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Citation
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Judgment date
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| December 2005 |
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Failure to frame issues and deliver a reasoned judgment led to quashing and remittal for fresh trial.
Civil procedure — failure to frame issues (Order XIV, r.1 CPC); inadequate/incomprehensible judgment — requirements of Order XX, r.4 CPC; pleadings and annexure of documents — Order VII, r.14 and r.18; remedy — quashing and remittal for fresh trial.
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13 December 2005 |
| November 2005 |
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Claim for loss of earnings dismissed because ownership of disputed village land was not established; exhibits improperly admitted but harmless.
* Land law – disputed village land – requirement to establish ownership before claiming loss of earnings
* Evidence – recall of witness – recalled witness must give evidence on affirmation and be open to cross-examination; opportunity to object to exhibits required
* Admissibility – late-produced exhibits improperly admitted but may be harmless where outcome rests on other uncontested record material
* Civil procedure – appeal dismissed where appellant failed to prove essential element (ownership) of claim
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8 November 2005 |
| October 2005 |
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Appeal allowed: court confirmed family-appointed administrator despite finding respondent to be the deceased's daughter.
* Limitation law – computation of appeal time – exclusion of delivery day under s.19 and exclusion for obtaining certified copy under s.19(3).
* Probate/Administration – appointment of administrator – role of interest in the estate and deceased’s expressed wishes/family appointment.
* Succession – proof of heirship on balance of probabilities; distinction between appointment of administrator and resolution of inheritance claims; effect of written or oral wills on administration.
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25 October 2005 |
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Suits against the government must be filed where the cause of action arose; Arusha registry lacked jurisdiction.
Government proceedings – Jurisdiction – Section 6(4) Government Proceedings Act – Suit against the Government must be instituted in the High Court registry within the area where the cause of action arose – cause of action arose where suspension was communicated (Singida) – proceedings wrongly instituted at Arusha struck out.
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20 October 2005 |
| September 2005 |
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High Court lacks jurisdiction to grant stay once a Notice of Appeal has been lodged; Court of Appeal must be approached.
* Civil procedure – Stay of execution – Proper forum – Rule 9(2)(b) Court of Appeal Rules vests discretion in Court of Appeal to order stay where Notice of Appeal filed.
* Jurisdiction – High Court lacks jurisdiction to grant stay after Notice of Appeal lodged; application under Order XXXIX R.5(4) is incompetent in such circumstances.
* Procedural objection – Forum non conveniens/incompetency can dispose of proceedings without deciding other preliminary issues such as limitation.
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29 September 2005 |
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Long uninterrupted possession under customary law conferred title; subsequent clan allocation was unlawful and time‑barred.
* Land law – customary/clan land – allocation by clan elders – legality and evidentiary support.
* Possession – uninterrupted occupation and acquisition of title by long possession (balance of probabilities).
* Customary Law (Limitation of Proceedings) Rules, G.N. No. 311/1964 – 12‑year limitation applicable to customary claims; time‑bar of later allocations.
* Appellate review – primary court’s misassessment of material witness evidence warranting reversal.
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15 September 2005 |
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Interlocutory injunction refused where borrower admitted indebtedness and bank entitled to enforce debenture by appointing a receiver.
Civil procedure – interlocutory injunctions; requirement of a serious question to be tried, irreparable harm and balance of convenience; enforcement of debenture and mortgage; banking/security law – lender’s right to appoint receiver on borrower’s default.
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15 September 2005 |
junctions - Temporary injunction — Conditions for grant of temporary injunction - Applicant has defaulted payment of a loan and respondent gives notice of intention to appoint a Receiver - Whether failure to grant temporary injunction may cause irreparable loss or injury to the Applicant. Injunctions - Temporary injunction - Ruling principles guiding Courts in granting temporary injunctions - Whether the Court may grant an injunction in breach of express contractual terms in a lending agreement. Civil Practice and Procedure — Temporary injunction — Application for temporary injunction - Application brought under the provisions of Order XXXVII, Rules 1 and 3, and section 95 of Civil Procedure Code 1966 - Whether the application was properly filed. |
15 September 2005 |
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Unexplained assessor substitution rendered the primary court improperly constituted and the proceedings a nullity.
Primary Courts – Assessors – Unexplained substitution of assessor – Intruding assessor who did not hear entire evidence – Court improperly constituted – Proceedings nullity – Section 37(2) Magistrates' Courts Act not applicable to cure constitutional defect.
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10 September 2005 |
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An order disqualifying an advocate is final as to representation and may be appealed.
Appealability — disqualification of advocate — final versus interlocutory orders — section 5(2)(d) Appellate Jurisdiction Act — preliminary objection — leave to appeal to Court of Appeal.
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9 September 2005 |
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Whether adverse possession and a customary-law limitation for matanga justify certification for a further appeal.
Civil procedure — certification for leave to appeal — whether points of law fit for Court of Appeal; Adverse possession — applicability where land used prior to customary distribution (matanga); Customary law — existence of limitation period for matanga redistribution; Limitation — time-barred land claims where inter-vivos division and long possession established.
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8 September 2005 |
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Failure to obtain court permission and give notice for a representative suit renders the action incompetent and liable to be struck out.
Civil procedure — Representative suits — Order I Rule 8: leave and notice mandatory; failure to comply renders suit incompetent. Civil procedure — Joinder of parties — Attorney General may be necessary where government ownership is alleged; non-joinder not automatically fatal (Order I Rules 9 and 10). Power of attorney cannot substitute for statutory leave and notice requirements.
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2 September 2005 |
| August 2005 |
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Leave to appeal granted; certification of points of law on functus officio and refusal to hear merits.
Leave to appeal – certification of points of law where matter originates in Primary Court – functus officio – High Court’s refusal to entertain appeal on merits – ex parte proceeding where respondent refused service.
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18 August 2005 |
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Court granted extension of time under s.25(1) to allow appeal because bitter relations between joint administrators justified consideration on merits.
* Civil procedure – extension of time – Section 25(1) Magistrates' Courts Act – wide judicial discretion to consider factors beyond previously rejected reasons for delay.
* Probate/administration – suitability of joint administrators – acrimonious relationship as relevant factor in granting extension to appeal.
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15 August 2005 |
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A suit repeating the cause of action of an abated case is statutorily barred; related injunctions are therefore not maintainable.
Civil Procedure — Abatement — Order XXII r.9 CPC — Fresh suit barred where earlier suit abated; identical cause of action — injunction application not maintainable if main suit is barred.
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4 August 2005 |
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Applicant's leave to sue in magistrate's court was incompetent after Land Disputes Courts Act ousted ordinary courts' land jurisdiction.
* Land law – Jurisdiction – Effect of Land Disputes Courts Act No. 2 of 2002 – Ordinary courts (Primary, District and Resident Magistrates') divested of jurisdiction over land disputes.
* Civil procedure – Section 63 Magistrates' Courts Act – Leave to institute proceedings in magistrates' courts for land matters rendered unnecessary/incompetent after Land Disputes Courts Act.
* Procedural effect – Applications filed before but heard after enactment – competence determined by law in force at hearing.
* Court competence – High Court cannot grant leave under s.63(1) for land disputes once specialized Land Disputes Courts Act is in force.
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4 August 2005 |
| July 2005 |
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Failure to cite enabling statute and omission of jurat date rendered the extension application incompetent and struck out.
Extension of time to appeal – procedural competence – application must be properly moved by citing enabling statute (s.25(1)(b) Magistrates' Courts Act and Rule 3 GN 312/1964) – affidavit jurat must state date under s.8 Notaries Public and Commissioners for Oaths Ordinance (Cap 12) – omission renders affidavit incurably defective – incompetent application struck out with costs.
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28 July 2005 |
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Application to restore dismissal refused where counsel failed to prove notice or exceptional circumstances.
Civil procedure — restoration of dismissed application under s.95 CPC — adjournments and exceptional circumstances under Order XVII r.2 (G.N. No. 508/1991) — proof of notice to court and opposing counsel — duty to secure substitute advocate or client appearance.
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15 July 2005 |
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Appellant’s right to redeem mortgaged land was extinguished by the 12-year statutory limitation; appeal dismissed with costs.
Land law – mortgage and redemption – distinction between sale and mortgage; limitation law – 12-year limitation for recovery of land secured on mortgage (G.N. No. 311 of 1964) – lapse of right to redeem; customary/tribunal decisions cannot revive statutoryly barred rights.
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8 July 2005 |
| May 2005 |
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Reported
Evidence - Facts in issue -Need to prove all facts in issue by evidence - Section 7 of the Evidence Act 1967.
Evidence - Judicial notice — Facts not requiring proof- Section 58 of the Evidence Act 1967.
Evidence - Foreign Law - Proof of foreign law - Foreign law needs to be proved by evidence by an expert in such law - Section 47(1) of the Evidence Act 1967. |
30 May 2005 |
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Defective verification of an election petition found non-fatal; court allowed amendment to comply with Order VI Rule 15.
* Election law – applicability of Civil Procedure Code to election petitions (Rule 26) – Order VI Rule 15 verification requirements – defective verification not necessarily fatal. * Civil procedure – verification of pleadings (Order VI r.15) – amendment allowed under Order VI r.17. * Election petitions – procedural irregularities – leave to amend vs. striking out.
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22 May 2005 |
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Applicant’s monogamous civil marriage barred respondent’s customary marriage; photocopied will inadequately proved, administrator appointment revoked.
Probate and administration; validity of customary marriage versus subsisting monogamous civil marriage; proof and admissibility of wills under Local Customary Law (G.N. 436/1963) — mandatory witnessing requirements; validity of administrator appointment; judicial review of primary court’s reliance on defective documents.
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20 May 2005 |
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Court granted adoption of an abandoned infant after finding statutory requirements met and adoption in the child’s best interests.
* Adoption – Law of the Child Act, 2009 – s.59(1)–(3) – statutory requirements for adoption; * Best interests and welfare of the child – paramount consideration; * Abandoned child – unknown parents/relatives; * Social Welfare Officer investigation – suitability of adoptive parents; * Change of name and registration of adopted child.
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19 May 2005 |
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Division of matrimonial assets requires a decree of divorce or separation; failure to frame issues warranted quashing and retrial.
Family law – Division of matrimonial property — Section 114(1) Law of Marriage Act 1971 requires decree of divorce or separation before division; Civil procedure — Failure to frame issues (Order XIV r.5 CPC) — Fatal if it affects disposal of suit; Remedy — Quashing proceedings and ordering retrial.
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16 May 2005 |
| March 2005 |
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An advocate’s firm affiliation does not disqualify appearance absent formal record or demonstrated conflict; objection dismissed.
* Civil procedure – counsel appearance – challenge to advocate on grounds of alleged firm’s involvement in receiver/manager appointment – mere unrecorded behind‑the‑scenes involvement not recognised.
* Advocacy and professional ethics – potential conflict of interest – partnership affiliation alone does not disqualify an advocate absent demonstrated bias or dual representation.
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31 March 2005 |
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Appellant failed to prove tree-destruction claim; Order VIII Rule 13 inapplicable and no denial of fair hearing; appeal dismissed.
Civil evidence — burden and standard of proof — failure to establish claim on balance of probabilities; Civil procedure — Order VIII Rule 13 CPC inapplicable to appeals from primary courts (G.N. No.312/1964); Constitutional law — right to equality and fair hearing — presence at appeal and lodging grounds negates denial of hearing; Appellate review — concurrent findings of fact not disturbed absent compelling reason.
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24 March 2005 |
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Appeal allowed: defective procedure, unproved claims and excess award set aside; respondents may re‑start proper proceedings.
Employment law – procedure – requirement that labour disputes be referred by a labour officer (Employment Ordinance s.130) – Representative actions – mandatory prior leave (Order I r.8 CPC) – No case to answer – court must ascertain if defendant will call evidence before ruling – Relief limited to pleaded and proved claims.
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5 March 2005 |
| February 2005 |
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Conviction quashed where identification and alleged dying declaration were unreliable and uncorroborated.
Criminal law – robbery; identification evidence – reliability and lighting at scene; dying declaration – admissibility and corroboration; sufficiency of prosecution evidence; appellate review of credibility findings.
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21 February 2005 |
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Conviction quashed for unreliable identification and an uncorroborated dying declaration.
* Criminal law – Identification evidence – conflicting accounts of lighting and lack of detail undermining visual identification; caution required (Waziri Amani).
* Criminal law – Dying declaration – reliability and admissibility where only one witness testifies and declarant’s identity/attestation is not established.
* Criminal appeal – Benefit of doubt – conviction quashed where prosecution evidence is inconsistent and uncorroborated; State declines to support conviction.
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21 February 2005 |
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Application to restore a dismissed appeal was held time‑barred under the Limitation Act’s sixty‑day rule.
* Civil procedure – Restoration of appeal dismissed for default – Rule 17 (Civil Procedure (Appeals in Proceedings originating in Primary Courts) Rules, 1964) – No limitation provided – applicability of Law of Limitation Act 1971, item 21 (sixty days). * Time bar – application filed after sixty days without seeking extension – incompetent and dismissible. * Procedure – preliminary objection on point of law sustained where no reply and no extension sought.
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4 February 2005 |
| January 2005 |
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A party cannot obtain relief for property allegedly left with an opponent without formally pleading a claim or counterclaim.
Civil procedure – necessity of pleading a claim or counterclaim before seeking relief; Evidence and credibility – appellate court should address the core triable issue (existence and terms of a loan) rather than collateral payment disputes; Civil v criminal process – litigant may institute civil proceedings notwithstanding parallel police involvement.
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1 January 2005 |