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Citation
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Judgment date
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| March 2013 |
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Appeal dismissed as time-barred where certified court documents remained uncollected for over five years.
Limitation — appeals — Law of Limitation Act Cap.89 s.19(2) — period requisite for obtaining copies — certified copies ready for collection but not collected — unexplained multi-year delay not excluded — appeal time-barred.
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28 March 2013 |
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An appellant’s failure to collect certified court records when ready renders the appeal time‑barred.
Civil procedure – Limitation of actions – Section 19(2) Law of Limitation Act – exclusion of the period "requisite for obtaining" copies of decree – when delay in collecting certified records is not excused. Civil procedure – Preliminary objection – time‑bar – duty of litigant to follow up and obtain certified records – dismissal of appeal for being time‑barred.
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28 March 2013 |
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High Court lacks jurisdiction to hear a stay application after a Notice of Appeal to the Court of Appeal is filed.
Civil procedure – stay of execution – jurisdiction after lodging Notice of Appeal – High Court’s inherent jurisdiction limited where Code/Rules provide – Order XXXIX Rule 5(1) CPC; Rule 11(2)(b) Court of Appeal Rules, 2009 – Notice of Appeal deemed commencement of appeal.
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27 March 2013 |
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A sick, non-violent first offender with a reasonable appeal may obtain bail pending appeal subject to stringent security.
Bail pending appeal; reasonable cause; convict's ill-health and inadequate prison care; non-violent offences and first offender status; appeal not frivolous/reasonable prospect of success; stringent security conditions (TZS 10,000,000 bond and property security).
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25 March 2013 |
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Ward tribunal lacked jurisdiction over high-value municipal land; both tribunal decisions were nullified.
Land law – Ward Tribunal jurisdiction – pecuniary limit (TSh 3,000,000) and geographical/statutory competence – Ward Tribunals in municipalities/cities – nullity of proceedings where tribunal lacks jurisdiction – execution pending jurisdictional determination – issues of adverse possession and unexhausted improvements.
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19 March 2013 |
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Plaintiff’s plaint discloses a cause of action; 3rd defendant’s preliminary objection overruled pending substantive determination of spousal consent.
Civil procedure — preliminary objection — whether plaint discloses a cause of action — application of Auto Garage v Motokov test. Mortgage law — validity of mortgage over matrimonial property — alleged lack of spousal consent and fraud. Family law — spousal consent in polygamous marriage — issue of consent not to be decided on preliminary objection.
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19 March 2013 |
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Court upheld equal division of matrimonial assets despite applicant’s greater financial contribution.
Family law – Division of matrimonial property – Application of section 114 Law of Marriage Act – Financial and non-financial contributions. Property law – Title registration is a rebuttable presumption in matrimonial disputes. Civil procedure – Court may adjudicate division of matrimonial assets where parties live separately despite no formal divorce decree. Evidentiary issues – Treatment of proceeds from sale of matrimonial assets (Tegeta house and lorry).
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12 March 2013 |
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A fresh suit filed after dismissal under O.XXV r.2(1) is improper; the plaintiff must apply to set aside the dismissal.
Civil Procedure – Order XXV r.2(1) – dismissal for failure to furnish security for costs – correct remedy is application under Order XXV r.2(2) to set aside dismissal and seek extension of time. Filing a fresh suit after dismissal under O.XXV r.2(1) is improper. Preliminary objection may dispose of matter without addressing other objections (e.g., time bar).
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11 March 2013 |
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Plaintiff’s pleaded tenancy, subletting and termination sufficiently disclose a cause of action; preliminary objection overruled.
Civil procedure – Preliminary objection – Whether plaint discloses a cause of action – Tenancy and subletting – Termination of tenancy – Application of Puto Garage v Motokov test.
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11 March 2013 |
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An appellate tribunal improperly raised unpleaded issues and wrongly quashed the Ward Tribunal; the Ward decision was restored.
Land law – Ward Tribunal procedure; duty to call witnesses lies with parties not tribunal; Evidence Act s.143 – no prescribed number of witnesses; appellate review – appellate tribunal cannot raise or decide unpleaded issues; quashing of appellate decision and restoration of Ward Tribunal decision; pleadings limit issues for trial and appeal.
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11 March 2013 |
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A reply to a counter-claim filed after the statutory 21-day period without leave must be struck out.
Civil Procedure – time limits for pleadings – O. VIII r.11(1) Civil Procedure Code – reply to counter-claim must be filed within 21 days of service. Procedural law – mandatory statutory time limits – court cannot admit late filings made without leave. Preliminary objections – unargued points in submissions are treated as abandoned.
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8 March 2013 |
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Applicant had leave and therefore locus to challenge decision; Attorney General was improperly joined and struck out.
Government proceedings – locus standi – section 10 Government Proceedings Act (Cap. 5 R.E. 2002) – leave to apply for prerogative orders confers standing. Joinder of parties – Attorney General improperly joined where not party to underlying proceedings – name struck out.
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8 March 2013 |
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Whether claimant spouse proved contribution to improvement of pre‑marital property sufficient for division.
Matrimonial property – division of assets – pre-marital property substantially improved during marriage – burden of proof on claimant to prove contribution; conciliatory offers not admissions; appellate scope where lower court’s reasoning inadequate.
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7 March 2013 |
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An application for leave to appeal against an interlocutory High Court ruling is incompetent and was dismissed under s.5(2)(d) AJA.
Appellate jurisdiction – interlocutory/preliminary decisions – section 5(2)(d) Appellate Jurisdiction Act – incompetence of appeal against interlocutory ruling; Distinction between refusal of injunctive relief and revision of lower court orders; Preliminary objection on competence.
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4 March 2013 |
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Conviction affirmed for sodomy; unsworn child evidence properly received, sentence reduced from life to 30 years.
Criminal law – Unnatural offence (sodomy) – Child complainant – Reception of unsworn evidence under s.127(2) Evidence Act – Caution and recorded opinion that child understands duty to speak truth. Evidence – Corroboration – Mother's, grandmother's and medical evidence (PF3) sufficiently corroborate sexual penetration. Criminal procedure – Alibi – requirement to give prior notice; lack of legal knowledge no excuse. Sentencing – Life sentence excessive where victim's age was not specifically found and offender was first offender.
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4 March 2013 |
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Court upheld armed robbery conviction, finding eyewitness identification credible and alibi evidence discredited.
Criminal law – Armed robbery – Identification evidence – Eyewitness testimony and corroboration; Alibi – hospital records and bus ticket authenticity questioned; Interested witness – spouse's evidence given limited weight; Credibility assessment of witnesses.
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1 March 2013 |
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High Court upheld conviction where credible daylight identifications outweighed a discredited alibi and supporting documents.
Criminal law – Armed robbery – identification in daylight – independent eyewitnesses who knew accused prior to incident – credibility and sufficiency of identification evidence. Criminal law – Alibi – documentary evidence (medical records, bus ticket) – ability of court to discredit exhibits and supporting witnesses. Evidence – Inconsistency in dated statements – effect on credibility when explained in court.
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1 March 2013 |