|
Citation
|
Judgment date
|
| December 2015 |
|
|
Where a sale contract lacks a specified time, termination or damages require proof of loss; title must be handed over on payment.
Contract law – Sale of land – Time for performance not specified – Section 55(1) and (2), Law of Contract Cap.345 R.E.2002 – Termination and damages – Requirement to prove loss before awarding compensation.
|
29 December 2015 |
|
Appeal dismissed: revision was time‑barred and not the proper remedy instead of an appeal.
Probate and administration; limitation period for revision (Item 21, Part II, Law of Limitation Act); competency of revision applications; revision vs appeal; requirements to demonstrate illegality/incorrectness/impropriety in subordinate court proceedings.
|
22 December 2015 |
|
|
18 December 2015 |
|
Application for extension of time dismissed for lack of sufficient cause; no costs due to applicant’s pauper status.
Extension of time – Land Disputes Courts Act s.38(1) – “good and sufficient cause” – delay in supply of tribunal records – illness evidence – ignorance of law not sufficient cause.
|
15 December 2015 |
|
Failure to frame issues in ex parte proceedings vitiated the trial judgment; matter remitted for retrial before a different magistrate.
Civil procedure – Framing of issues: essential for guiding proof and avoiding prejudice, particularly in ex parte proceedings; Ex parte proof – requires care and comprehensive disposal of related issues; Insufficiently reasoned or narrowly focused judgments may be nullified and remitted for retrial; Evidence of oral contracts and dishonoured cheques must be evaluated against properly framed issues.
|
15 December 2015 |
|
Whether appointing foreign applicants as legal guardians and granting custody and travel rights serves the child’s best interests.
* Child law – Guardianship and custody – Appointment of foreign-resident applicants as legal guardians and custodians – Best interests of the child paramount under domestic Law of the Child Act, African Charter and UNCRC. * International/administrative safeguards – permission to obtain passport and travel balanced by periodic judicial production and annual welfare reporting by licensed adoption/social-work agency.
|
14 December 2015 |
|
Custody order nullified for failure to determine existence of a customary marriage before awarding custody.
* Family law – custody – requirement to determine existence of customary marriage before awarding custody; * Customary law – payment of bridewealth not conclusive proof of marriage; * Evidence – burden to prove marriage ceremony; * Child welfare – considerations of customary parentage versus biological paternity; * Procedure – failure to decide a fundamental issue renders proceedings a nullity, retrial ordered.
|
14 December 2015 |
|
Conviction quashed for non-compliance with s.34B Evidence Act and unreliable identification evidence.
Criminal procedure – defective charge sheet and section 388 CPA; Evidence Act s.34B – admissibility of unavailable witness statements; Identification evidence – requirements for reliable identification under adverse conditions; Proof beyond reasonable doubt – effect of expunging critical written statement.
|
14 December 2015 |
|
Application for extension of time struck out due to inconsistent dates on judgment and decree, rendering it incompetent.
* Civil procedure – Extension of time – Application for leave to appeal out of time – procedural competence affected by defects in court record (discrepant dates on judgment and decree).
* Civil procedure – Judgment and decree – Decree as an extract of judgment should not bear a different date.
* Ex parte proceedings – Respondent absence did not cure procedural defect in the record.
|
7 December 2015 |
|
Adoption granted where applicants caring for abandoned child met statutory requirements and the child’s best interests.
* Adoption law – Law of the Child Act 2009 – Abandoned child – Best interests of the child – Social welfare investigation supports adoption – Registration in Adopted Children Register.
|
1 December 2015 |
| November 2015 |
|
|
Affidavits must be based on the deponent’s personal knowledge and bear the drawer’s name; failure renders application incompetent.
* Civil procedure – Affidavits – deponent’s personal knowledge – statements about a client's finances by advocate constitute hearsay if not within advocate's knowledge; verification must disclose source. * Advocates Act s.44(1) – mandatory requirement to endorse the name and address of drawer; omission renders document defective. * Constitutional plea to dispense substantial justice (Art.107A(2)(e)) cannot cure mandatory affidavit defects.
|
30 November 2015 |
|
Payment of bride price alone does not establish customary marriage; custody and land disputes follow legitimacy and jurisdiction rules.
* Customary marriage – proof – payment of bride price alone insufficient; need evidence of customary ceremony or rites. * Presumption of marriage (s.160(1)) – requires cohabitation, reputation as husband and wife, and absence of formal ceremony. * Jurisdiction – where no marriage exists magistrates should not determine land/house ownership; land tribunals have competence. * Legitimacy and custody – child born out of wedlock requires legitimization by father to claim custody.
|
27 November 2015 |
|
Interim injunction refused where defendant had substantially built on disputed land and monetary compensation considered adequate remedy.
Interim relief – application for temporary injunction pending trial – maintenance of status quo – balance of convenience where respondent has constructed building to lintel level – failure to file counter-affidavit – adequacy of monetary compensation as alternative remedy.
|
27 November 2015 |
|
A request to transfer a Primary Court criminal matter to enable advocate representation is a sufficient ground for transfer if the receiving court has jurisdiction.
Magistrates' Courts Act s.33(1) – prohibition of advocates in Primary Courts; s.47(1) – transfer of proceedings; right to legal representation; what amounts to "good or sufficient reasons" for transfer; appellate review of exercise of discretion to refuse transfer.
|
26 November 2015 |
|
|
23 November 2015 |
|
Conviction unsafe: medical report admitted without statutory safeguards and disabled victim's uncorroborated testimony was unreliable.
Evidence Act s127 – competence of witnesses; victim described as "disabled"; requirement to identify nature of disability and record reasons under s127(7) before convicting on uncorroborated sexual‑offence testimony; Criminal Procedure Act s240(3) – right of accused to require author of a report admitted in evidence to be summoned for cross‑examination; failure to inform unrepresented accused requires expungement of report; conviction unsafe where sole evidence is uncorroborated and credibility/penetration unestablished.
|
20 November 2015 |
|
Non-monetary contributions and improvements during marriage justify a substantial share of matrimonial property; valuation and 40/60 division ordered.
* Family law – Division of matrimonial assets – Application of Section 114 Law of Marriage Act – assets acquired before marriage but improved or used during marriage included as matrimonial property; non-monetary contributions (domestic work, childbearing and rearing) relevant under s.114(2)(b). * Valuation and buy-out or sale mechanism ordered. * Desertion does not automatically negate entitlement to a fair share.
|
20 November 2015 |
|
Plaintiff proved appointment as tax consultant and entitlement to USD 139,240; defendant liable for interest and costs.
Contract formation – appointment of tax consultant evidenced by conduct and appointment letter; Quantum of fees – entitlement to percentage-based fee for tax savings despite no formal written fee agreement; Subcontracting – retainer with law firm did not prove subcontract; Evidence – application of s.110 Evidence Act and s.70 Law of Contract Act; Remedies – award of commercial and decretal interest and costs.
|
19 November 2015 |
|
Application objecting to Taxing Officer’s decision dismissed as time-barred under rule 5(2) of the Advocates' Remuneration Rules.
Advocates' Remuneration and Taxation of Costs Rules (G.N. No. 515/1991) – rule 5(2) – time limit for objecting to Taxing Officer’s decision – limitation runs from date certified copy issued; preliminary objection on limitation can be raised at any stage; failure to file within 21 days renders application incompetent.
|
16 November 2015 |
|
The applicant's challenge to the Taxing Officer’s decision was dismissed as time‑barred under Rule 5(2).
* Advocates' Remuneration and Taxation of Costs Rules (G.N. No. 515/1991) – Rule 5(2): objection to Taxing Officer’s decision must be filed within 21 days of issuance of certified copy. * Limitation – time runs from issuance/receipt of certified copy, not date of delivery. * Preliminary objection on limitation – may be raised at any stage and is determinative before merits. * Where application filed beyond 21 days without leave, it is time‑barred and liable to be dismissed.
|
16 November 2015 |
|
The applicant granted extension to appeal due to delayed receipt of judgment; first appeals need not list points of contention.
Extension of time – Law of Limitation Act s.14(1) – delayed receipt of judgment as sufficient cause; Item 1 Part II (90 days) – diligence in requesting copies; first appeal – no requirement to state points of contention.
|
16 November 2015 |
|
Leave to appeal granted on arguable points of law regarding division of matrimonial assets under s.114 of the Law of Marriage Act.
Appellate procedure – leave to appeal under s.5 Appellate Jurisdiction Act; Family law – division of matrimonial assets – application and interpretation of s.114(1) and s.114(2)(d) Law of Marriage Act; Evidence – failure to tender documents at trial; Leave stage – merits not finally determined.
|
13 November 2015 |
|
Extension to restore a dismissed application denied for failure to account for a thirty-day delay and lack of diligence.
* Civil procedure – extension of time – application for restoration of matter dismissed for want of prosecution – applicant must account for delay and show diligence; unexplained 30-day delay fatal to application.* Delay and diligence – presence at striking-out hearing but failure to act promptly indicates lack of diligence – extension refused.* Costs – unsuccessful extension application dismissed with costs.
|
13 November 2015 |
|
Interim injunction to restrain transfer of estate denied for lack of evidence and absence of irreparable harm.
* Civil procedure – Interim injunctions – Applicant must show serious issue to be tried, irreparable harm and balance of convenience.
* Evidence – absence of documentary proof of intended transfer undermines application for injunctive relief.
* Estates – prior confirmation of estate distribution impacts interim relief seeking to restrain administrator.
* Remedy – possible monetary compensation or revocation can negate claim of irreparable loss.
|
13 November 2015 |
|
Interim injunction refused where applicants failed to satisfy Atilio test and adequate remedies existed against any transfer.
* Civil procedure – interim injunction – Atilio v Mbowe test – requirement of serious triable issue, irreparable harm and balance of convenience.
* Probate and succession – prior confirmation of estate distribution and its bearing on interlocutory relief.
* Adequacy of alternative remedies – monetary compensation or revocation of transfer as reasons to refuse injunction.
* Allegations of mala fides/abuse of process when unsuccessful avenues exist in probate appeals.
|
13 November 2015 |
|
Court authorised adoption of an abandoned Tanzanian child by foreign petitioners based on the child’s best interests.
Adoption — abandoned child — foreign prospective adopters — best interests of the child — compliance with Law of the Child Act 2009 — change of name and registration.
|
11 November 2015 |
|
Failure to sign witnesses' evidence under Section 210(1)(a) invalidates the trial; matter remitted for a de novo hearing.
Criminal law – Unnatural offence; Evidence – recording and signing of witnesses' testimony (Section 210(1)(a) CPA) – failure to sign is fatal; Admissibility issues – cautioned statement and PF3/Section 240(3) – procedural compliance; Remedy – nullification of proceedings and remittance for de novo trial.
|
9 November 2015 |
|
Unpaid filing fees meant no valid application was pending; tribunal’s orders after 10/02/2015 were nullified and execution proceedings restored.
Land law — procedure — filing of documents — filing takes effect upon payment of fees; non-payment means document not filed. Revision — tribunal misdirection and functus officio — orders made on a disposed application are improper; court may nullify such proceedings and restore pending execution to proceed. Right to be heard — accrues only upon proper filing of applications.
|
6 November 2015 |
|
Extension‑of‑time application dismissed where LDCA transitional period expired and applicants were dilatory.
Land Disputes Courts Act – transitional provision s.54 – preservation of pending proceedings for two years and extension procedure; limitation and jurisdictional effect where transitional period expired; extension of time to appeal; procedural diligence and dismissal for undue delay.
|
6 November 2015 |
|
An affidavit lacking a proper verification clause and deponent identification renders the application incurably defective.
* Civil procedure — Affidavit requirements — Verification clause — Must state deponent's knowledge and identify verifier; missing or defective verification may be fatal. * Evidence — Affidavit confined to facts within deponent's own knowledge; statements about third parties may be hearsay (Order XIX r.3 CPC). * Procedure — Incurable formal defects in affidavit justify striking out application; amendment is discretionary and may not cure verification defects.
|
3 November 2015 |
|
Court granted leave to appeal, finding contentious issues on AG joinder and statutory applicability merited appellate review.
* Appellate procedure – Leave to appeal – Court must be satisfied of prima facie grounds meriting appeal rather than rehearing merits; * Civil procedure – Joinder of the Attorney General – Whether failure to join AG affects competence; * Statutory construction – Application of s.18 Law Reform (Fatal Accidents and Misc Provisions) Act and s.10 Government Proceedings Act to High Court proceedings.
|
3 November 2015 |
| October 2015 |
|
|
An interim injunction cannot be granted absent a pending suit between the applicant and respondent; application struck out.
Civil procedure – Temporary injunction – Order XXXVII Rule 1(a) – injunction must be founded on a pending suit between the applicant and respondent – application relying on a different suit involving other parties is untenable – application struck out.
|
30 October 2015 |
|
An appeal dismissed where the applicant failed to file ordered written submissions, constituting failure to prosecute.
Criminal appeal – failure to file court-ordered written submissions – constitutes failure to prosecute – appeal dismissed for want of prosecution.
|
29 October 2015 |
|
Unexplained five‑month delay and lack of supporting evidence justify refusal to extend time to seek leave to appeal.
Civil procedure – extension of time to apply for leave to appeal; requirement to account for delay (even a single day) – sufficiency of excuse and supporting evidence; consideration of likelihood of success of intended appeal as factor in granting extension.
|
29 October 2015 |
|
An applicant cannot seek an extension to revive an application already dismissed; the remedy is appeal or review.
Appellate jurisdiction — extension of time under s.11(1) AJA — functus officio where earlier leave application was dismissed — distinction between dismissal and striking out — proper remedy after dismissal is appeal or review.
|
29 October 2015 |
|
Where property was acquired during marriage, it remains matrimonial; sale without the respondent’s consent is void and refund ordered.
* Land law – matrimonial property – property acquired during marriage is jointly owned; disposal of matrimonial property without involvement/consent of both spouses is void. * Civil remedies – purchaser of property sold without spouse’s participation entitled to refund from the seller. * Appeal – appellate court will not interfere where trial tribunal's findings on acquisition and ownership during marriage are unchallenged.
|
29 October 2015 |
|
Whether defendants unlawfully acquired extra 2,617 acres and whether plaintiffs proved abandonment or adverse possession.
Land law – allocation and measurement of village land – extra acreage (2,617 acres) unlawfully included in title; abandonment and adverse possession – intermittent seasonal grazing does not amount to continuous exclusive possession; succession to village land – successor village councils recognized under Village Land Act s.7(1)(c); rectification of certificate of occupancy to reflect lawful acreage; compensation for undeveloped land – no entitlement under law in force at time of allocation.
|
28 October 2015 |
|
Court granted extension of time and leave to appeal after finding illness excused delay and appeal had arguable grounds.
* Civil procedure – extension of time – necessity to account for delay – illness as satisfactory cause; * Appeal – leave to appeal to Court of Appeal – requirement of arguable grounds/prospects of success; * Application of authorities: Samson Kishosha Gabba and Bushiri Hassan.
|
27 October 2015 |
|
Court quashed the applicant's rape conviction because nighttime visual identification was not absolutely watertight.
* Criminal law – Identification – visual identification at night – evidence must be "absolutely watertight" (Waziri Amani principle).
* Sexual offences – Proof of rape – victim's evidence relevant but identification remains crucial where identity disputed.
* Evidence – uncertainties, failure to describe lighting/intensity/distance and absence of alleged eyewitness undermined prosecution case.
|
27 October 2015 |
|
Where a land dispute underlies a trespass charge, courts must follow determinations by properly constituted land tribunals; decisions by bodies without jurisdiction are void.
* Criminal law – trespass – courts must first determine lawful ownership in land-related criminal cases. * Land law – jurisdiction – decisions by bodies without statutory jurisdiction (local mediation baraza) are void and not binding. * Land and Housing Tribunal – its determinations on allocation of land are authoritative evidence of ownership in subsequent proceedings.
|
27 October 2015 |
|
Extension to file appeal granted due to court’s delay in supplying certified proceedings and applicant’s prompt diligence.
Civil procedure – Application for extension of time to file appeal – Good cause established where delay resulted from court’s failure to timely supply certified copies of proceedings and judgment; applicant’s prompt follow-up and filing after receipt demonstrated diligence.
|
23 October 2015 |
|
|
23 October 2015 |
|
Whether the respondent bank could recover contractual penal interest and the outstanding loan after the applicant's defaults and alleged waiver.
Loan agreement – default – clause permitting immediate recovery of entire balance; penal interest – enforceability of agreed 27% rate on default; waiver – conditional rescheduling letter not amounting to waiver unless conditions met; mitigation – borrower’s burden to show fulfillment of conditions for waiver; counterclaim – bank entitled to recover outstanding debt and interest.
|
23 October 2015 |
|
Extension application struck out for failure to lodge and properly serve the required Notice of Appeal.
Civil procedure – Court of Appeal Rules (Rule 84(1), Rule 46(1)) – Requirement to lodge Notice of Appeal before filing for leave – Personal service of Notice on unrepresented respondents – Service via co‑respondent ineffective – Extension of time is discretionary.
|
23 October 2015 |
|
Extension granted to file notice and seek leave to appeal after earlier appeal was struck out for technical defects.
Appeal and extension of time – Appeal struck out for incompetence – Whether applicants must account for period prior to incompetent appeal – Delay caused by technical defects or counsel’s error – Exercise of court’s discretion to grant extension – No order as to costs.
|
16 October 2015 |
|
Extension of time granted to refile appeal after earlier Court of Appeal dismissal for technical defects, no costs.
Civil procedure — Extension of time to file notice and seek leave to appeal — Appeal previously struck out for technical incompetence — Effect on requirement to account for delay — Exercise of judicial discretion; negligence of advocate not decisive when applicant promptly pursues corrective steps.
|
16 October 2015 |
|
Applicant’s ignorance of the law did not constitute sufficient cause to extend time for filing an appeal.
Extension of time – discretion to grant under section 25(1)(b) Magistrates’ Courts Act; requirement of sufficient cause (Mumello v. Bank of Tanzania); ignorance of law/being a layperson not sufficient cause (Tanzania Ports Authority v. Pembe Flour Mills); alleged advocate non-appearance does not automatically establish sufficient cause.
|
15 October 2015 |
|
Whether s.30(2)(b) Magistrates' Courts Act requires parties be heard during inspection/revisional proceedings and if non-calling breaches natural justice.
* Magistrates' Courts Act s.30(2)(b) – inspection/revision of lower court records – whether statute confers right to be heard
* Natural justice – audi alteram partem – effect of non-calling parties during inspectional/revisional proceedings
* Leave to appeal – prima facie grounds – appropriate tribunal to determine substantial point of law
|
15 October 2015 |
|
Court granted extension of time to file notice and leave to appeal after earlier timely but defective application was withdrawn.
* Civil procedure – extension of time under s.11(1) Appellate Jurisdiction Act – discretion to be exercised judiciously where initial timely application was withdrawn as defective.
* Appeals – effect of withdrawal of a notice of appeal and interplay with Court of Appeal Rules (Rules 89, 90, 91) – requirement to file fresh notice or seek extension.
* Procedural irregularities – failure to attach High Court order or cite enabling provisions may be technical and, if promptly remedied, do not necessarily bar extension of time.
|
15 October 2015 |
|
Conviction quashed where victim’s age and lack of non-consensual conduct were not proved beyond reasonable doubt.
Criminal law – rape – evidential burden to prove lack of consent and victim’s age; necessity of proving victim’s age for statutory rape; weight of uncorroborated testimony and absence of medical evidence; impact of relationship and delay on proof beyond reasonable doubt.
|
13 October 2015 |