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Citation
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Judgment date
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| June 2015 |
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Appeal dismissed: divorce valid, property division proper; entitlement determined by proven contribution, not unpleaded procedural objections.
Family law – divorce – validity of divorce where parties long separated; Matrimonial property – division based on contribution; Proof of contribution – burden on claimant to show contribution to property; Procedural law – res judicata and locus standi cannot be raised for first time on appeal; Property division – court may limit distribution to assets existing at termination.
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30 June 2015 |
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30 June 2015 |
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Defendants in default for failing to file defence must face ex parte proof for substantial counterclaims exceeding small-claim threshold.
Civil procedure – Default judgment – Order VIII Rules 1 and 14 CPC – effect of failure to file written statement of defence; Service – substituted service by publication – sufficiency for triggering time to file defence; Ex parte proof required where counterclaim seeks liquidated sum exceeding statutory small-claim threshold; Dismissal of original suit under Order IX Rule 8 not granted; Liquidated claims — automatic judgment without proof limited to very small sums.
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30 June 2015 |
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State vicariously liable for police shooting; special damages unproven; general damages of Tshs36,000,000 awarded with interest and costs.
Vicarious liability – employer liable for employee’s torts committed in course of employment; Special damages – must be specifically and strictly proved by receipts/vouchers; General damages – award for permanent disability, pain, suffering and loss of earning capacity; Interest and costs awarded.
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30 June 2015 |
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Appeal dismissed for want of prosecution due to prolonged unexplained absence of the appellant; costs awarded.
Civil procedure – dismissal for want of prosecution – repeated absence of party or counsel – prolonged unexplained delay (403 days) – costs awarded to respondent.
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30 June 2015 |
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Court lacks jurisdiction to challenge parliamentary debates; petition struck out for being non‑justiciable and having alternative remedies.
Constitutional law – Article 100(1) parliamentary privilege bars external interference with National Assembly debates and proceedings; Article 100(2) is defensive immunity, not an avenue for third-party attacks; Justiciability and separation of powers; Alternative remedies – section 8(2) Basic Rights and Duties Enforcement Act and Rule 68 Standing Orders; Strangers cannot benefit from interim orders in which they are not parties; Cause of action against Ethics Secretariat and Tribunal.
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26 June 2015 |
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Court lacks jurisdiction to challenge Parliamentary debates; petition barred by article 100(1) and alternative remedies, so struck out with costs.
Constitutional law – parliamentary privilege – article 100(1) absolute protection for debates, opinions and procedure; article 100(2) as defensive immunity not a cause of action – jurisdictional limits of courts. Basic Rights and Duties Enforcement Act – section 8(2) alternative remedies bar. Standing Orders – rule 68 as available Parliamentary remedy. Interim court orders – strangers cannot derive benefit from an injunction.
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26 June 2015 |
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Reported
Summary objection under Order 21 requires prima facie proof of interest or possession; registered title not mandatory for summary relief.
Civil Procedure — Order 21, Rules 57–62 — Summary objection to attachment and sale; Rule 58 — prima facie evidence of interest or possession required; no strict requirement to produce registered certificate of title in summary proceedings; mortgage deed may suffice absent proof of fraud; saleable interest of judgment-debtor assessed at date of attachment.
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26 June 2015 |
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Reported
High Court lacks jurisdiction to challenge parliamentary debates; petition struck out for lack of jurisdiction and available alternative remedies.
Constitutional law – Parliamentary privilege – Article 100(1) absolute protection for debates and opinions – Article 100(2) as defensive immunity, not a cause of action; Basic Rights and Duties Enforcement Act (Cap 3) s.8(2) – alternative remedies bar; Parliamentary Standing Orders – rule 68– availability of adequate remedy; interim orders – strangers cannot benefit; jurisdiction – High Court cannot review parliamentary proceedings.
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26 June 2015 |
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An extension application is not necessarily time‑barred; factual statements in affidavits are not always objectionable legal arguments.
Civil procedure – extension of time – whether extension application can be described as hopelessly out of time; frivolous/vexatious test for extension applications; affidavits – permissible factual statements versus impermissible legal arguments (O XIX r 3(1)).
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26 June 2015 |
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Court enforces loan agreement, limits interest to six months, and awards plaintiff outstanding principal, damages, interest and costs.
Commercial law – loan agreement – interpretation of contractual interest clause limiting interest to six months. Evidence – probative value of petty cash vouchers and bank pay-in slips; need to state purpose of payment. Dishonoured cheque admitted as evidence. Duress – alleged coercion in caution statement not established. Remedies – assessment of outstanding principal, general damages and pre- and post-judgment interest.
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25 June 2015 |
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Court allowed repair/indemnity with interest, set aside unpleaded new-vehicle award and inappropriate general damages.
Civil procedure – scheduling (speed track) orders – expiry of scheduling order does not render subsequent proceedings nullity; scheduling may be renewed.* Civil pleading – reliefs not pleaded – court cannot grant an entirely different relief (e.g., a new vehicle) under "any other relief" absent pleadings and supporting evidence.* Damages – general damages for death – death of a spouse is not necessarily a monetary loss compensable by general damages without proof of pecuniary loss.
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24 June 2015 |
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Expiry of scheduling order not fatal; unpleaded new-vehicle and general damages awards set aside; repair indemnity ordered.
Civil procedure – scheduling (speed track) order – expiry of scheduling order does not render subsequent proceedings null; speed track may be renewed. Relief – pleadings – court cannot grant an unpleaded and inconsistent relief (new vehicle) under 'any other relief' absent evidence and foundation in the plaint. Damages – general damages – loss of spouse is not a monetary loss warranting the awarded sum; general damages must be justified by compensable loss. Remedies – insurer liable for repair/indemnity and interest at a just rate.
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24 June 2015 |
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Application to restore dismissed suit dismissed: alleged traffic delay uncorroborated and insufficient to show sufficient cause.
Civil procedure – Restoration of dismissed suit – Setting aside dismissal – Requirement to show sufficient cause for non‑appearance at 1st Pre‑Trial Conference or mention – diligence and corroboration required; hearsay insufficient.
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22 June 2015 |
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The appeal was held time‑barred because the appellant failed to credibly prove timely application and collection of certified copies.
Limitation of actions — appeal to High Court from District Court — 90 days (First Schedule, Law of Limitation Act) — section 19(2) exclusion for time to obtain certified copies — requirement to apply under Order XX r.20 Civil Procedure Code — necessity of credible proof of application and collection — credibility of documentary evidence — time‑barred appeal.
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18 June 2015 |
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Convictions for false pretences, forgery and uttering quashed for lack of intent and insufficient evidence.
Criminal law – obtaining money by false pretences – mens rea; Forgery and uttering – affidavit as court form; Credibility of alleged repayment agreements; Appellate review quashing convictions for lack of intent.
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15 June 2015 |
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The appellate court ordered the applicant's reinstatement, finding misapplied evidence and wrongful attribution of vicarious liability.
Employment law — wrongful dismissal; Industrial Court revisional jurisdiction; appellate reappraisal of evidence; natural justice (right to be heard); bias and participation of disciplinary/appellate authorities; vicarious liability; remedy of reinstatement and back pay.
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15 June 2015 |
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Application to file a petition without the judgment was improperly brought; appeals from Primary Court are governed by s.25 Magistrates Courts Act.
Criminal procedure — Appeals from Primary Courts — Applicability of Criminal Procedure Act provisions (s.362) to appeals from Primary Court via District Court to High Court — Magistrates Courts Act (s.25) governs such appeals; petition filed in district court and no requirement to accompany petition with proceedings/judgment.
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12 June 2015 |
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10 June 2015 |
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Guarantors held jointly and severally liable for unpaid bank facilities; plaintiff awarded principal, 12% interest and costs.
Banking law — recovery of unpaid credit facilities; evidence — letters of offer, bank statements, demand notices and acknowledgement letters establish debt; guarantee and indemnity — guarantors jointly and severally liable; interest — awarded at 12% per annum from specified date until satisfaction; costs awarded to successful bank claimant.
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5 June 2015 |
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Guarantors held jointly and severally liable for unpaid bank loans; plaintiff awarded principal, 12% interest and costs.
Banking law – loan and overdraft facilities – existence and repayment; Guarantees – guarantee and indemnity deeds – guarantors’ joint and several liability; Remedies – award of principal, statutory interest and costs.
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5 June 2015 |
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Court confirmed CMA award: employee was promoted and underpaid; revision dismissed.
Labour law – Promotion/elevation – Substance of change in position can establish promotion despite separate contracts. Employment law – Salary arrears – Evidence of wage slips and employer conduct can establish underpayment. Labour law – Termination payments – Employer’s obligations under section 44(1) ELRA and enforcement by CMA. Civil procedure – Revision of CMA award – High Court will not disturb Commission findings where supported by record.
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5 June 2015 |
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5 June 2015 |
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Applicants failed to show good cause for extension of time to file revision of a CMA award; application dismissed.
Labour law – extension of time – good cause – transfer of arbitrator and lack of personal service not good cause; time runs from receipt of CMA award; unsupported claims of union unavailability do not establish diligence.
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4 June 2015 |
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4 June 2015 |
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Applicants failed to show good cause for extension of time to revise CMA award; application dismissed.
Labour law – extension of time – requirement to show good cause – arbitrator transfer and lack of contact not sufficient – time runs from receipt of CMA award – defective affidavits and unsupported excuses cannot justify indulgence.
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1 June 2015 |
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Convictions of first two appellants quashed for unreliable identification; third convicted of rape but not armed robbery.
Criminal law — visual identification; cautionary approach where identification is main evidence; cautioned statements — requirement to hold inquiry/trial‑within‑a‑trial when repudiated; identification parade — compliance with PGO 231/232 and exhibit formalities; armed robbery (s.287A) — weapon must be used to obtain or retain property; doctrine of common intention; rape — PF3/medical evidence and victim’s age considerations.
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1 June 2015 |