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Citation
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Judgment date
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| December 2010 |
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The applicant’s out‑of‑time review seeking re‑evaluation of evidence is time‑barred and not maintainable; appeal required.
Civil Procedure — Review — time limit for review applications (60 days) — review filed after long delay hopelessly time‑barred; O. XLII r.1 CPC — limited grounds for review (new evidence, mistake apparent on face of record) — re‑evaluation of evidence is appellate, not review, remedy; functus officio — court cannot revisit merits awardable only on appeal.
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30 December 2010 |
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Unproven construction cost claims and prolonged rent default justified lawful termination and vacant possession; appeal dismissed with costs.
Landlord-tenant law – Termination for non-payment of rent; proof of set-off for tenant-built improvements – requirement of receipts/contractor evidence; validity and service of notice to vacate; appellate review of procedural complaints (fresh evidence, assessor qualification).
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22 December 2010 |
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Armed robbery conviction quashed for insufficient and uncorroborated evidence; appellant ordered released.
Criminal law – Armed robbery – sufficiency of evidence; identification – known person identification; uncorroborated testimony – weight of single witness evidence; admissibility and weight of statements of absent witnesses under Evidence Act s.34B(2); appellate intervention where conviction not proved beyond reasonable doubt.
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22 December 2010 |
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The appellant convicted for abuse of office for authorising unauthorised project variations; unlawful superior orders provided no defence.
Abuse of office; burden of proof in criminal cases; superior orders defence; statutory construction of Bank of Tanzania Act s.14(1)-(2); invalidity of retrospective approvals for unauthorised expenditures; credibility of interested witnesses; sentencing discretion under s.35 Penal Code.
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21 December 2010 |
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Whether an objection to execution is time-barred and whether time runs from service of the execution notice.
* Civil procedure – Execution – Objection to execution – Whether objection is time-barred and when limitation begins to run (service of execution notice). * Procedural remedy – Quashing appellate proceedings and remitting primary court file for consideration of objection. * Magistrates' Courts Act s.22 referenced in submissions but not substantively argued.
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20 December 2010 |
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Court dispensed with conciliation-certificate requirement under s.101(f) and upheld respondent’s custody order; appeal dismissed with costs.
* Family law – Divorce – Requirement to refer matrimonial disputes to a Marriage Conciliation Board and certificate under section 101 – scope of s.101(f) proviso permitting courts to dispense with referral where impracticable.
* Administrative/Statutory interpretation – What constitutes a Marriage Conciliation Board and formal certificate under the Law of Marriage Act and Regulations.
* Child custody – Best interests of the child; custody awards not required to be time-limited to age seven; variation/rescission of custody orders under sections 133 and 134.
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20 December 2010 |
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15 December 2010 |
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13 December 2010 |
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The appellant convicted for abusing office by authorising major project changes without required Board approval.
* Criminal law – abuse of office – public officer authorising major contract variations without prior board approval – documentary proof (letters) and witness testimony. * Administrative law – limits of executive/managerial powers under Bank of Tanzania Act – Governor not sole management; Board’s budgetary and approval functions mandatory. * Evidence – assessment of credibility; non-production of some documents not fatal absent materiality. * Sentencing – application of section 35 Penal Code; custodial sentence justified by public interest.
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12 December 2010 |
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Convictions for forgery, personation and obtaining by false pretence upheld; conspiracy conviction quashed for wrong charge and insufficient evidence.
Criminal law – obtaining by false pretence (s.302 Penal Code) – forgery by alteration of certificate of occupancy (ss.333, 335(b), 337, 338 Penal Code) – personation (s.369 Penal Code); Criminal procedure – change of magistrate and s.214 CPA – material prejudice test; Charging particulars – wrong statutory citation (s.386 v. s.306) and effect on conviction; Sentencing – application of s.338 for documents of title to land.
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10 December 2010 |
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Revision filed eight years after the primary court decision was time‑barred; settlement and consent were held valid.
Magistrates' Courts Act s.22(4) – revision time‑bar; limitation runs from primary court decision date – application for extension required if delayed; Fifth Schedule Rule 2(c) – revocation of administrator for fraud requires proof; consent settlement and primary court record as evidence of heirs' agreement.
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8 December 2010 |
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An appeal to the High Court must be by written petition; time to obtain judgment copies may be excluded from limitation.
Appeals — procedure — appeals from District Court to High Court must be by written petition filed in District Court; Rules 4 and 5's oral procedure applies only to Primary Court to District Court appeals — Limitation — appellant entitled to rely on exclusion for time obtaining copies of judgment.
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8 December 2010 |
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Whether an appeal to the High Court must be instituted by written petition, affecting limitation time to appeal.
Civil procedure – Appeals from District Court to High Court – written Petition of Appeal required under section 25 Magistrates' Courts Act – Rules 4 and 5 (Civil Procedure (Appeals Originating in Primary Courts) Rules) – oral grounds limited to Primary Court to District Court appeals – Law of Limitation Act s.19 exclusion for time to obtain copies applies.
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8 December 2010 |
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An appeal from the District Land Tribunal was struck out for being filed 47 days after documents, exceeding the 45-day limit.
Limitation of actions — Appeals from District Land and Housing Tribunal exercising original jurisdiction — Law of Limitation Act (Cap 89) Part II Item 2 prescribes 45 days — computation of time begins from supply of necessary appeal documents (Mary Kimaro v. Khalfani Mohamed).
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8 December 2010 |
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Suit dismissed as res judicata; issues should have been raised in prior litigation between the same parties.
Civil Procedure - Res judicata - fundamental jurisdictional questions - constructive res judicata - litigation finality.
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6 December 2010 |
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The applicant’s freedom of conscience protected refusal to sing the national anthem; compulsory singing and expulsions were unconstitutional.
Constitutional law – freedom of conscience (Art. 19(1)) – religious objection to singing national anthem – Ministerial directive and school circular – validity of expulsions and suspensions for refusal to sing – interplay with Articles 12, 13 and 29.
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2 December 2010 |
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Requirement to sing the national anthem does not violate students’ constitutional freedom of religion; suspensions and expulsions upheld.
Constitutional law — freedom of religion (Article 19(1)) — limits and permissible restrictions; equality and non-discrimination (Article 13) — neutral school directives; administrative powers in education — validity of ministerial circulars; disciplinary measures in schools — expulsion/suspension for refusal to sing national anthem.
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2 December 2010 |
| November 2010 |
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Court granted extension to file application to set aside dismissal, finding applicant’s reliance on court clerks reasonable.
Extension of time – whether sufficient cause shown to set aside dismissal for want of prosecution – reasonable reliance on District Court clerks and distance as justification for delay – order to file application within fixed short period.
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29 November 2010 |
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Registrar may rectify land register and subdivide land when allocation obtained by fraud; appeal dismissed.
Land Registration Act s.99(1)(d) – rectification of register where memorial obtained by fraud; jurisdiction of Registrar of Titles; Commissioner for Lands’ inquiry and criminal conviction as evidence of fraud; limitation — period runs from discovery of fraud and does not bar Registrar’s rectification once fraud established; subdivision and reallocation of title.
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22 November 2010 |
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Conviction for armed robbery quashed where contradictory prosecution evidence failed to prove the offence beyond reasonable doubt.
* Criminal law – Armed robbery – ingredients: theft, weapon/threat and violence – necessity for prosecution to prove elements beyond reasonable doubt.
* Evidence – contradictions in prosecution witnesses (amount recovered) – effect on sufficiency of proof.
* Evidence – identification and admissibility of caution statements – evidential scrutiny required.
* Evidence – corroboration and witnesses with common interest ("one family"/same employer) – relevance but not determinative if testimony is truthful.
* Procedure – alleged failure to remind accused under s.27(2) Magistrates' Courts Act – procedural irregularity considered but not sole basis of decision.
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19 November 2010 |
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Applicant failed to show sufficient cause (no medical evidence) for extension of time; application dismissed with costs.
Civil procedure – Extension of time to appeal – Requirement to show sufficient cause; Affidavit evidence – Annexed medical documents not produced; Failure to explain absence of evidence; Application for stay of execution accompanying extension of time.
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15 November 2010 |
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A ministerial dismissal letter without an express monetary order cannot support execution and prior judgment estops further terminal-benefit claims.
* Labour law – execution of administrative decisions – a ministerial letter that lacks an express monetary order cannot be treated as a decree for execution.
* Res judicata and estoppel – an acknowledgement discharging terminal benefits can bar subsequent claims; prior final judgment prevents re-litigation.
* Civil procedure – issuance and vacation of a 'Drawn Order' where no underlying monetary order exists; abuse of process and costs in employment-related proceedings.
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12 November 2010 |
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12 November 2010 |
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Denial of indebtedness and stop‑payment on post‑dated cheques raised triable issues; leave to defend granted.
* Civil procedure – Summary suit (Order XXXV) – leave to appear and defend – defendant must show a bona fide defence, triable issues, disclose sufficient facts and not advance a sham defence. * Post‑dated cheques – stop‑payment instructions – dispute as to indebtedness and reason for stop payment creates triable issue. * Application of Junaco criteria to summary suit leave applications.
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11 November 2010 |
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Staying land proceedings pending resolution of a related probate appeal was proper; appeal dismissed for lack of merit.
* Civil Procedure – Stay of proceedings – Appropriateness of staying land proceedings pending resolution of related probate appeal affecting party status.
* Evidence – Requirement to prove bias or personal relationship before challenging a tribunal Chairman’s impartiality.
* Jurisdiction – Respecting tribunal competence to determine possession claims once prerequisite probate issues are resolved.
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4 November 2010 |
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Application to replace representative plaintiffs struck out because the supporting affidavit’s jurat omitted mandatory place and date.
Notaries Public and Commissioners for Oaths Act s.8 – jurat must state place and date – affidavit lacking jurat particulars incurably defective; inherent powers cannot cure mandatory jurat defects; representative proceedings – challenge to consent judgment; striking out application; costs awarded.
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3 November 2010 |
| October 2010 |
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Plaint rejected for failing to disclose a cause of action; cannot seek cheques' return while antecedent debt unpaid.
* Civil procedure – Preliminary objection – Whether plaint discloses a cause of action; Order VII Rule 1(e) CPC.
* Cause of action – requires antecedent legal right and corresponding duty and breach; right accrues only when obligation satisfied or breached.
* Relief sought (return of post‑dated cheques) not maintainable where plaintiff’s antecedent payment obligation remains unpaid; unpleaded allegations of reputational harm do not cure defective plaint.
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27 October 2010 |
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Respondent’s unexplained refusal to release agreed funds breached contract; applicant awarded immediate disbursement, USD 14m damages, interest and costs.
Contract law – breach by non-disbursement of funds under Debt Swap/Addendum and Investment Agreement – legitimate expectation and promissory reliance – ex parte proceedings under Order VIII r.14(2)(b) where respondent defaults – award of specific performance/mandatory relief (release of funds), general damages, interest and costs.
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26 October 2010 |
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Conviction quashed where nighttime identification was unreliable, uncorroborated and based on no prior police investigation.
* Criminal law – Identification evidence – reliability of eyewitness identification at night; need to prove lighting/conditions enabling identification. * Criminal procedure – Corroboration – conviction should not rest solely on uncorroborated eyewitness testimony. * Criminal procedure – Investigation – requirement to show prior police investigation under s.10(1) Criminal Procedure Act. * Standard of proof – prosecution must prove offences beyond reasonable doubt.
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25 October 2010 |
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Attachment in execution may reach third parties under section 48 CPC, but section 95 is not the proper basis to join them.
Execution — Attachment of property and proceeds held by third parties (section 48 Civil Procedure Code); Inherent powers — limits of section 95 for joinder at execution stage; Joinder procedure — Order 1 Rules 3 & 7; Registrar’s role in execution.
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25 October 2010 |
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Section 48 CPC permits attachment against non-parties through whom judgment-debtor funds pass; section 95 is inappropriate for joinder.
* Civil Procedure — Execution — Attachment against non-parties — s.48 CPC allows attachment of monies/property passing through or held by third parties beneficially interested in judgment debtor.
* Civil Procedure — Inherent powers — s.95 CPC not appropriate to join third parties at execution stage.
* Civil Procedure — Joinder — Order 1 Rules 3 and 7: parties should ordinarily be joined before determination; late joinder risks abuse of process.
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25 October 2010 |
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Ex parte judgment granted where loan agreement, registered mortgage and default were proved; enforcement and costs awarded.
Civil procedure – substituted service and ex parte hearing; loan agreement and mortgage – proof of debt and registered security; enforcement by sale of mortgaged property; interest and costs awarded.
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22 October 2010 |
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Appeal against dismissal for non‑prosecution dismissed; primary court’s finding of respondent’s title and invasion upheld.
Civil procedure – appeals – dismissal for want of prosecution; joinder of non-party in extension application; inherent power to dismiss; ownership of land – invasion and illegal sale; compensation for unexhausted improvements.
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22 October 2010 |
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Failure to file court-ordered written submissions equals failure to prosecute and justifies dismissal for want of prosecution.
Civil procedure – Appeals – Written submissions ordered as substitute for oral argument – Failure to file submissions treated as failure to prosecute – Order XXXIX Rule 17(1) Civil Procedure Code – Dismissal for want of prosecution; prior authorities confirming consequence of non-compliance with filing schedule.
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22 October 2010 |
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Failure to file court‑ordered written submissions equals failure to prosecute and warrants dismissal for want of prosecution.
Civil procedure – dismissal for want of prosecution – failure to file court‑ordered written submissions – Order XXXIX Rule 17(1) Civil Procedure Code – written submissions equivalent to oral argument.
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22 October 2010 |
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Petition to disqualify a presidential candidate struck out as incompetent, frivolous and an abuse of court process.
Electoral challenges — Use of Basic Rights and Duties Enforcement Act to disqualify candidates; Competency — requirement to cite specific enabling provision; Pleadings — frivolous, vexatious and abuse of court process; Jurisdictional scope of Cap 3 R.E. 2002.
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18 October 2010 |
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A petition to disqualify a presidential candidate under the Basic Rights and Duties Enforcement Act was incompetent and frivolous.
Basic Rights and Duties Enforcement Act – scope limited to enforcement of personal constitutional rights – not a vehicle for disqualifying presidential candidates; Requirement to cite specific enabling provision when seeking court relief; Frivolous and vexatious pleadings – character assassination and political propaganda constitute abuse of court process.
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18 October 2010 |
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A plaintiff without locus standi cannot amend an incompetent suit; the correct remedy is striking out, not dismissal.
* Civil procedure — Locus standi — Competency of plaintiff to sue — A suit instituted by a person lacking locus standi is incompetent and cannot be cured by amendment. * Civil procedure — Amendment of pleadings (Order 6 r.17) — Court discretion cannot be exercised to permit amendments where plaintiff lacks legal capacity to sue. * Civil procedure — Striking out vs dismissal — Striking out is the appropriate remedy for proceedings defective for lack of locus standi; dismissal implies determination on merits.
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13 October 2010 |
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A foreign plaintiff without local assets ordered to deposit USD8,000 security for costs after court exercised its discretion.
Security for costs – Order XXV r.1(1) Civil Procedure Code – court’s discretion to order and fix security – burden on applicant to proffer evidence of costs incurred/likely – percentage-based theoretical calculations inadequate – foreign plaintiff without local assets ordered to deposit security.
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5 October 2010 |
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An improperly dated decree and failure to join the Attorney General render an execution application incompetent and are struck out.
Civil procedure – execution of decree – decree must bear the date judgment was pronounced (O. XX r.7 CPC); Government proceedings – suits against Tanzania Revenue Authority treated as proceedings against the Government requiring joinder of the Attorney General (Government Proceedings Act; Tanzania Revenue Authority Act); procedural competence – defective decree and non-joinder justify striking out.
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5 October 2010 |
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A court may enter judgment on admission without a plaintiff’s application and a counterclaim does not bar such judgment.
Civil procedure – Judgment on admission – Order XII r.4 (Civil Procedure Code) – Directory, court may enter judgment on admissions without plaintiff’s formal application; Counterclaim – existence of counterclaim does not bar judgment on admission; Defendant must pursue counterclaim or set-off in trial court.
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4 October 2010 |
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Where a plaintiff admits lack of locus standi the suit is incompetent and must be struck out; amendment cannot cure lack of standing.
Civil procedure — Locus standi — Plaintiff’s admission of lack of locus standi incapacitates him from prosecuting suit or seeking amendment; Order 6 r.17 (CPC) cannot confer standing — Remedy for lack of locus standi is striking out (not dismissal) — Distinction between striking out and dismissal and effects on re-filing.
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3 October 2010 |
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Whether an e-mail is admissible in civil proceedings and what authentication standards must be met.
Evidence — Electronic evidence (e-mail) — Construction of "document" under Evidence Act — Admissibility in civil proceedings — Authentication and audit trail requirements — Hearsay, best evidence/original-writing rule — Probative value versus unfair prejudice — Court-developed standards for ESI.
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1 October 2010 |
| September 2010 |
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Applicant's statutory rape conviction and 30‑year sentence upheld on unchallenged complainant testimony.
Criminal law – Rape – Statutory rape under s.130(2)(e) Penal Code – Uncontradicted complainant evidence – Sufficiency of evidence – Sentence of imprisonment and corporal punishment upheld.
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29 September 2010 |
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Conviction overturned due to unreliable identification and discrepancies in vehicle registration.
Criminal law – identification evidence – reliability of identification parade where parade participants and conducting officer not called; delay between incident and parade; discrepancy in vehicle registration numbers; proof of identity beyond reasonable doubt.
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24 September 2010 |
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Conviction quashed where vehicle-registration discrepancies and defective, delayed identification parade made identification unsafe.
Criminal law – Identification evidence – Delay and poor conduct of identification parade; mismatch in reported vehicle registration; witness exposure and reliability; unsafe conviction due to mistaken identification.
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24 September 2010 |
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Court retained jurisdiction to hear the defamation suit despite expired scheduling order where delay was not due to the plaintiff.
Civil procedure – Scheduling orders and speed tracks (Order VIII A) – expiry does not automatically oust jurisdiction where delay is not party‑caused; Preliminary objections – striking out for non‑compliance with schedule; Limitation – applicability of departure applications; Assessors – court‑caused absence as excuse for delay; Court’s power to amend Scheduling Order to prevent denial of justice.
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17 September 2010 |
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A tort claim for delayed appeal documents was time‑barred and dismissed for failure to plead exemption from limitation.
Civil procedure; preliminary objections — distinction between constitutional remedies and ordinary tort claims; Basic Rights and Duties Enforcement Act procedure not applicable where plaint seeks damages; non‑citation of constitutional article not fatal in a plaint; limitation law — tort claims subject to three‑year limitation; requirement to plead grounds for exemption from limitation under Order VII r.6 CPC; plaint rejected under Order VII r.11(c) CPC.
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16 September 2010 |
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Application for extension denied for lack of reasonable cause; trial adjourned to secure foreign witnesses (video conferencing acceptable); appeal allowed and conviction quashed.
* Criminal procedure – extension of time to lodge notice of appeal – applicant must show reasonable cause for delay; registry endorsement error must be raised timely and may not succeed where record shows lodgement out of time.
* Criminal procedure – adjournment for foreign witnesses – court may grant time to secure witnesses abroad, balancing accused’s right to fair and expeditious trial; video conferencing may be ordered at prosecution’s cost if obtaining attendance is impractical.
* Appeal – safety of conviction – appellate court may quash conviction and set aside sentence where conviction cannot be sustained.
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3 September 2010 |
| August 2010 |
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Court recorded an out-of-court settlement requiring defendants to pay Tshs.4,000,000/= in two instalments, each party bearing its own costs.
Civil procedure – Recording and enforcement of out-of-court settlement – Court may record agreed terms and make them enforceable as a decree; payment schedule and costs allocation.
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30 August 2010 |