time; illness and financial constraints were insufficient, application dismissed.
Extension of time – good cause – illness evidence and unexplained delay – financial constraints and seeking legal advice not sufficient – competence of application under Rule 3 G.N. 312/1964 considered under “any other provision of law”.
|
10 December 2021 |
|
Extension of time granted because alleged illegality (unsworn witnesses) vitiated CMA award and raised jurisdictional concerns.
Labour law – extension of time – point of illegality – unsworn witnesses at CMA proceedings – evidence worth no evidence – nullity of proceedings; jurisdictional issue – removal from union post versus termination of substantive employment; appropriate remedy may be judicial review (certiorari).
|
10 December 2021 |
|
Claim for malicious prosecution and wrongful confinement dismissed for failure to prove malice or unlawful detention.
Civil liability of State – Government Proceedings Act jurisdiction – claim against police and Attorney General; malicious prosecution – requirement to prove malice and proper identity of complainant; wrongful confinement – appropriate remedy for short unlawful detention is habeas corpus; failure to prove malice or unlawful detention leads to dismissal.
|
10 December 2021 |
|
Failure to exhaust the statutory appeal under Regulation 58(13) bars judicial review; application struck out, no costs.
Administrative law – Judicial review – prerogative orders (mandamus and certiorari) – requirement to exhaust statutory/internal remedies before seeking judicial review (Regulation 58(13)). Immigration law – Immigration Services (Administration) Regulations 2018 – appeal to Commissioner General for officers below Assistant Inspector. Civil procedure – verification of pleadings – requirement to verify paragraphs/subparagraphs (Order VI r.15) (not decided).
|
10 December 2021 |
|
High Court set aside tribunal judgment for denial of hearing, regulatory breaches and failure to evaluate evidence.
Land law – Revision jurisdiction under section 43(1)(b) LDCA – Procedural fairness – Right to be heard – Vacated ex parte order ignored – Failure to read application to parties and to frame issues – Non-compliant judgment under Regulation 20(1) G.N. No.174/2003 – Proceedings and judgment nullified.
|
10 December 2021 |
|
Whether a tribunal must visit the locus in quo to determine land size and boundaries before declaring ownership.
Land law – ownership dispute; necessity of locus in quo visit where size and boundaries are contested; weight of village council minutes versus tribunal's fact-finding; Operation Vijiji claims and adverse possession/long possession.
|
10 December 2021 |
|
|
10 December 2021 |
|
Second appellate court reduced an unproven, excessive special damages award and dismissed the recusal claim.
Civil damages – specific damages – must be specifically pleaded and strictly proven; expert valuation is guidance, not binding. Evidence – misapprehension of evidence and over‑reliance on valuation can justify interference on second appeal. Procedure – standards for judicial recusal; absence of trial‑level complaint defeats recusal claim. Primary court practice – less rigid document production/admission compared to higher courts.
|
10 December 2021 |
|
Conviction for malicious damage quashed where malice, ownership and identification were not proved beyond reasonable doubt.
Criminal law – Malicious damage to property – ingredients (malice/intention; damage; ownership) – burden of proof; hearsay and uncorroborated evidence; unreliable valuation report; failure to evaluate alibi; unsafe conviction and compensation order set aside.
|
10 December 2021 |
|
Whether sua sponte non-joinder of third parties prejudiced the applicant where the respondent sold an encumbered plot.
Land law — Sale of land — Encumbrance and voidable contract — Effect of caveat emptor where purchaser reasonably inquires; Civil procedure — Non-joinder of interested third parties — Whether sua sponte joinder without hearing parties is prejudicial; Appellate review — Evaluation of evidence and correctness of tribunal's reversal of trial tribunal.
|
10 December 2021 |
|
An appeal from a primary court must be filed in the district court before transmission to the High Court; non-compliance is fatal.
Magistrates' Courts Act s.25(3)-(4) – mandatory filing route for appeals to the High Court from primary court decisions; jurisdiction and competence of appeals; overriding objective principle – cannot cure non-compliance with mandatory statutory procedure; preliminary objection – may be raised timely even if not pleaded earlier and may be entertained suo moto.
|
10 December 2021 |
|
|
10 December 2021 |
|
Failure to account for post-judgment delay and non-apparent illegality defeat extension of time to appeal.
Extension of time – good cause – computation of appeal period – exclusion of time spent obtaining copy of judgment – decree on appeal not mandatory – illegality must be apparent on face of record.
|
10 December 2021 |
|
Whether the applicant must exhaust the respondent association's internal remedies before seeking certiorari and whether the action was termination for age.
Administrative law – Judicial review (certiorari) – Requirement to exhaust internal remedies under association constitution before approaching court; Association constitutional and electoral rules – age limits and effect on membership (termination v suspension); Competence – premature applications and jurisdiction; Procedural law – preliminary objections on competence and dismissal with costs.
|
10 December 2021 |