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556 judgments found.
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February 2024
A defective verification clause in a labour revision affidavit can render the application incompetent and lead to striking out with costs.
Civil procedure — Competence of application — defective affidavit renders application incompetent
Evidence — Affidavit verification
— Verification clause: personal knowledge v information
— disclosure of source (Salima Vuai Foum)
Labour law — Revision proceedings — Procedural requirement to file Form No.10 at CMA — Regulation 34(1), GN No.47 of 2017
29 February 2024
Extension of time granted where court-caused delay in supplying judgment copies constituted good cause to appeal.
Civil procedure — extension of time to file an appeal
29 February 2024
Primary Court lacked jurisdiction because the dispute was a common‑law tort (conversion) and no contract was proved.
Appellate practice — Appellate jurisdiction — Jurisdictional objections may be raised at any stage, including on appeal
Contract law
— Formation and proof
— burden of proof rests on party alleging contract and requires credible evidence
Tort — Conversion — Common‑law conversion
29 February 2024
Appellant’s rape conviction of a nine‑year‑old upheld; sentence substituted with mandatory life imprisonment.
Criminal law — statutory rape of a child under ten
— compliance with s127
— cure of defective charge omitting mandatory sentencing provision under s388(1) CPA
— minor inconsistencies and hearsay
— proof of penetration and age
— substitution of sentence to mandatory life under s131
29 February 2024
Division of matrimonial assets requires proof of contributions, recognises domestic work, and must consider the children’s needs.
Family law — Matrimonial property — division — Contributions in money, property or work (including domestic work) — Children’s needs a material consideration in asset division
29 February 2024
The court granted the applicant an extension to file certification, finding medical incapacity a sufficient cause under Lyamuya.
Appellate practice — Certification of point of law — High Court’s discretionary power to extend time
Civil procedure — extension of time — application for certificate on point of law — Application of Lyamuya guidelines and medical incapacity as sufficient cause
29 February 2024
Court granted discretionary extension to exhibit estate inventory and accounts where application was uncontested and procedurally compliant.
Probate law — Probate Rules — procedural requirements for extension applications (chamber summons and affidavit)
29 February 2024
29 February 2024
29 February 2024
Interpleader: registered owner confirmed; adjusted decree awards rent arrears to the fifth defendant; costs to be taxed.
Civil procedure
— Costs — plaintiff and successful claimant entitled to taxed costs
— Interpleader suit — competing claims to rent arrears
— Proof — insufficiency of third and fourth defendants’ evidence to establish entitlement
— reliefs — adjusted decree in separate Land Case conferring entitlement to rents
— Title evidence — ownership of Plot No 747/39 established by certificate of title
29 February 2024
29 February 2024
Appellant failed to prove ownership; appellate court upheld DLHT decision and dismissed the appeal.
Land law — proof of title
— administratrix/probate appointment does not confer ownership or resolve title disputes
— assessment of witnesses and possession as evidence of title
— burden on claimant and requirement of strict proof in land disputes
— first appellate re-evaluation of DLHT findings
29 February 2024
29 February 2024
29 February 2024
29 February 2024
A social welfare officer who uttered defamatory words outside official duty is personally liable and ordered to pay damages.
Defamation — elements: defamatory words, reference to claimant, publication — qualified privilege for public officers in child-welfare inquiries — liability where defamatory words uttered outside official duty — assessment of damages where publication is limited
29 February 2024
Letters of administration revoked for failure to obtain beneficiaries' written consent; Administrator General appointed to protect the estate.
Probate law — Probate — Revocation of letters of administration
29 February 2024
Insurance disputes under TZS40,000,000 must first be referred to the Insurance Ombudsman; courts lack jurisdiction.
Civil procedure — Procedure
— Extrajudicial forum exhaustion required
— prohibition of legal representation consistent with Ombudsman’s purpose
Civil procedure — Remedies
— Ombudsman competence to determine bodily injury and death/funeral claims
— role of guidelines
Civil procedure — Statutory interpretation
Insurance law — Insurance Ombudsman — Jurisdiction — Pecuniary threshold of TZS 40,000,000 — mandatory referral before court
29 February 2024
Appeal dismissed; tribunal correctly found respondent lawful owner and appellant a trespasser, with costs.
Civil procedure — Appeals — Appellant cannot argue grounds not set out in memorandum of appeal without leave
Civil procedure — Remedies
— Appeal dismissed
— costs awarded
Land law — ownership
— burden on claimant to prove ownership on balance of probabilities
— Evaluation of evidence and credibility determines competing land claims
29 February 2024
A defective DPP certificate omitting the charging provision vitiated jurisdiction, nullifying conviction and prompting a retrial order.
Criminal law — Economic offences — jurisdiction
— omission renders certificate incurably defective and trial a nullity
— retrial ordered
29 February 2024
29 February 2024
29 February 2024
Victim's age and credible testimony, supported by cautioned statement, upheld rape conviction despite limited medical findings.
Criminal law — Rape — proof of penetration and victim under eighteen
Criminal procedure — Cautioned statement — Admissibility and weight of confession corroborating other evidence
Evidence — Corroboration by medical PF3 — Medical evidence (PF3) and victim's credible testimony can sustain conviction
29 February 2024
29 February 2024
29 February 2024
Failure to hear the accused before destruction of perishable exhibits vitiates the inventory and defeats proof of unlawful possession.
Wildlife offences — unlawful possession of Government trophy — perishable exhibits may be destroyed only after suspect is present and given opportunity to be heard
29 February 2024
Court restrained respondent from selling mortgaged property pending determination to prevent irreparable loss.
Civil procedure
— interim relief — maintenance of status quo — Application of Order XXXVII(1)(a) CPC when government involved — Declaratory order in lieu of injunction
— Interlocutory injunction principles (atilio) — Serious question, irreparable harm and balance of convenience
29 February 2024
29 February 2024
29 February 2024
29 February 2024
29 February 2024
29 February 2024
Prisoner’s incarceration and lay status constituted good cause to extend time to file notice and appeal.
Criminal procedure
— extension of time to file notice and petition of appeal
— Omnibus applications — permissible where prayers are related and arise under same provision
— Prisoner litigant — incarceration and lack of legal knowledge as good cause for delay
29 February 2024
Appeal contesting sufficiency of rape evidence and admissibility of cautioned statement dismissed.
Criminal law — Rape — proof of age and penetration — Birth affidavit and PF3, victim and medical evidence
Criminal procedure — admissibility of cautioned statements — duty to conduct enquiry into voluntariness — Inquiry and finding of voluntariness support admission
Evidence — cross‑examination
— Failure of defence to cross‑examine the other side on crucial matters
— minor contradictions immaterial
29 February 2024
Applicant failed to show sufficient cause for extension of time due to inconsistent and incomplete medical evidence.
Civil procedure — extension of time — sufficient cause
29 February 2024
Sale agreement found defective: consideration not properly paid, free consent lacking, and respondent had no legal standing.
Contract law — Locus to sue — party, guardian or legal interest in property
Contract law — Procedural error — enforcement of rights by non-party
Contract law — validity of sale agreement
— adequacy and proper receipt of consideration
— Free consent in contract formation
29 February 2024
Procedural omissions did not prejudice the appellant and respondent's evidential proof of ownership prevailed.
Civil procedure — witness statements — Requirement to sign witness evidence — Order XVIII r.5 Civil Procedure Code — Absence of signature does not vitiate proceedings absent proven prejudice
Land disputes — assessors’ opinions — Mandatory requirement to give and consider assessors' written opinions before judgment
Land law — Land registration — Certificates of Title as prima facie (and conclusive) proof of ownership under land titles system
29 February 2024
A registered title is prima facie evidence of ownership but can be rebutted by proof of fraud and continuous possession.
Civil procedure — Procedural irregularity — Omission to sign proceedings — Must show miscarriage of justice to vitiate
Land law — Registered title — May be rebutted by proof of prior interest and possession or notice
Trial procedure — Assessors — Judgment may be pronounced same day if opinion is considered and read in open court
29 February 2024
29 February 2024
29 February 2024
An appeal filed after the 45‑day limit under s41(2) is time‑barred absent a granted extension for good cause.
Land law — Appeals — Time limit for appeals from District Land and Housing Tribunal — Extension of time to file appeal — s 41(2) Land Disputes Courts Act
29 February 2024
29 February 2024
29 February 2024
High Court dismissed appeal as time‑barred; earlier direction did not amount to an extension of time to appeal.
Appellate practice
— Appeal — Time bar and extension of time
— whether High Court direction constituted extension of time — Land Disputes Courts Act s 41
28 February 2024
Appellant failed to prove ownership; trial tribunal rightly preferred respondent’s long, corroborated possession and appeal dismissed.
Land law — ownership dispute — burden of proof on balance of probabilities — credibility and consistency of witnesses — long possession as basis for protecting occupation
28 February 2024
Court revoked executorship after respondent admitted inability to act due to old age and application was unopposed.
Probate law — appointment and revocation of administrators — Whether executorship may be revoked where administrator admits inability to discharge duties due to old age — Unopposed application supported by affidavit
28 February 2024
28 February 2024
Appellant's appeal dismissed; conviction and life sentence for unnatural offence upheld despite expunged caution statement.
Criminal law — Unnatural offence — Proof of penetration and identity
— conviction can rest on child victim's credible testimony
— Victim's testimony corroborated by medical evidence
Evidence
— admission of caution statement — Improperly admitted exhibits may be expunged but conviction may stand on remaining evidence
— Proof of age — Birth certificate not essential where victim and parent testify
— Voire dire — Child's promise to tell the truth may suffice
28 February 2024
Objections on registry naming, misjoinder, cause of action and absence of board resolution dismissed; suit held competent.
Civil procedure
— Competence of suit
— Joinder of parties — non-joinder/misjoinder of statutory manager
— Pleadings — sufficiency of plaint to disclose cause of action
Company law — requirement of board resolution to institute suit — applicability where suit is against third party (Simba Papers precedent)
28 February 2024
Convictions quashed where mandatory judgment requirements, uncorroborated statements and defective seizure procedures rendered the case unsafe.
Criminal law — sufficiency of evidence — Reliance on uncorroborated cautioned statements
Criminal procedure — Evidence and procedure — Seizure of property
— compliance with section 38(3) CPA and independence of seizure witnesses
— Conviction unsafe where procedural and evidential irregularities cumulatively vitiate the prosecution case
Criminal procedure — Mandatory contents of judgment — compliance with section 312(2) CPA
28 February 2024