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556 judgments found.
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February 2024
28 February 2024
Adoption granted as in child's best interests after statutory requirements, social inquiry and Commissioner’s consent were satisfied.
Civil procedure — Procedural requirements — social inquiry, guardian ad litem report, and Commissioner for Social Welfare’s consent
Family law — Adoption law
— best interests of the child as primary consideration
— statutory compliance with sections 54, 56, 59 and 70 of the Law of the Child Act, No. 21 of 2009 (R.E. 2019)
Family law — Post-adoption procedure
28 February 2024
Applicant appointed administratrix after satisfying publication requirements and absence of caveat; ordered to file inventory and final account.
Probate law — Administration of estates — revocation and appointment of administrators — Citation and publication requirements — Inventory and final account obligations
28 February 2024
Affirmation in an affidavit is equivalent to swearing; striking out an application for affirming was erroneous.
Civil procedure — Affidavit practice — affirming versus swearing
— appellate intervention where trial tribunal struck out application on formality
— competency of affidavits
— equivalence of affirmation and oath
28 February 2024
28 February 2024
28 February 2024
Whether the High Court appeal was time‑barred and whether a prior order granted extension of time.
Civil procedure
— Limitation — Appeal filed out of time without leave — Law of Limitation Act s 3(1)
— Appeal procedure — Leave to appeal — Land Disputes Courts Act s 38(1) and s 41(1)
28 February 2024
An unequivocal guilty plea supported by admissions and medical evidence sustains conviction and life sentence; appeal dismissed.
Criminal procedure — Admission of evidence — PF3, cautioned and extrajudicial statements
Criminal procedure — charge defects
— appeals barred after guilty plea
— miscarriage of justice test
Criminal procedure — Penal Code s.154(1)(a) — offence and sentence (minimum 30 years to life)
Criminal procedure — plea of guilty — Unequivocal plea
28 February 2024
Appellate tribunal erred by disregarding assessors' opinions and deciding adverse possession suo motu without hearing the parties.
Land law
— appellate procedure — assessors’ opinions
— Procedural irregularity causing miscarriage of justice — order to quash and remit for rehearing
— Regulation 19(2) — Adverse possession — New issue raised suo motu in judgment
28 February 2024
High Court can grant bail post-committal; accessory-after-the-fact to murder is bailable subject to strict conditions.
Criminal procedure — Bail — High Court jurisdiction to entertain bail after committal and arraignment — Accessory after the fact to murder is bailable — Bail conditions: bond, sureties, immovable property security, surrender of travel documents, restricted travel, mandatory attendance
28 February 2024
Whether the applicant established sufficient cause to restore an application struck out for want of prosecution.
Civil procedure — Representation — Duty of party and advocate to follow up and ensure representation
Civil procedure — Restoration of dismissed application — Sufficient cause
— CPC Order IX r 3
— Law of Limitation Act s 19(2)
28 February 2024
28 February 2024
Court granted extension to file notice and petition of appeal due to late supply of judgment copies and applicant's diligence.
Criminal procedure — Extension of time
Criminal procedure — sufficiency of cause
— delays due to late supply of certified judgment and prisoner status
— diligence shown by prior attempts to appeal
— discretionary relief granted with time limits
28 February 2024
Accused convicted of murder after locking victim inside and setting house alight; malice inferred from conduct.
Criminal law
— Admissibility of statements — extra‑judicial and caution statements admissible where voluntariness established and objections raised late
— Identity of deceased — family and witness identification sufficient despite no DNA
— malice aforethought — inferred from locking victim and setting fire
— Murder — death by burning — causation proved by post‑mortem and witness evidence
— witness credibility — omissions in police statements do not necessarily discredit in‑court testimony
28 February 2024
Accused convicted of grievous harm; sentenced to six years and ordered to pay TZS 3,000,000 compensation after plea and remand deductions.
Criminal law — Acts intended to cause grievous harm
— aggravating factors (lethal weapon, deep wounds, amputation, permanent incapacitation, trivial motive)
— compensation
— deduction of remand time
— life imprisonment is maximum not mandatory
— mitigating factors (first offender, remorse, early plea, surrender, remand time)
— sentencing discretion
28 February 2024
Administrator who sued in his personal capacity over deceased’s land elected wrong forum; appeal dismissed and costs awarded.
Land law — probate and administration — disputes over distribution of deceased's estate fall within probate court
Civil procedure — Locus standi — capacity to sue as legal representative of deceased
Jurisdiction — Defective jurisdiction — A litigant who elects a wrong forum cannot later benefit from that choice
28 February 2024
Conviction quashed where taking was contested, bona fide claim of right was established, and subject-matter exhibits were not tendered.
Criminal law — bona fide claim of right (section 9 Penal Code)
— evidential effect of permits and letters of administration
— role of village authorities and accompanying persons in assessing criminal liability
Criminal law — Stealing — Elements of theft: asportation and absence of claim of right
28 February 2024
Child's credible testimony, supported by guardian and medical PF3, upheld rape conviction; "diverse dates" and amended s.127 sufficed.
Criminal law — Amendment of s.127 Evidence Act
— Corroboration by guardian and medical PF3
— Identification not required where victim familiar with accused
— Promise to tell truth replaces voire dire
Criminal law — Sexual offences involving children — Evidence
28 February 2024
Extension of time granted to file appeal where alleged illegality and omission to explain right of appeal justified delay.
Criminal procedure — Extension of time to appeal
28 February 2024
Application struck out because the supporting affidavit lacked a proper, verifiable deponent’s signature.
Civil procedure — Preliminary objections — Signature discrepancies may render affidavit incurably defective, leading to striking out of incompetent application. Locus standi alleged but not determinative where supporting affidavit is defective
28 February 2024
27 February 2024
Applicant failed to show good cause or apparent illegality to justify extension of time to appeal.
Civil procedure
— extension of time — good cause
— Procedural delays and multiplicity of applications — effect on extension applications
27 February 2024
27 February 2024
Appeal dismissed: reconciliation board exceeded powers; courts properly presumed marriage and inferred equal contribution for asset division.
Family law
— divorce and distribution of matrimonial property
— equal division inferred from joint efforts and failure to challenge admissions
— evidentiary effect of failure to cross‑examine
— presumption of marriage from long cohabitation
— reconciliation board (BAKWATA) lacks power to divide assets
— trial court may address illegality of non‑judicial divisions
27 February 2024
27 February 2024
High Court allowed appeal, finding wrong party sued and nullifying lower courts' proceedings for procedural and jurisdictional error.
Administrative law — Government committee order
— jurisdiction of ordinary courts v. cooperative dispute mechanisms
— prerogative writs (certiorari/mandamus)
— Proper defendant
— supervisory powers
27 February 2024
27 February 2024
27 February 2024
Administrator failed to prove inherited title; appeal dismissed for contradictions, hearsay and failure to discharge burden of proof.
Land law
— appellate re-evaluation of evidence
— burden of proof in civil suits
— discretion to visit locus in quo
— hearsay inadmissibility
— locus standi
— ownership by inheritance
— weight of unchallenged evidence and role of cross-examination
27 February 2024
Judgment entered after defendant failed to enter defence is ex parte and may be set aside under Order IX r9.
Civil procedure
— Ex parte judgment — setting aside ex parte judgment and remittal for inter partes hearing — Order IX r 8 and r 9 CPC
— Setting aside ex parte judgment — discretionary test: sufficient cause and bona fide intention to defend — Order IX r 9 CPC
27 February 2024
Failure to read assessors' opinions vitiates the judgment and requires remittal for compliance.
Land disputes — assessor's opinion — Regulation 19 — remedy: quash and remit — no costs where defect raised suo motu
27 February 2024
A clear written withdrawal of a CMA dispute precludes arbitration; High Court confirmed arbitrator’s striking out and dismissed revision.
Labour law — CMA procedure — withdrawal of complaint by letter
Labour law — ex parte awards
— interpretation of withdrawal notices
— preliminary objections
— setting aside
27 February 2024
Child’s credible identification, voluntary extra‑judicial statement and confessions provided sufficient corroboration; conviction upheld.
Criminal law
— corroboration — Medical evidence (PF3) and clinical testimony can corroborate child testimony — Role of confession evidence in corroboration
— sexual offences against a child — competency and admissibility of child’s unsworn evidence under s.127 Evidence Act — Requirement to record child's promise to tell the truth under s.127 Evidence Act (as amended)
Criminal procedure — Extra‑judicial confessions — Voluntariness and admissibility — Justice of the Peace recording
27 February 2024
27 February 2024
27 February 2024
Inconsistent pleadings and incorrect statutory citation render an appeal-out-of-time application incurably defective and struck out.
Civil procedure — Pleadings — Inconsistent prayers and incorrect citation of statutes render application incurably defective — striking out with leave to refile
Criminal procedure — Application for leave to appeal out of time — Proper statutory footing for application
27 February 2024
Tribunal erred by awarding costs after sustaining a jurisdictional preliminary objection and relying on submissions as evidence.
Land law — preliminary objection
— jurisdiction
— Written submissions are not evidence
Land law — Revision — quashing of decision for misdirection and unfair exercise of discretion
27 February 2024
Court grants leave to join insurer as necessary third party and orders third‑party notice issued within ten days.
Civil procedure — Order I — Third‑party notice
— ex parte determination
— Leave to join insurer as necessary party where insurance policy covers third‑party risks and indemnity
27 February 2024
Application to compel production of title failed for lack of the statutory written notice to the respondent.
Land law — affidavit defects — expunge offending paragraphs, leave remainder
Land law — Land registration act s.37(1)-(2) — mandatory written notice to person in possession of certificate of title (≥14 days & reasons)
Land law — private counsel
— inherent powers
— Registrar correspondence does not substitute
27 February 2024
27 February 2024
The applicant's motion was struck out because the supporting affidavit sworn by counsel contained essential hearsay.
Civil procedure — Affidavit by advocate — Advocate swearing affidavit on behalf of client
Civil procedure — Affidavits: Order XIX r.3 requirements for personal knowledge and verification
Civil procedure — defective affidavit — amendment or expunction
— Expungement only where defects are inconsequential
— otherwise striking out
27 February 2024
Court adopts parties' settlement as decree providing for share sale, transfer, cooperation with BRELA/TRA, and mutual releases.
Civil procedure — Deed of Settlement — Incorporation of settlement into court order — Enforcement of settlement terms as executable court order
Company law
— share transfer and registration — statutory formalities and share certificates required — BRELA and TRA
— Transfer of shares — issuance and transfer of share certificates required to effect legal transfer — Companies Act No. 12 of 2002
27 February 2024
Appellant failed to discharge the burden of proof; tribunal properly relied on sale documents and credible witness testimony.
Evidence — Civil burden of proof — standard on balance of probabilities
Evidence — Evidence act
— admissibility and weight of documents
— corroboration of documentary evidence by attendant oral testimony
— hearsay and requirement for direct oral evidence
— primary
27 February 2024
High Court cannot exercise revisional jurisdiction over a subordinate court's striking-out order that did not finally determine the suit.
Civil procedure — Revision — s79 Civil Procedure Code & s44 Magistrates' Courts Act
— High Court lacks jurisdiction to revise such orders
— no revision against interlocutory/preliminary orders unless they finally determine the suit
— striking out for non-payment of filing fees is not a final determination
27 February 2024
Court records and incorporates parties' Deed of Settlement under Order XXIII Rule 3, deeming the claims settled.
Civil procedure — Consent judgment — Recording and incorporation of a Deed of Settlement into Court judgment
26 February 2024
A petition of appeal is not a pleading requiring verification; preliminary objection for lack of verification dismissed.
Civil procedure
— Amendment of defective documents — court’s power — not required where petition properly drafted
— preliminary objection — verification and signing requirements — petition of appeal not a pleading and not subject to those verification requirements
26 February 2024
Plaintiff’s claims of improper incorporation and forgery failed for lack of documentary proof and reliance on hearsay.
Civil procedure
— ex parte proof
— heavier burden for fraud/forgery allegations
Company law — separate legal personality (Salomon) prevents imputing company acts to individuals without evidence
Evidence
— adverse inference where party fails to call material witnesses or produce key documents
— hearsay inadmissibility/limited weight
26 February 2024
Conviction quashed because trial court lacked jurisdiction due to unendorsed DPP consent and certificate.
Criminal law — Economic offences — Requirement of prior DPP consent and certificate for trial by subordinate court — Lack of endorsement renders proceedings a nullity — Retrial considerations
26 February 2024
A recorded settlement from Ward Tribunal mediation is binding and not subject to revision; DLHT revision proceedings were nullified.
Land law — Ward Tribunal mediation post-2021 amendments
— consent settlements recorded by ward tribunals are binding and not revisable
— coram and formal procedural requirements for hearings are not determinative of mediation validity where regulations are absent
— mediation is distinct from judicial hearing
26 February 2024
Applicant failed to prove triable issue, irreparable harm or favourable balance of convenience for an interim injunction against estate administrators.
Probate law — Effect of filed inventory/final accounts and a court distribution order — execution not a live contested probate
Probate law — interim injunction
Probate law — Remedies against administrators
— Interim injunctions are not a substitute for statutory probate remedies
— objection and revocation/removal
26 February 2024