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Citation
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Judgment date
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| December 2024 |
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An appeal against a compounding decision lacking the required proceedings, judgment or order is incompetent and struck out.
Criminal procedure — Appeal — Requirement that petition be accompanied by copy of proceedings, judgment or order (s.362 CPA) — Payment receipt insufficient as substitute — Competence — Compounding orders under Wildlife Conservation Act not adjudicated due to procedural non-compliance.
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31 December 2024 |
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23 December 2024 |
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Taxation of court-broker's costs was timely and reasonable; unpaid sale proceeds must be pursued in a separate suit.
Court brokers — bill of costs — Rule 27(4) Court Brokers and Process Servers Rules (GN No.365/2017) — timing for filing bill of costs; Overriding objective — curative power for procedural defects; Taxation — taxing master's discretion — evidence-based assessment (EFD receipts, valuation, transport); Distinction between taxation of costs and recovery of sale proceeds — separate civil remedy required.
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20 December 2024 |
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18 December 2024 |
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The appellant's drug trafficking conviction was quashed due to material contradictions in prosecution evidence about seized exhibits.
Criminal law – Drug trafficking – Material contradictions in prosecution evidence regarding seized exhibits (number/weight/case references) – Not every discrepancy is fatal, but contradictions in the gist of evidence invalidate conviction; Chain of custody and documentary inconsistencies; Appeal allowed and conviction quashed.
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18 December 2024 |
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18 December 2024 |
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18 December 2024 |
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Respondent’s failure to plead specific defamatory words defeated the defamation claim; appeal allowed and judgment reversed.
Defamation law — requirement to plead specific words and their defamatory meaning — plaint must identify complained words or meanings; publication to third parties must be proved; failure to plead specific defamatory meaning is fatal to claim.
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16 December 2024 |
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Failure to plead and particularize specific defamatory words defeated the defamation claim; appeal allowed and judgment reversed.
Defamation – elements (false statement, publication, damage) – pleading requirements – necessity to plead specific words or resulting innuendo – failure to particularize defamatory words is fatal to the claim.
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16 December 2024 |
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Implied contract existed but fraud claim failed for lack of cardholder evidence; appeal dismissed.
* Contract law – implied renewal/extension of expired merchant agreement by parties' conduct. * Evidence – allegations of fraud require more than ordinary civil standard; strict proof necessary. * Evidence – absence of direct cardholder complaints and police reports undermines fraud/unauthorised chargeback claims. * Civil procedure – court discussion of contractual status in judgment does not necessarily amount to unfair suo motu decision if parties had opportunity to address issues.
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13 December 2024 |
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Revision dismissed: claim was prematurely filed; delayed CMA award not set aside absent shown prejudice.
* Labour law — premature filing — claim for termination where evidence shows suspension — dismissal justified.
* Arbitration — statutory 30‑day limit for CMA awards (s.88(11) ELRA) — delayed award not automatically vitiated absent prejudice.
* Civil procedure — overriding objective/substantive justice — curative approach to procedural delays.
* Procedural fairness — rights during suspension need not be addressed where not part of pleaded claim.
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13 December 2024 |
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Appeal dismissed: conviction for causing grievous harm upheld; minor contradictions and missing witness did not vitiate prosecution evidence.
Criminal law – causing grievous harm – proof beyond reasonable doubt – credibility of eyewitness and medical report – materiality of minor contradictions – non-production of a witness and adverse inference – framing of issues by trial court.
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13 December 2024 |
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12 December 2024 |
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Rape conviction quashed where trial court failed to consider defence evidence and prosecution case was not proved beyond reasonable doubt.
Criminal law – Rape – Conviction based on primary/sole eyewitness testimony requires caution and must be watertight; trial court’s failure to evaluate defence evidence and address contradictions renders conviction unsafe and liable to be quashed.
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11 December 2024 |
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Appeal partly allowed: respondent owes TZS 675,000; claims for windshield and switch failed for insufficient evidence.
Contract – hire/use of vehicle – accounting for days in possession and payments; appellate review of arithmetic and fact-finding; insufficiency of evidence for property damage claims; damages quantification; costs.
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11 December 2024 |
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11 December 2024 |
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11 December 2024 |
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11 December 2024 |
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10 December 2024 |
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6 December 2024 |
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6 December 2024 |
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6 December 2024 |
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4 December 2024 |
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3 December 2024 |
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3 December 2024 |
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Conviction quashed where failure to medically link accused to victim’s STI and improper use of cross‑examination doctrine created reasonable doubt.
Criminal law — Grave sexual abuse (s.138C) — application of failure‑to‑cross‑examine doctrine to lay accused; probative value of medical evidence where accused not examined; delays and inconsistencies affecting credibility of child complainant; late‑raised alibi inadmissible.
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3 December 2024 |
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Appellant allowed appeal: respondent failed to strictly prove special and general damages for alleged contaminated fuel.
Torts/contract – alleged sale of contaminated fuel – requirement to strictly prove special (specific) damages; proforma invoices not proof of payment; limits of admissions in settlement agreements; discretion in awarding general damages.
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2 December 2024 |
| November 2024 |
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Statutory compensation bars duplicate, unproven claims for allowances and salary arrears on execution of a labour reinstatement order.
Employment law – execution of Minister's order – Security of Employment Act (ss. 36, 42(5)) – employer's option to pay compensation in lieu of reinstatement – double recovery and abuse of process – requirement to prove contractual or statutory entitlements before execution.
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29 November 2024 |
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An interlocutory injunction maintaining the status quo on the applicant's mortgaged property was granted pending the main suit.
Interlocutory injunction – preservation of status quo over security property – Atilio v Mbowe three-part test: serious question to be tried, irreparable injury, balance of convenience – evidence of intention to auction collateral – costs follow event.
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29 November 2024 |
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Application for extension of time dismissed for failure to file court-ordered written submissions; no costs.
Land law – Extension of time to appeal – Failure to file written submissions as ordered – Non-compliance equates to failure to prosecute/abuse of court process – Ex parte determination; no order as to costs.
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29 November 2024 |
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Arbitral closure of the applicant's case without lawful basis violated the right to be heard; award quashed and remitted for rehearing.
* Labour law – fair hearing – refusal to adjourn and closure of party’s case – closure rendered proceedings a nullity. * Procedural competence – failure to file Form No.10 at CMA curable under Section 3B (oxygen principle) where record is before High Court. * Arbitrator’s expeditious disposal justification undermined by delay in issuing award beyond statutory period.
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29 November 2024 |
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Appellant failed to prove land was leased; unsigned family minutes had no weight and the tribunal's finding of gift in 2003 is affirmed.
Land law – ownership dispute – whether land was gifted or leased – burden of proof under section 110 Evidence Act – admissibility versus weight of documentary evidence (unsigned family meeting minutes) – limitation/possession not applicable where land accepted as gift.
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29 November 2024 |
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Appellant’s representation of ownership estops challenge to title transfer; contradictions on repayment and no shown prejudice dismiss appeal.
Land law – mortgage and transfer of title; estoppel (Evidence Act s.123) and sanctity of contract; capacity to mortgage; contradictions in evidence regarding repayment; admissibility/endorsement of exhibits (Order XIII R.4 CPC) and lack of demonstrated prejudice.
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29 November 2024 |
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Proceedings continued after a party's death without joining a legal representative are a nullity requiring retrial.
Civil procedure — death of a party — necessity to join legal representative; Continued appearance of deceased party on record — fatal irregularity; Land Disputes — revisionary powers under s.43(2) Cap 216 — nullification and remittal for retrial.
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29 November 2024 |
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29 November 2024 |
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29 November 2024 |
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28 November 2024 |
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28 November 2024 |
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28 November 2024 |
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28 November 2024 |
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28 November 2024 |
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28 November 2024 |
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Court adopts consent settlement ordering defendant to pay TZS 137,525,709.60 for unpaid NSSF contributions in instalments.
Consent judgment – adoption of parties' deed of settlement – unpaid statutory social security (NSSF) contributions and accumulated penalties – payment schedule by instalments – binding on parties and successors – no further claims upon full satisfaction – costs each party.
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28 November 2024 |
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28 November 2024 |
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26 November 2024 |
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Court has jurisdiction to hear a fresh suit challenging a consent decree alleged procured by fraud or misrepresentation.
Civil procedure – jurisdiction – consent (compromise) decree – whether a consent decree allegedly procured by fraud, misrepresentation or coercion can be challenged by a fresh suit – remedy of fresh suit vs review/appeal – requirement to adduce evidence when alleging fraud.
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26 November 2024 |
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Unsworn testimony of a 15‑year‑old victim is inadmissible; conviction based on such evidence was quashed and acquittal entered.
* Criminal procedure – requirement to administer oath or affirmation to witnesses in criminal proceedings (s.198(1) CPA). * Evidence – child of tender age exception (s.127 Evidence Act) – age threshold and compliance requirements. * Admissibility – unsworn testimony in criminal cases amounts to no evidence. * Sexual offences – medical report (PF3) establishes penetration but does not prove identity of the perpetrator. * Procedure – improper withholding of victim’s name in charge sheets and proceedings; identity protection pertains to published judgments per Chief Justice directions.
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25 November 2024 |
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25 November 2024 |
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25 November 2024 |
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25 November 2024 |