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24 judgments found.
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May 2014
Ward tribunal lacked pecuniary jurisdiction over the land dispute; lower tribunals' decisions set aside.
Land law — Jurisdiction — Pecuniary jurisdiction of ward tribunal — Value of disputed land exceeding statutory ward limit renders proceedings nullity — Appellate review where lower tribunal erroneously upholds jurisdictionally defective decision
30 May 2014
The appellant's convictions were quashed for unreliable evidence and improper exhibit tendering; release ordered.
Criminal law — Conviction safety
— appellate allowance and quashing of conviction where prosecution evidence is weak or procedurally defective
— Inconsistent witness testimony and improper exhibit tendering undermine proof beyond reasonable doubt
30 May 2014
Demotion did not amount to lawful termination; employer failed to prove or follow fair procedure, court found unfair dismissal and awarded arrears and compensation.
Labour law — Cause of action
— accrual on receipt of termination notice
— Code of Good Practice
Labour law — unfair termination — whether demotion constituted termination — burden on employer to prove valid reason and follow fair procedure
30 May 2014
Revision dismissed: CMA properly exercised discretion denying condonation for inordinate delay; no sufficient cause proved.
Civil procedure — Administrative/tribunal review — High Court will not interfere where CMA properly considered evidence and exercised discretion
Labour law — extension of time/condonation
Limitation law — Limitation — limitation periods are fundamental, not mere technicalities
29 May 2014
Applicant's revision dismissed for failing to prove sufficient cause for extension of time to file a labour dispute.
Labour law
— extension of time/condonation — sufficiency of cause for delay in filing trade disputes
— limitation — time bars in labour disputes are fundamental, not merely technical
— review — appellate court will not interfere where CMA considered evidence and gave reasons
29 May 2014
Application for stay of execution dismissed; appeal unlikely and purchaser would suffer prejudice, execution to proceed.
Civil procedure — refusal of leave to appeal out of time — execution to proceed
Civil procedure — Stay of execution
— sale of estate property by public auction and distribution of proceeds among heirs
— Whether applicant shows overwhelming prospects of success and balance of convenience favouring stay
27 May 2014
Stay of execution refused where sale and distribution were fair and the appeal lacked prospects.
Civil procedure
— leave to appeal out of time — lack of serious point of law justification
— Sale of estate property by public auction — validity and fairness of sale and distribution of proceeds
— Stay of execution — Principles: balance of convenience, prospects of success, risk of irreparable harm
27 May 2014
23 May 2014
Bail granted for economic crimes; s.36(1) Cap.200 held unconstitutional and bail imposed with specified conditions.
Criminal procedure
— Bail
— Section 36(1) Cap.200 declared unconstitutional (Costa Mahalu) — bail conditions: monetary bond, surety with immovable property, surrender of passports, travel restriction
23 May 2014
A jurat omitting the attesting officer’s name is a curable defect; leave granted to file an amended affidavit.
Civil procedure
— Affidavit formalities — omission of attesting officer’s name raised as defect — Curable defect, leave to amend
— preliminary objection — striking out incompetent applications versus permitting refiling or amendment — Court’s discretion guided by Court of Appeal precedent
22 May 2014
Appellate court reduced excessive custodial sentences for property offences but upheld attachment order to compensate the victim.
Criminal law — sentencing — Excessive sentence
— Ancillary order for attachment and sale of property to compensate victim upheld
— General deterrence unsupported by statistics insufficient to justify harsh punishment
20 May 2014
Court reduced excessive sentences and set aside house-attachment order for failure to consider mitigating circumstances.
Criminal law — sentencing — Excessive sentence — Deterrence justification unsupported by evidence — Order of attachment and sale of house set aside
20 May 2014
Extension of time under s.14(1) Cap.89 not time‑barred; defective served jurat not fatal if original is authentic.
Civil procedure — Affidavit jurat — sufficiency of jurat particulars — defective served copy not fatal where original court record shows proper identification
Limitation law — extension of time — application may be made before or after expiry of prescribed period — s.14(1) Law of Limitation Act (Cap. 89)
13 May 2014
Procedural lapses and nighttime identification challenge insufficient to overturn a rape conviction supported by victim and medical evidence.
Criminal law — Rape — Identification evidence — Sufficiency of complainant’s testimony corroborated by medical evidence — Procedural omissions
13 May 2014
Procedural defects did not vitiate conviction where identification and medical evidence proved rape beyond reasonable doubt.
Criminal law — Rape — Visual identification
— Medical evidence corroboration
— prior acquaintance and subsequent daylight identification bolster reliability
— Procedural omissions (memorandum, tendering of exhibit) not fatal unless prejudicial
13 May 2014
Conviction under s.70(1) TAZARA Act quashed because prosecution failed to allege or prove required culpable element.
Criminal law — Elements of offence — defective charge — conviction quashed
12 May 2014
Whether post-termination subsistence allowance is computed per diem or limited to the monthly salary.
Employment law — post-termination subsistence allowance
— application of precedent limiting subsistence to monthly salary
— calculation per diem
— execution of decree
— interest at court rate
9 May 2014
Subsistence allowance on repatriation is capped at the monthly salary; executing court’s calculation was upheld.
Employment law
— execution of decree — proper formula for calculating subsistence and interest
— repatriation expenses — subsistence allowance — whether payable per diem or limited to monthly salary
9 May 2014
Court applied Sukuma customary law, recognised all sixteen children as heirs, and granted administration to the clan‑appointed administrator.
Civil procedure — Probate and administration — intestate succession — choice of law
Family law — Christian/marriage law) — legitimacy of children from customary marriages — fitness and procedural requirements for appointment of administrator — clan meeting procedures and estate inventory
9 May 2014
High Court lacks pecuniary jurisdiction where pleaded specific damages fall within subordinate courts’ monetary limits; suit struck out.
Civil procedure — Pecuniary jurisdiction
— assessment by reference to specific (quantified) damages
— Binding effect of Court of Appeal precedents on jurisdictional questions
— General (unquantified) damages irrelevant for jurisdictional valuation
Civil procedure — Remedy for lack of jurisdiction — striking out not dismissal
7 May 2014
Tribunal wrongly dismissed appeal for want of prosecution after refusing appellant's request to file written submissions, warranting reinstatement.
Civil procedure — Dismissal for want of prosecution — refusal to allow written submissions — right to be heard
Natural justice — Lay litigant assistance — Accommodation by permitting written submissions to secure access to justice
5 May 2014
Court held newspaper publication defamatory, awarded damages, interest, apology and costs; proceeded under O. XVII r.3.
Civil procedure — Defendant’s failure to present defence — Court's power to proceed under O. XVII r.3 of the Civil Procedure Code
Damages — assessment and quantum of general damages — Factors in assessing libel damages: plaintiff's status, extent of circulation and defendant's conduct
Defamation — Publication — Whether published words tend to lower reputation of a public officeholder
2 May 2014
Judge disqualified himself to preserve public confidence despite finding no established bias; matter to be reassigned.
Civil procedure
— Assignment of cases — Duty to hear matters assigned and circumstances permitting self‑disqualification
— Judicial recusal — standards for disqualification: real possibility of bias tested by a fair‑minded informed observer — Real‑possibility test and discretionary recusal
— Recusal and appearance of justice — When discretion to recuse should be exercised to preserve public confidence
2 May 2014
Judge disqualified himself to preserve public confidence despite lack of strict grounds showing bias.
Civil procedure — Judicial recusal
— alternatively, recusal in the interests of justice to preserve public confidence
— oral unverified recusal applications require evidence to succeed
— prior judicial orders and pending revision do not automatically disqualify a judge
— standards for disqualification: real possibility of bias tested by a fair‑minded informed observer
— three classic grounds (bad blood, close relationship, personal interest)
2 May 2014