|
Citation
|
Judgment date
|
| December 2014 |
|
|
Allocation by a political party branch is invalid; respondent’s inheritance evidence established ownership.
Land law – Village land allocation – Allocation purportedly by political party (CCM) branch is invalid; proper authority is village council/meeting; proof of ownership by inheritance; boundary disputes do not establish title.
|
17 December 2014 |
|
Taxation reduced an excessive bill of costs to Tsh.5,035,000, disallowing unsupported or inflated items.
Taxation of costs – instruction fee entitlement where suit ends on preliminary objection – stationery/photocopying as part of instruction fee – adherence to GN No.515/1991 scales – reduction of attendance, perdiem and travel claims lacking support.
|
10 December 2014 |
| October 2014 |
|
|
High Court struck out malicious prosecution suit for lack of pleaded pecuniary jurisdiction due to unspecified currency and speculative damages.
* Civil procedure – Pecuniary jurisdiction – Order VII r.1(i) Civil Procedure Code – plaint must state value of subject matter in specific currency and amount; * Jurisdiction determined by substantive claim, not general damages (Tanzania-China authority); * Pleading of special damages – requirement of specificity, non-speculative monetary valuation; * Suo motu jurisdictional objection – consequence: striking out for incompetence; * Remedy – refile in lower court or amend and refile properly in High Court.
|
8 October 2014 |
| September 2014 |
|
|
High Court revised CMA refusal of condonation, finding employer's conduct justified employees' delay in challenging retrenchment.
* Labour law – retrenchment/unfair termination – 30‑day limitation for referral and condonation for delay. * Civil procedure – revision of CMA rulings – Labour Court powers under Rule 28(1). * Employment & Labour Relations Act s38 – consultation obligations. * Code of Good Practice (Rule 23(9)) – prohibition on implementing retrenchment within 30 days of referral.
|
25 September 2014 |
|
Applicant's unfair termination claim failed because he lacked a valid work permit, rendering the employment contract void.
Employment law – validity of employment contracts with foreign nationals – absence of valid work permit renders contract void and unenforceable – jurisdiction of CMA – condonation/extension of time – cause of action.
|
25 September 2014 |
|
Court quashed CMA's innocence finding, confirmed procedural unfairness, and substituted 12 months' compensation for wrongful procedure.
Labour law – dismissal for misconduct (gross negligence) – procedural fairness in disciplinary hearings – right to be heard and represented – remedies under s.40(1) ELRA – arbitrator must choose reinstatement, re‑engagement or compensation; cannot impose excessive alternative award.
|
25 September 2014 |
|
The applicant's field branch lacks locus to seek exclusive bargaining recognition; only a registered trade union may do so.
* Labour law – Collective bargaining – Recognition as exclusive bargaining agent – Section 67 ELRA grants recognition to a registered trade union, not a branch; a branch lacks locus. * Procedure – Preliminary objection – Pure point of law – Determination of statutory locus may be disposed of on preliminary objection. * Labour law – Section 73 ELRA – Associations and forums for worker participation distinct from exclusive recognition under section 67.
|
25 September 2014 |
|
A field branch lacks statutory locus to seek exclusive bargaining recognition; only a registered trade union may do so.
Labour law – Collective bargaining – Recognition as exclusive bargaining agent – Only a registered trade union (not a field branch) may seek statutory exclusive recognition under Section 67 ELRA; locus can be raised as a preliminary point of law; Section 73 permits distinct workplace participation arrangements.
|
25 September 2014 |
| August 2014 |
|
|
Applicant's unpaid balance triggered contractual default remedy (share transfer); respondents' unilateral management takeover breached the agreement; contract rescinded and deposit refunded.
* Contract law – Share Acquisition Agreement – purchaser default and contractual default remedies (share transfer) versus sellers' unilateral resumption of management.
* Fraud – allegation of active concealment of assets/encumbrances – burden to prove intent to deceive; absence of evidence of fraudulent procurement.
* Remedy – rescission as alternative where contractual performance/prejudice exists; refund of deposits and interest; costs follow the event.
|
22 August 2014 |
|
A prior final judgment on land ownership bars relitigation; the applicants' appeal is allowed with costs.
* Land law – finality of judgments – res judicata – prior determination of land ownership bars relitigation.
* Civil procedure – abuse of process – repetitive or concocted suits barred to protect finality of litigation.
* Execution of decree and public auction – previously determined ownership and unchallenged decisions are binding.
* Role of tribunal assessors – opinion not binding on chairperson though procedural reason-giving may be required.
|
15 August 2014 |
| July 2014 |
|
|
Uncorroborated co-accused evidence and weak identification of the burnt vehicle defeated the prosecution's case.
* Criminal law – Evidence of co-accused/accomplice – requires independent corroboration before convicting co-accused.
* Criminal law – Identification of stolen property – cogent description and identification necessary to link wreckage to alleged stolen vehicle.
* Criminal procedure – Proof beyond reasonable doubt – cumulative weaknesses in corroboration and identification vitiate conviction.
* Criminal procedure – Cautioned statement/confession – absence or non-admission weakens prosecution case.
|
28 July 2014 |
|
Leave to appeal granted where proposed appeal raises arguable issues on jurisdiction, contractual damages and witness credibility.
* Civil procedure – Leave to appeal – Whether proposed appeal raises arguable issues on trial court’s pecuniary jurisdiction, contractual basis for general damages, and weight of interested witness evidence – Leave granted where reasonable prospects of success.
|
22 July 2014 |
|
Applicant's hospitalization, unchallenged by respondent, justified extension of time to file an appeal.
Limitation Act s.14(1) – extension of time to appeal; sickness/hospitalization as sufficient cause for delay; uncontroverted affidavit evidence; discretion to grant extension.
|
18 July 2014 |
|
On the balance of probabilities the defendant proved lawful ownership; plaintiff's title was irregular and the suit was dismissed with costs.
Land law – Ownership dispute; proof of title – weight of documentary evidence versus handwritten/after-the-fact instruments; Transfer of Right of Occupancy, tax clearance and possession as evidence of ownership; balance of probabilities standard in civil ownership disputes.
|
17 July 2014 |
|
Applicant charged with manslaughter granted bail pending trial where the prosecution did not object, subject to specified surety and reporting conditions.
* Criminal procedure – Bail pending trial – Application under section 148(1) of the Criminal Procedure Act – Granting bail where prosecution does not object; * Bail conditions – two sureties with Tshs. 1,000,000 bond each; village authority letters; fortnightly police reporting; District Registrar approval; * Charge – Manslaughter (s.195 Penal Code).
|
17 July 2014 |
|
|
11 July 2014 |
|
Reported
A district court erred applying High Court probate law to Primary Court proceedings; Primary Court record restored and remitted.
Probate law — applicability of Cap 352 to Primary Court matters; Primary Court probate governed by Fifth Schedule to Magistrates Courts Act Cap 11; Procedural objections in Primary Court should be raised in that court; Revisional order based on inapplicable law is nullity.
|
10 July 2014 |
|
An applicant charged with drug trafficking is not entitled to bail under section 27(1)(a) and the application was dismissed.
* Criminal law – Drugs – Bail – Interpretation of section 27(1)(a) Prevention of Illicit Trafficking in Drugs Act – trafficking and possession for commercial/conveyance purposes non-bailable; * Statutory interpretation – section 27(1)(b) (value certificate) distinct from section 27(1)(a); * Criminal Procedure Act provisions on bail held inapplicable where specific statutory bar exists.
|
2 July 2014 |
|
An acknowledgement of debt showed the respondent breached an oral sale contract; trial court erred in awarding costs to respondent.
Contract — oral sale/supply of goods — post-transaction acknowledgement of debt — exhibit as admission of indebtedness not substitution of contract — breach for non-payment — costs wrongly awarded to successful creditor reversed.
|
2 July 2014 |
| June 2014 |
|
|
New documents should not be admitted at re‑examination if they unfairly deny the opposing party an opportunity to test them.
Civil procedure – re‑examination limited to matters arising from cross‑examination; documents must ordinarily be pleaded and introduced in examination‑in‑chief; late tender at re‑examination may be refused to avoid unfair surprise and to protect right to test evidence (Order 13 CPC; Evidence Act).
|
25 June 2014 |
|
Extension of time granted due to applicants’ inability to access legal aid during holiday closure and sufficient cause for delay.
• Civil procedure – extension of time to appeal – sufficient cause – reliance on legal aid organisation closed during holiday period.
• Access to justice – right to legal assistance and its effect on computing time for appeals.
• Lay litigants’ ignorance and inability to afford counsel – relevant in assessing sufficient cause.
|
19 June 2014 |
|
Earlier valid sale to the respondent prevailed; appellant not a bona fide purchaser and appeal dismissed with costs.
Land law – Sale of land – Competing sales – earlier valid sale prevails over later purported sale made as security for a loan; bona fide purchaser protection not available where purchaser knew land had been sold to another.
|
18 June 2014 |
| May 2014 |
|
|
High Court lacks revisional jurisdiction under s.43(1)(b) over Ward Tribunal proceedings; application dismissed as abuse of process.
Land law; revision jurisdiction – scope of section 43(1)(b) Land Disputes Courts Act; Ward Tribunal proceedings vs District Tribunal jurisdiction; functus officio and relitigation of same land between different parties; abuse of process and back‑door appeals.
|
29 May 2014 |
|
High Court cannot use s.43(1)(b) to revise Ward Tribunal matters; applicant’s revision was an abuse of process.
Land law; jurisdiction of High Court under s.43(1)(b) Land Disputes Courts Act — scope limited to proceedings from District Land and Housing Tribunal. Ward Tribunal decisions — proper challenge by appeal/revision to District Land and Housing Tribunal (or under Magistrates' Courts Act). Functus officio — not triggered by same subject matter where parties differ; different evidence may produce different outcomes. Revisional jurisdiction — cannot be used as back‑door appeal; invoking it after failing at lower tribunal is abuse of process.
|
29 May 2014 |
|
Applicant's attempt to invoke High Court revisional powers to challenge Ward Tribunal proceedings after losing appeal dismissed as abuse.
* Land law — Revision and appellate remedies — Scope of High Court revisional jurisdiction under section 43(1)(b) of the Land Disputes Courts Act — Ward Tribunal v District Land and Housing Tribunal proceedings.
* Civil procedure — Abuse of process — seeking revision after failed/time‑barred appeal constitutes lodging an appeal through the back door.
* Evidence — Same subject matter, different parties — burden to prove title on balance of probabilities; earlier proceedings do not automatically preclude later claims.
|
29 May 2014 |
|
Court allowed withdrawal and re‑filing of an amended defence, extending time under section 93; Order VII r.1(2) held inapplicable.
Civil procedure – amended written statement of defence – substitution of defendant’s name – applicability of Order VII r.1(2) – distinction between failure to file defence and delay in filing an amendment – enlargement of time under section 93 – withdrawal and leave to refile – costs follow event.
|
27 May 2014 |
|
A plaint that pleads facts and a value establishes pecuniary jurisdiction; valuation disputes are evidentiary, not jurisdictional.
Land law — Pecuniary jurisdiction — Order VII Rule 1(f) and (i) — Pleading requirement to state facts showing jurisdiction and value — Valuation disputes are questions of evidence not law — Preliminary objection on jurisdiction dismissed.
|
27 May 2014 |
|
Plaintiffs entitled to compensation where statutory road-widening incorporated their land; counterclaim for demolition costs dismissed.
Land law – road reserve and statutory widening – Act No. 13 of 2007 extended road width; occupants in the extended strip entitled to compensation for improvements; demolition by council without compensation not recoverable; independent valuation ordered.
|
26 May 2014 |
|
Whether statutory road widening that extended the reserve into private land entitles the applicants to compensation.
Land law – road reserve – statutory widening under Act No. 13 of 2007 – extension into privately owned land – entitlement to compensation for improvements; ownership and historical width of road; counterclaim for demolition costs dismissed; independent valuation ordered by Chief Government Valuer.
|
26 May 2014 |
|
Appeal allowed: damages were unproven and 12% interest award was improper; trial judgment reversed, costs to respondent.
Civil procedure — proof of special damages — need for specific particulars and evidence; general damages — require proof of loss; interest on judgment — Order XX r.21(1) prescribes 7% p.a. unless parties agree otherwise; amendment of issues — must be recorded though omission may not always vitiate proceedings.
|
23 May 2014 |
|
An appeal filed after the court-ordered extension period is time-barred; a later-signed Drawn Order does not cure lateness.
* Civil procedure — Time limitation for filing appeals — Effect of order granting extension of time and permissible filing period.
* Appeal competency — Whether a Drawn Order signed later can extend or alter the filing deadline.
* Civil Procedure Code, Order XXXIX Rule 1(1) — Required documents to accompany memorandum of appeal (copy of decree and judgment).
* Procedural bar — Dismissal of appeal as academic where filed out of the permitted time.
|
23 May 2014 |
|
A High Court lacks jurisdiction to grant extension to file review of a tribunal’s judgment; application dismissed with costs.
Land/Procedure – Review jurisdiction – Whether review and applications for extension of time must be filed in the court which passed the decree or order – Order XLII Rule 1(1)(b) Civil Procedure Code – Competence of High Court to entertain extension for review of tribunal judgment.
|
21 May 2014 |
|
Court declared the applicant’s blood-relatives heirs, excluded non-blood claimants, and authorised market sale without written beneficiaries' consent.
Probate and administration – determination of lawful heirs – proof of blood relationship – being brought up does not confer inheritance rights absent a will – dispensation of contractual consent requirement for sale of estate property – market valuation and administrator directed to sell and distribute proceeds.
|
20 May 2014 |
|
Court declared blood relatives as heirs, excluded non-blood claimants, vacated consent requirement, and ordered sale at market price.
Probate and administration — determination of heirs by blood relationships; fostered person who was raised by deceased does not inherit absent will; court may dispense with contractual consent requirements to sale price in estate administration; administrator directed to sell estate property and distribute proceeds.
|
20 May 2014 |
|
Applicants proved blood ties of proposed heirs; non-blood fostered persons are not heirs and the estate property may be sold at market price.
* Probate and administration – proof of heirship – blood relationship as basis for intestate succession; fosterage or upbringing does not confer inheritance absent will.* Estate administration – power of court to dispense with contractual consent requirements to enable sale of estate property and to direct sale at market value.* Administrator duties – court direction to sell estate property and distribute proceeds to lawful beneficiaries.
|
20 May 2014 |
|
Court granted extension of time to appeal where a defective certified decree caused the delay.
Extension of time to appeal; defective certified decree as reasonable cause for delay; procedural irregularities by Tribunal causing delay; prior appeal steps and withdrawal with leave to refile; time-bar considerations in land appeals.
|
19 May 2014 |
|
Convictions upheld but custodial sentences set aside as unlawful for an 18‑year‑old first offender; immediate release ordered.
* Criminal law – conviction for burglary, grievous harm and rape – evaluation of evidence and identification by victim using torch light.
* Evidence – admissibility and weight of cautioned statement where no contemporaneous objection was raised.
* Sexual offences – proof of penetration and corroboration by confession.
* Sentencing – application of Penal Code s.131(2)(a) for offenders aged eighteen or less and limits on magistrates' sentencing powers; excessive custodial sentences set aside.
* Relief – appeal partly allowed to correct unlawful sentences; immediate release ordered unless otherwise lawfully detained.
|
12 May 2014 |
|
|
12 May 2014 |
| April 2014 |
|
|
Where the cause of action arose in Arusha, the suit was properly instituted there; striking-out for lack of territorial jurisdiction was erroneous.
Civil Procedure – Territorial jurisdiction – Section 18(c) (cause of action) – Explanation 1 limited to residence-based jurisdiction (ss.18(a),(b)) – Section 17 option for suits relating to movable property.
|
28 April 2014 |
|
Appeal partly allowed and judgment set aside due to reliance on documents not admitted and a defective trial record.
* Evidence – Admissibility of documents – Documents not tendered or formally admitted cannot be relied on by trial court. * Civil procedure – Defective record and contradictions in proceedings – prejudice warrants nullification and retrial. * Contract law – Written loan agreement cannot be varied by unsupported oral evidence. * Specific performance – relief cannot be decided where foundational documentary proof is absent or improperly admitted.
|
25 April 2014 |
|
Appellate court set aside judgment and ordered retrial due to failure to admit and evaluate key documentary evidence.
Evidence – admissibility and tendering of documents – failure to admit principal agreement and receipt – oral evidence vs. documentary proof; Civil procedure – irregular record and omitted proceedings – prejudice warranting nullification and retrial; Contract law – dispute over repayment terms (lump sum vs instalments) and proper evaluation of contractual documents.
|
25 April 2014 |
|
|
1 April 2014 |
|
Applicant failed to show sufficient cause for extension of time to restore a dismissed High Court application; dismissed with costs.
Extension of time – restoration of dismissed application – sufficient cause for delay; High Court jurisdiction over restoration of its own dismissed applications even where underlying matter originated in Primary Court; applicability of Limitation Act/Civil Procedure Code to Primary Court matters vs. restoration applications.
|
1 April 2014 |
|
Applicant failed to show sufficient cause for extension of time to restore a dismissed High Court application; application dismissed with costs.
* Civil procedure – extension of time – restoration of dismissed application – requirement to account for delay and show sufficient cause. * Jurisdictional issue – underlying dispute originating in Primary Court and customary law does not preclude High Court’s restoration application. * Failure to account for unexplained delay disentitles applicant to extension.
|
1 April 2014 |
| March 2014 |
|
|
Clan allocations lack legal effect without formal probate; the applicant's inheritance claim to the land is dismissed.
Land law — inheritance and title — informal clan distribution versus formal probate distribution — legal effect of clan allocations; administrator appointment under Probate and Administration law and Magistrates' Courts Act (Fifth Schedule).
|
14 March 2014 |
|
Tribunal procedures under land disputes regulations, validity of an oral sale of customary land, and failure to prove redemption resulted in dismissal of appeal.
Land law; District Land and Housing Tribunal procedure – application of Civil Procedure Code vis‑à‑vis Land Disputes Courts Regulations; Validity of oral sale of customary land; Plea of non est factum; Requirement of District Natural Resources Committee approval and effect of repeal; Proof of redemption and effect of long occupation.
|
6 March 2014 |
| February 2014 |
|
|
Whether failure to produce original loan agreement and bank pay-in slip defeats the applicant's claim of a loan.
Contract evidence – requirement to produce original written agreement; documentary proof – original bank pay-in slip; credibility and demeanour findings – appellate deference to trial court; ex parte hearing where respondent refused service.
|
28 February 2014 |
|
Leave granted to seek judicial review for certiorari and mandamus over alleged biased, unreasoned ministerial decision.
* Administrative law – leave to institute judicial review – test: existence of an arguable case (Njuguna v Minister for Agriculture).
* Judicial review remedies – certiorari and mandamus – sought for alleged failure to consider evidence, failure to give reasons, and apparent bias.
* Procedure – ex parte application where respondents absent.
|
27 February 2014 |
|
The Labour Court lacked jurisdiction and the applicant's complaint was improperly instituted and dismissed.
Labour law — transitional jurisdiction after repeal of Industrial Court; disputes pending at ICT by 05/01/2007; referral to CMA required for other disputes. Limitation law — section 21(1) exclusion requires pleaded facts of bona fide prosecution in a wrong court; failure to plead bars reliance on exclusion.
|
26 February 2014 |
|
Pending criminal proceedings and awaiting employer response can constitute good cause to delay referral of unfair termination to the CMA.
Labour law – condonation for late referral – sufficiency of reasons for delay – effect of pending criminal proceedings on disciplinary action; Employment and Labour Relations Act s.37(5); extension of time – good cause and diligence.
|
25 February 2014 |