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Citation
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Judgment date
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| April 2013 |
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Appeal dismissed: tribunals properly addressed residential licences, building-permit issues and road-compensation dispute between the parties.
Land law – residential licences – recognition of licence as evidence of premises occupation; Building regulation – requirement for building permits and necessary parties in enforcement; Access and compensation – locus visit credibility, unsurveyed land, negotiation for road formation and compensation; Appellate review – no error where lower tribunal's factual findings supported by evidence.
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30 April 2013 |
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Respondent's default and improperly amended appeal document led to expungement; new issues not raised at trial cannot be heard on appeal.
• Civil procedure – consequences of failing to comply with court-ordered written submissions – treated as failure to defend; court may determine matter on available record. • Pleadings – amended memorandum of appeal must comply with court order; improperly titled or non-compliant documents may be expunged. • Appellate review – issues not raised and decided at trial cannot be introduced on appeal (unless pure points of law). • Evidence – trial tribunal's factual findings on ownership and tenancy upheld.
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30 April 2013 |
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Respondent’s failure to file court‑ordered submissions amounted to failure to defend; court proceeded on appellant’s submissions.
Land appeal procedure – failure to file court‑ordered written submissions – treated as failure to defend – court may determine appeal on appellant's submissions; procedural compliance – distinction between "additional grounds" and an "amended memorandum of appeal"; challenge to execution orders raised after filing appeal.
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30 April 2013 |
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Application for leave for certiorari and mandamus dismissed as time‑barred under s.19(2) of the Law Reform Act.
Administrative law – leave to apply for certiorari and mandamus – limitation under s.19(2) Law Reform (Fatal Accidents and Miscellaneous Provisions) Act, Cap.310 – six‑month period; Civil procedure – failure to prosecute by non‑filing of ordered submissions; Court’s duty to consider unopposed submissions.
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29 April 2013 |
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Appellant’s fence encroached 3.2 feet; tribunal findings upheld and appeal dismissed with costs.
Land law - Boundary disputes; Trespass by encroaching fence; Credibility of evidence and site inspection; Assessors’ opinions accepted on factual boundary determinations.
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29 April 2013 |
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Dismissal for expired speed track was unlawful where the speed track had been validly extended and the magistrate acted suo motu without hearing parties.
Civil procedure – Speed track (Order VIII A CPC) – Extension of scheduling order – Dismissal for expired speed track – Improper suo motu decision by trial magistrate without hearing parties – Revision under Magistrates Courts Act s.44.
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29 April 2013 |
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Allegation that court began early implying judicial misconduct requires high proof; restoration refused.
Criminal procedure — restoration of appeal dismissed for want of prosecution; explanation for non-appearance; allegation of judicial misconduct; high standard of proof required (above balance of probabilities); appellate review limited to restoration, not merits of conviction.
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25 April 2013 |
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Next friend lacked standing to annul administrator's appointment; eviction orders were consistent and application dismissed.
Probate and administration – intestate estate – appointment and removal of administrator – standing of non-heir/next friend to challenge appointment. Civil procedure – revision – functus officio – consistency of district court orders and validity of subsequent eviction order. Eviction and sale of estate property – distribution of proceeds to heirs; fitness of administrator assessed by recognition of beneficiaries, not personal care.
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23 April 2013 |
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19 April 2013 |
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Alternative conviction was irregular; substituted offence was not minor/cognate and acquittal cannot be appealed via replying submissions.
Criminal procedure – alternative verdicts – sections 300–307 Criminal Procedure Act (Cap. 20) – minor and cognate offence requirement; Penal Code s.312(1)(b) (possession of property reasonably suspected to be stolen) vs s.296(1) (breaking and stealing) – DPP appeal procedure and limits (ss.377–381 Cap.20) – prosecution cannot appeal acquittal via replying submissions.
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16 April 2013 |
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An accused mentioned by a co-accused cannot be denied bail absent chemist and value certification.
Criminal Procedure Act s.148(3) & s.148(5)(a)(iii) – bail pending trial – statutory bar contingent on certification of drug type and value.* Drugs Act s.27(1)(b) – requirement of Commissioner’s certificate where value exceeds TSh 10,000,000.* Evidentiary requirement – Government Chemist report and corroboration required before denying bail where accused is only mentioned by co-accused.* Procedural error – subordinate court’s denial of bail quashed where statutory prerequisites absent.
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15 April 2013 |
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Failure to file court-ordered written submissions amounts to failure to prosecute and warrants dismissal with costs.
Civil procedure – failure to prosecute – non-compliance with court-ordered timetable for written submissions – failure to prosecute warrants dismissal; application for extension of time to file submissions – dismissal renders main application unprosecuted; stay of execution/extension to lodge appeal not determined on merits due to non-prosecution.
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15 April 2013 |
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Speed Track time runs from filing; scheduling non-compliance sustains objection, but plaintiffs allowed to rectify under court’s discretion.
Civil procedure — Order VIIIA (scheduling) — Speed Tracks — Time runs from commencement of suit, not from assignment date; scheduling orders mandatory. Civil procedure — Preliminary objection — Court must not pre-empt objection by exercising Order VIIIA Rule 4 powers to amend/extend scheduling order. Civil procedure — Section 95 CPC — Court’s discretion to allow rectification rather than striking out where no prejudice shown. Constitutional argument — Article 107A(2)(e) not a substitute for compliance with clear procedural rules.
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11 April 2013 |
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A review application filed by memorandum (not chamber summons with affidavit) is procedurally incompetent and is struck out with no order as to costs.
Civil Procedure — Review under Cap 33; procedural mode — Order XLIII Rule 2 requires chamber summons supported by affidavit; exceptions (oral, signed memorandum, other mode) narrow; competence raised sua sponte; incompetent review application struck out; no order as to costs where defect decided by court.
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10 April 2013 |
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5 April 2013 |
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Court overruled res subjudice objection in one land suit and declared plaintiff owner of a Temeke matrimonial house.
Civil procedure – res subjudice – requirement that two suits affect the same right and be guided by the same legal principles – mortgage proceedings not necessarily identical to title dispute.* Land law – matrimonial property – declaration of ownership and registration where defendant voluntarily conveys a specific house to former spouse.
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4 April 2013 |