|
Citation
|
Judgment date
|
| December 2021 |
|
|
Applicant charged with unlawful possession of government trophies granted bail subject to stringent security and surety conditions.
Criminal procedure – Bail pending trial under EOCCA ss.29(4)(d) and 36(1) – Wildlife/trophy offences – Presumption of innocence – Grant of bail subject to stringent conditions (cash/immovable security, sureties, travel restriction, verification).
|
23 December 2021 |
|
A decree-holder may petition to wind up a company that cannot satisfy a court judgment; court may appoint a liquidator.
* Companies Act – Winding up – inability to pay debts – decree-holder (petitioning creditor) – failure to satisfy court judgment as ground for winding up. * Procedural compliance – service by Gazette and newspaper – ex parte hearing. * Bona fide dispute – when it bars a winding-up petition.
|
23 December 2021 |
|
Court appointed two heir-administrators after family consent and no caveat, ordering inventory in six months and accounts in twelve.
* Probate and Administration – Letters of administration – Granting letters to heirs where deceased died intestate – public citation and absence of caveat; family meeting minutes as evidence of consent; directions to administrators to file inventory and accounts.
|
23 December 2021 |
|
Applicant charged with manslaughter granted bail with statutory conditions under section 148 CPA.
* Criminal procedure – Bail under section 148(1) CPA – Manslaughter is a bailable offence – Court may grant bail where no risk of interfering with investigations or endangering applicants – Conditions under section 148(6) CPA (sureties, bail bond, ID, leave to travel, no further offences, assessment by Deputy Registrar).
|
23 December 2021 |
|
Accused in economic and wildlife offences granted bail subject to stringent security, surety and conduct conditions under EOCCA.
* Criminal procedure – Bail – Economic and organized crime – Application for bail under sections 29(4)(d) and 36(1) EOCCA – Offences held bailable subject to conditions under section 36(5) (as amended).
* Bail conditions – security deposit or immovable property, two local sureties, bail bond, ID verification, territorial restriction, good conduct and mandatory attendance.
* Constitutional protection – presumption of innocence; accused should not be unreasonably denied bail.
|
22 December 2021 |
|
Non-compliance with child-evidence and record-signing rules rendered the conviction incompetent; appeal allowed and appellant acquitted.
* Criminal procedure - child witness evidence - failure to conduct/record voir dire under s127(2) TEA renders testimony unsworn and questionable. * Criminal procedure - record of evidence - omission to sign proceedings contrary to s210(1)(a) CPA vitiates proceedings. * Criminal procedure - mandatory conviction formalities under s135(1) CPA - non-compliance renders judgment incompetent. * Remedy - retrial vs acquittal where conviction is tainted and appellant has served lengthy imprisonment (Manji principle).
|
22 December 2021 |
|
Weak identification, defective chain of custody and improper charging led to quashing of conviction and sentence.
Criminal law – Visual identification: requirements (light, proximity, duration, familiarity, earliest naming, identification parade); Recent possession doctrine – elements and need for corroboration; Chain of custody – necessity of seizure note/arresting officers’ evidence; Charging – improper multiplicity of counts for a single robbery; Burden of proof – prosecution must prove beyond reasonable doubt.
|
22 December 2021 |
|
Parties’ consent settlement in a labour dispute was recorded as an executable court decree and the suit marked settled.
Labour law – alleged breach – dispute settled by mutual deed of settlement; Consent judgment – settlement recorded and made executable; Deed of settlement – entire agreement, no unilateral variation, executed in originals; Court disposition – suit marked settled and capable of execution.
|
20 December 2021 |
|
Court granted co-administration to deceased's sons due to absence of caveat and consent of other heirs.
* Probate and Administration – Grant of letters of administration; eligibility of intestate heirs; absence of caveat; consent of other heirs; requirement to file inventory and final accounts.
|
20 December 2021 |
|
Probate granted to the named executor; will found valid; executor ordered to file inventory and final accounts within set timeframes.
* Probate law – Grant of probate to executor named in will – testamentary capacity and validity of will; * Administration of estate – duties of executor – requirement to exhibit inventory within six months and present final accounts within twelve months; * Court discretion to extend time and supervise administration.
|
20 December 2021 |
|
Court granted letters of administration to the deceased’s sons and ordered inventory and final accounts within statutory timelines.
* Probate and Administration – Grant of letters of administration – entitlement of heirs as administrators under section 56 of the Probate and Administration Act.
* Evidence – death certificate, government gazette citation, joint affidavit and witness testimony as proof for inheritance administration.
* Probate practice – requirement of bond, filing inventory within six months and final accounts within twelve months; court’s discretion to extend time.
|
20 December 2021 |
|
Suit struck out because the plaint was filed by an advocate without a valid practising certificate.
Local Government law – duty to notify District Executive Director vs right to be joined; Civil Procedure – Order VII Rule 3 – description of immovable property; Advocates Act – practising certificate requirement; pleadings filed by advocate without valid practising certificate are void.
|
20 December 2021 |
|
Leave granted to seek certiorari against a Ministerial extension of limitation period; DLHT proceedings not stayed pending a Tribunal objection.
* Administrative law – Judicial review – Leave to apply for prerogative orders of certiorari – Requirements for grant of leave and effect of uncontested application.
* Limitation law – Validity of Ministerial extension of limitation period – Compliance with section 44(2) of the Law of Limitation Act.
* Civil procedure – Stay of proceedings – Interaction between High Court leave for judicial review and pending preliminary objections before a tribunal; Rule 5(6) G.N. No. 324/2014.
|
17 December 2021 |
|
High Court granted leave and certified three legal points on primary court procedure and notice-of-appeal requirements.
Leave to appeal — certification of points of law — validation of Primary Court's breach of mandatory Rule 3 under doctrine of substantial justice; whether High Court could deem Notice of Appeal withdrawn under Court of Appeal Rules; applicability of mandatory notice requirements in Primary Courts (Administration of Estates) Rules.
|
17 December 2021 |
|
Appellant failed to prove respondents caused malicious damage and malice; appeal dismissed for lack of evidence.
* Criminal law – Malicious damage to property – elements: ownership, damage, causation, malice;* Evidence – insufficiency to prove causation;* Evidence – photographs inadmissible on appeal if not tendered at trial;* Procedure – request for remittal/additional evidence requires legal basis and proper procedure.
|
17 December 2021 |
|
Extension of time to file revision denied for failure to account for a 117-day delay and show sufficient cause.
Civil procedure – Extension of time to file revision – Applicant must show sufficient cause and account for every day of delay – 117-day delay held inordinate; extension refused – Factors: promptness, length of delay, prejudice, apparent illegality.
|
17 December 2021 |
|
The applicants were employed by a subcontractor, not the respondent; therefore the claim against the respondent was dismissed.
* Labour law – determination of employer–employee relationship – effect of subcontracting arrangements and required proof to show direct employment.
* Employment evidence – relevance of written employment contracts, payroll records, NSSF contributions and termination notices.
* Labour procedure – where no employer relationship exists, claims against the principal are inadmissible.
* Costs in labour disputes – dismissal without costs.
|
16 December 2021 |
|
Electronic filing in labour disputes counts as the filing date; a jurat missing a name is curable by amendment.
Labour law — revision of CMA award — limitation under s.91(1)(a) — date of filing and electronic filing — effect of absence of court fees; Evidence/Procedure — jurat of affidavit — requirement to state deponent’s identity — curable typographical defects and amendment.
|
16 December 2021 |
|
Sentence for unlawful possession of government trophy was illegal and must be set aside for the statutory mandatory sentence.
* Wildlife law – Unlawful possession of government trophy – s.86(2)(b) Wild Life Conservation Act – mandatory minimum sentence (fine of not less than ten times value or imprisonment 20–30 years).
* Criminal procedure – Illegal sentence – appellate duty to set aside and substitute a lawful sentence.
* Sentence – inadequate sentence contrary to statutory prescription renders sentence a nullity.
|
15 December 2021 |
|
Conviction unsafe where doctrine of recent possession failed due to absence of seizure receipt and contradictory prosecution evidence.
Criminal law – burglary/stealing – doctrine of recent possession – requirement to tender seizure note under s.38(3) Criminal Procedure Act – contradictions in prosecution evidence – insufficiency of proof renders conviction unsafe.
|
15 December 2021 |
|
Proforma invoices accepted by LPOs created a contract; defendant breached by non‑payment, counterclaim failed; plaintiff awarded unpaid invoices, damages, interest.
Contract formation — proforma invoice as offer — acceptance by Local Purchase Order and delivery notes creates binding contract; Sales of Goods Act on implied contracts. Breach — late payment of invoices entitles seller to damages; oral penalty term not enforceable if not in written offer. Counterclaim — proof of under‑supply and overpricing requires contemporaneous joint measurement and clear documentary evidence. Damages — specific damages must be strictly pleaded and proved; general damages awarded for business disruption. Interest — award of pre‑ and post‑judgment interest on decretal sum.
|
14 December 2021 |
|
Parties settled the appeal by consent; court adopted the settlement, ordered Tshs.15,500,000 payment and waived mutual claims.
Appeal by consent – parties filed deed of settlement – court adopts deed as consent judgment – payment order and waiver of claims – each party to bear own costs.
|
14 December 2021 |
|
Application for interim injunction to restrain use of disputed village land dismissed for lack of irreparable harm and adverse balance of convenience.
Land law – temporary injunction – Atilio v Mbowe tripartite test (triable issue, irreparable injury, balance of convenience) – irreparable harm vs. monetary compensation – Order XXXVII r.1(a) CPC – village land allocation dispute – preliminary objection on jurisdiction not decisive for interim relief.
|
13 December 2021 |
|
Failure to account for each day of delay and absence of prospects of success warranted refusal of condonation and affirmed CMA decision.
Labour law – condonation for late referral – duty to account for each day of delay; proof of date of service of termination notice; assessment of prospects of success where termination due to retirement/age and fixed-term contract; CMA’s consideration of Rule 11(3) factors; unopposed applications do not automatically attract condonation.
|
13 December 2021 |
|
Civil law governs probate; will held valid, clan meetings not required, caveator's claims unproven; probate granted.
Probate – Applicable law determined by testator's religion and testamentary intention – Validity of will under Indian Succession Act (attestation and genuineness) – Clan meeting not a statutory requirement for appointment – Burden to prove misappropriation and omitted heirs.
|
13 December 2021 |
|
Applicant entitled to repatriation and limited subsistence; respondent must issue termination letter and certificate of service.
Labour law — Section 43 ELRA — entitlement to repatriation and subsistence where contract terminated away from place of recruitment; employee notification and failure to attend affects subsistence entitlement; Section 44(2) ELRA — issuance of certificate of service mandatory; employer duty to issue termination letter; CMA condonation — proper exercise of discretion where arguable points of law and prospects of success exist.
|
13 December 2021 |
|
Condonation for technical delay upheld; dismissal substantively fair (admitted gross misconduct) but procedurally unfair due to detention.
* Labour law – condonation for late referral – technical delay; Fortunatus Masha principle and overriding-objective. * Procedural fairness – right to be heard – employee detained in custody; employer’s duty to adjourn or prove deliberate absence. * Substantive fairness – admission of misconduct may justify dismissal for gross misconduct despite procedural flaws. * Admissibility of late additional documents – parties should be given opportunity; discretion to admit under rules.
|
13 December 2021 |
|
Court granted six-month injunction restraining sale of mortgaged properties pending resolution of disputed security and forgery issues.
Temporary injunctions; Atilio v Mbowe test (prima facie case, irreparable injury, balance of convenience); disputed validity and timing of securities; alleged forgery of mortgage documents; protection of third-party interests (tenants, employees) vs. bank’s right to realise collateral.
|
13 December 2021 |
|
Applicant’s care of a seriously ill relative, supported by medical records, justified a 15‑day extension to file a revision.
* Labour procedure – extension of time (condonation) – whether applicant showed sufficient cause for 31‑day delay to file revision; relevance of caregiving for seriously ill relative as ground for extension.
* Procedural law – ignorance of law and financial inability to hire counsel – generally not good cause absent strong documentary proof.
* Evidence – standard of proof on balance of probabilities; admissibility and weight of medical records to substantiate caregiving excuse.
|
13 December 2021 |
|
Application to arrest judgment debtor struck out for defective submissions; leave granted to refile and to join proper parties.
Civil procedure – execution by arrest under Order XXI – requirements for naming judgment debtors; Advocates Act – filings must be made by an individual advocate not a law firm; failure to file ordered written submissions tantamount to failure to prosecute; discretionary leave to refile to avoid injustice.
|
10 December 2021 |
|
Whether a tribunal must visit the locus in quo to determine land size and boundaries before declaring ownership.
Land law – ownership dispute; necessity of locus in quo visit where size and boundaries are contested; weight of village council minutes versus tribunal's fact-finding; Operation Vijiji claims and adverse possession/long possession.
|
10 December 2021 |
|
Second appellate court reduced an unproven, excessive special damages award and dismissed the recusal claim.
* Civil damages – specific damages – must be specifically pleaded and strictly proven; expert valuation is guidance, not binding. * Evidence – misapprehension of evidence and over‑reliance on valuation can justify interference on second appeal. * Procedure – standards for judicial recusal; absence of trial‑level complaint defeats recusal claim. * Primary court practice – less rigid document production/admission compared to higher courts.
|
10 December 2021 |
|
Conviction for malicious damage quashed where malice, ownership and identification were not proved beyond reasonable doubt.
Criminal law – Malicious damage to property – ingredients (malice/intention; damage; ownership) – burden of proof; hearsay and uncorroborated evidence; unreliable valuation report; failure to evaluate alibi; unsafe conviction and compensation order set aside.
|
10 December 2021 |
|
Appellant failed to prove title; respondent’s sale agreement upheld and appeal dismissed with costs.
Land law – proof of title – insufficiency of permissive use letter to identify parcel; Sale agreements – purchaser’s title where sale from occupier’s son proved; Doctrine of res judicata – obiter remark set aside where decision reached on merits; Assessors – change alleged but record inconclusive, not a basis for nullity.
|
10 December 2021 |
|
Whether a district court could execute the appellant's ministerial employment order under a repealed law after the transition period.
Labour law — Execution of Minister's decision under repealed law — ELRA Third Schedule transitional provisions — Written Laws (Miscellaneous Amendments) Act No. 2 of 2010 — three-year limitation with possible ministerial extension — jurisdiction is statutory and lapses where transitional period expires.
|
10 December 2021 |
|
Acquittal alone does not prove malicious prosecution; lack of proof of malice or absence of probable cause defeats the claim.
Malicious prosecution — elements: prosecution by defendant; termination in plaintiff’s favour; absence of reasonable and probable cause; malice — burden of proof; acquittal alone insufficient to prove malice; reasonable cause may exist where complainant’s property or rights were invaded (e.g., cattle entering farm).
|
10 December 2021 |
|
Appellant failed to prove ownership; claim time-barred and tribunal correctly declared respondent owner; appeal dismissed with costs.
Land law – ownership dispute – proof on balance of probabilities; Limitation Act – suit to recover land time-barred after 12 years (adverse possession); documentary evidence – village allocation letter and boundary description; jurisdictional scope – tribunal may determine ownership where pleaded in defence.
|
10 December 2021 |
|
Appellant failed to prove allocation or ownership; prior admission and lack of evidence justify dismissal of the appeal.
* Land law – ownership of unsurveyed village land – proof of allocation under Operation Vijiji.
* Evidence – burden of proof in civil cases (ss.110, 111, 119 Evidence Act) and estoppel by admission (s.26 Evidence Act).
* Procedure – weight of evidence and role of locus in quo visit in boundary/possession disputes.
|
10 December 2021 |
|
Three plaintiffs proved lawful village allocations and entitlement to possession; other claims dismissed for insufficient proof.
Land law — village land allocations — proof of ownership by village council approval and documentary evidence; applicability of Village Land Act regulations to pre‑existing allocations; requirement that revocation/dispossession follow statutory procedures; failure to prove title where claimant does not adduce evidence.
|
10 December 2021 |
|
Applicant failed to prove an employment relationship or claimed damages; CMA award upheld and revision dismissed.
Labour law – employment relationship – presumption under s.61 Labour Institutions Act – factors: control, hours, economic dependence; Proof of unfair termination; General damages – requirement of causal wrongful act and proof; Distinction between profit-sharing/contractual arrangement and employee status.
|
8 December 2021 |
|
Court granted letters of administration pendente lite to protect a valuable estate and company interests pending probate resolution.
Probate law — Section 38 — Letters of administration pendente lite — Interim administrator powers and limitations — Preservation of high-value estate and company interests pending probate determination.
|
8 December 2021 |
|
A surviving spouse was granted letters of administration after proper citation and no objections, with statutory duties and a six‑month filing deadline.
Probate and administration – Letters of administration – Proper publication of citation and lapse of statutory period with no caveat – Fitness of surviving spouse to administer estate – Duty to collect assets and file inventory and final accounts within six months.
|
8 December 2021 |
|
Stay of execution refused for failure to show irreparable harm, likelihood of success, and due to dilatory conduct.
* Labour law – Stay of execution – application pending before CMA for extension of time – test for stay: irreparable harm, prima facie success, balance of convenience. * Procedural law – want of prosecution – repeated failure to appear undermines equitable relief and suggests dilatory tactics. * Civil procedure – stay of execution refused where applicant fails to demonstrate irreparable loss or reasonable prospects of success.
|
7 December 2021 |
|
Extension granted because alleged illegality in the Labour Commissioner’s decision constituted sufficient cause to extend time.
Labour law – extension of time to appeal – sufficient cause required; settlement negotiations not automatically sufficient cause; alleged illegality in impugned decision (failure to address legal issues) may justify extension; reliance on Principal Secretary v Devram Valambhia.
|
7 December 2021 |
|
Whether the applicant established sufficient cause and accounted for 117 days' delay to justify extension of time for revision.
Extension of time – requirement to show sufficient cause and account for each day of delay – 117 days’ delay held inordinate; discretion of court to be exercised judiciously – considerations: promptness, length of delay, prejudice to respondent, and apparent illegality – Law of Limitation Act s.14(1) and Land Disputes Courts Act s.41(2).
|
7 December 2021 |
|
|
6 December 2021 |
|
Applicant failed to show sufficient cause or account for each day of delay; extension of time refused.
Labour procedure — extension of time — Rule 56(1), GN No.106/2007 — requirement to account for each day of delay — sufficient cause and diligence — Lyamuya guidelines applied.
|
6 December 2021 |
|
Applicant’s dismissal for abscondment upheld; CMA must order issuance of mandatory certificate of service.
Employment law – termination for absenteeism/abscondment – substantive fairness; Disciplinary procedure – procedural fairness and mitigation opportunity; Remedies – entitlement to salary; Mandatory issuance of certificate of service under s.44(2) ELRA.
|
6 December 2021 |
|
Termination for abscondment upheld; CMA must nonetheless order issuance of a certificate of service.
Employment law – termination for abscondment – requirement to return to work after police bail; procedural fairness in disciplinary hearings – mitigation opportunity; entitlement to salary for unworked period; mandatory issuance of certificate of service on termination (s.44(2) ELRA).
|
6 December 2021 |
|
A one‑paragraph appellate judgment lacking reasons fails legal requirements and is set aside for rehearing.
Criminal appeal — adequacy of appellate judgment — requirement to state facts, issues, reasons and show application of mind — defective one‑paragraph judgment set aside — rehearing ordered.
|
3 December 2021 |