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Citation
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Judgment date
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| December 2020 |
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An incurably defective charge sheet renders proceedings incompetent and should be struck out, not dismissed, permitting possible re‑institution.
* Criminal procedure – defective charge sheet – proceedings declared a nullity – appeal incompetent; * Civil/criminal procedure – distinction between striking out and dismissal of an appeal; * Revisionary jurisdiction – section 29 Magistrates' Courts' Act – power to set aside and substitute orders; * Effect of striking out – does not bar re-institution of appropriate proceedings.
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29 December 2020 |
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Sentence for unlawful possession was illegal and excessive; appellant ordered released due to incorrect sentencing and time served.
Wildlife offence — Unlawful possession of government trophy; Defective charge — wrong statutory citation; Illegal/excessive sentence — statutory penalty three times value or 10–20 years; Admissibility/certainty of seizure notes and cautioned statements; Destruction of perishable exhibits — accused’s involvement and inventory required.
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29 December 2020 |
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High Court granted bail in leading organized crime charge, finding jurisdiction and imposing stringent security and surety conditions.
Economic and Organized Crimes Act – Bail – Jurisdiction of High Court where charge does not specify value; Presumption of innocence; Patel v. Republic factors (availability, risk of further offending, interference with investigation, gravity of offence); Bail conditions – cash or immovable property security; surety requirements; verification by court registrar.
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28 December 2020 |
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Applicants charged with organized economic crime were granted bail pending trial, subject to strict monetary and surety conditions.
* Criminal procedure — Bail — Economic and organized crime — Jurisdictional issue where charge sheet omits value — High Court discretion to grant bail where prosecution does not oppose. * Bail conditions — cash deposit or immovable property, reliable surety, bail bond, identification and verification by court officers. * Constitutional and statutory foundations invoked: Article 108(2) Constitution; Economic and Organized Crime Control Act; Criminal Procedure Act.
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28 December 2020 |
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A district court lacked jurisdiction to hear a revision filed beyond the statutory twelve‑month limit; its proceedings were quashed.
* Civil procedure – Jurisdiction – Revisional jurisdiction of District Court over matters from Primary Court – limited by section 22(4) Magistrates' Courts Act (12‑month limit).
* Time bar – Revision determined after statutory period – renders District Court without jurisdiction.
* Consequence – Proceedings, drawn order and ruling of a court lacking jurisdiction are quashed and set aside.
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23 December 2020 |
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Letters of administration granted after publication and family appointment; administrator ordered to file inventory and accounts.
* Probate & administration – Grant of letters of administration – publication of citation and absence of caveat – family/clan appointment – duties of administrator: exhibit inventory within six months and file final accounts after twelve months.
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22 December 2020 |
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Temporary injunction granted pending land suit after applicant showed prima facie case, irreparable harm, and balance of convenience.
* Civil procedure – Temporary injunction – Requirements: prima facie case/serious issue, irreparable injury, balance of convenience (Atilio test).
* Land law – Possessory orders and subsequent developments – effect of earlier possessory judgment on interlocutory relief.
* Interim relief – protection of occupiers and maintaining peace pending determination of land disputes.
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22 December 2020 |
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First appellate court failed to decide framed issues; respondent proved debt on balance of probabilities, trial judgment upheld.
Civil procedure – Appellate duty to re-hear and decide framed issues; failure to address issues or give reasons is a miscarriage of justice. Evidence – oral contracts and exhibit admitted; proof on balance of probabilities under s.110 Evidence Act. Res judicata – cannot be raised and decided on appeal when not pleaded or argued at trial.
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18 December 2020 |
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Appeal struck out for absence of mandatory Notice of Intention to Appeal and late filing; liberty granted to refile.
* Criminal procedure – Notice of Intention to Appeal – mandatory under section 361(1)(a) – absence renders appeal incompetent. * Time limits – petition of appeal to be filed within 45 days under section 361(1)(b) – necessity to produce order extending time. * Consequence – striking out incompetent appeal; liberty to refile with fresh notice and petition.
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18 December 2020 |
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Revision appropriate where magistrate decided merits without hearing; objection-proceeding remedies and procedural fairness clarified.
Civil procedure — Revisional versus appellate jurisdiction — Revision cannot substitute appeal except in exceptional circumstances; full record required for revision. Objection proceedings — Remedies under Order XXI Rule 62 (fresh suit) and section 74(2) (appeal where preliminary objection finally disposes). Procedural fairness — Right to be heard; returning matters for de novo hearing where magistrate decided merits without hearing parties. Abuse of process — Allegations require evidential proof; multiplicity of applications alone is insufficient.
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18 December 2020 |
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Failure to prove victim's age and unlawful magistrate takeover rendered the convictions unsafe.
Criminal law – Statutory rape – necessity to prove victim's age; citation in charge or magistrate’s remark is not proof. Criminal procedure – Reassignment/takeover of partly heard trial – section 214(1) Criminal Procedure Act – failure to record reasons or allow recall of witnesses renders trial a nullity. Evidence – impregnating a pupil – need to link pregnancy to accused; expungement of exhibits not read in court affects prosecution case.
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17 December 2020 |
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Ward Tribunal judgment based on untested family‑meeting minutes breached right to be heard and was quashed and remitted.
* Civil procedure – Ward Tribunal proceedings – reliance on family‑meeting/mediation minutes not adduced in evidence – right to cross‑examination and natural justice.
* Tribunal competency – mere naming (Baraza la Ardhi Kata) does not invalidate proceedings absent prejudice.
* Revision jurisdiction – illegality consisting of denial of hearing is revisable under section 36(1) of Cap 216.
* Remedy – nullity and remittal for fresh judgment where proceedings vitiated.
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17 December 2020 |
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Ignorance of law and unexplained delay do not justify extension to set aside a dismissal order.
Civil procedure – extension of time – sufficient cause – applicant must account for each day of delay; ignorance of law or being a lay person is not sufficient cause; alleged illegality must be apparent on the face of the record to justify extension; applications filed to frustrate execution may be dismissed as not in good faith.
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17 December 2020 |
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Uncertain description of the suit land rendered lower tribunals' judgments non-executable; proceedings quashed and set aside.
* Land law — requirement for clear, certain description of suit property — judgments without identifiable size/boundaries non-executable. * Civil procedure — non-joinder of purportedly necessary party (village council) — where land description defect is fundamental court may nullify proceedings. * Jurisdiction — pecuniary jurisdiction dependent on reliable valuation; conflicting valuations should be resolved by calling valuers or at locus in quo. * Revisional powers — High Court may quash orders of subordinate land tribunals where proceedings are fatally defective.
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17 December 2020 |
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Applicant lacked authority and time to seek revision; revision improperly used instead of an appeal.
Land — Revision jurisdiction under s.43(1)(b) Cap. 216 — Locus standi of former administrator — Validity and expiry of power of attorney — Time bar for revision and requirement to show extension — Revision vs appeal; need for exceptional circumstances — Requirement to plead and prove error material to merits.
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17 December 2020 |
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Agreement signed while in police custody was induced by coercion/undue influence and therefore void ab initio.
* Contract law – validity – free consent, coercion and undue influence (Law of Contract Act ss.10,13–16) – contract void ab initio when consent induced by police/state actor pressure; * Evidence – attesting/state attorney absence undermines probative value of written agreement; s.101 Evidence Act inapplicable where writing is not mandatorily exclusive; * Remedies – refund and general damages; counterclaim dismissed.
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16 December 2020 |
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Failure to read assessors' opinions rendered the tribunal judgment a nullity, prompting nullification and retrial.
Land appeal — time computation — exclusion of period obtaining judgment/decree under Law of Limitation s19(2); Trustees Incorporation — registered trustees have capacity to hold land; Foreigners — cannot hold village land except as permitted, but trusteeship/consent may permit acquisition; District Land and Housing Tribunal procedure — assessors’ opinions must be recorded and read to parties before judgment; Failure to read assessors’ opinions vitiates proceedings; High Court revisional powers — nullification and retrial ordered.
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16 December 2020 |
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Court granted extension to appeal, finding the deceased litigant's illness amounted to sufficient cause; alleged illegality was not apparent.
Land — extension of time to file appeal — sufficient cause — sickness of litigant as ground for extension; Illegality must be apparent on the face of the record; Administrator permitted to continue deceased's proceedings.
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16 December 2020 |
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Voluntary winding-up petition struck out for failure to advertise in the Government Gazette, lack of liquidator appointment, and defective forms.
* Companies Act – Voluntary winding up – members’ resolution – statutory compliance with s333(1)(a).
* Companies Act – Advertisement requirement – mandatory Gazette notice within 14 days under s334(1).
* Companies Act – Liquidator – company in general meeting must appoint liquidator(s) under s340(1); Court cannot impose one in voluntary winding up.
* Civil procedure – Formalities – unsigned/undated/unattested petition forms render petition defective and liable to be struck out.
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16 December 2020 |
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An order setting aside an ex-parte judgment is interlocutory and not appealable; appeal struck out as incompetent.
* Civil procedure – Appealability – Order setting aside ex-parte decree or judgment – Interlocutory order not appealable except when application to set aside is refused.
* Civil Procedure Code (Cap 33 R.E.2019) – Section 74(2) and Order IX rule 13 – prohibition against appeals from orders not finally determining a suit.
* Appeal competence – Premature appeals against interlocutory orders – strike out with costs.
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15 December 2020 |
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Technical delay and prompt diligence amounted to sufficient cause to extend time to file an application for leave to appeal.
* Civil procedure — extension of time — sufficient cause/good cause required; factors: length of delay, reasons, prejudice, diligence, point of law.
* Appeals — technical delay (striking out for procedural defects) can constitute sufficient cause for extension.
* Courts — discretionary power to extend time exercised where applicant acted promptly and delay is excusable.
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15 December 2020 |
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Applicant with title interest must be joined as co-defendant to allow full adjudication of ownership and avoid multiplicity.
Land law – Joinder of parties – Order I Rule 10(2) CPC; Necessary party – presence required to effectually and completely adjudicate ownership; Joinder where orders would legally affect interests or enable defendant’s defence; Pending appeal on title does not bar joinder; Avoidance of multiplicity of suits and protection of right to be heard.
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15 December 2020 |
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A land tribunal retains jurisdiction over trespass to property not pledged as SACCOS collateral despite Regulation 83(1)'s internal dispute mechanism.
* Cooperative Societies – dispute resolution – Regulation 83(1)/Regulation 130(1) – requirement of negotiation/reconciliation for disputes concerning SACCOS business.
* Jurisdiction – land tribunals retain competence over land/trespass disputes even where a party is a SACCOS member; attachment of non-collateral property not automatically within SACCOS business.
* Res judicata – plea requires sufficient factual and evidential basis; cannot be sustained on preliminary materials alone.
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14 December 2020 |
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Leave to appeal granted because the applicant raised arguable points of law and alleged procedural irregularities.
Land appeal — Leave to appeal to Court of Appeal — Discretionary grant under s.47(2) LDCA — Requirement of arguable point of law or apparent illegality — Procedural fairness/natural justice where judge raises issues not addressed by parties — Contradictory judgments on same subject matter.
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14 December 2020 |
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Whether a company under administration may institute proceedings without administrator's consent or court leave.
Companies Act — administration order — moratorium on proceedings under s.250(3)(d) — distinction between proceedings against a company and proceedings by the company — competence to sue without administrator's consent where administrator is joined or has sought extension; expiry of administration period and effect of pending extension application.
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14 December 2020 |
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Whether village-assembly approval vests title absent fulfilment of conditions; prior allocation invalid and trespass established.
* Village land – Allocation by village council and village assembly – Effect of assembly approval where conditions (contracts, payments) remain unfulfilled – ownership conditional until conditions satisfied.
* Validity of alleged prior allocations – land vested in third party (Ministry) at time of purported allocation – such allocations confer no good title.
* Burden of proof in land claims – party alleging title must produce minutes/resolutions and reliable documentary evidence.
* Trespass – where claimant fails to prove title, occupying party declared trespasser.
* Pleadings – parties bound by their pleadings; later oral departures disregarded if prejudicial.
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14 December 2020 |
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Extension of time granted where technical delay and arguable illegality/jurisdictional point justified filing appeal out of time.
Extension of time – Law of Limitation Act s.14(1) – technical delay vs. negligence – Fortunatus Masha – Lyamuya criteria (account for delay, not inordinate, diligence, point of law/illegality) – jurisdictional challenge in adultery claim under Law of Marriage Act s.75.
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11 December 2020 |
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Material discrepancies between electronic, paper and served filings led to striking out a third‑party extension application; refile permitted with compliance.
Civil procedure — Electronic filing — Discrepancies between electronic, physical and served documents; authenticity and production of originals — Judicature and Application of Laws (Electronic Filing) Rules 2018 (Rules 14(1), 17); Third‑party procedure — Applicable time limit — Order I Rule 17 governs third‑party defences (not Order VIII A Rule 1(3)); Abuse of court process — inconsistent filings; Overriding objective cannot cure deliberate/documentary irregularities.
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11 December 2020 |
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10 December 2020 |
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Conviction quashed due to defective chain of custody, non‑involvement in destruction/sampling and material contradictions.
Criminal law – Trafficking in narcotic drugs – Chain of custody – seizure, custody, sampling and destruction – necessity of documenting transfers and involving accused in destruction/inventory; admissibility and proof of analyst's report – summoning of Government Chemist advisable where accused object; material contradictions – place and timing of arrest may vitiate prosecution case.
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10 December 2020 |
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Circumstantial evidence and corroborated co-accused testimony upheld the appellant’s conviction for cattle theft.
Criminal law – cattle theft – circumstantial evidence – requirements for reliance on circumstantial proof – co-accused testimony – corroboration – burden of proof – appeal dismissed.
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10 December 2020 |
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Objection to an administrator is premature until required inventory/accounts are filed; no mismanagement proved, appeal dismissed.
Probate and administration – Objection to administrator – Objection premature where inventory/accounts (Forms 5 & 6) not filed; locus to sue—"interested persons"/beneficiaries; misapplication of estate requires proof and, if proved, administrator must make good loss; court may revoke appointment for good cause.
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4 December 2020 |
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Application for extension of time to set aside ex parte decree dismissed—applicants failed to show sufficient cause; preliminary objections overruled.
* Civil procedure – extension of time – application under s.14(1) Law of Limitation Act – requirement to show sufficient cause and account for delay.
* Preliminary objections – competence and time‑barred objections – court must correctly identify the nature of the application before sustaining objections.
* Illegality as ground for extension – alleged illegality must be established; presence of counsel at hearings undermines claim of lack of notice.
* Procedural consequence – filing written statement of defence out of time and order to proceed ex parte effectively obliterates that document from record.
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4 December 2020 |
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Applicant appointed administratrix of intestate estate and ordered to file inventory and account within statutory periods.
* Probate and Administration – appointment of administratrix of intestate estate – qualification of petitioner – evidence: death certificate and clan meeting minutes – identification of estate assets – directions to file inventory and account under s.107(1) – no costs.
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4 December 2020 |
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Applicant charged with unlawful possession of high-value government trophy granted bail subject to substantial monetary security and sureties.
* Criminal procedure – Bail pending trial – Whether accused charged with unlawful possession of government trophy is entitled to bail – Bail conditions where alleged proceeds/property are high value – Application of section 36(5) EOCCA and section 148(3) CPA.
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4 December 2020 |
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A 50% monthly interest clause was illegal; appellant entitled to principal Tshs 30,060,000 and costs.
Contract law – debt settlement – enforceability of interest clauses; Illegality of exorbitant interest where charging interest is a business transaction requiring licence; Civil procedure – costs follow event and requirement to assign reasons when refusing costs; Confirmation of principal debt after admitted payments.
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4 December 2020 |
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High Court granted bail to applicants charged with unlawful possession of government trophies, on cash and surety conditions.
Criminal procedure – Bail – High Court grant under certificate of urgency where subordinate court could not hear bail; Wildlife Conservation Act – unlawful possession of government trophies; Economic and Organized Crimes Control Act; prosecution’s lack of opposition; bail conditions: cash or immovable security, two sureties, bond, travel restriction.
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2 December 2020 |
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High Court granted bail under EOCCA despite high-value alleged trophy, imposing cash/property security and surety conditions.
* Criminal procedure – Bail under the Economic and Organized Crimes Control Act – High Court jurisdiction where value of subject exceeds Tshs.10,000,000 preventing lower court from granting bail; application of s36(5) conditions.
* Bail considerations – presumption of innocence; availability for trial; risk of reoffending; risk of interfering with investigation; gravity of charge.
* Bail security – cash deposit or immovable property and sureties with identification and bail bonds.
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2 December 2020 |
| November 2020 |
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High Court found jurisdiction despite cooperative dispute mechanisms and ordered apportionment of guarantor liability; appeal partly allowed.
Cooperative societies — internal dispute resolution versus court jurisdiction; Registrar's role; guarantor liability; recovery from guarantors; apportionment of securities and seized goods.
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27 November 2020 |
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High Court lacks jurisdiction to certify or extend time for appeals from courts exercising extended jurisdiction.
* Land Disputes Courts Act s.47(2) – certification of point of law – jurisdictional limits when impugned decision from subordinate court exercising extended jurisdiction; * Extended jurisdiction – appeals from subordinate courts with extended jurisdiction lie directly to the Court of Appeal; * High Court – no power to grant extension of time or certify points of law in matters originating from courts exercising extended jurisdiction.
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27 November 2020 |
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Advocates' caveats in Primary Court are invalid; probate petitions may avoid time‑bar if related proceedings exclude the delay.
* Probate and administration – Primary Courts – advocates are not permitted to appear or file documents in Primary Courts – caveats filed by advocates are invalid.
* Limitation – Probate petitions in Primary Courts governed by GN.311/1964 – no fixed filing period; delay is assessed on facts.
* Law of Limitation Act s.22(1) – exclusion of days when related proceedings are pending may prevent a petition being time‑barred.
* Family meetings – subsequent family meetings may validly appoint new administrators.
* Procedural fairness – a trial court must not determine objections founded on incompetent filings.
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27 November 2020 |
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Court upheld co‑administrators' appointment and properly rejected reliance on an un‑tendered will.
Probate law – admissibility and provenance of wills – document must be tendered and properly admitted before court can act on it; court may reject reliance on an un‑tendered will but should not declare it void absent evidence; judgments must be grounded on evidence properly adduced; appointment of administrators upheld where will improperly before trial court.
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26 November 2020 |
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Extension granted where applicant promptly withdrew a timely but incompetent appeal and sought revision within eight days.
* Civil procedure – extension of time – s.14(1) Law of Limitation Act – requirement of "sufficient cause"; factors: length of delay, reason, arguability, prejudice (Mbogo v Shah). * Technical delay vs actual delay – timely but incompetent remedy (appeal) withdrawn; extension appropriate (Fortunatus Masha v Shija). * Promptness and lack of prejudice as grounds for granting enlargement of time.
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26 November 2020 |
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High Court granted bail for an economic offence exceeding Tshs.10,000,000 subject to statutory security and conditions.
* Criminal procedure – Bail in economic crimes – jurisdictional bar where alleged property exceeds Tshs.10,000,000; High Court jurisdiction to grant bail. * Economic and Organized Crimes Control Act – section 29 and section 36(5) (as amended) – offences bailable subject to conditions. * Bail conditions – cash or immovable property security, sureties, identification, restriction on movement, verification by Deputy Registrar.
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25 November 2020 |
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An affidavit must support the chamber summons; an incurably defective affidavit renders the application incompetent and is struck out.
* Criminal procedure – extension of time to appeal – procedural requirement that affidavit must support the chamber summons' prayers.
* Civil procedure – defective affidavit – where defect goes to the root of the matter the entire application is incompetent.
* Precedent – Nicodemus Mwita v Bulyachulu Gold Mine Ltd: defective affidavits affect whole applications.
* Remedy – striking out an incurably defective application.
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25 November 2020 |
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Valid sale and addendum found; seller breached by not surrendering title, ordered to repay instalments with contractual and post-judgment interest.
Contract law – Sale of land; validity of agreement and addendum; seller’s obligation to surrender mother title and obtain tax clearance; representation as to encumbrances; breach and remedies including contractual penalty interest and repayment; director’s personal liability (joint and several).
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24 November 2020 |
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Plaintiff awarded USD200,000 for breach of 30 December 2014 payment agreement; no proof of 26 February 2006 contract.
Contract law — existence and proof of contract (undated document) — variation/settlement agreement — breach of agreement to pay USD 200,000 — damages under section 73 Law of Contract Act — performance obligations under section 37.
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24 November 2020 |
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A subsequent written agreement fixed the respondent’s liability at USD 200,000, superseding the earlier larger construction claim.
* Contract law – existence and effect of a subsequent written agreement – whether a later contract (30/12/2014) modified or superseded earlier claims under a 2006 construction contract.
* Evidence – admissibility and effect of documentary exhibits and witness admissions in proving outstanding debt.
* Remedies – quantification of damages under modified agreement and entitlement to costs.
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24 November 2020 |
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Appeal allowed: malicious prosecution and defamation awards set aside for lack of proof and trial court misdirection.
Malicious prosecution — elements required: prosecution by defendant, acquittal, absence of reasonable and probable cause (malice), and damages; acquittal alone insufficient; Civil procedure — trial courts must decide only issues on record; cannot award reliefs for unpleaded causes (defamation) without amended pleadings; appeal — trial court judgment quashed for misdirection and lack of proof.
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24 November 2020 |
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An appellant's prior admission of debt bars unsubstantiated new defenses on appeal; appeal dismissed with costs.
* Civil procedure – effect of admission – judgment based on admitted facts lawful and binding.
* Appeal – fresh evidence/retrial – conditions for reception: diligence, probable influence, apparent credibility.
* Contract/debt – oral agreement for sale – admission of balance TShs.300,000 upheld; execution by attachment and auction affirmed.
* Set-off/lien – unpleaded allegations unsupported by evidence cannot be raised for the first time on appeal.
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24 November 2020 |