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Citation
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Judgment date
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| December 2007 |
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Revision dismissed because the impugned magistrate's refusal was appealable; the proper remedy is appeal.
Civil procedure – Revision vs appeal – Where an order is appealable, revision is misconceived and appeal is the proper remedy; Jurisdiction – claim of exclusive LART Tribunal jurisdiction under s.19(1) raised but did not salvage improper procedural vehicle.
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21 December 2007 |
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Commission-paid parking collectors are agents/sub-agents, not employees, so employee benefits do not automatically apply.
Labour law – employment status – agency v. employment – commission-paid collectors are agents/sub-agents under Law of Contract Act; section 61 presumption in Labour Institutions Act does not apply where contract clearly designates agency.
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21 December 2007 |
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High Court may grant leave to appeal employment dispute decisions despite Industrial Court original-jurisdiction limits.
* Jurisdiction — Industrial Court of Tanzania Act — distinction between original and appellate jurisdiction — leave to appeal to Court of Appeal permitted where High Court decision was appellate.
* Civil procedure — preliminary objection on jurisdiction — timing and scope at leave stage.
* Employment law — issues of victimization, termination procedure and lawfulness of termination as proper grounds for appeal.
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17 December 2007 |
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Failure to obtain leave and to join the official receiver rendered the suit against the public corporation unsustainable.
Civil procedure – Preliminary objections – Necessity of leave to sue a specified public corporation – Mandatory joinder of official receiver (Presidential Parastatal Sector Reform Commission) – Locus standi and third‑party procedure (Order 1 r.14) – Curative amendment/ striking out not competent to cure jurisdictional defects.
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15 December 2007 |
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Extension of time granted where judgment was delivered without notice and the intended appeal showed strong prospects.
Civil procedure – extension of time to appeal – whether lack of notice of judgment and subsequent illness constitute sufficient cause; assessment of prospects of success where lower court judgment lacks reasons.
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11 December 2007 |
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Allegations of fraud or forgery in a supporting affidavit are factual issues for trial and cannot defeat a revision application at preliminary stage.
Civil procedure — Revision application — Preliminary objection alleging affidavit fraud and forgery — Such allegations are questions of fact for trial and not grounds to dispose of the application at preliminary stage; pending related proceedings do not automatically warrant a stay.
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11 December 2007 |
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An appeal in matrimonial proceedings filed after the 45-day statutory limit without an extension is struck out.
Law of Marriage Act s.80(1)-(2) – appeals from magistrates’ court in matrimonial proceedings – forty-five day filing requirement; Preliminary objection – appeal time-barred; Effect of failure to obtain extension of time and withdrawal/absence at hearing; Appeal struck out with costs.
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10 December 2007 |
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Appellant not liable for cooperative’s earlier unpaid wages; respondent entitled only to arrears for period employed by appellant.
Labour law – employer liability for unpaid wages – whether successor employer inherits liabilities of dissolved cooperative; Cooperative Societies Act – capacity to sue and be sued; proof required to establish transfer of assets and liabilities; limitation of claim to period of actual employment by respondent.
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5 December 2007 |
| November 2007 |
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De novo rehearing ordered for disputed matrimonial property after lower courts misapplied the Law of Marriage Act.
* Family law – Matrimonial property – Distribution – Application of Law of Marriage Act s.114(1),(2) – Failure to show parties' contributions.
* Civil procedure – Appeal – High Court’s power under Magistrates' Courts Act s.29(a) to order rehearing de novo.
* Appellate review – Material evidence omitted and lower courts misled – retrial ordered.
* Procedure – Retrial to be filed without fees and before a different Resident Magistrate.
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22 November 2007 |
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Plaintiff’s unsupported allegations of judicial bias failed the fair‑minded and informed observer test; recusal denied.
* Judicial disqualification – allegation of bias – requirement that a fair‑minded and informed observer would perceive a real possibility of bias – mere dissatisfaction or unsupported complaints insufficient.
* Civil procedure – recusal application – necessity of formal application/affidavit and adherence to established case law.
* Defamation procedure – where assessors fall below three, proceedings must start de novo under Rule 8(2) of the Defamation Regulations.
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19 November 2007 |
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Contempt convictions quashed where mandatory charging, pleading procedures were not followed and sentences exceeded statutory power.
Contempt of court — procedure — requirement to frame and record charge; read charge to accused; call accused to show cause and record reply — absence of formal complaint and plea vitiates conviction; sentencing beyond statutory powers; revision to quash proceedings.
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16 November 2007 |
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High Court cannot direct Registrar to enter injunction or restrain transfer under section 79 absent an injunction; remedy is mandamus or caveat.
* Land law – Land Registration Ordinance, Cap 334 – section 79 – Registrar’s discretionary power to enter an injunction in the land register to prevent fraud or improper dealing. * Judicial powers – High Court’s role under section 79(3) limited to hearing applications relating to removal of an existing injunction; it cannot command the Registrar to enter an injunction. * Remedies – where Registrar has not acted, remedy is judicial review/mandamus or entry of a caveat under section 78. * Court enforcement – High Court is not execution arm of subordinate courts; subordinate courts enforce their own orders.
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16 November 2007 |
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Conviction for obtaining money by false pretences quashed for lack of evidence of knowingly false representation and intent to defraud.
Criminal law — Obtaining money by false pretences — Element of knowingly false representation and intention to defraud; relevance of appellant's appeal and continued occupation as evidence; sufficiency of evidence for conviction.
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14 November 2007 |
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Withdrawal of charge does not establish malicious prosecution; reasonable cause to report defeats false imprisonment claim.
Tort — false imprisonment and malicious prosecution — requirement of reasonable and probable cause — withdrawal or discharge not conclusive of malice — evidentiary standard for malicious prosecution.
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12 November 2007 |
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Default judgment set aside for procedural defect; trespass torts remain within ordinary courts' jurisdiction; councilors may be sued personally.
* Civil procedure – Default judgment – Order VIII Rule 14 – requirement of summons to appear/proof of service – where absent plaintiff must proceed under Rule 14(2) ex parte proof.
* Jurisdiction – Land Disputes Courts Act 2002 – ordinary courts’ jurisdiction not ousted for tort claims such as trespass to land.
* Public office – liability of councilors – section 65 protection for bona fide acts; burden of proof on official.
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7 November 2007 |
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Review application dismissed for failing mandatory procedural format and for not meeting statutory grounds for review.
Civil Procedure — Review — Requirement to file a Memorandum of Review in the prescribed format (Order XLII r.3) — Grounds for review limited to new and important evidence or error apparent on the record (Section 78; Order XLII r.1) — Court functus officio as to matters already decided — Improperly filed Chamber Summons and misdirected complaint render review incompetent.
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6 November 2007 |
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Court allowed appeal: striking out ex parte employment claim was improper review without following Order XLII procedures.
Employment law – jurisdiction – Employment Ordinance sections 130/132; Exemption Order and wage threshold; Civil Procedure – Review (Order XLII) – requirement for formal review application; procedure for setting aside ex parte judgment; magistrate exceeding powers by striking out suit in interlocutory application.
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6 November 2007 |
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A State Attorney’s verified defence can validly represent a public corporation; the Attorney General need not be joined automatically.
Civil procedure – Validity of pleadings signed by State Attorneys – Order VI Rules 14 & 15; Public corporations – separate corporate personality under Public Corporations Act and GN 219/1974; Joinder – Attorney General not automatically a necessary party where Government has interest or provides funding; Extension of time – no reasonable cause where valid pleading already filed.
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6 November 2007 |
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Preliminary objection overruled; defective but amendable affidavit — deponent must clarify verification of statements of information or belief.
Affidavit verification – interlocutory applications – statements on information or belief – requirement to disclose grounds or source – Mukisa Biscuit preliminary objection test – amendment of defective affidavit.
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2 November 2007 |
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Application for leave to seek certiorari and mandamus dismissed as filed outside the six‑month statutory limitation.
* Administrative law – prerogative remedies – leave under s.17A (now s.19) Law Reform (Fatal Accidents) Act – six‑month limitation period for leave applications; * Civil procedure – preliminary objections – distinction between pure points of law and matters for substantive determination; * Limitation – commencement of limitation period where act complained of dated only approximately.
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1 November 2007 |
| October 2007 |
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Court affirms auctioneer fees are distinct from court costs; auctioneer must file bill for taxation; revision dismissed.
Execution law – Attachment of goods – Court brokers/auctioneer fees and storage charges – Distinction between court-awarded costs and execution charges – Court Brokers and Process Servers Rules (Rule 12) – Requirement to file bill and taxation (Rule 12(3)) – Liability for execution charges (Rule 12(5)) – Functus officio argument rejected – Lifting corporate veil of dissolved company under s.283(5) Companies Act by separate application.
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30 October 2007 |
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Land tribunals lack jurisdiction over probate disputes; proceedings outside jurisdiction were declared a nullity.
Jurisdiction — Land tribunals — Limits of jurisdiction — Probate matters and distribution of deceased's property not within Land Act tribunals' jurisdiction — Res judicata — Proceedings outside jurisdiction declared nullity.
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24 October 2007 |
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Failure to cite the specific statutory and rule provisions rendered the leave application incompetent and it was struck out with costs.
Appellate procedure — leave to appeal — must cite specific enabling provision of Appellate Jurisdiction Act (s.5) and applicable paragraph of Court of Appeal Rules (Rule 43); failure to properly move the court renders application incompetent and liable to be struck out — appeals from consent orders require invocation of s.5(2)(a)(i).
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19 October 2007 |
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Labour Officer settlement and payment precluded further subsistence claims; no evidence of improperly computed pension contributions.
Employment law – termination – terminal benefits – PPF/pension contributions – distinction between late remittance and miscalculation – Parastatal Organisations Pensions Scheme Act (remittance, recovery and remedies) – Labour Officer settlement under Employment Ordinance s.130/132 – subsistence allowance limited to period until benefits paid.
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9 October 2007 |
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Whether terminal benefits, PPF delays, subsistence allowances and mitigation/estoppel justify further employee claims.
* Employment law – termination benefits – computation of terminal benefits and applicable rate; PPF contributions and liability for delay. * Labour procedure – subsistence/repatriation allowances and period of entitlement. * Remedies – mitigation of damages, estoppel by payment, and costs allocation.
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9 October 2007 |
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Application for bail struck out as premature and brought under inapplicable provisions; High Court lacks jurisdiction until matter is before it.
Criminal procedure — Bail — Jurisdiction to grant bail is statutory; High Court cannot grant bail or direct magistrate in matters not before it; JALO cannot be used to create jurisdiction where proceedings have not been committed; s.148 CPA exercisable only in cases pending before the High Court; premature applications to High Court struck out.
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8 October 2007 |
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Whether an alleged liquidator appointed by an empowered agent has locus standi and whether the plaint was properly verified.
* Company law – liquidation – appointment of liquidator by agent under consultancy/liquidation agreement – substantive notice to Registrar suffices in absence of formal deed.* Civil Procedure – pleadings – verification – O. VI, Rule 15(2) CPC requires specification of what is verified from personal knowledge and what is on information and belief, particularly where a verifier acts under power of attorney.* Locus standi – alleged liquidator appointed by empowered agent has standing to sue where appointment is demonstrated in substance.
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5 October 2007 |
| September 2007 |
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District Court lacked statutory jurisdiction in a contentious probate matter; proceedings declared nullity and returned to Primary Court.
Probate and Administration — Jurisdiction of District Courts — District Delegate appointment under s.5 — "Small estate" limits under s.2(1) and s.6 — Transfer from Primary Court — Representation by advocate does not confer jurisdiction — Proceedings nullity where statutory prerequisites absent.
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14 September 2007 |
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An appeal is incompetent if accompanied by a decree not dated the day the judgment or ruling was pronounced.
Civil Procedure — Order XX r.7 CPC — Decree/drawn order must bear date of pronouncement of judgment/ruling — Improperly dated decree renders appeal incompetent — Appeal struck out with costs.
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12 September 2007 |
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Interdiction and termination by proper local and ministerial authorities were lawful; certiorari and mandamus refused.
Local Government service law; interdiction under Section 14(1) and Regulation 53; appointing/disciplinary authority under Section 14A(b); President as appellate authority; certiorari/mandamus thresholds.
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11 September 2007 |
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Preliminary objections largely fail where facts must be ascertained; plaintiff must produce board authorization or suit will be struck out.
Civil procedure – preliminary objections – Mukisa test – objection must raise pure point of law; evidence not to be annexed to submissions; corporate capacity – effect of strike-off; corporate internal authorization to sue – production of board resolution required.
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5 September 2007 |
| August 2007 |
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A stay of execution requires a pending appeal; extension applications must cite the enabling statute and justify delay.
Civil procedure — Stay of execution — Order XXXIX Rule 5 CPC requires an existing appeal; application for extension of time must invoke appropriate enabling statute (s.20(4)(a) Magistrates' Courts Act); unexplained delay and lack of supporting evidence negate sufficiency of cause; non‑citation renders application incompetent.
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31 August 2007 |
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The applicant succeeded in having a garnishee order against the respondent quashed for procedural irregularities.
Civil procedure — Execution — Garnishee Order — requirement of Garnishee Order Nisi and notice to show cause (Order XXI Rule 20(1)(a)); validity of drawn orders; functus officio and finality of prior trial-court rulings; remedy — revision and quashing of orders.
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28 August 2007 |
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Leave to seek certiorari and mandamus granted; request to operate as a stay refused for lack of proper application and evidence.
Administrative law – prerogative remedies – leave to apply for certiorari, mandamus and declaration; requirements for leave – affected person and no alternative remedy; timing of application; interlocutory relief – stay of proceedings/stay of execution requires separate application and supporting affidavit; oral submissions insufficient.
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17 August 2007 |
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Sale of applicant's house executed with material irregularities and without proof of service warranted de novo hearing.
Execution of judgment – material irregularities in sale of property – sale of property not subject to attachment and without proclamation – lack of proof of service – substantial injury to judgment debtor – quash and remit for de novo hearing.
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9 August 2007 |
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Applicant failed to prove sufficient cause to set aside dismissal for non-appearance; lack of court clerk's affidavit was fatal.
Civil procedure – dismissal for non-appearance – Order IX r.8 and r.9 – application to set aside dismissal – requirement to show sufficient cause – need for direct corroboration (affidavit) from court officer alleged to have caused misdirection – prior history of adjournments relevant to sufficiency of cause.
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7 August 2007 |
| July 2007 |
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31 July 2007 |
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Bank negligently dishonoured customer's cheque despite sufficient funds, breaching contract and attracting general damages.
Banking law – Banker–customer relationship – duty to honour cheques where account has sufficient funds; negligence for wrongful dishonour; absence of notice; assessment of general damages; libel/special damages not proved.
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24 July 2007 |
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A retrial improperly constituted by a previously-seated assessor rendered proceedings nullity, so res judicata did not apply; appeal dismissed.
Land law; res judicata; Land Disputes Courts Act s.54(1) (saving provision); s.4(1) jurisdictional limits; competence of primary court; retrial de novo; assessors' composition; non-compliance with retrial order renders proceedings nullity; appeal dismissed with costs.
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24 July 2007 |
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23 July 2007 |
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Whether a statutory categorical bar on bail for armed robbery and related procedural rules violate constitutional rights to liberty and fair trial.
Criminal procedure — Bail — Section 148(5)(a) CPA — Categorical denial of bail for armed robbery — Alleged breach of constitutional rights to liberty, presumption of innocence and fair trial; Disclosure — Section 9(3) CPA — Accused’s right to know prosecution case; Speedy trial — Section 225(4) CPA vis‑à‑vis Article 107A(2)(b); Constitutional review — Court examines statute’s provisions, not only their exercise.
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13 July 2007 |
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Denial of bail for armed robbery under s.148(5)(a) breaches Article 15(2)(a); court grants government 18 months to amend law.
Constitutional law — Personal liberty — Bail — s.148(5)(a) Criminal Procedure Act — lacks "procedure prescribed by law" — overbroad in relation to "armed robbery" — violates Article 15(2)(a); Court may invoke Article 30(5) to permit government to rectify defect. Criminal procedure — Disclosure — s.9(3) Criminal Procedure Act — restriction on automatic pre‑trial disclosure of witness statements not unconstitutional in present context; practical safeguards exist. Right to speedy trial — s.225(4) Criminal Procedure Act — non‑compliance not per se violation of Article 107A(2)(b); adjournment/certificate regime applies to armed robbery.
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13 July 2007 |
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13 July 2007 |
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Unauthorized construction breached the operator agreement; no compensation and the appeal was dismissed with costs.
Contract law – Operator agreement – clause prohibiting alterations or additions without prior written consent; unauthorized improvements – no entitlement to compensation; contract termination by death; appellate review of trial magistrate’s factual findings.
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13 July 2007 |
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Application to amend and revisit a judgment was dismissed as time‑barred and procedurally improper.
Civil procedure – limitation of actions – application to vary or revisit a judgment filed outside 60‑day limitation period – late filing without application for extension renders matter incompetent; reliefs that amount to the court sitting in appeal/revision of its own judgment are procedurally impermissible.
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10 July 2007 |
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6 July 2007 |
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4 July 2007 |
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Plaintiff's malicious prosecution and false imprisonment claims failed for lack of proof of absence of reasonable cause and malice.
Malicious prosecution — elements: prosecution by defendant; termination in favour; reasonable and probable cause; malice — discharge or acquittal alone does not prove lack of reasonable cause or malice; False imprisonment — lawfulness of arrest/detention under s.32 Criminal Procedure Act and s.148(5) (no bail for armed robbery); burden of proof on plaintiff.
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4 July 2007 |
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Probate proceedings conducted by a court lacking statutory jurisdiction are null and void and will be quashed.
Probate law — jurisdiction — District Court limited to small estates; Resident Magistrate requires appointment as District Delegate under s.5 Probate and Administration of Estates Act; proceedings without jurisdiction are nullities and are quashed.
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4 July 2007 |
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A claim for terminal employment benefits is a trade dispute and not within the High Court's original jurisdiction.
Labour law — trade dispute — claim for terminal benefits — Industrial Court of Tanzania Act s3 — High Court lacks original jurisdiction over trade disputes — inadmissibility of out-of-time submissions without leave.
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3 July 2007 |