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Citation
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Judgment date
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| August 2015 |
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Sale to the appellant was void because the respondent remained in possession and estoppel did not apply.
Land law – possession and title – sale to third party invalid where land remained in prior purchaser’s possession; estoppel not available where condition breached and vendor acted in bad faith; necessity of evidence to prove competing boundaries and ownership.
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20 August 2015 |
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An out-of-time, improperly-founded application by a non-party to set aside an ex parte decree was incompetent; appeal allowed with costs.
* Civil procedure – setting aside ex parte decree – Proper procedure under Order XI r.14 – Application filed under wrong provision (Order I r.2) incompetent.
* Limitation – Period for setting aside ex parte decree 30 days (First Schedule item 6) – s.92 Civil Procedure Decree – Proviso permits enlargement of time but requires application and sufficient cause.
* Representation of deceased – Wakf and Trust Commission Act s.32(1)(a) does not obviate requirement to be made party under Order XXVI r.4 before acting for estate.
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20 August 2015 |
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Conviction based on uncorroborated child testimony and a judgment that ignored defence evidence was unsafe and quashed.
Criminal law – sexual offences – conviction on uncorroborated sworn evidence of children of tender years; necessity of judicial warning and satisfaction of truth; duty to consider defence evidence; admissibility of medical PF3; jurisdiction where offences span jurisdictions.
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19 August 2015 |
| June 2015 |
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Appeal dismissed; tribunal's boundary findings and dictionary interpretation of "shamba" upheld.
Land law – interpretation of terms ('shamba') – use of dictionaries permitted where statute is silent; boundary disputes – site visitation and court sketch as determinative evidence; historical possession insufficient to displace contemporaneous factual findings; procedural complaints regarding assessors and heirs not shown to vitiate decision.
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17 June 2015 |
| February 2015 |
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Commission empowered to administer intestate Muslim estates; foreign powers of attorney valid; heirs abroad retain inheritance rights.
Wakf and Trust Commission – statutory power to administer estates of deceased Muslims (Act No.2/2007 s.4, s.32) – validity of foreign powers of attorney – inheritance rights of heirs resident abroad – distinction between right of occupancy and lease for non‑Zanzibaris.
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19 February 2015 |
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Court quashed Land Tribunal judgment holding suit was res judicata and respondents lacked locus standi.
* Res judicata – application of section 6 Civil Procedure Decree (identity of issue, parties, title, competent court, final decision); * Locus standi – wakf property and need for proper representation or authority by beneficiaries; * Judicial review – quashing of Land Tribunal judgment for failure to uphold preliminary objections; * Requirement that distinct claims be pursued in separate proceedings.
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16 February 2015 |
| August 2014 |
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High Court may hear bail pending appeal under s.366(2); bail granted due to overwhelming prospects of the pending appeal.
* Criminal procedure – Bail pending appeal – Section 366(2) Criminal Procedure Act 2004 – concurrent jurisdiction of High Court and subordinate court. * Civil procedure/affidavits – jurat defects – courts may disregard technical defects where justice so requires and correct affidavit is on record. * Bail – medical grounds – treatable conditions in custody do not automatically justify bail. * Bail pending appeal – exceptional relief; may be granted where appeal has overwhelming prospects of success. * Conditions – monetary bonds, sureties, surrender of travel documents, travel restriction.
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27 August 2014 |
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Appeal dismissed: appellants failed to prove a Three Acre System land grant and entitlement to crop proceeds; costs awarded.
Land law – Three Acre System grants require special instrument signed by President/Minister; burden of proof on claimant; admissibility of documentary evidence (copies and authority); tribunal's duty regarding calling witnesses; ownership of crop proceeds.
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19 August 2014 |
| June 2014 |
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A tribunal may not award compensation to a trespasser; questions of law fall to the Chairman/Deputy’s deciding vote under s.32.
Land law – trespass – whether a trespasser who erects improvements on another's land is entitled to compensation – questions of law v. fact – s.32 Land Tribunal Act 1994 – Chairman/Deputy Chairman deciding vote on questions of law – assessors' role.
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27 June 2014 |
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Tribunal erred in awarding compensation to a trespasser; presiding officer must exercise deciding vote on legal questions.
Land law – trespass – compensation for improvements – whether trespasser entitled to compensation; Civil procedure – Land Tribunal decisions – majority of assessors v. presiding officer's deciding vote under s.32 – questions of law.
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27 June 2014 |
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Ex parte judgment set aside for lack of service proof and improper agent representation; matter reheard inter partes.
Civil procedure – Ex parte judgment – requirement of proof of service (process server affidavit) before finding refusal; Representation – agent must obtain leave under Order III rules before instituting suit; Appellate procedure – ordinarily apply under Order XI r14 to set aside ex parte judgment, but appellate court may set aside where clear procedural defects and injustice would result; Land Tribunal – failure to follow service and representation rules vitiates ex parte proceedings.
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27 June 2014 |
| April 2014 |
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Land possession claims are time‑barred after 12 years under the Limitation Decree; appeal dismissed with costs.
Land law – proof of title and inheritance – absence of documentary evidence; Possession and prescription – Limitation Decree Cap 12 (Article 131) – twelve‑year bar to suits after dispossession/discontinuance; Civil procedure – dismissal of time‑barred land claims even if limitation not pleaded (section 3(1)).
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29 April 2014 |
| November 2013 |
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Sale by a co-heir of undivided estate land is void if the seller lacked title; Tribunal exceeded its powers ordering estate distribution.
Estate law – Undivided estate – Co-heir sold part of estate before distribution – Sale by co-heir without title void ab initio; Tribunal exceeded jurisdiction by ordering estate administration.
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21 November 2013 |
| August 2013 |
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Appellant’s challenged sale deed found unreliable; respondent’s title upheld and appeal dismissed.
* Land law – title dispute – conflict between registered deeds and oral evidence – locus in quo inspection; authenticity of sale deed questioned where alleged signatory denies signing. * Evidence – credibility assessment – weight of documentary title supported by local witnesses v. uncorroborated deed. * Remedies – appeal dismissed; trial findings of fact upheld.
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19 August 2013 |
| July 2013 |
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Rape conviction overturned for unsafe evidence: inconsistent witnesses and inconclusive medical report.
Criminal law – Rape – Proof beyond reasonable doubt; witness credibility and contradictions; risk of collusion where witnesses are related/neighbours; inconclusive medical (PF3) evidence; benefit of doubt; unsafe conviction.
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22 July 2013 |
| May 2013 |
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Respondent proved ownership on the balance of probabilities; appeal dismissed and costs awarded.
* Property/Land law – ownership dispute – onus of proof – party alleging ownership must prove on balance of probabilities; credibility of oral evidence and effect of contradictory vendor testimony.
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21 May 2013 |
| March 2013 |
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Appeal dismissed: appellants failed to rebut respondents' long, peaceful possession despite argument trees (not land) were sold.
Land law – ownership and possession – dispute over whether sale of trees only transfers land – application of maxim quid quid plantatur solo cedit and s.19(1) Land Tenure Act – evidential sufficiency and weight of long possession; importance of locus in quo inspection.
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5 March 2013 |
| February 2012 |
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Conviction for indecent assault upheld on credible child testimony corroborated by medical and circumstantial evidence.
Criminal law – Indecent assault of a child – Admissibility and credibility of child’s testimony; corroboration by circumstantial witnesses; medical evidence of genital injury; immaterial contradictions in investigation; HIV status not a defense.
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20 February 2012 |