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Citation
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Judgment date
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| January 2024 |
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31 January 2024 |
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31 January 2024 |
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Failure to join the Registrar of Titles in proceedings to annul registered transfers obtained by alleged fraud renders the judgment a nullity.
Land law—necessary parties—Registrar of Titles must be joined where declarations or nullification of registered transfers are sought based on alleged fraud; non-joinder is a fatal procedural irregularity rendering proceedings nullity.
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31 January 2024 |
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Decree of divorce granted; respondent awarded custody and Australian house; Tanzanian assets awarded to petitioner; Australian bank funds not divided.
Family law – Divorce – irretrievable breakdown by separation/desertion; Custody – welfare of child and binding effect of parties’ Memorandum of Settlement; Relationship between Juvenile Court orders and High Court – settlement binding on parties though High Court not hierarchically bound; Division of matrimonial property – requirements for classification as matrimonial asset; Maintenance and visitation; Non-molestation/injunction on holding children.
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31 January 2024 |
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Improper voir dire of the child victim rendered her testimony inadmissible, leading to quashing of the applicant's conviction.
Criminal law – Sexual offences – Evidence of child complainant – voir dire and promise to tell the truth – necessity to record questions and answers
Evidence – Admissibility and evidential value of child’s testimony – omission fatal to prosecution case
Corroboration – Lack of independent corroborative evidence renders conviction unsafe
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31 January 2024 |
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Time to appeal runs from supply of the judgment; time to obtain the copy is excluded, court extended remaining 40 days.
Land procedure – extension of time to appeal – computation of appeal period under Section 41(1) Land Disputes Courts Act – 45 days from supply of certified copy
Limitation – exclusion of period spent obtaining copy of judgment under Section 19 Law of Limitation Act – automatic exclusion affirmed by Court of Appeal. Civil procedure – requirement that appeal be accompanied by copy of judgment/decree (Order XXXIX, r.1(1) CPC)
Evidence – failure to file counter-affidavit renders affidavit facts unopposed
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31 January 2024 |
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Child’s promise to tell truth sufficed; age and penetration proved; rape conviction and life sentence upheld.
Evidence — Child witness — Section 127(2) Evidence Act — simplified questions and promise to tell the truth suffice; omission of phrase “not to tell lies” not fatal; Voir dire doctrine displaced
Evidence — Sexual offences — proof of age and penetration: victim’s testimony supported by mother and clinical officer
Evidence — Documentary admissibility — failure to object at trial precludes appellate attack. Criminal procedure — contradictions in testimony — minor inconsistencies not necessarily fatal
Sentencing — life imprisonment lawful where prescribed in charge under relevant statutory provision
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31 January 2024 |
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31 January 2024 |
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Appellant's conviction for stealing by agent upheld; prosecution proved entrustment and conversion beyond reasonable doubt.
Penal Code—stealing by agent; entrustment and conversion of goods; sufficiency of prosecution evidence; admissibility and weight of gate pass, loading slip and ledger; alibi and burden to call corroborating witnesses; procedural compliance—section 231 and 195 CPA.
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31 January 2024 |
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Delay and discrepancies in prosecution’s handling of mineral evidence created reasonable doubt, so the appellant’s conviction was quashed.
Criminal law – unlawful possession of minerals; delay in amending/substituting charge sheet; burden of proof–beyond reasonable doubt; chain of custody and possible tampering; effect of evidential discrepancies on conviction.
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31 January 2024 |
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Sickness and lack of notice justified setting aside an ex‑parte decree; the trial court remained competent to hear the application.
Civil procedure – setting aside ex‑parte decree – Order IX r.9 CPC – sufficiency of cause (sickness and lack of notice) – functus officio – representation and service/notice of ex‑parte hearing.
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31 January 2024 |
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The appellant’s recognition by the victim and corroborated testimony sustained conviction; a late alibi failed to raise reasonable doubt.
Criminal law – sexual offences – victim recognition as identification – recognition more reliable than dock identification where accused known to victim
Evidence – credibility and corroboration – victim’s unchallenged testimony and medical PF3 corroboration sufficient to prove sexual assault beyond reasonable doubt
Procedure – date uncertainty – charge of unknown date in a month; minor contradictions on precise date not fatal
Defence – alibi – late/afterthought alibi weak and incapable of creating reasonable doubt
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31 January 2024 |
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31 January 2024 |
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Prosecution failed to prove murder where sole eyewitness’s delayed identification and a section 34B statement were unreliable or non‑compliant.
Criminal law – Murder; identification evidence – reliability and delay in reporting; Section 34B Evidence Act – statutory requirements for statements of absent makers; need for corroboration; burden of proof; acquittal where prosecution fails to prove guilt beyond reasonable doubt.
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31 January 2024 |
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Appellant failed to prove respondent wilfully and unlawfully damaged property; court-auction purchaser not criminally liable.
Criminal law – Malicious damage to property – Requirement to prove wilful and unlawful destruction – Evidence that purchaser at court-supervised auction and eviction by court broker negates criminal liability; procedural irregularities in execution/auction are civil/administrative issues, not criminalizing the purchaser.
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30 January 2024 |
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Primary court may order distribution where an appointed administrator neglects duties; allegations of fraud require a Rule 9 revocation application.
Probate law – duties of administrator – Rule 5, Fifth Schedule, Magistrates' Courts Act – duty to collect, pay debts and distribute estate and convene clan meeting. Probate procedure – court powers to decide partition/distribution where administrator neglects duties – Rule 8(f) of the Probate Rules
Revocation/remedy – allegations of fraud or defective grant to be pursued under Rule 9 (application to revoke or annul grant). Civil appeals – appellate review of primary court exercising distribution powers when administration incomplete or neglected
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30 January 2024 |
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Appeal dismissed: appellant failed to prove ownership or trespass; tribunal’s site visit and evidence assessment upheld.
Land law – ownership and encroachment – burden of proof on claimant to prove size and boundaries of disputed land. Civil procedure – locus in quo visits – measurement only necessary where parties specify dimensions and contest requires it
Evidence – admissibility and weight of documentary evidence (Exhibit A1) – tribunal may discredit documents after evaluation. Land administration – role of site plans and statutory authorities; reservation by TANROADS affects title/possession issues
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30 January 2024 |
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30 January 2024 |
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Courts – jurisdiction – labour court – jurisdiction to interpret an organisation’s constitution – whether the Labour Court had jurisdiction to interpret an organization’s constitution – Employment and Labour Relations Act, sections 53 and 94(1)
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30 January 2024 |
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Fresh suit filed after ordered retrial was improper, time‑barred, and the District Court lacked pecuniary jurisdiction.
Civil procedure – retrial versus filing fresh suit after appellate order; Limitation of actions – Item 1 Part I, 1st Schedule to the Law of Limitation Act – one year for claims arising from damage to property; Jurisdiction – pecuniary jurisdiction determined by specific damages; District Court lacked jurisdiction for Tshs. 775,000/= claim; Remedy – nullification of proceedings and judgment for want of jurisdiction/time-barred action.
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30 January 2024 |
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A material discrepancy in a party's name between court records renders an appeal incompetent and vitiates appellate proceedings.
Criminal procedure – appeal – competency of appeal – discrepancy in party's name between trial court judgment and appeal records – naming defect fatal and incurable – first appellate proceedings nullified and trial court decision restored.
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30 January 2024 |
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Trial without the DPP's statutory consent is a nullity; conviction quashed and retrial ordered.
Criminal law – Economic offences under the Economic and Organized Crime Control Act (Cap. 200) – statutory requirement of DPP's consent under section 26(1)
Jurisdiction – trial of economic offences by subordinate courts – need for valid certificate/consent to confer jurisdiction. Procedural irregularity – defective consent issued by regional prosecution officer – proceedings, conviction and sentence held nullity
Remedy – quashing of proceedings and conviction; retrial (trial de novo) ordered; deduction of time served on sentencing
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30 January 2024 |
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An incurably defective charge sheet precludes ordering a retrial; appeal dismissed.
Criminal procedure – charge sheet – incurably defective charge – lumping of counts, lack of separate particulars, omission of subsections
Retrial – availability of retrial only where charge properly exists before the court. Appellate review – affirmation of refusal to order retrial where charge is defective
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30 January 2024 |
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30 January 2024 |
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Applicant failed to show good cause for extension of time and did not account for the one-year delay.
Civil procedure – Extension of time – Applicant must show good and sufficient cause and account for each day of delay – ignorance of law and counsel’s mistakes not good cause. Limitation of actions – Law of Limitation Act s.3 – dismissal of time-barred applications. Technical delay principle – Fortunatus Masha distinguishes competent-but-struck-out appeals from appeals filed out of time; not applicable where prior appeal was filed late
Authorities – Fortunatus Masha; Lyamuya Construction; Omary Ibrahim
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30 January 2024 |
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A suit refiled after withdrawal without leave is incompetent; trial and appellate proceedings were nullified.
Primary Courts – Withdrawal of proceedings – Rule 16(3) Primary Courts Civil Procedure Rules – Effect of withdrawal without leave – Prohibition on refiling identical claim without leave; incompetency and nullification of subsequent suit.
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30 January 2024 |
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Appellant failed to prove ownership; tribunal's findings on evidence, assessors, recusal and locus in quo were upheld.
Land law – ownership dispute – burden of proof and requirement to prove possession and boundaries; civil procedure – right to call witnesses and effect of closing one’s case; assessors’ participation under section 23; recusal requests and adequacy of reasons; locus in quo inspections and procedural timing; separate remedies for injunction decisions.
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30 January 2024 |
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30 January 2024 |
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Failure to record witness evidence in narrative form and to sign it invalidates proceedings and mandates retrial.
Land disputes — Recording of evidence — Order XVIII, Rule 5 CPC — Narrative form and presiding officer's signature required — Absence undermines authenticity — Incurable irregularity — Revisionary powers s.43(1)(b) Cap.216 — Retrial ordered.
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30 January 2024 |
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Applicants' claims for overtime and project payments dismissed for lack of agreement and admissible evidence.
Labour law – overtime pay – entitlement requires agreement between employer and employee; burden of proof on claimant; inadmissibility of fresh evidence at revision stage; proof of contractual engagement for special projects required.
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30 January 2024 |
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An appellate court cannot grant a temporary injunction to restrain execution of a decree; a stay of execution is the proper remedy.
Civil procedure — temporary injunction v. stay of execution — injunction maintains status quo pending determination, stay of execution is proper remedy after decree. Appellate jurisdiction — appellate court lacks power to grant injunctions restraining execution of lower court decrees. Execution of decree — decree-holder may execute peacefully without prior court order; injunction not substitute for stay of execution
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30 January 2024 |
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Alleged conversion needing determination of lease and unpaid rent is a land matter for land courts.
Tort — conversion/trespass to land; jurisdiction — ordinary courts v land courts; landlord–tenant disputes; Part IX Land Act — determination of leases and outstanding rent.
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30 January 2024 |
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30 January 2024 |
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30 January 2024 |
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29 January 2024 |
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Whether the written contract superseded the oral agreement and whether vouchers and bank pay‑in slips proved payment.
Contract – interpretation – whether written agreement dated 1 August 2020 continued an earlier oral contract or stood alone
Evidence – proof of payment – reliance on petty cash vouchers and bank pay‑in slips; burden of proof under Evidence Act ss.110–111
Evidence – admissibility – re‑tendering previously objected documents; bank officer testimony and custody of bank documents (Evidence Act s.80)
Termination – compliance with contractual notice requirement; liability for breach where vehicle unfit to perform services
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29 January 2024 |
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Ill health alone, supported only by an outdated medical report, does not justify bail pending appeal without current, reliable evidence.
Criminal procedure – Bail pending appeal – Discretionary privilege requiring special, exceptional or unusual circumstances supported by reliable evidence. Medical condition – Necessity of current medical report or affidavit from prison medical officer to prove prison cannot manage illness. Bail pending trial v. bail pending appeal – different principles; prior bail and undertakings alone insufficient
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29 January 2024 |
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29 January 2024 |
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Appellate court quashed tribunal decision: cost award improper, adverse possession misapplied, appellant proved ownership on balance of probabilities.
Land law – proof of ownership – burden of proof and evaluation of evidence on first appeal – re-evaluation of the entire record
Costs – order for payment to non-party relief without specific prayer or taxation – Advocates Remuneration Order and role of taxing officer. Adverse possession – cannot be invoked where not pleaded and where possession was with permission or arises from family distribution
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29 January 2024 |
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Appellant failed to prove spouse consent was coerced; tribunal's ex parte proceedings and evidence assessment were upheld.
Land law – mortgage of matrimonial home – spouse consent; Procedural compliance – Regulation 12 GN No.174/2003; Right to be heard – ex parte proceedings and default; Evidence – burden of proof on person alleging coercion (Evidence Act ss.110–111).
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29 January 2024 |
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Plaintiff entitled to outstanding rent (recomputed); both parties breached lease; defendant awarded TZS 10,000,000 general damages.
Lease/tenancy — unpaid rent and tenant's liability; evidence — invoices, receipts, exchange-rate calculation and need for reconciliation; landlord's right of re-entry vs. contractual notice requirement; unlawful lock-out as breach; proof of specific damages and necessity of documentary/expert evidence; award of general damages and netting off of claims.
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29 January 2024 |
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29 January 2024 |
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29 January 2024 |
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The applicant proved purchase, payment and possession, entitling transfer and injunction; the respondent's trespass established.
Contract formation – defective written agreement but parties' conduct and communications can establish valid sale; proof of payment and possession can substitute formal defects; deposit to advocate's firm for conveyance as evidence of transfer intent; trespass to fenced and cultivated land – remedy by injunction, damages and transfer order.
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29 January 2024 |
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Recusal denied: allegations of administrator misconduct do not establish judicial bias and probate remedies require proper statutory procedure.
Recusal — standard for judicial bias and appearance of bias; Probate jurisdiction — limited to estate administration, maintenance of children outside probate; Administrator accountability — Sections 100, 138–139 Probate and Administration of Estates Act; Inventory and accounts — Section 107 requirement to determine estate assets before accounts/distribution; Forum shopping — abuse of process; Suo motu intervention — court cannot bypass statutory procedure to punish administrators.
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28 January 2024 |
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27 January 2024 |
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Mediator exceeded mediation mandate by arbitrating and issuing an award, rendering CMA proceedings and award a nullity.
Labour law – Mediation v Arbitration – mediator has no mandate to arbitrate or determine points of law; Procedural irregularity – mediator assumed arbitrator powers and issued award during mediation; Statutory framework – sections 86–87 ELRA and mediation guidelines; Remedy – CMA proceedings and award declared nullity, quashed and set aside; fresh filing permitted.
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26 January 2024 |
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Fixed-term contract expired automatically; no reasonable expectation of renewal, but severance pay is payable after 12 months’ service.
Employment law – Fixed-term contract – automatic termination on expiry absent objective basis for expectation of renewal. Employment law – Reasonable expectation of renewal – employee must show employer’s conduct or undertakings. Labour procedure – Non-renewal of fixed-term contract is not necessarily procedurally unfair. Social security – CMA lacks jurisdiction over NSSF contributions (s.81(1) NSSF Act). Severance pay – Fixed-term employees who completed 12 months’ continuous service are entitled to severance under s.42 Cap 366 R.E.2019
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26 January 2024 |
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Court nullified probate proceedings for failing to record attendees and prove the named executor’s incapacity.
Probate law – Will and appointment of executor – revisional jurisdiction of District Court under s.22(1) Magistrates Courts Act – requirement of evidence to displace named executor – necessity to record reading of Will and attendees’ statements – procedural irregularity vitiating probate proceedings.
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26 January 2024 |
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Constitutional Law - Basic Rights - Right to Appeal - Whether right to appeal is a constitutional right Criminal Procedure - Appeal - Time to Appeal - Whether time to appeal starts running after the deliverance of the judgment or after obtaining copies of Judgment
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26 January 2024 |