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Citation
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Judgment date
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| December 1997 |
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Recent-possession inference cannot sustain conviction where a trader credibly produces receipts and prosecution fails to disprove lawful ownership.
* Criminal law – doctrine of recent possession – inference of guilt from possession of recently stolen goods – limits where accused trades in identical goods and adduces receipts; burden on prosecution to disprove lawful ownership beyond reasonable doubt.
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22 December 1997 |
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Revision is extraordinary and unavailable absent glaring procedural irregularity on the court record; application dismissed.
Criminal procedure — Revision under s.372 CPA — Scope where trial pending; interlocutory orders not normally appealable; revisional power discretionary and for exceptional cases only; requirement that irregularity appear on the record; joinder of interested co-accused permitted.
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18 December 1997 |
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Plaintiff failed to prove Tsh1,000,000 claim but court awarded Tsh800,000 in its discretion for foundation value.
Land dispute – value of improvements – proof of damages – absence of receipts – court discretion to award fair compensation; ex parte proceedings after failure to file defence; jurisdictional observation (Resident Magistrate Court limits).
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17 December 1997 |
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Court set aside striking-out for non-appearance and restored application due to registry shortcomings in recording adequate service particulars.
Civil procedure – service of process – adequacy and particularity of addresses in originating documents – court/registry duty to record proper service particulars – relief from striking-out for non-appearance where registry shortcomings contributed.
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17 December 1997 |
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Appellant entitled to one quarter of house value for matrimonial contribution; respondent proven owner, valuation required to quantify payment.
* Family law – divorce – property disputes between spouses – ownership vs contribution to acquisition of matrimonial property
* Evidence – title/documentary proof of ownership vs contribution by spouse through purchase of materials or labour
* Remedies – award of monetary share for contribution to property acquisition; duty to obtain independent valuation to quantify entitlement
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16 December 1997 |
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A cross-appeal raising substantial probate issues must be heard despite procedural defects in notice/timing.
* Civil procedure – Cross-appeal – Requirement for notice to cover cross-appeals – Magistrate Court Act 1984 s.20(2)&(3) mutatis mutandis.
* Probate – Presumption of marriage – Rebuttal and characterization of matrimonial assets.
* Procedural fairness – Dismissal of cross-appeal for procedural defect where substantive issues require hearing.
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12 December 1997 |
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Primary Court’s sale/distribution of estate without appointing an administrator is a nullity; proper appointment and accounts are required.
Administration of estates – necessity of formal appointment of an administrator – Primary Court lacked authority to order sale/distribution without letters of administration; absence of inventory/accounts renders distribution nullity – lower courts erred in relying on unsupported distributions – directions for appointment, filing of inventory/accounts within 30 days, seven‑day hearing and fresh valuation where necessary.
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12 December 1997 |
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Failure to file a mandatory application to defend within the prescribed time warranted judgment for the plaintiff, with deduction for partial payment.
* Civil Procedure – Order XXXV, Rule 2 CPC – mandatory requirement to apply for leave to defend within prescribed time – document not filed is not compliance.
* Filing formalities – drawing up but not filing a document does not constitute filing or payment of required fees.
* Extension of time – delay of over six months and inadequate instruction to counsel not sufficient cause to grant further time.
* Relief – court entered judgment for plaintiff but reduced principal sum to account for partial payment by defendant.
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4 December 1997 |
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Application for judgment by admission refused; disputed balance must be tried and interest may not be proved by affidavit.
Civil procedure — Order XII, Rule 4 CPC — Judgment on admissions — Scope of admissions in pleadings; appellate observations do not substitute for explicit admission or determination of amount. Proof of interest — affidavit — being abroad not sufficient; exceptional circumstances required. Ex parte relief — Order IX, Rule 6 CPC where defendant served but absent.
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4 December 1997 |
| November 1997 |
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The High Court held appellants lacked a proper procedural basis to seek injunction/compensation and declined their Chamber Summons challenging letters of administration.
• Civil procedure – locus standi to challenge letters of administration – whether children not party to lower proceedings may bring application on appeal.
• Probate/administration – validity of caveat and power of District Court to grant letters of administration.
• Civil procedure – inapplicability of statutory compensation provisions intended for wrongful arrest, attachment or temporary injunction where no such measures were involved.
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27 November 1997 |
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Applicant’s revision dismissed; seized vehicle lawfully retained as exhibit pending trial; court may act on information from the Bar.
* Criminal procedure – seizure of property – retention of motor vehicle as exhibit pending trial – lawfulness of police custody of evidence.
* Civil/criminal procedure – interlocutory orders – appealability and limits of revisional jurisdiction.
* Admissibility of information from the Bar – courts may act on unsworn Bar information if satisfied of its correctness.
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25 November 1997 |
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Extension of time to appeal refused where procedural irregularity caused no prejudice and appeal lacked merit.
*Civil procedure – extension of time to appeal – applicant must show reasonable prospects of success; mere procedural irregularity (unsigned chamber summons) not fatal where no prejudice shown.*
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25 November 1997 |
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Appeal allowed: quashed decision admitting fresh evidence in void probate; ownership must be litigated afresh, administrator remains in office.
Probate proceedings — improper probate due to lack of advertisement — appellate admissibility of fresh evidence under Magistrates' Courts Act — appellate magistrate should not decide ownership after declaring probate void — proper remedy: quash and rehear de novo; respondent disputing ownership may sue administrator separately.
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21 November 1997 |
Civil Practice and Procedure - Courts - Jurisdiction - Employment law - Redundancy - Parties free to go to the Industrial Court or ordinary courts where issues of redundancy are concerned. Civil Practice and Procedure - Parties - Representative suits - Proper notice required in terms of Order 1 Rule 8 |
17 November 1997 |
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Appeal dismissed: revocation of respondent’s Right of Occupancy not proved; Resident Magistrate had jurisdiction.
Land law – Right of Occupancy – alleged revocation – necessity of documentary proof and proper procedure for revocation; Registered title – validity of subsequent allocation where earlier right not lawfully extinguished; Civil procedure – jurisdiction of Resident Magistrate’s Court in ordinary privat e ownership disputes; Evidence – trial judge’s assessment of witness demeanour and requirement for proof of notices.
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17 November 1997 |
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The applicant cannot obtain an injunction against the respondent once statutory commission holds restructuring and ownership powers.
Public Corporations Act — declaration of specified public corporation and vesting of restructuring and ownership powers in the Presidential Parastatal Sector Reform Commission; locus standi/wrong defendant — inability to sue a body lacking statutory capacity to perform or prevent restructuring; Civil Procedure — affidavit verification requirements under Order 19 rule 3; temporary injunction — inappropriate where relief must be sought against the Commission.
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6 November 1997 |
| October 1997 |
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Leave granted under s.63(1) to sue over unregistered land in a district or resident magistrate’s court; High Court lacks original jurisdiction.
Jurisdiction – unregistered land – section 63(1) Magistrates Courts Act – leave required to commence suit in subordinate court where land not held on government lease/right of occupancy and Republic not a party; High Court lacks original jurisdiction in such matters; proper forum: district court or court of resident magistrate.
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31 October 1997 |
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An appeal is incompetent if a prior appeal was dismissed for non‑prosecution and readmission/enlargement was not sought.
* Civil procedure – appeals – competence of appeal where prior appeal dismissed for want of prosecution – proper procedure is to seek readmission and enlargement of time before proceeding to a further appeal.
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30 October 1997 |
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Accused entitled to disclosure of certain police-recorded statements under s.9(3)/s.10(3) CPA, but not all statements.
Criminal procedure – Disclosure – Meaning and scope of s.9(3) and s.10(3) Criminal Procedure Act – Magistrate’s duty to furnish to accused recorded informations only where informant is named as witness and the recorded information led to institution of proceedings; victim statements under s.10(3) to be furnished – blanket disclosure of all police statements not required.
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29 October 1997 |
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Failure to serve the mandatory one‑month statutory notice on an urban authority renders the suit and interlocutory application unmaintainable.
* Local Government (Urban Authorities) Act s.97(1) – mandatory one-month written notice required before commencing suit against urban authority; non-compliance renders suit unmaintainable. * Civil procedure – interlocutory injunction – effect of statutory pre-suit notice requirement on maintainability. * Ex parte proceedings – respondent's absence and failure to file counter-affidavit do not cure statutory non-compliance.
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24 October 1997 |
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Mere hearsay and absence of direct affidavits do not establish sufficient cause to set aside a dismissal for non-appearance.
Civil Procedure Code — Order 9 rules 8 and 9(1) — setting aside dismissal for non-appearance — requirement of sufficient cause — necessity of direct affidavit evidence from clerks/applicant — inadmissibility of hearsay to establish non-notification.
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24 October 1997 |
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Applicant’s stay of maintenance order pending appeal refused; interim reduction granted to Shs. 75,000 monthly.
* Family law – Maintenance – Application to stay execution of maintenance order pending appeal – Parental duty to maintain children – Interim variation of maintenance to balance appellant’s hardship and children’s needs.
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22 October 1997 |
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21 October 1997 |
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Applicants failed to show a prima facie case; NSC lacked statutory authority to supervise regional council elections, and leave was refused.
• Administrative law – prerogative remedies – leave to apply for certiorari and mandamus – necessity to show prima facie case before grant of leave. • Statutory interpretation – National Sports Council Act and 1990 Regulations – NSC’s functions do not include supervising regional council elections. • Local administration – autonomy of Regional/District Sports Councils and role of Regional Commissioner in constituting regional councils. • Election disputes – internal constitution governs electoral processes absent statutory provision to the contrary.
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21 October 1997 |
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Reported
Advocates - Professional Ethics - Advocate acting as an arbitrator and subsequently acting as counselfor one ofthe parties in court in the same dispute - The Rules of Professional Conduct and Etiquette of the Tanganyika Law Society |
13 October 1997 |
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A civil dispute over ownership and possession should not be stayed merely because related criminal forgery charges are pending.
Civil procedure – stay of civil proceedings pending criminal prosecution; ownership and possession disputes – proper forum; forgery allegations do not automatically suspend civil determination.
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11 October 1997 |
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Reported
Judicial Review - Practice and Procedure -Applicationfor leave to apply for prohibition and mandamus - Whether affidavit supporting the application for leave mustfully andfrankly disclose all material particulars
Prerogative Orders - Locus Standi - Application for leave to apply for prohibition and mandamus - Locus standi where the objective of application is to defend the applicants ’ interest in land to be acquired for road expansition - Whether all applicants have to establish their titles to the parcels ofland they claim
Prohibition and Mandamus - Locus Standi - Meaning of locus standi - Whether and when locus standi can be raised as an issue in proceedings for prerogative remedies
Prerogative Orders - Prohibition and mandamus - Purpose and essence thereof- Whether prerogative orders can be granted in cases where civil remedies in the nature of civil process are available
Civil Practice and Procedure - Security for Costs - Resident applicants ordered to deposit security for costs - Whether proper |
8 October 1997 |
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An application for stay of execution after an appeal has been preferred must be made to the appellate court under the correct provision, otherwise it will be struck off.
Civil Procedure — Stay of execution pending appeal — Order 39 CPC — jurisdiction of appellate court vs court which passed decree — proper sub‑rule (Rule 5(1)) — orders covered by O.39 — Law of Limitation (appeal period) — preliminary objection — striking off improperly brought chamber application.
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6 October 1997 |
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A lapsed, unrenewed caveat cannot support setting aside letters; the applicant’s grant of administration was restored.
Probate law – Caveat – section 58(5) Cap. 445: caveat remains four months unless renewed; if not renewed it is deemed withdrawn – lapse of caveat precludes later setting aside of letters of administration – restoration of earlier grant.
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6 October 1997 |
Civil Practice and Procedure - Appeal - Contention that trial court lacked jurisdiction - Such contention can not be raised for the first time at the appellate stage - Section 9 Civil Procedure Code 1966. |
3 October 1997 |
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Failure to have assessors sign a Primary Court judgment renders that judgment and ensuing appeal null, requiring retrial.
Primary Courts procedure — Mandatory participation and signing by assessors under Rule 3 of Magistrate Courts (Primary Courts) (Judgment of Court) Rules (GN No.2/1980) — Failure to have assessors sign renders judgment void — Consequence for appeals — Quashing and retrial.
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2 October 1997 |
| September 1997 |
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Res judicata did not bar the applicants' injunction against specific committee meetings because the issues were not substantially the same.
Civil procedure — Res judicata (s.9 CPC) — Whether a later chamber application is barred where earlier miscellaneous application addressed different or more general prayers; distinction between broad 'political activities' relief and specific injunctions restraining particular committee meetings; requirement that matters be directly and substantially the same for res judicata to apply; effect of failure to attach prior ruling to a preliminary objection.
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29 September 1997 |
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Court granted interim injunction preventing respondent arresting the applicant's vessel pending jurisdictional determination, subject to security deposit.
Maritime law — Interim injunction to restrain arrest of locally‑registered vessel; Jurisdiction and choice of law — forum selection (Tanzania v. England); Security for costs — deposit of local repair quotation as condition for injunction; Preservation of status quo pending determination.
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25 September 1997 |
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Whether a threatened arrest of a locally‑registered vessel may be restrained pending resolution of jurisdiction and applicable law.
* Admiralty/maritime law – vessel arrest – whether arrest may be effected before determination of jurisdiction and applicable law; * Interim relief – preservation of status quo – conditions and security for injunction; * Choice of law/jurisdiction clauses – effect on local proceedings and arrests; * Urgent/ex parte applications – irreparable harm and business loss as basis for interim injunction.
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19 September 1997 |
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Court grants interim injunction preventing respondent from arresting the applicant's vessel pending jurisdiction determination and security deposit.
Admiralty/maritime law – interim injunction to restrain arrest of vessel – conflict of laws and jurisdiction (English law claim v Tanzanian jurisdiction) – maintenance of status quo – security deposit equal to repair quotation.
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19 September 1997 |
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Applicant entitled to temporary injunction to prevent disposal or liquidation of company assets pending determination of disputed shareholding.
Civil procedure – interim injunction – Order 37, Rule 1 CPC – requirements: danger of waste/alienation, serious issue to be tried, inadequacy of damages, balance of convenience; corporate disputes – shareholding rights and preservation of company assets pending determination.
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17 September 1997 |
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Applicant failed to prove claimed building costs; court awarded reduced damages due to inadequate documentary evidence.
* Civil procedure – ex parte proceedings where defendant fails to file a defence; * Evidence – proof of special damages and valuation of building works; need for documentary evidence (receipts) to prove claimed expenditures; * Discretionary assessment of damages where full claim not proved; * Jurisdiction – question whether matter belonged to Resident Magistrate's Court given claimed quantum.
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17 September 1997 |
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Respondent failed to prove purchase of disputed land; appeal allowed and lower judgments quashed.
* Land law – disputed parcel – whether sale to intermediary included the disputed portion – assessment of witness evidence and boundaries.
* Evidence – sufficiency and gaps – adjournment to call further evidence but none produced renders lower findings unsafe.
* Civil appeal – reversal where title not established by preponderance of evidence.
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17 September 1997 |
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Interim injunction granted to restrain sale of allegedly infringing toothpaste due to likely consumer confusion and irreparable goodwill loss.
* Trade mark law – infringement and passing off – similarity of packaging/get‑up and likelihood of confusion; * Interim injunction – prima facie case, inadequacy of damages, balance of convenience; * Acquiescence – prompt protective steps by proprietor negates acquiescence defence; * Damages – difficulty quantifying loss of goodwill and enforceability concerns justify interim relief.
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16 September 1997 |
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Long, peaceful occupation with permanent improvements and deference to trial credibility established lawful occupation; appeal allowed.
• Land law – disputed ownership – evidence of sale and disposition – credibility of trial court findings
• Evidence – appellate review of witness credibility – deference to trial court that saw witnesses
• Possession – long peaceful occupation and permanent improvements as entitling to lawful occupation
• Equity – delay/laches and absence of protest affecting entitlement to relief
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15 September 1997 |
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Second appeal dismissed where lower courts factual findings and written sale agreement established lawful acquisition of the land.
* Civil procedure – Second appeal – appellate interference with findings of fact limited to misinterpretation or plain error. * Evidence – oral and documentary (written sale agreement) sufficed to establish a valid sale and defeat claim of prior ownership. * Burden and credibility – lower courts acceptance of corroborated documentary evidence not lightly displaced on appeal.
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15 September 1997 |
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Court granted temporary injunction to prevent disposal or liquidation of company assets pending resolution of shareholder dispute.
Injunctions — Order 37, Rule 1 CPC — preservation of status quo pending suit — requirements: serious issue to be tried, prima facie case, risk of waste or alienation of property, and inadequacy of damages; shareholder dispute and alleged asset disposal; relation to Companies Ordinance remedies (winding-up) — when statutory procedure is not a prerequisite to injunctive relief.
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15 September 1997 |
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Appellant failed to prove respondent trespassed or had inferior title to the disputed adjoining unsurveyed plot; appeal dismissed.
* Land law – unsurveyed adjoining plots – occupation and payment of municipal land rent as indicia of title/rights; burden to prove trespass and superior title.
* Civil appeals – factual findings on occupation and timing of possession – appellate deference where title to the specific parcel not established.
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12 September 1997 |
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Appeal dismissed: respondent’s prior occupation and municipal allocation defeated appellant’s trespass claim to adjacent unsurveyed land.
Land dispute – adjacent unsurveyed plots – possession and municipal allocation – alleged trespass by adjoining occupier – superior title principle – appeal dismissed.
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12 September 1997 |
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An appellate court must give reasons for disbelieving trial court credibility findings; appeal allowed and Primary Court judgment restored.
* Civil appeal – credibility findings – appellate court must give reasons when reversing trial court on credibility.
* Evidence – licence to use pit latrine – relevance to possession/ownership of small parcel of land.
* Procedure – duty of appellate courts to justify departures from trial court findings.
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7 September 1997 |
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Whether a revisional court may disregard procedural defects when exercising its revisional jurisdiction.
Appellate jurisdiction – leave to appeal; revisional jurisdiction – whether procedural defects may be disregarded; informality of revision proceedings; binding precedent.
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4 September 1997 |
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Applicant cannot join Minister/Attorney General without 90‑day notice; suit filed in wrong registry struck out with costs.
Government Proceedings Act – mandatory 90-days notice before suing Government officials – notice must precede joinder; Civil Procedure Code s.14 – venue for actions concerning land where property is situated or defendants reside; improper venue – suit struck out; joinder and amendment of parties; striking out defendant (Registrar of Titles).
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4 September 1997 |
| August 1997 |
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Court granted extension to file arbitration award, finding execution attempts a sufficient cause under Limitation Act s.14.
Limitation Act s.14 – extension of time to file arbitration award; reasonable/sufficient cause – attempts at extrajudicial execution; ignorance of law and distance not sufficient.
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27 August 1997 |
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Affidavits must state sources for information/belief; defective paragraphs may be struck, but locus standi determined at trial if annexures support personal claim.
Civil procedure — Affidavits — Order 19, Rule 3(1) — Distinction between matters of personal knowledge and matters on information and belief — Requirement to disclose sources — Court may strike defective paragraphs and act on remainder; Locus standi — Whether plaintiff sues in personal capacity or on behalf of company — Question may be reserved for trial where annexures support personal claim.
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26 August 1997 |
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Review dismissed: no new evidence or apparent error, and alleged errors are matters for appeal rather than review.
Judicial review — grounds for review — discovery of new evidence or apparent error on the face of the record; locus standi raised sua sponte; review not a substitute for appeal; Security of Employment Act s.40A — employee coverage.
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20 August 1997 |