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Citation
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Judgment date
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| June 2013 |
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Applicant's extension‑of‑time application struck out for failing to cite Section 14(1) of the Limitation Act.
Civil procedure – Preliminary objection – Law of Limitation Act, Cap. 89 – Extension of time – Requirement to cite specific enabling provision (Section 14(1)) – Non‑citation renders application incompetent; Revision vs Appeal – procedural competence.
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28 June 2013 |
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Dismissal at a First Pre‑Trial Conference was improper; dismissal and review ruling quashed and matter remitted for fresh conference.
Civil procedure – Pre‑trial procedure – First Pre‑Trial Conference – Proper judicial practice at First Pre‑Trial Conference; failure to attend usually warrants adjournment not dismissal. Review – Improper dismissal of suit and review – Quashing of dismissal and remittal for fresh pre‑trial conference. Judicial administration – Last adjournment orders to be sparingly used.
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28 June 2013 |
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An arguable allegation of illegality can justify extension of time to lodge an appeal despite procedural delay.
Appellate procedure – extension of time under s.11(1) Appellate Jurisdiction Act – allegation of illegality in impugned decision – court's duty to ascertain alleged illegality – defective record of appeal – negligence not automatically fatal.
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27 June 2013 |
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Ambiguous CMA reasons and reliance on a non-existent statutory provision vitiated the dismissal; matter remitted for rehearing.
Labour law — CMA procedure — ambiguous reasons for dismissal; improper statutory citation — reliance on non-existent provision; competence of applications — must comply with Labour Institutions (Mediation and Arbitration) Rules; correct provision for dismissal for non-appearance: s.87(3)(b) ELRA read with rule 28(1) GN 67/2007; change of venue and condonation procedure at CMA.
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26 June 2013 |
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Court held an alleged defamatory religious announcement justiciable and High Court had jurisdiction; preliminary objections dismissed.
Constitutional law – Article 19(2) – limits on state regulation of religious activity do not shield alleged defamatory statements made in a congregation from judicial scrutiny. Civil procedure – preliminary objection – justiciability of cause of action. Civil jurisdiction – pecuniary jurisdiction – substantive cause (defamation) determines jurisdiction, not general damages.
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26 June 2013 |
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The applicant's defamation claim is justiciable; the High Court may continue hearing despite lower-court competence.
Defamation – Justiciability under Article 19(2) of the Constitution – Article 19(2) inapplicable to alleged defamatory announcements before congregation; Pecuniary jurisdiction – Defamation is a substantive tort, not merely a monetary claim; High Court may continue hearing where proceedings are advanced.
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26 June 2013 |
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Notices to vacate issued to long‑term tenants to enable a joint venture were unlawful and the joint venture was void due to fraud and procedural defects.
Land law – Termination of tenancy – Notices to quit – statutory grounds under s.103(1) Land Act; implied covenant of quiet enjoyment Joint venture – public corporation entering JV – requirement for transparency and legality; contract vitiated where partner unincorporated/fraudulent Pre‑emptive/right of first refusal – not statutory in Tanzania but may arise under common law in exceptional circumstances Reliefs – declaratory relief, nullification of JV, refusal of unproven damages
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25 June 2013 |
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Rape conviction and 30-year sentence upheld: witness evidence admissible, absence of spermatozoa not fatal to prosecution.
Evidence – Hearsay – Distinction between direct observation and hearsay; witness who saw accused fleeing and complainant in distress gave direct evidence. Evidence – Child witness – Admissibility under s.127(2) Evidence Act; voir dire to assess intelligence and duty to speak truth. Criminal law – Rape – Absence of spermatozoa on PF3 not conclusive; medical signs and independent witness testimony may establish rape. Procedure – Credibility assessments rest with trial court; appellate court will not lightly disturb findings.
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24 June 2013 |
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Plaintiffs' plaint disclosed a cause of action challenging the party disciplinary committee's constitutionality despite a later expulsion decision.
Civil procedure – preliminary objection – cause of action – whether plaint discloses essential facts to support claim; timing of cause of action when disciplinary findings precede formal expulsion decision.* Internal party law – challenge to constitutionality of party disciplinary committee and appointments; allegations of violation of natural justice.
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24 June 2013 |
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Affidavit jurat lacking attesting officer's name is incurably defective; court struck application but granted leave to refile.
Labour procedure – affidavit jurat – rubber stamp and signature without attesting officer's name – incurable defect rendering application incompetent. Labour Court Rules – Rule 56(1) – court's discretion to allow filing out of time; sufficient cause test applied. Precedent – Felix Francis Mkosamali v. Jamal A. Tamimi; Tanga Cement test for extension of time.
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24 June 2013 |
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Deed of settlement upheld as valid; complainants failed to prove lack of free consent.
Contract law – Deed of settlement – validity and enforceability; Free consent – coercion, undue influence, fraud, misrepresentation, mistake; Burden of proof – party alleging duress must prove on balance of probabilities; Settlement clause barring further claims upheld.
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24 June 2013 |
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Notice-only application for leave to file revision struck out for failure to file required chamber summons; applicant may reapply with proper application.
Labour procedure; Notice of Application vs. chamber summons; Rule 56(1) Labour Court Rules—requirement to show sufficient reasons for extension of time; functus officio—effect of earlier dismissal of out-of-time revision application; procedural competence to seek extension of time.
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24 June 2013 |
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Non-joinder of the mortgagor under Order XXXII R1 requires amendment to add them; suit not automatically dismissed.
Civil Procedure — Mortgage — Order XXXII Rule 1 — Non-joinder of mortgagor — necessary party; remedy by amendment rather than dismissal. Preliminary objection — pure point of law (Mukisa test).
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21 June 2013 |
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A CMA award on severance pay was quashed and remitted because jurisdictional preliminary objections were not decided before the merits.
Labour law — procedural irregularity — jurisdictional preliminary objections (limitation/time-bar and pending review) must be decided before merits; failure to do so warrants quashing and remittal. — Severance pay dispute on retirement; interpretation of section 42 ELRA raised but remitted due to jurisdictional defect.
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21 June 2013 |
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Conviction for rape of a nine-year-old upheld; sentence substituted to life imprisonment due to the victims age.
Criminal law Rape of a child under ten sufficiency of victim and corroborative evidence; admissibility of medical PF3 tendered by investigating officer where medical examiner identifies it; requirement of voir dire under s.127(2)03 Evidence Act and effect of non-compliance; in camera hearing not mandatory because complainant is a child; proper sentence for rape of a girl under ten is life imprisonment (s.131(3) Penal Code).
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18 June 2013 |
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18 June 2013 |
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Application struck out for citing the wrong Court of Appeal Rule; leave to refile granted within 30 days.
Civil procedure — Competence of application — Incorrect citation of enabling provision (Court of Appeal Rules) renders application incompetent; Wrong citation not a mere technicality; Court may strike out defective application but may grant leave to refile to cure procedural defect.
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18 June 2013 |
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Respondent's undertaking and absence of irreparable harm justified dismissal of the applicant's application for a temporary injunction.
Civil procedure – Temporary injunction – applicability of Atilio v Mbowe test (serious issue, prima facie success, irreparable harm, necessity). Status quo and undertakings – counsel’s undertaking to maintain status quo may render injunction unnecessary. Possession vs title – rectification of title does not automatically negate possession-related considerations. Remedies – irreparable harm and inadequacy of damages as prerequisites for interlocutory relief.
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17 June 2013 |
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Temporary injunction refused where applicant failed to show irreparable harm and respondent undertook to maintain status quo.
Land — Interim relief — Temporary injunction under O.37 r.1 CPC; requirements: serious issue, chance of success, irreparable harm; status quo preservation; undertaking by respondent's counsel; application overtaken by events; Registrar’s rectification after forensic finding of forgery.
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17 June 2013 |
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Affidavit with blank jurat breached section 10 of the Oaths Act and was struck out; preliminary objection upheld with costs.
Evidence – Affidavits – Jurat requirements – Section 10 Oaths (Judicial Proceedings) and Statutory Declarations Act No. 59 of 1966 – Commissioner for Oaths must state whether deponent was known personally or identified by someone known to Commissioner; blank jurat renders affidavit defective. Civil procedure – Preliminary objection – competency and procedure – notice of preliminary objection acceptable; question determined as pure point of law.
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14 June 2013 |
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Affidavit lacking required identification in jurat breaches s.10 Oaths Act and is struck out; preliminary objection upheld with costs.
Oaths Act s.10 – affidavit jurat must state whether Commissioner for Oaths knows deponent personally or who identified deponent; failure to comply renders affidavit defective; procedural form of preliminary objection (Notice) acceptable; preliminary objection raising pure point of law upheld.
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10 June 2013 |
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Revision of an interlocutory tribunal order is incompetent; parties must exhaust trial-court remedies first.
Land law – Revision jurisdiction – Interlocutory orders; amendment of pleadings – remedies to be sought in trial tribunal; withdrawal of plaint does not dispose pending counterclaim; retention of Certificate of Title is interlocutory.
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7 June 2013 |