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Citation
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Judgment date
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| February 2023 |
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Variance in place of arrest/seizure and defective seizure documentation vitiated the prosecution's case; convictions quashed.
Criminal law – variance between charge sheet and evidence as to place of offence – defective charge going to root of case; Evidence – reliance on arresting officer without independent corroboration; Search and seizure – defects in certificate of seizure (unclear place, absence of independent witness signature, lack of receipt) and their effect on proof; EOCCA/CPA procedural compliance and effect on conviction; Retrial considerations where evidence is insufficient.
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28 February 2023 |
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Delay caused by defective/late supply of judgment is excluded from limitation; extension granted and ten days allowed to appeal.
Land law — extension of time to appeal — delay caused by late or defective supply of judgment/decree by trial tribunal — section 19(2) & (3) Law of Limitation Act — exclusion of time for obtaining copies — discretion to condone delay.
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28 February 2023 |
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Tribunal erred in dismissing land application; counsel's attendance in High Court and notice by advocate holding brief amounted to good cause.
Land procedure — dismissal for non-appearance — application to set aside — Reg. 11(2) GN 174/2003 discretionary power — requirement to show good cause — attendance of counsel in other High Court matters and notification by advocate holding brief can constitute sufficient proof of good cause.
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28 February 2023 |
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Termination before expiry of a fixed-term contract was substantively unfair; refusal to accept a warning pending legal advice was not gross misconduct.
Labour law – fixed-term contract – unilateral termination before expiry – applicability of unfair termination principles; disciplinary procedure – refusal to accept document pending legal consultation not gross insubordination; remedy – payment of salary for unexpired contract period.
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27 February 2023 |
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Section 37(1)(d) grants the High Court exclusive jurisdiction over all proceedings involving parastatals listed in GN. No. 41 of 1992; appeal dismissed with costs.
Land law – Jurisdiction – Section 37(1)(d) Land Disputes Courts Act – "all proceedings" involving public parastatals specified under GN. No. 41 of 1992 confer exclusive original jurisdiction to the High Court; scope not limited to tenancy disputes; repeal of parent act did not automatically inoperative subordinate order.
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24 February 2023 |
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General damages set aside for lack of proof; 24 months' compensation and severance upheld for unfair summary dismissal.
Labour law – unfair termination (substantive and procedural) – compensation under s.40(1)(c) – when compensation may exceed 12 months; general damages – requirement of proof of personal injury or mental anguish; severance pay – calculation on basic wage; reinstatement vs compensation; review of CMA award.
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24 February 2023 |
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Appellant failed to prove borehole was substandard; lack of expert evidence led to dismissal of appeal.
Contract – breach claim for defective borehole – necessity of expert evidence to prove technical defects; oral contract and well data sheet as evidential matters; appellate review standards; obiter dictum lacks legal effect.
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23 February 2023 |
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Labour Court nullified CMA ruling that set aside an ex‑parte award for exceeding tribunal's jurisdiction and remitted the matter.
Labour law – ex‑parte award – interlocutory orders – revisional jurisdiction – arbitrator exceeding jurisdiction by determining merits on an extension application – remission for rehearing.
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23 February 2023 |
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Non-renewal of a fixed-term contract is not unfair termination absent an objectively provable reasonable expectation of renewal.
Labour law – Fixed-term contracts – automatic termination on expiry; non-renewal not automatically unfair. Reasonable expectation – employee must prove objective basis (e.g., express promise or contractual term) under Rule 4(5) Code of Good Practice. Suspension/pending criminal investigation – does not of itself create right to renewal. Relief – CMA award quashed for failing to require proof of reasonable expectation.
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23 February 2023 |
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Late delivery of certified ruling justified extension of time to file a reference; applicant given 21 days to lodge it.
Advocate Remuneration Order – time limit for reference – Order 7(2) – late supply of certified copies as sufficient cause for extension – uncontested application – costs order that parties bear own costs.
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22 February 2023 |
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Application for interim injunction to restrain sale of mortgaged property granted pending resolution of alleged inducement dispute.
Civil procedure – Interim injunction – Principles in Atilio v Mbowe: prima facie triable issue, irreparable harm, balance of convenience – Mortgage enforcement vs. allegation of inducement to sign guarantee – Land Act enforcement rights and pending judicial determination.
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22 February 2023 |
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Conviction for receipt of USD6,000 as a corrupt facilitation fee upheld; solicitation conviction quashed; sentence found defective.
Criminal law – Corruption – Section 15(1)(a) & (2) – Receipt of advantage as corrupt transaction – Distinction between soliciting and receiving – Facilitation fee versus government payment – Charge-sheet variance curable under section 388(1) CPA – Sentencing: requirement to specify penalties per count and that imprisonment in default of fines run consecutively.
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22 February 2023 |
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Primary courts may grant letters of administration despite delay and pending land disputes absent proof of jurisdictional defect.
Probate jurisdiction; Primary Courts and time limitation; application of Fifth Schedule to the Magistrates Courts Act; probate where land disputes exist; legality of letters of administration; revisional powers of District Court.
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22 February 2023 |
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Extension of time granted where delay caused by court’s correction of its ruling and applicants acted diligently.
Extension of time – good cause – delay caused by court’s correction of its ruling – diligence of applicant – e‑filing attempt not admitted due to unpaid fees – exercise of discretionary power to extend time (Mbogo principles).
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21 February 2023 |
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Applicant granted leave to defend summary rent suit after affidavit disclosed triable issues including disputed indebtedness and limitation.
Civil procedure – Summary suit – Order XXXV Rule 3(1)(b) CPC – leave to appear and defend – requirement to disclose triable issues and fair and reasonable defence. Evidence – sufficiency of affidavit in support of application for leave to defend. Lease/rent disputes – disputed indebtedness, limitation and alleged counterclaim for renovation costs caused by flood.
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17 February 2023 |
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Adoption granted where petitioner provided stable foster care, children’s welfare favored adoption, and consent was lawfully dispensed.
Adoption law – suitability of adopter – assessment by Guardian ad Litem and court inquiry Child welfare – best interests principle as paramount in adoption decisions Dispensation of parental/guardian consent under s.57 where parents/relatives are deceased, untraceable or unwilling Registration of adoption – obligation on Registrar under s.70
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17 February 2023 |
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An application for stay of execution must be supported by consistent pleadings and show a pending proceeding; otherwise it is incompetent.
Civil procedure – stay of execution – Order XXI rr.24,27 and section 95 CPC – requirement that chamber summons and affidavit be consistent; Stay of execution requires existence of a pending appeal/revision/other proceeding; Pleadings – variance between chamber summons and affidavit renders application incompetent.
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17 February 2023 |
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Applicant failed to account for delay and alleged illegality was not apparent; extension of time to file revision dismissed.
Labour law — Extension of time — Applicant must account for each day of delay and show sufficient cause; technical delays require prompt action; alleged illegality must be apparent on face of record to justify extension; affidavits must support submissions from the bar.
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17 February 2023 |
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Vehicle unlawfully impounded and sold without proper procedure; plaintiff awarded compensation, damages and interest.
Road and vehicle impoundment – legality of seizure – burden of proof on party alleging lawful impoundment. Road Act and Road Management Regulations – compliance with notification and sale procedures for impounded vehicles. Sale/auction of impounded property – effect of unlawful impoundment on validity of subsequent sale. Remedies – declaratory relief, compensatory and general damages, interest; costs allocation.
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16 February 2023 |
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Court held plaintiff retained ownership; customary right certificate issued to 1st defendant revoked for lack of consent.
Land law – customary right of occupancy – survey and registration – need for owner’s consent where registration effects transfer; invitee v. owner; adverse possession inapplicable where possession was permissive; right to be heard in village proceedings; revocation of wrongly issued customary right certificate.
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16 February 2023 |
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Unfulfilled promises to pay do not, without evidence, justify extension of time to institute labour claims.
Labour law – condonation for late filing – whether employer's promises constitute good cause for extension of time – need for documentary evidence to account for delay – right to be heard subject to statutory time limits.
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16 February 2023 |
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A blanket verification in an affidavit is defective; court allowed amendment but condemned the applicant to costs.
Civil procedure – affidavits – verification clause – requirement to specify which paragraphs are based on personal knowledge and which on information or belief; source of information must be disclosed. Preliminary objection – affidavit defect – competence – blanket verification renders affidavit defective. Overriding objective – limits – court discretion to allow amendment of defective affidavit but not to disregard mandatory procedural requirements. Relief – leave to amend affidavit granted; costs awarded to respondent.
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15 February 2023 |
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Court granted resealing of foreign letters of administration after statutory publication and absence of objection.
Probate — Resealing of foreign letters of administration — Section 95 Probate and Administration of Estates Act — compliance with Probate Rules (publication/citation) — recognition of grants from Commonwealth jurisdictions — absence of caveat.
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14 February 2023 |
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The court upheld the land tribunal’s finding that respondents lawfully own the land based on family distribution and probate records; appeal dismissed with costs.
Land law – ownership dispute arising from distribution of deceased's estate; Evidence – admissibility and weight of family meeting minutes and probate Forms No. V and VI; Civil procedure – jurisdictional limits of Land Tribunal to challenge probate/mirathi proceedings; Burden of proof – section 119 Evidence Act; Limitation – applicability to revived probate distribution; Assessors – requirement to record and consider assessors’ opinion.
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13 February 2023 |
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A competence objection should lead to striking out, and retrial orders to Ward Tribunal are impacted by the 2021 removal of its adjudicatory jurisdiction.
Land law – competence and preliminary objection – point of law on competence requires striking out, not dismissal; natural justice – right to be heard upheld where counsel argued competence; retrial orders – effective when Ward Tribunal had adjudicatory jurisdiction (pre-2021); legislative change (2021) removing Ward Tribunal's adjudicatory powers may render prior retrial orders impracticable; remedy — fresh suit in competent forum with exclusion of limitation period.
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13 February 2023 |
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Delay in bringing accused and minor search irregularities did not vitiate conviction; prosecution proved unlawful possession beyond reasonable doubt.
Criminal procedure — EOCCA jurisdiction and DPP’s consent; admissibility of seizure certificate by non-author witness; search and seizure law — receipt and independent witness requirements; evaluation of minor contradictions in witness evidence; proof beyond reasonable doubt in possession of government trophies.
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10 February 2023 |
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Statutory rape conviction quashed because the prosecution failed to prove the victim's age beyond reasonable doubt.
Criminal law – statutory rape – proof of age is an essential element and must be proved beyond reasonable doubt; a doctor’s unsupported recording of age on PF3 is insufficient. Criminal procedure – witness examination – swearing a witness under section 198(1) CPA is mandatory; asking a witness to 'promise to tell the truth' in addition to swearing does not automatically vitiate evidence. Criminal procedure – variance between charge and evidence – curable where no prejudice shown and defendant fails to cross-examine. Evidence – prosecution’s failure to call key witnesses may weaken credibility and proof of the case. Judicial conduct – trial judgments must avoid inventing or attributing facts not in evidence.
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10 February 2023 |
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Revision application dismissed as time‑barred; applicants should have appealed within the 60‑day statutory period.
Land law — Revision under section 43(1) Land Disputes Courts Act — Time limitation; Law of Limitation Act, Item 21 Part III — 60 days; Jurisdictional nature of limitation — can be raised at any stage; Revisionary jurisdiction not alternative to appeal (section 38(1) appeal remedy).
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10 February 2023 |
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Power of Attorney ends at death; estate administrator must obtain letters and apply to be joined within 14 days.
Power of Attorney – termination on death – POA ceases upon donor’s death and cannot confer authority thereafter. Civil procedure – joinder of parties – administrator of deceased must obtain letters of administration and apply to be joined. Limitation – Law of Limitation Act s.35 – exclusion of time between death and grant of administration in land recovery claims. Evidence – allegations of forgery/time-bar require particulars under s.110 Evidence Act.
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10 February 2023 |
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An oral employment-related agreement was enforceable; employer breached it and must pay USD 25,000 (or equivalent) plus costs.
Contract law – oral contracts – validity and proof – oral agreement enforceable if contractual elements satisfied; witnesses aid proof but are not a prerequisite. Contract law – variation of contract – supplementary agreement must be supported by fresh/new consideration to vary existing contract. Employment law – scope of duties – determining whether extra duties fall within employment contract or constitute separate engagement. Evidence – burden and estoppel – failure to rebut or cross-examine can leave evidence unchallenged. Civil procedure – costs – appellate court declined to decide cross-objection after allowing appeal.
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10 February 2023 |
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9 February 2023 |
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A prior striking out for incompetence does not bar a fresh execution application; appeal dismissed with costs.
Land law – execution of decree – requirement for competent application (boundaries) – distinction between striking out for incompetence and dismissal on merits – effect on res judicata/preclusion. Civil procedure – res judicata and section 9 CPC – when a prior order bars refiling. Civil procedure – appellate review – scope limited to grounds in memorandum of appeal; appeal does not automatically stay execution without court order. Overriding objective – cannot be used to circumvent procedural requirements.
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7 February 2023 |
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Court had jurisdiction but dismissed the insurance claim as time-barred for failure to plead exemption.
Insurance law — jurisdiction of Insurance Ombudsman vs. courts; Ombudsman awards limited to TZS 15m, administer complaints up to TZS 40m; Civil procedure — when extra-judicial remedies must be exhausted; Limitation law — accrual, statutory periods for contract (6 years) and tort (3 years), and limits on relying on sections 21 and 26 LLA and Order VII r.6 CPC to excuse delay; Pleading requirements — must plead time-barred status and grounds for exemption in plaint.
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7 February 2023 |
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7 February 2023 |
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Procedural defects in charge particulars and expert report were curable; trial court’s evaluation supported conviction, appeal dismissed.
Criminal law – Forgery and corruption offences – sufficiency of particulars in charge sheet – whether the person/entity defrauded was adequately identified. Evidence – Expert handwriting report – compliance with statutory form and admissibility under section 205(1) Criminal Procedure Act. Evidence – Admitted documents not read aloud – whether failure to read aloud mandates expungement where contents were explained and cross‑examined. Appeal – Evaluation of evidence – standard for appellate interference with trial court’s assessment; curable procedural defects.
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6 February 2023 |