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Citation
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Judgment date
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| December 2017 |
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Reported
A prior matrimonial decree is conclusive; appellants’ fresh ward‑tribunal claim was improper and proceedings were nullified.
Land law — effect of prior matrimonial decree as conclusive proof of ownership (Evidence Act ss.42–43); locus standi and objection proceedings after attachment; competence of Ward Tribunal proceedings; nullity of subsequent tribunal proceedings where prior final decree governs same subject matter.
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22 December 2017 |
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The applicant's appeal was struck out because the High Court granted leave under an incorrect statutory provision.
* Land law – Appeals – Leave to appeal to the Court of Appeal in land cases must be granted by the High Court under section 47(1) of the Land Disputes Courts Act; leave granted under section 5(1)(c) of the Appellate Jurisdiction Act is inapplicable and invalid – incompetence of appeal – striking out – costs.
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15 December 2017 |
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A valid DPP s36(2) certificate bars bail; reasons are not required, so the bail application was dismissed.
* Criminal procedure – Economic and Organized Crimes Control Act, s36(2) – DPP’s certificate opposing bail – statutory effect of certificate and required contents; * Validity tests for DPP certificate (Dirie) – written certification, likely prejudice to safety/interest, relation to pending criminal proceedings; * Constitutionality arguments (personal liberty, presumption of innocence) do not override a valid s36(2) certificate; * High Court bail jurisdiction under relevant higher‑value provision invoked.
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14 December 2017 |
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Applicant appointed legal guardian and custodian as in child's best interest; overseas travel subject to deputy registrar's approval.
* Family law – Guardianship and custody – Appointment of legal guardian where child abandoned and no confirmed welfare arrangements – Best interests of the child paramount
* Children’s law – Law of the Child Act – Custody, parental rights and responsibilities
* Procedural/administrative – Passport and international travel for minor – court-imposed conditions and requirement of Deputy Registrar’s written approval
* Evidentiary – Support from natural mother and grandmother, volunteer status and vetting by relevant social/security authorities
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8 December 2017 |
| September 2017 |
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Court granted extension of time for filing a reference due to procedural mistakes and technical delay.
Civil procedure – Extension of time under Order 8(1) Advocates Remuneration Order 2015; requirement of 'good cause' for extension; technical delay and premature/incorrect filings; discretion of court to extend time (Ratnam; Fortunatus Masha).
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29 September 2017 |
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An affidavit with a jurat missing place/date is incurably defective and renders the application incompetent.
Procedure — Affidavit formalities — Jurat must state place and date of oath under section 8 Cap.12 R.E.2002; defect on face of record renders affidavit incapable of supporting an application — incompetent application struck out.
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28 September 2017 |
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Absence of the original court file does not justify extension of time to file a bill of costs; application dismissed.
Advocates Remuneration Order 2015 – Bills of costs – Contents and preparation – No mandatory requirement to attach judgment/ruling awarding costs to bill – Taxation cause – Extension of time – Failure to show sufficient reasons for delay – Deputy Registrar's ruling upheld.
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14 September 2017 |
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Extension of time granted where applicant’s hospitalization, supported by medical evidence, constituted good cause.
Limitation Act s.14 – extension of time – good cause – illness and hospital admission as sufficient ground; evidentiary value of medical chit bearing Regional Medical Officer stamp; authenticity challenge on absence of letterhead insufficient if not disproved.
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11 September 2017 |
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Execution quashed for failure to comply with Order XXI notice, prohibitory order, proclamation and publication requirements.
Execution law — mandatory compliance with Civil Procedure Code Order XXI (notice to judgment debtor, prohibitory order, proclamation and publication of sale) — failure to comply renders execution nullity — rehearing of execution application ordered.
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7 September 2017 |
| August 2017 |
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An applicant must specify the relief sought and show sufficient cause; waiting for judgment copies does not excuse filing delay.
Civil procedure – extension of time – distinction between extension to file Notice of Appeal and extension to file application for leave – applicant must clearly state relief sought; delay in supply of judgment copy is not automatically sufficient cause.
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28 August 2017 |
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An application for extension of time to file a review was struck out for relying on incorrect enabling provisions.
Civil procedure – Extension of time – Application to extend time to file Memorandum of Review – Mis‑citation of enabling provisions – Order XLII CPC does not provide for extension of time – Application rendered incompetent and struck out.
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18 August 2017 |
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An application under Section 95 CPC to set aside a taxation dismissal was incompetent and struck out for wrong statutory citation.
* Advocates Remuneration Order, 2015 – Taxation causes – procedure and remedies governed by the Order – proper channel to challenge Taxing Officer’s decisions. * Civil Procedure Code, s.95 (inherent powers) – not applicable where specific legislation governs the matter. * Civil procedure – wrong citation of enabling provision – renders application incompetent and liable to be struck out.
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18 August 2017 |
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Applicant granted 14-day extension to file certification and leave to appeal after defective prior applications constituted good cause.
Extension of time – good cause – discretionary remedy – effect of defective/withdrawn prior applications – counsel’s negligence and sufficiency of cause – certification on point of law and leave to appeal.
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15 August 2017 |
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Extension of time denied where prosecution's unexplained registry negligence and unsupported assertions caused the delay.
Criminal procedure – extension of time to appeal; requirements for establishing sufficient cause; dilatory conduct and registry negligence; evidentiary support for delay claims (Shanti v Hindocha).
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7 August 2017 |
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Prosecutor improperly tendered exhibits; without search warrant or seizure certificate conviction for unlawful trophy possession quashed.
* Criminal procedure – Admissibility of exhibits – Exhibits must be tendered by the witness who identifies them; prosecutor must not act as witness.
* Evidence – Requirement of search warrant and certificate of seizure in unlawful possession of government trophy cases.
* Proof beyond reasonable doubt – Absence of key documents and expunged exhibits may render prosecution case insufficient.
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3 August 2017 |
| July 2017 |
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Court granted extension of time under s.11(1) AJA, finding a 35‑day delay excused as good cause due to seeking counsel.
* Appellate Jurisdiction Act s.11(1) – extension of time – "good cause" required for extension; discretionary relief dependent on circumstances. * Lay litigant – seeking legal representation may amount to sufficient reason for short delay. * Exercise of judicial discretion – applicant must place material to move the court; adherence to procedural time-limits subject to exception where good cause shown.
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28 July 2017 |
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Plaintiff failed to prove a second USD 70,000 sale agreement; only the written USD 50,000 contract was established, so suit dismissed.
Civil procedure – no case to answer – prima facie case required; Evidence Act – written contract vs oral evidence; admissibility and weight of emails; whether oral agreement can vary written contract; burden of proof in civil cases.
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28 July 2017 |
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A defective notice of appeal identifying the wrong type of proceeding renders the appeal incompetent and is struck out.
* Criminal procedure — Notice of appeal — Requirement to correctly identify originating proceedings — Defective notice referencing a criminal case instead of a Preliminary Inquiry renders appeal incompetent.
* Appeal competence — Defective initiation of appeal — striking out incompetent appeals.
* Procedural relief — Extension of time — Court cannot grant extension where no application is before it; applicant must apply formally.
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17 July 2017 |
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Court taxed the claimed costs to Tshs.1,150,000 under the Advocates Remuneration Order, 2015; unsupported items were disallowed.
Taxation of costs – application of Advocates Remuneration Order, 2015 – proper allowances for presenting/opposing applications – requirement for receipts and particulars for attendance, refreshment and follow-up expenses – disallowance of drafting fee where bill prepared by applicant.
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13 July 2017 |
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Whether the respondent lawfully imposed and collected service levy from the applicants' hotels and tented camps.
Local government finance – service levy under s.7(1)(aa) LGFA – distinction between 'inhabitants' and corporate entities – applicability of s.13(2)/Schedule exemption – hotels and tented camps liable to 0.3% service levy.
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4 July 2017 |
| June 2017 |
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Leave to appeal granted where consent judgment raised prima facie issues of illegality, excess beyond pleadings, conflict and champerty.
Leave to appeal — discretionary test — grantable where proposed appeal raises arguable or novel points of law or issues of public importance; consent judgment — legality of compromise involving minors; consent judgment exceeding pleadings; conflict of interest, collusion and champerty by advocate; maintenance and powers of attorney.
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29 June 2017 |
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Court granted extension to file review due to necessity of obtaining court copies and legal technicality affecting the co-plaintiff.
Extension of time – necessity of obtaining copies of ruling/drawn order as cause of delay – negligence of counsel not normally sufficient but discretion to relax time limits where legal technicality affects co-plaintiff – application of Lyamuya criteria.
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29 June 2017 |
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Application for certification to appeal struck out for citing the wrong provision (section 5(1)(c) instead of 5(2)(c)); no costs.
* Appellate procedure – Certification of points of law – Proceedings originating from Primary Court – Requirement to invoke section 5(2)(c) of the Appellate Jurisdiction Act.
* Civil procedure – Competency of application – Wrong citation of enabling provision renders application incompetent.
* Judicial process – Court may raise suo motu jurisdictional defects and strike out applications.
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18 June 2017 |
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Review application dismissed as time-barred under Order 7(2) of the Advocates Remuneration Order, 2015.
* Advocates Remuneration Order, 2015 – Order 7(2) – time limit for filing reference – application held time-barred.
* Civil procedure – preliminary objections – effect of sustaining time-bar objection – no need to decide other objections.
* Affidavit formalities – alleged absence of drawer’s name raised but not decided after time-bar sustained.
* Written submissions – failure to comply leads to ex parte disposal.
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9 June 2017 |
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Applicant's wedding and loss of contact with counsel did not constitute sufficient 'good cause' to extend time to appeal.
* Civil procedure – Extension of time under section 11(1) Appellate Jurisdiction Act – requirement to show good cause; discretion must be exercised on relevant material.
* Insufficiency of personal reasons (engagement/wedding, loss of contact with counsel) to justify extension without detailed explanation of delay.
* Authority cited: Ratnam v Cumarasamy on need for material to exercise discretion.
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2 June 2017 |
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Court quashed striking-out of applicant's omnibus application and ordered a fresh hearing before a different magistrate.
Civil procedure – Omnibus applications – Whether combining multiple prayers in one Chamber Summons is fatal – Courts should encourage procedure unless law forbids; decide on peculiar facts. Appeal procedures – Certification and delivery of judgment copies; late receipt may justify extension of time and right to be heard. Judicial review – Power to quash and set aside prior orders and remit matter for fresh hearing before competent magistrate.
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1 June 2017 |
| May 2017 |
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Court struck out suit as prematurely filed in breach of a contractual arbitration clause, with no order as to costs.
Arbitration clause – contractual requirement to refer disputes to arbitration before litigation; Arbitration Act s.6 – stay of proceedings conditional on no steps taken; preliminary objection – prematurity/ jurisdiction for failure to arbitrate; "step in the proceedings" – test for availability of stay; striking out as remedy for breach of arbitration clause.
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22 May 2017 |
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High Court granted leave to appeal, finding prima facie legal and factual issues warrant Court of Appeal consideration.
* Land law – leave to appeal – application for leave to appeal to Court of Appeal – grant where prima facie grounds merit serious judicial consideration. * Evidence – burden and proof of ownership – whether a party alleging ownership must adduce evidence before trial tribunal. * Appellate procedure – evaluation of evidence, weight versus number of witnesses, and requirement to analyse grounds of appeal. * Family law – applicability of s.59(1) Law of Marriage Act re spousal consent where spouse deserted the other.
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22 May 2017 |
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The applicant's affidavit contained legal argument and prayers making the application incompetent; res judicata objection required factual inquiry and failed.
* Judicial review — leave to apply for mandamus, prohibition and certiorari — supporting affidavit must be confined to facts or permissible statements of belief; must not contain legal argument, prayers or conclusions (Order XIX r.3 CPC).
* Civil procedure — affidavit defects — incurably defective affidavit renders the application incompetent and liable to be struck out.
* Civil procedure — preliminary objection — res judicata — objection must be a pure point of law; issues requiring factual investigation cannot be disposed of as preliminary objections.
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19 May 2017 |
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Failure to prove an unbroken chain of custody led to acquittal for alleged khat trafficking.
Criminal law – Narcotic trafficking – Chain of custody – Requirements for seizure, custody, transfer, sampling and disposition documentation; failure to produce inventory and lab documentation; proof beyond reasonable doubt.
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8 May 2017 |
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Appeal struck out because the notice of appeal referred to the wrong court/case, rendering the appeal incompetent.
Criminal procedure – Notice of appeal – Competence of appeal – Notice must correctly identify the decision and court appealed from; defective notice referring to a different court/case renders appeal incompetent and liable to be struck out.
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4 May 2017 |
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Extension of time granted where registry delay and late judgment notification, applicant having diligently followed up.
Extension of time – sufficient cause – late notification of High Court judgment and registry delays – applicant's diligence in following up – leave to appeal to Court of Appeal.
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2 May 2017 |
| April 2017 |
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Alleged illegality and late receipt of a taxing-master ruling justified extension of time to file a review.
Extension of time – sufficient cause – illegality of impugned decision as sufficient reason – delay in obtaining copy of ruling – non-fatal affidavit defects (case number omission, jurat typographical error) – breach of natural justice alleged.
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19 April 2017 |
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An appellate court will not disturb a trial court’s discretionary refusal to award costs absent unjudicial exercise.
Civil procedure — Costs — discretionary power under section 30 of the Civil Procedure Code; requirement to give reasons where costs do not follow the event; appellate interference only where discretion exercised unjudicially or on wrong principles; conduct on preliminary objection relevant to costs.
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13 April 2017 |
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Extension of time to appeal granted due to court administrative delay and applicants' diligence.
Civil procedure – extension of time to appeal – sufficient cause shown where delay attributable to court’s administrative errors and applicants’ diligent follow-up – withdrawn prior application and remittance for correction do not preclude extension – ex parte application where respondents absent.
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13 April 2017 |
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Extension granted where defective decree caused a technical delay and applicants promptly sought rectification and re-filed appeal.
Civil procedure – extension of time – good and sufficient cause – technical delay due to defective decree – appeal struck out – rectification of decree – applicant’s prompt action – precedents on technical vs actual delay.
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13 April 2017 |
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Application for leave to appeal out of time struck out for citing a form, not an enabling, provision.
* Civil procedure – jurisdiction – requirement to cite a specific enabling provision – form provisions do not confer jurisdiction; incompetency of application citing wrong provision; court may raise competency suo motu – application for leave to appeal out of time struck out.
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11 April 2017 |
| March 2017 |
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Wrong citation of procedural law rendered the application incompetent; affidavits were found valid and the application was struck out with costs.
Civil procedure – Application to set aside dismissal of an application – Whether Order IX Rule 9(1) CPC applies to applications or only to suits; Wrong citation of procedural provision renders application incompetent; Affidavits – jurat compliance with Oaths and Statutory Declarations Act; Use of inherent jurisdiction (Section 95 CPC) to restore dismissed applications.
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30 March 2017 |
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First appellate court proceedings were nullified for proceeding ex parte at a mention date, denying the appellant the right to be heard.
* Civil procedure — right to be heard — mention versus hearing — court must not proceed ex parte at mention and fix judgment date.
* Family law — cohabitation and division of assets — factual contention but procedural defect required rehearing.
* Appellate review — procedural irregularity vitiates appellate proceedings and requires nullification and rehearing.
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30 March 2017 |
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Plaint struck out for failing to state a specific value; locus standi and endorsement objections dismissed.
Civil procedure — Preliminary objections — Factual issues (ownership) cannot be decided as a pure point of law; Advocates Act s.44 — endorsement of name and address where parties act in person; Order VII r.1(i) — mandatory requirement to state specific value of subject matter for jurisdiction and court fees — omission renders plaint incurably defective and liable to be struck out.
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23 March 2017 |
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Failure to attach the decree to the memorandum of appeal was fatal and the appeal was struck out.
Civil procedure — Appeals — Memorandum of appeal must be accompanied by copy of the decree (Order XXXIX r.1(1) CPC) — Mandatory requirement — Failure to attach decree is fatal — Appeal struck out — Amendment to cure omission not granted.
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21 March 2017 |
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Extension of time granted where a timely but incompetent appeal was struck out and the applicant acted promptly.
Limitation Act s.14(1) — extension of time — technical delay where original appeal filed in time but struck out as incompetent — prompt action by appellant constitutes sufficient cause — Fortunatus Masha principle applied.
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21 March 2017 |
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A District Court’s transfer of a customary/Islamic probate matter was improper; the Primary Court retains jurisdiction absent High Court leave.
* Magistrates' Courts Act (Cap.11) – Jurisdiction of Primary Courts – Section 18 – Primary Court jurisdiction over civil matters where applicable law is customary or Islamic law. * Magistrates' Courts Act – Restriction on forum for customary inheritance matters – Section 63 – requirement of High Court leave or Republic as party. * Magistrates' Courts Act – Transfer of proceedings – Section 47 – circumstances for High Court-ordered transfers. * Revision – Improper transfer from Primary to District Court reversed; file remitted to Primary Court.
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21 March 2017 |
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The appeal was dismissed as time-barred under the Limitation Act; no extension of time was sought.
Civil procedure – Limitation of actions – Appeal against judgment – Time for filing memorandum of appeal is 90 days under the Limitation Act (Cap. 89 R.E. 202); failure to seek extension renders appeal incompetent; court may dismiss on preliminary point without addressing other objections.
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17 March 2017 |
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Wrong statutory citation (s.357(a) vs s.353(1) CPA) rendered the application for restoration of an exhibit incompetent.
Criminal procedure – Restoration of exhibits – Firearm admitted in evidence – Proper remedy under s.353(1) CPA – Wrong statutory citation (s.357(a)) renders application incompetent and is ground to strike out.
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13 March 2017 |
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Failure to prove sufficient cause (no particulars, no medical proof, no accounting for delay) warrants refusal to extend time.
Limitation Act s.14 – extension of time – requirement to show sufficient cause; appearance by advocate – representation binds party; need to account for delay and provide particulars/evidence (e.g., medical report); negligence in failing to follow up not sufficient cause.
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13 March 2017 |
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Affidavit attested abroad by a foreign notary not authorised in Tanzania is inadmissible; preliminary objection sustained, application struck out.
* Civil procedure – admissibility of affidavits sworn abroad – requirements under Notaries Public and Commissioners for Oaths Act (Cap.12).
* Evidence – authentication of documents executed outside the United Republic – application of Section 93(c)(i) of the Evidence Act.
* Procedural objection – defective affidavit – striking out of application with costs.
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9 March 2017 |
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Extension of time granted to appeal where first appellate court overlooked issues from the primary court.
* Civil procedure – Extension of time – Application under section 3, Civil Procedure (Appeals Originating from Primary Court) Rules, G.N. No. 312/1964 – Granting extension where first appellate court overlooked issues from Primary Court.
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8 March 2017 |
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Land-related reliefs must be filed as a land case in the proper registry or be struck out for lack of jurisdiction.
* Civil procedure — jurisdiction and registry — distinction between ordinary civil case and land case — land-related reliefs (restraint on dealing with land collateral; foreclosure) must be filed and admitted as land cases in the proper land registry. * Land law — foreclosure and mortgage-related disputes — procedural competence and registry requirements following Written Laws (Misc. Amendments) Act No.2 of 2010. * Interlocutory applications dependent on a main suit are incompetent once the main suit is struck out.
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7 March 2017 |
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Application struck out for failure to cite the correct sub‑rule and for a jurat omitting place and date, rendering the affidavit defective.
Civil procedure – representative suits – requirement to cite exact rule/sub‑rule (Order I Rule 8(1)) – non‑citation renders application incompetent; Affidavits – jurat must state place and date of attestation (s.8 Notaries Public and Commissioners for Oaths Act) – omission renders affidavit defective.
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7 March 2017 |