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Citation
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Judgment date
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| 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 |
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Withdrawal under Order XXIII r.1(1) is discretionary, refused only if abused or prejudicial to vested rights.
Civil Procedure – Order XXIII r.1(1) – Withdrawal/abandonment of suit – Not absolute; subject to court’s discretion – Abuse of process and prejudice to accrued or third-party rights – Matrimonial proceedings – Jurisdictional/residence considerations – Costs under s.90(1) Law of Marriage Act.
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3 July 2007 |
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A purported will executed when the deceased was critically ill was invalidated; appeal dismissed and estate distributed accordingly.
Succession law – validity of testamentary document – requirement of testamentary capacity and formalities for wills. Evidence – proof of mental capacity at execution; contemporaneous illness and handwriting evidence. Civil procedure – representation by holder of Power of Attorney for an administrator. Distribution – estate shares under Islamic law (spouse one-third).
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3 July 2007 |
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Document claimed as a will invalid for lack of testamentary capacity; wife entitled to one-third; appeal dismissed.
• Probate & administration – validity of alleged will – formalities and testamentary capacity; contemporaneous evidence of illness and death.• Inheritance – Islamic law – entitlement of spouse to one-third share.• Civil procedure – representation – administrator may appear by agent holding power of attorney (Order XI rr.1–2 CPC).
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3 July 2007 |
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Applicant's suit dismissed for lack of statutory leave, non-joinder of PSRC and failure to prosecute by filing ordered submissions.
Civil procedure – preliminary objections – requirement of leave to sue or be sued where a specified public corporation is involved (Bankruptcy Act provisions) – non-joinder of PSRC – failure to file court-ordered written submissions equating to want of prosecution – dismissal with costs.
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1 July 2007 |