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Citation
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Judgment date
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| December 2022 |
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Court restrained the respondent from implementing its communique or effecting the merger pending determination of leave.
Judicial review — interim injunction pending leave — Law Reform Act Cap.310 and GN. No.324/2014 (Rule 5(6)) — preservation of status quo — oral chamber application permissible (Order XLIII r.2 CPC) — Atilio v. Mbowe principles not prerequisite for interim relief.
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30 December 2022 |
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Whether DLHT was barred by res judicata and whether respondent proved ownership on the balance of probabilities.
Land law – res judicata – whether prior primary court or appellate decisions barred subsequent DLHT proceedings; Evidence – ownership of land – standard of proof on balance of probabilities; Value of documentary exhibits – building permit/site plan versus sale agreement and neighbours’ oral evidence; Appellate review – interference only for misdirection or non‑direction of evidence.
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30 December 2022 |
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Failure to file the mandatory CMA F.10 notice under Regulation 34(1) renders a labour revision application incompetent.
Labour procedure – Revision applications – Regulation 34(1) GN. No. 47/2017 – Mandatory requirement to file CMA F.10 notice of intention to seek revision – Non‑compliance fatal; overriding objective cannot cure express mandatory procedural rules.
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30 December 2022 |
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30 December 2022 |
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Eyewitness evidence and corroborated cautioned statements established common-intention murder; identification parade defects bore no prejudice to conviction.
Criminal law – murder – visual identification and credibility of eyewitness – cautioned statements and retracted confessions – corroboration – identification parade procedural compliance – doctrine of common intention – alibi evidence.
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30 December 2022 |
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30 December 2022 |
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30 December 2022 |
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30 December 2022 |
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Application to extend time to restore a revision was struck out for lack of territorial jurisdiction; proper registry was Dar es Salaam.
* Civil procedure – territorial jurisdiction – proper registry for restoration of proceedings; effect of establishing a new sub-registry on territorial competence.* Law of Limitation – application for extension of time – whether ignorance or uncertainty as to proper registry excuses filing in wrong registry.* Judicial administration – transfer and management of case files between district/sub-registries and consequences for locus of proceedings.
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30 December 2022 |
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Wrong citation of appeal provision is not fatal; extension granted where delay was reasonably explained and uncontradicted.
Extension of time to appeal – criminal cases from Primary Courts – correct provision: s.25(1)(a) Magistrates Courts Act – wrong citation not fatal where court has jurisdiction – evidence required in affidavit and failure of counter-affidavit to rebut.
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30 December 2022 |
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Leave granted to challenge GN No.597/2022 designating villagers' agricultural land as grazing area for procedural impropriety.
Judicial review — leave to apply — tests for leave (arguable case, six‑month limitation, sufficient interest) — procedural impropriety and illegality — participatory requirements in land‑use designation — Government Notice No. 597/2022 — Kimbo grazing programme — village land use programme/by‑laws.
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29 December 2022 |
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29 December 2022 |
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29 December 2022 |
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Applicants showed a prima facie dispute but failed to prove irreparable harm or favourable balance of convenience for injunctions.
Civil procedure — Interim injunctions — Principles: prima facie case, irreparable harm, balance of convenience; Corporate governance — validity of internal constitutional amendments and powers of NEC; Relief sought — suspension of leadership, restraint of asset disposal, ordering of Extra Ordinary General Meeting.
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28 December 2022 |
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Applicant charged with high‑value economic offences granted bail subject to substantial security and strict conditions.
* Criminal procedure – Bail – Economic and Organized Crime Control Act, Cap. 200 – Sections 36(4) and 36(5) – Bailability of economic offences; * High‑value economic offences – security quantification and stringent conditions for bail; * Conditions – cash or title deed security, sureties, surrender of travel documents, mandatory attendance; * Unopposed bail application – court’s discretion to grant with enhanced safeguards.
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27 December 2022 |
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Failure to frame or decide a counterclaim and use of an unstamped document nullified the trial judgment; retrial ordered.
Civil procedure — counterclaim treated as cross-suit — courts must frame issues covering both suit and counterclaim; failure to do so vitiates judgment. Evidence — documentary evidence must be cleared and read; unstamped instruments inadmissible under the Stamp Duty Act. Banking/microfinance — lack of licence affects remedies but does not necessarily absolve borrower of principal repayment. Interest — commercial interest and court rate governed by Order XX Rule 21. Conflict of interest — allegation against witness must be proved to disqualify testimony.
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27 December 2022 |
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Court dismissed revision of mediator's condonation ruling, affirming CMA's power to grant condonation for amicable-settlement efforts.
Labour law – jurisdiction of CMA over disputes involving religious institutions; condonation of delay – Rule 31 GN No. 64/2007; amicable settlement as good cause; interlocutory mediator rulings not revisable – Rule 50 GN No. 106/2007; procedural competence for revision of arbitration awards.
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27 December 2022 |
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Appellant's appeal was within time and an undated Memorandum did not invalidate the appeal; objections overruled.
• Civil procedure — Preliminary objections — computation of time to appeal — filing period runs from service/supply of judgment (s.19 Law of Limitation Act). • Civil procedure — Competency of appeal — undated Memorandum of Appeal — filing and registry stamping and signature render appeal competent; court may allow insertion of date. • Appeals — procedural objections — overruled for want of merit.
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27 December 2022 |
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Warrantless search (non-emergency) breached safeguards; conviction quashed and sentence set aside.
Criminal procedure – Search and seizure – Requirement of search warrant under s.38(1) Criminal Procedure Act and Police General Orders No.226 – Emergency exception – Protection of constitutional right to dignity and privacy – Unlawful search vitiates conviction.
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23 December 2022 |
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Applicant’s appeal against grievous harm conviction dismissed; prosecution proved unlawful act and identity beyond reasonable doubt.
Criminal law – Grievous harm – Elements: unlawful act and identity – Production of weapon not essential; cautioned statement admissibility requires specific legal objection; PF3 admissible without maker’s testimony; credibility and corroboration determine sufficiency of evidence.
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23 December 2022 |
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Application for status quo over disputed land dismissed as prematurely determining ownership.
Land law – interlocutory relief – maintenance of status quo vs status quo ante; Civil Procedure Code s.95 and inherent powers; prohibition on interlocutory orders that effectively determine ownership; prevention of abuse of court process.
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23 December 2022 |
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Application for status quo dismissed because it sought current occupation, risking premature determination of ownership.
* Civil procedure – interlocutory relief – maintenance of status quo v status quo ante – distinction and effect on substantive ownership dispute. * Abuse of process – limits of section 95 CPC and inherent powers to prevent miscarriage of justice without deciding merits. * Interim orders – cannot be used to reallocate possession or determine ownership pending appeal.
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23 December 2022 |
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An uncontested petition (published with no caveat) warrants appointment of an administrator and issuance of letters of administration.
* Probate law – Intestate estate – petition for letters of administration – publication and absence of caveat renders petition non-contentious – appointment of administrator – directions for inventory and hearing.
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23 December 2022 |
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Applicant appointed administrator of an uncontested intestate estate; letters to issue, inventory due, hearing scheduled.
* Probate and Administration – intestate estate – appointment of administrator after publication where no caveat filed – petition deemed non-contentious.
* Issuance of letters of administration – court may grant letters where petition unopposed.
* Procedural requirements – publication in newspaper and Government Gazette; inventory filing deadline; scheduling of hearing.
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23 December 2022 |
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The appellant's statutory rape conviction upheld: unchallenged victim testimony, medical evidence and confession proved penetration and age.
Criminal law – Statutory rape (s.130 Penal Code) – proof of age and penetration – consent immaterial if victim under 18 – minor variance in age inconsequential – victim’s unchallenged testimony corroborated by medical evidence and confession – absence of alarm or bruises not fatal to prosecution.
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23 December 2022 |
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District Court’s revision without hearing parties violated audi alteram partem and was quashed and remitted for rehearing.
* Probate law – Revisional jurisdiction – District Court’s power under section 22(1) & (3) Magistrates' Court Act – requirement to afford a hearing before making orders that alter parties’ rights; failure to hear vitiates revisional proceedings. * Natural justice – audi alteram partem – mandatory in revisional proceedings affecting rights. * Remedy – quashing of revision order and remittal for de novo hearing by another magistrate.
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23 December 2022 |
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Extra-judicial and caution statements, plus injury pattern and conduct, supported conviction where visual identification was unreliable.
Criminal law – Murder – Unnatural death established by post-mortem; Visual identification in darkness – caution on reliability; Extra-judicial and caution statements – admissibility when not objected to; Malice aforethought inferred from weapon, multiple wounds to vulnerable parts, motive and post-offence conduct.
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23 December 2022 |
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Omission to cite the specific enabling rule rendered the extension application incompetent; the oxygen principle could not cure the defect.
* Labour procedure – extension of time – requirement to cite specific enabling provision (Rule 56(1) Labour Court Rules) – omission renders application incompetent.
* Jurisdictional principle – court’s power derives from statute; parties must move court by citing the law conferring the power.
* Procedural doctrine – the oxygen principle cannot cure failure to cite mandatory enabling provisions.
* Outcome – application struck out; merits not considered; no order as to costs (labour matter).
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23 December 2022 |
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Court granted interim status quo restraining seizure or sale of vehicles pending determination of the main suit.
Interim relief – Maintenance of status quo – Preservation of assets subject of pending suit – Third-party agent engaged after suit – Abuse of process and delay not shown – Balance of convenience and potential prejudice.
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23 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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Applicant failed to prove exceptional circumstances or overwhelming appellate prospects to justify bail pending appeal.
* Criminal procedure – Bail pending appeal – Discretionary remedy under s.368(1)(a)(i) – Requires unusual or exceptional circumstances and overwhelming chance of success on appeal; * Evidence – Illness must be proven by medical evidence; * Appeal grounds – Must be apparent on face of record, not matters of factual disposition; * Balance of liberty versus administration of justice.
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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Whether execution of a labour award should be stayed pending revision where withholding funds prevents irreparable loss to the applicant.
Labour law – stay of execution – Rules 25(1)-(9) Labour Court Rules – balance of convenience – irreparable harm – pending revision – withholding court-held funds – costs each party to bear.
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22 December 2022 |
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22 December 2022 |
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Equivocal plea improperly taken and recorded; conviction set aside and retrial ordered to secure fair plea-taking.
Criminal procedure — Plea taking — Equivocal/ambiguous plea — Requirement to state substance of charge and record plea in accused's words (s.228 CPA) — Failure to comply renders conviction defective — Retrial ordered (s.388(1) CPA).
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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22 December 2022 |
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An unequivocal guilty plea establishing all elements precludes appeal on conviction; five-year sentence upheld as lawful.
Criminal law – Plea of guilty – Requirements for an unequivocal plea (s.228(2) CPA; Michael Adrian Chaki principles) – Facts must disclose all elements – No obligation to tender exhibits after admission – Appeals against convictions on guilty plea barred except as to sentence (s.360(1) CPA) – Sentence within statutory limits.
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21 December 2022 |
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Primary courts have exclusive power to execute judgments by attaching bank accounts; district court’s execution without jurisdiction is void.
Magistrates Courts (Civil Procedure in Primary Courts) Rules – Rule 56 – Execution of money awards – Attachment of bank accounts – Jurisdiction of Primary Court vs District Court; Misapplication of Rule 56; Attachment procedure — Primary Court to inform bank directly; Proceedings without jurisdiction are nullities.
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21 December 2022 |
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Non-compliance with s.214 CPA in magistrate succession nullifies trial; retrial denied and appellant released.
* Criminal procedure – Change of trial magistrate – Compliance with section 214(1) CPA – Reasons for change must be recorded and communicated to accused; non-compliance nullifies proceedings. * Succession of magistrate – Promotion without change of duty station not ordinarily sufficient ground for reassignment. * Retrial – Not automatic after nullification; ordered only if interests of justice require.
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21 December 2022 |
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Appeal dismissed: search lawful, chain of custody and exhibits properly admitted, conviction and 30-year sentence upheld.
Criminal law — narcotics trafficking — emergency (warrantless) searches under Criminal Procedure Act — chain of custody for physical exhibits — admissibility of documents and statements under section 34B Evidence Act — sufficiency of chargesheet — sentencing jurisdiction under Drugs Control and Enforcement Act.
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21 December 2022 |
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Failure to involve assessors in finding the accused had a case to answer vitiated proceedings; conviction quashed.
Magistrates' Courts Act — paragraph 35(6): duty to read and certify witnesses' evidence (including cross/re‑examination) — non‑compliance fatal only if prejudice shown; Magistrates' Courts Act s.7(2): assessors must be involved in findings on any issue — failure to involve assessors vitiates proceedings; discretionary remedy — retrial vs quash where accused has already served substantial custody.
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21 December 2022 |