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Citation
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Judgment date
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| February 2024 |
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Applicant's complaints were factual, not points of law; certification refused and application dismissed with costs.
Appellate Jurisdiction Act s.5(2)(c) – certification of point of law; Rule 46(1) TCA Rules – leave to appeal; factual issues (sale agreement, subject matter, breach, evidence) are not points of law; third appellate court hears law only.
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16 February 2024 |
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Oral consent inferred from conduct negates trespass; no proven joint venture or entitlement to mesne profits.
Land law – Trespass vs consent – oral/implied agreements and conduct of parties as evidence of consent; Contract law – proof of joint venture and burden of proof; Evidence – requirement for corroboration and documentary proof for substantial financial transactions; Remedies – demolition, vacation and injunction where occupation was permissive but no joint venture proven.
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16 February 2024 |
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Statutory rape conviction quashed because prosecution failed to prove the victim’s age and a baptism certificate was wrongly admitted.
Criminal law – Statutory rape – age is an essential ingredient and must be positively proved.* Evidence – secondary documents – baptism certificate improperly admitted without proof of original (Evidence Act s.67).* Evidence – conviction must rest on strength of prosecution case, not absence of defence.* Corroboration – medical evidence and cautioned statement relevant to penetration but insufficient alone to establish age.
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16 February 2024 |
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High Court lacks pecuniary jurisdiction for claims below TZS 200,000,000; suit dismissed with costs.
Civil procedure – Pecuniary jurisdiction – High Court vs District Court – Section 13 Civil Procedure Code; section 40(2)(b) Magistrates’ Courts Act – Preliminary objection on jurisdiction – Costs follow the event.
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16 February 2024 |
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Trial court’s failure to exercise s.226(2) discretion properly requires quashing in‑absentia conviction and ordering retrial.
Criminal procedure – Trial in absentia – Section 226(1) & (2) CPA – duty to hear accused upon apprehension and consider whether absence was beyond accused’s control and whether there is a probable defence. Sickness (HIV/TB) as sufficient reason for absence – production of treatment cards can raise reasonable doubt. Discretion under s.226(2) must be exercised judiciously; failure warrants setting aside conviction in absentia. Retrial ordered and credit for time in custody.
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16 February 2024 |
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The appellant's sickness justified his absence; the in‑absentia conviction was set aside and a retrial ordered.
Criminal procedure – Trial in absentia – Section 226(1) & (2) CPA – accused apprehended after in‑absentia conviction – duty to hear accused on causes beyond control and probable defence – sickness (HIV/TB treatment cards) as sufficient cause – discretion must be exercised judiciously – retrial ordered.
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16 February 2024 |
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Extension application struck out as overtaken by the amendment abolishing leave-to-appeal requirement.
Land law – procedural application for extension of time to seek leave to appeal – effect of Legal Sector Laws (Miscellaneous Amendment) Act, 2023 removing leave requirement – whether application overtaken by events. Civil procedure – preliminary objection on defective affidavit (verification and truthfulness) – court may decline to determine P.O. when matter overtaken by subsequent law. Remedy – striking out application overtaken by statutory amendment; no order as to costs.
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16 February 2024 |
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Appeal dismissed; unread exhibit and objected cautioned statements expunged, but remaining evidence proved armed robbery.
Criminal law – Armed robbery – ingredients: stealing, use of dangerous weapon, use of violence – sufficiency of oral identification evidence. Evidence – Documentary exhibits – requirement to clear, admit and read exhibits aloud; failure to read justifies expungement. Evidence – Cautioned/confessional statements – mandatory voluntariness inquiry when objection is raised; failure to inquire renders statements inadmissible. Appeal – Re-evaluation of evidence on first appeal; conviction may stand despite expunged documents if other evidence proves offence beyond reasonable doubt.
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16 February 2024 |
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Typographical date error immaterial; unread and involuntary statements expunged, but eyewitness evidence upheld conviction.
Criminal law – armed robbery – ingredients: stealing, use of a dangerous weapon and violence – proof by eyewitness identification. Evidence – documentary exhibits must be cleared, admitted and read aloud; failure to read warrants expunging. Evidence – cautioned/confessional statements: if objected to, trial court must conduct an inquiry into voluntariness before admission; failure to do so requires expunging. Appellate review – re-evaluation of evidence may sustain conviction despite expunged exhibits.
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16 February 2024 |
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Court reviewed and nullified a subsequent grant of letters of administration where an earlier valid administratrix existed.
Civil procedure — Review — Order XLII Rule 1 CPR — review limited to error apparent on face of record or discovery of new matter. Probate and Administration — conflicting letters of administration — subsequent appointment after valid appointment is erroneous. Probate procedure — appropriate remedy to challenge an administrator is revocation under section 49, not filing a fresh probate petition. Functus officio and finality of judgments — limits on reopening concluded matters.
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16 February 2024 |
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16 February 2024 |
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16 February 2024 |
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Applicant failed to show sufficient cause for extension of time; delay was inordinate and application dismissed with costs.
Civil procedure — Extension of time under section 14(1) Law of Limitation Act — applicant must show reasonable/sufficient cause; apply Lyamuya factors (account for all days, non-inordinate delay, diligence, other sufficient reasons). Evidence — need for documentary proof of efforts to obtain judgment/decree (letters, notices) when delay is attributed to non-supply. Procedural fairness — administrative obstacles alone do not excuse unexplained, prolonged inaction.
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16 February 2024 |
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Applicant failed to show sufficient cause for extension of time; application dismissed with costs.
Extension of time – Law of Limitation Act s.14(1) – requirement to show reasonable/sufficient cause – applicant must account for each day of delay – Lyamuya factors apply – administrative delay in supply of judgment insufficient absent evidence.
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16 February 2024 |
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Court corrected taxation: Ninth Schedule applies to appeals from liquidated sums; unsupported disbursements taxed off.
Taxation — Advocates Remuneration Order GN No. 264/2015 — Ninth Schedule (fees for appeals from liquidated sums) vs Eleventh Schedule (fixed award for unopposed matters); evidentiary proof for disbursements; time-barred/afterthought claims in taxation references.
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16 February 2024 |
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A chamber summons unsupported by the affidavit named therein is fatally defective and renders the application incompetent.
Civil procedure – Chamber summons must be supported by the affidavit specified therein (Order XLIII r.2 CPC) – Mismatch between summons and annexed affidavit is fatal and renders the application incompetent; Incompetent application lacking the proper affidavit cannot be amended or cured by filing a fresh affidavit; Overriding objective cannot be used to remedy fundamental procedural defects.
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16 February 2024 |
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Applicant’s delay awaiting internal approval and counsel’s negligence did not constitute sufficient cause for extension of time.
Civil procedure – Extension of time – Applicant must show sufficient cause; delay due to awaiting internal board approval and counsel’s negligence held insufficient – Judicial discretion to grant extension exercised judiciously despite respondent’s non-participation.
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16 February 2024 |
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Interim injunction granted to restrain bank from realising mortgaged properties pending trial due to triable issues and risk of irreparable harm.
Mortgage law – interim injunction – prima facie triable issues on loan terms and restructuring; irreparable harm; balance of convenience; statutory notice under Land Act s.132(1).
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16 February 2024 |
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Hire costs were too remote from the repair delay; court ordered repair or refund with interest.
Contract — repair contract — damages and remoteness — causal link between delay and replacement hire costs; Primary Court procedure — framing of issues — not fatal where issues reflected in judgment; appellate review — intervention where misinterpretation of evidence or legal error causes miscarriage of justice.
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15 February 2024 |
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Applicants who agreed to retrenchment and accepted payments are not entitled to remaining fixed-term contract salaries.
Labour law – retrenchment – operational requirements under rule 23 GN No.42/2007 and s.38 ELRA – validity of reasons for retrenchment; Labour law – retrenchment procedures – notice, consultation and selection; Fixed-term contracts – premature termination and entitlement to unexpired contract remuneration; Estoppel/consent – agreement to retrenchment and receipt of payments precluding later claim for remaining salaries.
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15 February 2024 |
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15 February 2024 |
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Failure to hold a pre-trial conference alone did not vitiate proceedings; specific damages partly reduced, general damages upheld.
• Civil procedure — Pre-trial (scheduling) conference — Non-compliance does not vitiate proceedings absent prejudice; legislative amendment making pre-trial conference discretionary.
• Evidence — Burden and standard in civil cases — onus may shift; proof on balance of probabilities.
• Evidence — Admissibility and weight of computer-generated receipts and post-dated receipts; receipts admitted without objection carry probative value.
• Damages — Special damages must be specifically pleaded and strictly proved; post-dated or unproven receipts cannot support claims.
• Damages — General damages are discretionary; appellate court will not interfere absent misdirection or excessiveness.
• Negligence — Contributory negligence must be proved; absence of sufficient evidence means no reduction of liability.
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15 February 2024 |
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15 February 2024 |
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Trial was a nullity for defective EOCCA consent; court quashed conviction and ordered a retrial subject to conditions.
Criminal procedure – Jurisdiction to try economic offences – Validity of consent under section 26 EOCCA; defective consent issued under wrong subsection by subordinate officer renders proceedings nullity; retrial discretion – application of Fatehali Manji; sufficiency of prima facie evidence for ordering retrial.
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15 February 2024 |
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Court allowed lifting of the corporate veil to enable execution of a decree against company directors.
Company law – Lifting the corporate veil – enforcement of decree against company directors; corporate veil is not absolute; decree-holder entitled to pierce veil where directors seek to evade liability – Civil Procedure Code s.95 & Order XXI r.40; Companies Act s.481.
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15 February 2024 |
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An execution order returning decretal property is non-appealable; complaints about the property's condition require a separate suit.
Civil procedure – Execution orders – Execution order returning decretal property is generally non-appealable under section 74 of the Civil Procedure Code. Civil procedure – Appealability – Section 75 does not permit direct appeal to challenge depreciation or condition of executed property; remedy is a separate suit. Remedies – Where decree has been executed but dispute exists over condition/substitution of the decretal property, the aggrieved party should institute a fresh action or seek appropriate relief in a proper forum.
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15 February 2024 |
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Applicant fairly dismissed for conflict of interest; only repatriation and subsistence awarded, other claims dismissed.
Labour law – misconduct (gross dishonesty/conflict of interest) – application of employer Code of Conduct; procedural fairness – service by email/courier and proceeding in absence under Rule 13(6); reliefs – entitlement to repatriation and subsistence but not severance where contract/exclusion and misconduct apply.
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15 February 2024 |
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Probate granted where statutory notice published and no caveat; applicant appointed executor with inventory deadlines.
Probate law – Grant of probate – compliance with statutory requirements and rules – publication of citation and lapse of caveat period. Appointment of executor – executor’s oath, duties and timelines – inventory and final account within six months; administration within one year. Effect of survivor’s (widow’s) absence/consent on probate grant – absence of caveat decisive.
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15 February 2024 |
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15 February 2024 |
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Whether a typographical failure to record conviction is fatal and whether prosecution proved unlawful possession of firearms and trophy.
Criminal procedure — requirement to record conviction before sentence — typographical errors curable under section 388 Criminal Procedure Act; Evidence — weight of cautioned statements, seizure reports and valuation certificates admitted without objection; Possession offences — unlawful possession of firearms, ammunition and government trophy; Appeal — first appellate court's power to re-evaluate evidence and bar on raising trial issues for first time on appeal.
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15 February 2024 |
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15 February 2024 |
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Extension of time granted to file appeal due to electronic filing system malfunction and demonstrated good cause.
Criminal Procedure Act s.361(2) – extension of time to file appeal; "good cause" requirement; electronic filing system malfunction as cause of delay; accounting for delay days – group explanation acceptable; notice of intention to appeal and promptness.
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15 February 2024 |
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High Court quashed probate proceedings for procedural irregularities and remitted the estate for rehearing.
Probate/Administration law – Primary court duty to correctly complete and scrutinise Form Mirathi‑1 and accompanying probate forms – validity and recordal of wills. Revisionary jurisdiction – limits to examining correctness, legality, propriety and regularity; no re‑appreciation of evidence. Functus officio – closed administration generally not reopened, except where glaring illegality affects jurisdiction or regularity. Procedural irregularities (incomplete forms, absence of will in record, inconsistent inventory/accounts) justify quashing and remittal.
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15 February 2024 |
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15 February 2024 |
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Appellant failed to rebut sworn evidence and justify non‑distribution; letters of administration were validly revoked and appeal dismissed.
Probate law – revocation of letters of administration – grounds include failure to file inventory, failure to distribute estate and misconduct by administrator. Evidence – burden to disprove sworn testimony – mere allegations insufficient (section 110, Evidence Act). Civil procedure – clerical/typographical errors in judgments are correctable under section 96 of the Civil Procedure Code. Characterisation of property – post‑hoc claim of clan property rejected where petition identified specific assets.
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15 February 2024 |
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Trial without valid DPP consent and defective inventory rendered proceedings null; conviction set aside and no retrial ordered.
Criminal law – Economic offences – Consent required under section 26(1) EOCCA – Consent issued under wrong provision invalid; proceedings nullity. Evidence – Perishable exhibits – Inventory in lieu of exhibit must comply with PGO para.25; accused must be produced and heard before magistrate. Search and seizure – Independent witness not always required; WLCA s.106(1)(b) proviso applies to dwelling houses. Retrial – Discretionary; not ordered where prosecution evidence insufficient and ordering retrial would risk injustice (Fatehali Manji principles).
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15 February 2024 |
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15 February 2024 |
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15 February 2024 |
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Counterclaim dismissed where company failed to tender the subcontract and preliminary objection raised too late.
Civil procedure – preliminary objection: objections on competency must be raised at the earliest stage; only jurisdictional points may be raised any time; evidence – burden lies on party asserting contractual rights to produce the contract; annexures to a withdrawn plaint are not admissible evidence; counterclaim dismissed for failure to prove case.
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15 February 2024 |
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15 February 2024 |
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15 February 2024 |
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High Court upholds appellate reduction of the applicant's share in a pre‑marital house after re-evaluating contributions.
Matrimonial property – division of assets – role of first appellate court in re-evaluating evidence. Law of Marriage Act s.114(2) – assessment of extent of contribution (money, property, work, advice). Pre-marital acquisition and prior contributions as factors reducing spouse's share. Obligation of courts to give intelligible reasons for decisions.
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15 February 2024 |
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14 February 2024 |
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Payment to one named insured under a policy listing two names by '/' discharged insurer; claim dismissed.
Insurance law — payment to one of two named insureds; interpretation of cover note where two names are separated by "/" — alternative insureds not joint; double compensation — insurer discharged by payment to one insured; burden of proof in first appeal and appellate re‑evaluation of evidence.
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14 February 2024 |
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14 February 2024 |
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District Court appeal filed in the name of a non-party is a nullity; High Court quashed proceedings and struck out the appeal.
Civil procedure – appeal parties – appeal in first appellate court filed in the name of a person who was not a party in trial court renders those proceedings a nullity; revisional jurisdiction under s.44(1)(b) Magistrates' Courts Act; costs – concession by counsel does not preclude adverse costs order.
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14 February 2024 |
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Joint will invalidated due to defective attestation and lack of required medical certification, despite no proof of unsound mind.
Probate law – joint will – validity and formal requirements – attestation by two competent witnesses and presence requirement. Testamentary capacity – burden of proof lies on party alleging insanity; standard: balance of probabilities. Will conditions – effectiveness conditional on doctor’s certification and death of both testators; failure to produce required certification fatal. Property disputes – prior acquisition or omission of assets does not, per se, invalidate a will.
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14 February 2024 |
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14 February 2024 |
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DLHT lacked jurisdiction over purely contractual remedies arising from a land sale; decision quashed and proceedings set aside.
Land law; jurisdiction of DLHT – whether contractual claims arising from land sale amount to a land matter; suo motu determination of unpleaded issues; vacant possession obligations versus caveat emptor; appropriate forum for refund, damages and interest claims.
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14 February 2024 |
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14 February 2024 |