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115 judgments found.
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December 1999
Sentencing without conviction or a delivered judgment is a nullity; retrial denied where appellant nearly served sentence.
Criminal procedure
— Retrial — When retrial is inappropriate where convict has served substantial part of sentence and records are missing — Interests of justice
— Sentencing — sentence illegal where imposed without formal conviction (s235(1)) — Requirement under Criminal Procedure Act ss 311, 312 — Proceedings rendered nullity
30 December 1999
Civil practice and procedure — Status Quo — Order to maintain status quo — Whether the order has moreforce in terms ofduration than would a normal temporary injunction
28 December 1999
An assignee who has not received property by endorsement of bills of lading lacks locus standi to sue on them.
Maritime law — Bills of lading — Assignment — Endorsement required to transfer property and right to sue
— Assignee without endorsement has no locus standi
— choice‑of‑law/forum clause does not automatically oust local jurisdiction
20 December 1999
Government termination of negotiated provisional tender without hearing and with inconsistent reasons was quashed; re‑floated tender set aside.
Administrative law — Judicial review — procurement decisions by public bodies — amenability to review where no concluded contract exists
Civil procedure
— Procedural fairness — right to be heard — denial of hearing before termination of provisional award
— Remedies — certiorari, prohibition and mandamus granted
17 December 1999
Administrative law — Judicial review — Preliminary Objection not raised at the hearing of the application for leave to apply for prerogative orders — Whether the objection may be raised subsequently against the application for the orders
Judicial review — Acts amenable to judicial review — Complaint arising from contract — Relationship between applicant and respondent being contractual — Whether acts arising from that relationship are amenable to judicial review
Natural justice
— Right to be heard — Tender awarded to applicant and then the award process is unilaterally terminated — Whether applicant was entitled to a hearing before termination
— rule against bias — Deputy Minister stating in Parliament that tender was improperly awarded to applicant and a fresh tender will be floated to award it to another person in a more transparent manner — Whether the statement creates bias against the applicant in the fresh tender process
17 December 1999
Failure to refer matrimonial dispute to Conciliation Board renders resulting divorce incompetent; revisional jurisdiction requires diligence.
Family law
— Matrimonial law — failure renders divorce incompetent
— Revision and inherent jurisdiction — not strictly time‑barred but subject to diligence and absence of laches
16 December 1999
Appeal dismissed: permanent stream and physical markers, supported by locus inspection and admissions, establish the boundary and show encroachment.
Land law — Boundary dispute — whether a permanent watercourse or a shifting stream determines the boundary — role of physical markers (coconut palm) and locus in quo inspection in boundary determination
15 December 1999
Remitting a disciplinary matter for rehearing is not a definitive success and does not automatically attract costs.
Administrative law
— certiorari — remittal to disciplinary board for rehearing — whether remittal constitutes success attracting costs
— Costs — discretionary award when matter remitted
— Procedural law — correctness of drawn orders vis-à-vis delivered rulings
— Ultra vires — disciplinary punishment declared ultra vires
12 December 1999
Civil practice and procedure — Application for temporary injunction — Order ' 37, rule 2 of the Civil Procedure Code 1966
Intellectual property law — Trade mark — Infringement of trademark both parties manufacturing or dealing in similarly branded items from different counties
10 December 1999
10 December 1999
Applicant's challenge succeeds: out-of-time referral to Conciliation Board rendered Board and Ministerial decisions null and void.
Labour law — limitation — statutory 14-day referral period to Conciliation Board — time-bar jurisdictional and mandatory
Labour law — procedural fairness
— certiorari to quash administrative and ministerial decisions
— failure of Board to decide preliminary jurisdictional point renders subsequent proceedings nullity
7 December 1999
3 December 1999
November 1999
A court must not use inherent power to override statutory limitation periods and should raise time‑bar objections suo motu.
Civil procedure
— Appeals — Limitation period — court may and should raise limitation point suo motu where appeal filed out of time
— Inherent jurisdiction — court’s inherent power
— Procedural law — objections as to limitation may be raised by parties during submissions and may be decisive
30 November 1999
Trial court judgment failed to comply with assessor-recording rules; matter ordered reheard de novo with fresh assessors.
Civil procedure — Procedure — Trials with assessors
19 November 1999
Application to stay execution and set aside a consent order dismissed as res judicata and abuse of process.
Civil procedure
— Abuse of process — repeated applications causing undue delay
— Consent judgment — res judicata/effect of consent judgment
— Stay of execution — application to set aside consent order
18 November 1999
An ex parte judgment cannot be based solely on counsel’s written submissions; tort claims require evidential proof.
Civil procedure
— Execution proceedings — attachment and sale of property
— ex-parte proceedings — trial court erred in entering judgment on written submissions without oral evidence
Tort
— Defamation — publication and damage essential
— False imprisonment — no damages where tort not proved
18 November 1999
Plaintiff's claims against vehicle owner, company and insurer dismissed for failure to disclose a cause of action.
Civil procedure — Pleadings — whether plaint discloses cause of action — Order VII r 11 CPC — Requirement to plead factual and evidential nexus
Insurance law — existence of contract — Demand letters insufficient to establish insurer's obligation — Proof of insurance policy required
Tort — Vicarious liability — proof of employment and ownership required — Presence of vehicle insufficient to establish owner liability
18 November 1999
Interrogatories seeking legal conclusions about alleged duress are an impermissible fishing expedition; application refused with costs.
Civil procedure — Order XI Rules (1) & (2)
— Cannot seek legal conclusions or core evidential facts
— Interrogatories
— Timing and potential for witness interference relevant
4 November 1999
October 1999
Applicant must specify a point of law for the High Court to certify before leave to appeal from primary‑court matters is granted.
Civil procedure — Appellate procedure
— role of High Court in certifying points of law for appeal to Court of Appeal — Appellate Jurisdiction Act s 5(2)(c)
— standard for granting leave to appeal (arguable appeal, novel point of law, or general importance) — Mere assertion of likelihood of success is insufficient
Civil procedure — burden on applicant — Affidavit and submissions must identify and pinpoint the point of law for certification
26 October 1999
High Court lacks power to extend Court of Appeal filing period; applicant's delay and ignorance insufficient, application dismissed.
Civil procedure — Court of appeal rules
— chamber summons dismissed for want of jurisdiction
— delay and ignorance of law not adequate grounds for extension
— power to extend time vests in Court of Appeal, not High Court
7 October 1999
A High Court becomes functus officio after refusing leave for judicial review and cannot grant interim relief pending appeal.
Judicial review — functus officio
— appeal as renewal of leave application
— inherent jurisdiction and Supreme Court Practice (1993)
— jurisdiction to grant interim relief pending appeal
Judicial review — leave to apply for prerogative orders
5 October 1999
Buyer’s repeated non‑payment was a breach; seller lawfully rescinded sale and recovered vacant possession; appeal dismissed with costs.
Appellate practice — Appellate review — appellate court’s dismissal of buyer’s appeal for non‑payment upheld
Civil procedure — Remedies — seller entitled to elect between suing for the unpaid balance or rescinding the contract and reclaiming vacant possession
Contract law — sale of property — buyer’s persistent non‑payment of outstanding purchase price constitutes breach of contract
1 October 1999
(From the decision ofthe Registrar ofTrade and Services Marks at Dar es Salaam) Trade Marks — Application for removal of trademark from the register — Locus standi — Aggrieved party — Section 36 of Trade and Service Mark Act p 1986. Trade Marks — Protection of trademarks — Paris Convention of 20 March 1883, articles 2, 7 bis, 9, 10,10 bis, 10 ter and 22.2 — United Kingdom and Tanzania are parties.Trade Marks — Application signed by advocate — Application by body corporate — Acceptance of application by the Registrar
Trade Marks — Ruling signed by one officer only — Section 4 of the Trade and F Service Mark Act 1986
1 October 1999
September 1999
24 September 1999
High Court reinstated Primary Court's possession award where witness evidence corroborated appellant's grant of land.
Appellate practice — Appellate review of factual findings — Justification for reversing trial court findings
Land law — Possession and title — Evidentiary burden and credibility of witnesses — Remedies against deceased's estate
22 September 1999
Employee lawfully dismissed for refusing a lawful extra duty after fair disciplinary process.
Employment law — Disciplinary procedure
— lawfulness of employer’s order to perform extra duties
— notice and opportunity to be heard
— tribunal composition and bias
Employment law — dismissal for insubordination
21 September 1999
Civil practice and procedure — Preliminary objection — Contents thereof Civil Practice and Procedure — Locus standi — Evidence conferring locus standi
Civil procedure — Consolidated with misc. civil causes nos. 146,147,148,149,150,151,152,153, and 154 by order of the court dated 16 july 1999
Company law — Provisional liquidator
— Appointment ofprovisional liquidator — What the court should consider in exercising its discretion to appoint a provisional liquidator
— Scope of the powers of a provisional liquidator
— Stands in the position of a trustee — Need to have no conflict of interests
20 September 1999
Court appointed an independent provisional liquidator with power to investigate and propose a restructuring scheme, rejecting conflicted nominees.
Company law — Conflict of interest — Disqualification of proposed provisional liquidators — Trustees' duty of impartiality
Company law — locus standi — Whether affidavits and notices to appear suffice to establish creditors' locus standi at interlocutory stage
Company law — Provisional liquidators — Appointment and scope of powers
— Whether provisional liquidators may be empowered to formulate a scheme of arrangement and dispose of assets
— Winding‑Up
20 September 1999
14 September 1999
Court set aside dismissal and ex‑parte judgment after accepting applicant’s credible excuse and allowed enlargement of time under section 93.
Civil procedure
— Costs — ordered in the cause
— Enlargement of time — Application to set aside dismissal for absence and ex‑parte judgment — Competency of remedy
— setting aside ex‑parte judgment — Court acceptance of applicant’s excuse
14 September 1999
Without letters of administration the plaintiff lacked locus standi; section 88(1)(b) directions are not a grant.
Civil procedure — Locus standi
Probate law — Administration of estates
10 September 1999
Appellant failed to rebut evidence of joint acquisition; respondent entitled to half the value of the house and plot, appeal dismissed with costs.
Family law — Division of matrimonial property — proof of joint acquisition
— credibility of witnesses and admissibility of hearsay evidence
— entitlement of child born during the marriage to share in matrimonial assets
— valuation and division of house and plot
8 September 1999
Counsel’s negligence and mere prospects of success do not constitute sufficient cause for an extension of time to appeal.
Civil procedure — extension of time
— delay and non-compliance with filing schedules material
— prospects of success not alone sufficient
— Whether counsel’s negligence amounts to sufficient cause
8 September 1999
Whether an alleged child must prove legitimacy to qualify as estate administrator under Islamic law; failure warrants revocation.
Civil procedure — Inheritance/estate administration — legitimacy — onus on claimant to prove legitimacy
2 September 1999
August 1999
Court granted extension of time to appeal where prior counsel’s mistakes caused the delay; appeal to proceed without undue delay.
Civil procedure
— Appeal procedure — Correct statutory route for extension — procedural objections and discretion to extend time
— exercise of judicial discretion — balancing undue delay against interests of justice
— extension of time — Whether delay caused by previous counsel’s incompetence amounts to sufficient cause for extension
27 August 1999
Suit dismissed because leave was required to sue and the statutory receiver’s powers vested the first defendant’s assets and liabilities in the receiver.
Administrative law
— Cause of action — assets and liabilities vested in receiver negates remedy against original corporate entity
— Public corporations act — appointment of statutory receiver (PSRC)
— Reliefs inconsistent with statutory restructuring powers — specific performance and injunctions against actions by receiver
27 August 1999
18 August 1999
An appellant’s conviction based solely on an uncorroborated co-accused’s statement was held unsafe and quashed.
Criminal law — Evidence — Conviction based on co-accused's uncorroborated statement — Where evidence is one accused against another independent corroboration required
10 August 1999
Lease expired without agreed renewal; owner entitled to vacant possession and Shs.50,000,000 damages.
Civil procedure — application for vacant possession — Right to vacant possession and assessment of damages for prevented possession
Contract law — Offer and acceptance — Whether a tender constituted a binding renewal offer
Land law — Lease expiry and renewal — Interpretation of renewal clause requiring agreement on terms and conditions
9 August 1999
9 August 1999
Applicant failed to prove irreparable harm or entitlement to restoration after agreement termination; injunction refused.
Civil procedure — Interim injunction — Application of Atilio v Mbowe test (prima facie case; irreparable injury; balance of convenience)
Land law — Revocation of right of occupancy
6 August 1999
Leave to appeal refused for late filing and failure to attach the required copy of the judgment.
Appellate practice
— leave to appeal — extension of time — Court of Appeal Rules r.43 (14 days from delivery of judgment)
— Court of Appeal Rules — Mandatory requirement to attach copy of judgment or order — Court of Appeal Rules r.46(3)
6 August 1999
Absence of required signatures rendered the Primary Court judgment and subsequent appeal nullity; matter ordered reheard.
Civil procedure
— Primary Court judgment — requirement of signatures by presiding magistrate and assessors and pronouncement in open court — Magistrate's Courts (Primary Courts) (Judgement of Court) Rules, GN.2/88 r.3(2)
— Irregularity rendering proceedings a nullity — Absence of valid judgment — Proceedings and subsequent appeal declared nullity
5 August 1999
July 1999
Failure to comply with a court order and filing an amended plaint without leave justified dismissal with costs.
Civil procedure
— amendment of pleadings — Amended plaint filed out of time and beyond scope of order should be struck out, not cured by overriding objective — Order VI r.17
— Pleadings — Striking out plaint for failure to comply with mandatory pleading requirements — Order VII r.4
30 July 1999
Under summary procedure the applicant must disclose substantive triable issues, not mere afterthoughts, to obtain leave to defend.
Banking law — Dishonoured bills of exchange
— agreement as background
— misjoinder allegation rejected
— pleading of consideration and notice of dishonour
30 July 1999
Applicant failed to disclose triable issues under summary procedure; leave to defend denied and judgment entered for the plaintiff.
Banking law — Bills of exchange — cause of action founded on dishonoured bills and notice of dishonour
Civil procedure — Pleadings — sufficiency of allegation of consideration and description of defendant
30 July 1999
Failure to comply with statutory service requirements under the Local Government Act renders the suit against the local authority unmaintainable.
Land law — Local government act s97
— misjoinder of defendant is curable
— non-compliance renders suit unmaintainable
— service on Chief Government Valuer insufficient
— statutory service on local authorities mandatory
29 July 1999
Claim for wrongful termination dismissed as time-barred; limitation accrues when complete cause of action arises.
Limitation law — Law of Limitation Act (1971) — six-year period for contractual claims — accrual of cause of action — computation where conflicting termination dates
27 July 1999
An agent/facilitator is not liable for principal’s obligations absent allegations of fraud; plaintiffs should sue the principal.
Criminal law — Absence of pleaded fraud by agent
— cause of action and proper defendant (principal/Government)
— leave to appeal on point of law
— misappropriation by company director does not implicate facilitator
23 July 1999
Whether a court may review its own ex parte judgment and whether leave to appeal requires only an arguable case.
Civil procedure — Leave to appeal — sufficiency of an arguable case — certification of points of law for appeal
Civil procedure — Review of ex parte judgment
— whether court can review its own decision in circumstances
— Whether there was an application for review
22 July 1999