Results.
57 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
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
— boundary disputes do not establish title
— proof of ownership by inheritance
— proper authority is village council/meeting
17 December 2014
Taxing officer substantially reduced the applicant's bill: instruction fee and many disbursements disallowed or downgraded.
Civil procedure
— Bill of Costs — Separate claims for stationery and photocopying — Whether stationery/photocopy costs are subsumed within instruction fee
— Taxation of bill of costs — Reasonableness and scale of fees — Instruction fee found excessive and reduced
— Taxation of costs — Advocates Remuneration and Taxation of Costs — Application of GN No.515/1991 scales and judicial discretion to reduce excessive items
10 December 2014
October 2014
Suit for malicious prosecution struck out for failing to plead pecuniary value in specific currency and amounts.
Civil procedure — jurisdiction
— Order VII r 1
— Pecuniary jurisdiction
Tort — Malicious prosecution — pleading of special damages required to confer jurisdiction
— Specificity of monetary particulars
— speculative future losses insufficient for jurisdictional valuation
8 October 2014
September 2014
Delay in referring an unfair termination was condoned where employer conduct reasonably suggested no final retrenchment decision.
Labour law
— Revision of CMA rulings — Whether the court has power under Labour Court Rules r 28(1) to call for the record and revise CMA rulings — Labour Court Rules r 28(1)
— limitation and condonation — Condonation for late referral — Section 91(4)(a) and (b) Employment and Labour Relations Act
— retrenchment procedure (s38 ELRA) — Consultation, notice, disclosure and selection requirements — Code of Good Practice r 23(9) and s 38 ELRA
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 — 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
— cannot impose excessive alternative award
— right to be heard and represented
25 September 2014
The applicant's field branch lacks locus to seek exclusive bargaining recognition; only a registered trade union may do so.
Civil procedure — Procedure — Preliminary objection — Pure point of law — Determination of statutory locus may be disposed of on preliminary objection
Labour law — Collective bargaining
— a branch lacks locus
— Recognition as exclusive bargaining agent
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
— locus can be raised as a preliminary point of law
— Only a registered trade union
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.
Civil procedure — remedy
— costs follow the event
— refund of deposits and interest
— rescission as alternative where contractual performance/prejudice exists
Contract law — Share Acquisition Agreement — purchaser default and contractual default remedies (share transfer) versus sellers' unilateral resumption of management
Criminal law — Fraud — allegation of active concealment of assets/encumbrances — burden to prove intent to deceive
22 August 2014
A prior final judgment on land ownership bars relitigation; the applicants' appeal is allowed with costs.
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
Criminal law — Role of tribunal assessors — opinion not binding on chairperson though procedural reason-giving may be required
Land law — finality of judgments — res judicata — prior determination of land ownership bars relitigation
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
— identification of stolen property — cogent description and identification necessary to link wreckage to alleged stolen vehicle
Criminal procedure
— cautioned statement/confession
— Proof beyond reasonable doubt — cumulative weaknesses in corroboration and identification vitiate conviction
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
Hospitalization during the hearing period constituted sufficient cause to grant extension of time to file an appeal.
Limitation law — extension of time — Sickness (hospitalisation) and accounting for delay — Section 14, Law of Limitation Act
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
Land law — proof of title
— balance of probabilities standard in civil ownership disputes
— Transfer of Right of Occupancy, tax clearance and possession as evidence of ownership
— weight of documentary evidence versus handwritten/after-the-fact instruments
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 conditions
— District Registrar approval
— fortnightly police reporting
— two sureties with Tshs. 1,000,000 bond each
— village authority letters
Criminal procedure — Bail pending trial — Application under section 148(1) of the Criminal Procedure Act — Granting bail where prosecution does not object
Criminal procedure — charge — Manslaughter
17 July 2014
11 July 2014
Reported
High Court nullified District Court revision for misapplying Cap 352 and remitted the probate matter to the Primary Court.
Civil procedure — revisional jurisdiction — Scope of revision vs objection proceedings in Primary Court — Objections should be raised before the trial court
Probate law
— Primary Courts’ appointment of administrators — Timing and forum for raising defects in probate applications — Requirements for appointment (death certificate, clan minutes, affidavit of domicile, surety bonds)
— application of Probate and Administration of Estates Act to primary court proceedings — Whether the Probate and Administration of Estates Act Cap 352 applies to Primary Courts — 5th Schedule to the Magistrates' Courts Act Cap 11 governs Primary Court probate matters
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 — Drug offences — Bail — trafficking and possession for commercial/conveyance purposes non-bailable
2 July 2014
Whether an acknowledgement of debt was a new agreement and who breached the beans supply contract
Civil procedure — Costs — discretion to award costs — Award to respondent despite respondent's breach — Improper exercise of discretion
Contract law — Sale of goods — Acknowledgement of debt versus new agreement — Effect on obligations and enforcement
2 July 2014
June 2014
A document cannot be admitted for the first time at re-examination if it prevents the opposing party from testing it.
Civil procedure — Witnesses — Re-examination — Admission of documents during re-examination
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
Human rights — Access to justice — right to legal assistance and its effect on computing time for appeals
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
— bona fide purchaser protection not available where purchaser knew land had been sold to another
— earlier valid sale prevails over later purported sale made as security for a loan
18 June 2014
May 2014
High Court dismissed revision against ward tribunal proceedings as improper, not a substitute for appeal, and an abuse of process.
Civil procedure — Abuse of process — seeking revision after failed/time‑barred appeal constitutes lodging an appeal through the back door
Evidence — Relevance of prior judgments — Effect of prior decision involving different parties
Land law — Revisionary powers — Supervisory powers of the High Court under s.43(1)(b) to revise District Land and Housing Tribunal proceedings where an error material to the merits causes injustice — Land Disputes Courts Act s.43(1)(b)
29 May 2014
Whether the High Court may revise Ward Tribunal proceedings under section 43(1)(b) of the Land Disputes Courts Act.
Civil procedure — Abuse of process — Invocation of revision after unsuccessful appeal constitutes a back‑door appeal and abuse of process
Land law — Revision jurisdiction — Whether the High Court may revise Ward Tribunal proceedings under
Land law — title disputes
— Whether prior proceedings between different parties render a tribunal functus officio
— proof on the balance of probabilities
29 May 2014
Applicant's attempt to invoke High Court revisional powers to challenge Ward Tribunal proceedings after losing appeal dismissed as abuse.
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
Land law — Revision and appellate remedies — Ward Tribunal
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
— applicability of Order VII r.1(2)
— costs follow event
— distinction between failure to file defence and delay in filing an amendment
— enlargement of time
— substitution of defendant’s name
— withdrawal and leave to refile
27 May 2014
A plaint that pleads facts and a value establishes pecuniary jurisdiction; valuation disputes are evidentiary, not jurisdictional.
Land law — pecuniary jurisdiction
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
— demolition by council without compensation not recoverable
— independent valuation ordered
— occupants in the extended strip entitled to compensation for improvements
26 May 2014
Statutory road widening that incorporates private land entitles owners to compensation; counterclaim for demolition costs dismissed.
Civil procedure — Counterclaim — Counterclaim for demolition costs — Failure where statutory acquisition, not trespass, caused loss
Land law — Road reserve — compensation on acquisition — Act No. 13 of 2007
26 May 2014
Appeal allowed: damages were unproven and 12% interest award was improper; trial judgment reversed, costs to respondent.
Civil procedure
— General damages — require proof of loss
— interest on judgment — Order XX r.21(1) prescribes 7% p.a. unless parties agree otherwise
— Proof of special damages
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
— 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
— Time limitation for filing appeals
23 May 2014
A High Court lacks jurisdiction to grant extension to file review of a tribunal’s judgment; application dismissed with costs.
Land law — Land/procedure — Review jurisdiction — Whether review and applications for extension of time must be filed in the court which passed the decree or order
21 May 2014
Court declared specified persons heirs by blood, excluded non-blood claimants, and ordered sale of estate property.
Civil procedure — Administration of estates — administrator’s duty to consult heirs is prudential, not statutory
Succession law — Intestacy
— foster/upbringing alone insufficient to inherit
— Proof of entitlement
20 May 2014
Court declared blood relatives as heirs, excluded non-blood claimants, vacated consent requirement, and ordered sale at market price.
Civil procedure — Probate and administration
— administrator directed to sell estate property and distribute proceeds
— court may dispense with contractual consent requirements to sale price in estate administration
— determination of heirs by blood relationships
— fostered person who was raised by deceased does not inherit absent will
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.
Civil procedure
— 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
— Probate and administration — proof of heirship — blood relationship as basis for intestate succession
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; sentencing reduced and appellant released because he was an 18‑year‑old first offender.
Criminal law
— Cautioned statement — admissibility and waiver by failure to object — Corroboration of complainant's account
— Juvenile sentencing — Application of Penal Code s.131(2) — Corporal punishment instead of custodial sentence
— Visual identification — night-time identification by torchlight — Sufficiency of opportunity and reliability
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
28 April 2014
Partial allowance of appeal and retrial ordered due to reliance on documentary evidence not formally admitted.
Civil procedure — Admissibility of documentary evidence — Reliance on documents not formally admitted — Retrial ordered
Contract law — parol evidence rule — oral evidence cannot vary written contract
25 April 2014
Appellate court ordered retrial after finding trial record defective for failure to admit key documents and reliance on unproven oral evidence.
Civil procedure — Appeal — retrial ordered where interests of justice require it (Fatehali Manji)
Contract law — Loan agreement — Repayment terms: lump sum v instalments and admissibility of parol/oral variations
Evidence — Documentary evidence — Annexures to pleadings are not evidence unless formally tendered and admitted during trial
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.
Civil procedure — extension of time — restoration of dismissed application
— applicability of Limitation Act/Civil Procedure Code to Primary Court matters vs. restoration applications
— High Court jurisdiction over restoration of its own dismissed applications even where underlying matter originated in Primary Court
— sufficient cause for delay
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
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
— administrator appointment
— legal effect of clan allocations
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
— Plea of non est factum
— Proof of redemption and effect of long occupation
— Requirement of District Natural Resources Committee approval and effect of repeal
— Validity of oral sale of customary land
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.
Evidence — Contract evidence
Evidence — credibility and demeanour findings
— appellate deference to trial court
— ex parte hearing where respondent refused service
Evidence — documentary proof — original bank pay-in slip
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)
Civil procedure — Procedure — ex parte application where respondents absent
Judicial review — Judicial review remedies — certiorari and mandamus — sought for alleged failure to consider evidence, failure to give reasons, and apparent bias
27 February 2014
Labour court lacked jurisdiction over a 2004 redundancy dispute not pending at the Industrial Court; complaint dismissed.
Labour law — Jurisdiction of Labour Court — Transition of disputes from Industrial Court to CMA/Labour Division — Requirement that only disputes pending at ICT on commencement vest in new fora
Limitation law — Section 21(1) exclusion of time — conditions and proof required
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
— Extension of time — good cause and diligence
25 February 2014