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Citation
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Judgment date
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| December 2020 |
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Missing trial-record pages and possible denial of hearing nullify lower courts' judgments; retrial ordered de novo.
Evidence/record-keeping – missing trial proceedings; right to be heard – possible denial; procedural irregularity – nullification of lower courts' judgments and order for trial de novo; matrimonial property and maintenance issues noted but not decided.
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31 December 2020 |
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Death of the applicant’s advocate constituted sufficient cause to extend time to restore a dismissed appeal.
Extension of time; restoration of dismissed appeal; Law of Limitation Act s.14(1); sufficient cause; death/illness of advocate; delay and accounting for delay; procedural requirement to join extension and restoration; family matter—no costs.
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31 December 2020 |
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Plaintiff failed to prove share transfers; defendant lawfully held the title deed for safekeeping.
Property — Certificate of title — Custody and safekeeping of title deeds; Company law — Alleged share transfers — proof and authenticity of transfer documents; Evidence — Weight of signature comparison vs. handwriting expert; Civil standard of proof — balance of probabilities; Reliefs — entitlement to repossession and costs.
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31 December 2020 |
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Application to revoke letters of administration dismissed; administrator ordered to file a true inventory within 90 days.
* Probate and Administration — revocation of letters of administration — requirements under section 49 — adequacy of reasons for removal.
* Administrator‑General — statutory scheme under section 5(1) — who may apply for appointment.
* Estate administration — duty to collect assets and file proper inventory within prescribed time or seek extension.
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31 December 2020 |
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Applicant's dismissal quashed for breach of natural justice and procedural irregularities; mandamus issued, prohibition refused.
* Administrative law – Judicial review – Certiorari and mandamus for unlawful disciplinary decisions; incompetence of appellate authority. * Procedural fairness – Natural justice in disciplinary proceedings; right to be supplied with documents and to confront witnesses (Police Service Regulations C.6(6)). * Police discipline – Limits on Commission’s powers and proper role of Permanent Secretary under Police Force and Prisons Service Commission Act. * Limitation – Time runs from receipt of final communication denying competent appeal.
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28 December 2020 |
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Plaintiff entitled to judgment on a restructured loan; prior district court dismissal barred re‑litigation of insurance claim.
* Banking and security law – loan facility and restructuring – acknowledgement of restructuring and liability where repayments defaulted. * Res judicata – prior dismissal of related claims in District Court bars re‑litigation of insurance/failure‑to‑insure issue. * Proof of indebtedness – reliance on pleaded figure and auction proceeds; unpleaded oral payments disregarded. * Remedies – specific performance for payment, pre‑ and post‑judgment interest, costs.
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28 December 2020 |
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Printed documents are not automatically computer-generated; unpleaded or unstamped documents may be excluded; costs follow events.
Evidence — Electronic Transactions Act 2015 — "Data message" and computer-generated documents — Mere typing/printing does not make a document computer-generated; must arise from electronic transaction or automated process; requirements for certificates not applicable where document is not shown to be computer-generated. Evidence Act — Secondary evidence — Photocopies admitted where opponent admitted them in pleadings (s.67(1)(b)); unpleaded/unstamped documents may be excluded.
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23 December 2020 |
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Registration and transmission by operation of law established the plaintiff's title; purchaser from one without title cannot prevail.
Land law – ownership of registered plot – transmission by operation of law and registration as conclusive; nemo dat quod non habet – purchaser from person without title cannot pass good title; remedy – declaration, vacant possession and demolition; costs apportioned in equity.
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22 December 2020 |
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An illegality apparent on the record justified extension of time and setting aside a dismissal; counsel’s negligence was insufficient.
Civil procedure – extension of time – good cause – negligence of counsel generally insufficient; point of illegality apparent on the record constitutes good cause – jurisdictional limits of probate courts to determine land ownership – reliance on Lyamuya principles.
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18 December 2020 |
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The applicant failed to prove the respondent's medical negligence or causation of the patient's death.
Medical negligence — Professional duty, breach and causation — Death alone not proof of negligence — Bolam/Bolitho standard applied — Need for NPDSR/post‑mortem or cogent medical evidence to establish causation — Vicarious liability not automatic without proof of employer’s employees’ negligent breach.
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18 December 2020 |
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Bank computer printouts are admissible electronic evidence; objection under s79 overruled; witness to file supporting affidavit.
* Evidence — Electronic evidence — Admissibility of bank computer printouts as banker’s books — Evidence Act (sections 63, 64) and inserted section 78A. * Procedure — Requirement of supporting affidavit for tendering computer-generated bank statements — curable procedural defect. * Reliance on Electronic Transactions Act and case law on electronic/banker’s book evidence.
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18 December 2020 |
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Appellate court set aside matrimonial judgment for dispensing with witnesses and relying on untendered annexures.
Matrimonial law — presumption of marriage; Evidence — written submissions and annexures not tendered do not substitute for oral evidence; Civil procedure — dispensing with witnesses on contested facts is a fundamental procedural error; Judgment — proceedings and judgment founded on untendered annexures declared nullity.
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18 December 2020 |
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Conviction quashed where dock identification without parade and unreliable caution/circumstantial evidence failed to prove guilt.
* Criminal law – Sexual offence (statutory rape) – proof of age under Law of the Child Act – victim’s own evidence sufficient where corroborated. * Evidence – Child witness – compliance with section 127(2) of the Evidence Act required and satisfied. * Evidence – Visual/dock identification – identification parade required where witness was a stranger; dock identification alone is weak. * Evidence – Cautioned statements – delays in recording and complaints of coercion affect admissibility/weight. * Evidence – Circumstantial evidence – must irresistibly point to accused’s guilt to sustain conviction.
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18 December 2020 |
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Partial judgment resolving which properties in a probate inventory belong to the estate or to the plaintiffs; suit partly granted.
Probate and administration – inventory disputes – whether properties included in deceased's inventory form part of estate or belong to claimants; evidentiary sufficiency of family meeting minutes, gift/handing-over documents and title deeds; sale by probate administrator of another deceased's property.
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17 December 2020 |
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Non‑compliance with BRADEA Section 6 petition requirements warrants striking out a constitutional petition; extraneous affidavit paragraphs expunged.
Constitutional procedure – BRADEA Section 6 – mandatory petition contents; Civil Procedure – Order XIX Rule 3 – affidavit must be factual not legal argument; Preliminary objections – competence and expungement of extraneous affidavit paragraphs; Frivolous/vexatious objections – premature at preliminary stage.
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17 December 2020 |
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Petition struck out for failure to comply with mandatory Section 6 BRADEA requirements; improper affidavit paragraphs expunged.
Constitutional procedure – BRADEA s.6 mandatory petition contents – non‑compliance attracts striking out; Affidavit practice – Order XIX r.3 prohibits legal argument and extraneous matter in affidavits; Frivolous/vexatious objection – premature at preliminaries unless pure point of law.
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17 December 2020 |
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Court granted extension of time to file an appeal after uncontroverted explanation that a Notice of Appeal was misplaced.
Extension of time to appeal; Criminal Procedure Act s.379(2); Appellate Jurisdiction Act s.11(1); misplaced Notice of Appeal as cause of delay; ex parte application where respondent defaults.
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16 December 2020 |
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Extension of time refused: inordinate delay, advocate negligence insufficient, and alleged illegality not apparent on record.
• Civil procedure — Extension of time — Good cause required under Law of Limitation Act — factors: duration of delay, diligence, inordinate delay, and point of law/illegality. • Advocate negligence — generally not sufficient ground for extension absent exceptional circumstances. • Delay in supply of certified judgment — requires proof to exclude period under limitation statutes. • Illegality — must be apparent on face of record to justify extension of time.
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15 December 2020 |
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15 December 2020 |
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Leave granted to pursue an extension-of-time appeal application in representative capacity for retrenched employees sharing common claims.
Representative proceedings – leave to file application for extension of time to lodge notice of appeal – requirements of Order 1 r.8(1) CPC (consent of represented persons) – common interest and convenience – procedural preliminary objections (jurisdiction, impleading) inappropriate at leave stage.
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14 December 2020 |
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Pre-enactment challenges to Bills are generally barred by section 8(3) BRADEA absent exceptional, proven circumstances.
Constitutional law; judicial review of legislation; pre-enactment challenges to Bills; section 8(3) BRADEA; separation of powers; articles 97,100,101; presumption of constitutionality; exceptional circumstances for interlocutory intervention.
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14 December 2020 |
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Internal administrative delay does not constitute good cause to extend time for filing a notice of appeal; application dismissed.
Extension of time – discretionary remedy – requirement to show good cause; accounting for all periods of delay; internal administrative delay not good cause; technical delay for incompetent proceedings; Rule 83(2) Court of Appeal Rules and s.11(1) AJA considered.
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14 December 2020 |
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Application for attachment before judgment dismissed for failure to prove ownership or imminent dissipation and to meet Order XXXVI requirements.
Civil procedure — Attachment before judgment — Order XXXVI Rules 6(1)(a) & 7(1) — Requirement to prove ownership, imminent disposal or removal of property and to afford defendant opportunity to furnish security or show cause — Exceptional remedy not to be granted on hearsay.
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10 December 2020 |
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Plaintiffs proved discharge of bank facilities; bank failed to prove debt or justify disposal of mortgaged properties.
Banking law – discharge of facilities by account deposits; requirement for primary documentary evidence (bank statements) to prove indebtedness; adverse inference for failure to produce pleaded documents; mortgage enforcement and validity of statutory notice to dispose.
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10 December 2020 |
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High Court declined judicial review for unexhausted tax remedies and struck out the omnibus application.
* Administrative law – Judicial review – prerogative orders (certiorari and mandamus) – requirement to exhaust statutory tax remedies before seeking the High Court’s supervisory jurisdiction. * Tax law – Tax Revenue Appeals Act, Tax Administration Act – objection and appeal routes to Tax Revenue Appeals Board and Tribunal as exclusive statutory remedies. * Civil procedure – omnibus applications – combining leave for judicial review and interim relief under different laws is incompetent. * Evidence – affidavit by advocate – limits of personal knowledge; hearsay paragraphs (2, 16, 17) expunged.
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10 December 2020 |
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Reference partly succeeds: applicant's late filing excused but Tax Master must exclude costs incurred after judgment date.
* Advocates Remuneration Order / Bill of costs – time limits – where no specific statutory time limit exists a 60‑day rule may fill the lacuna – court discretion to excuse delay.
* Taxation practice – costs recoverable limited to work up to judgment date – taxation of items after judgment is improper.
* Procedure – preliminary objection to time‑bar – Taxing Master's decision reviewable where items taxed fall outside allowable period.
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8 December 2020 |
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Appellate court quashed court-martial convictions due to doubts about tribunal independence and absence of reasons for conviction.
• Military law – Court-martial procedure – Signature of charge sheet – irregularity curable if no prejudice shown; • Military justice – Independence and impartiality of tribunal – external interference in custody decisions can vitiate a fair trial; • Criminal procedure – Duty to give reasons – failure to assign reasons for convictions/sentence amounts to miscarriage of justice; • Remedy – Acquittal ordered where tribunal impartiality is in doubt and reasons are absent.
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8 December 2020 |
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Retracted caution statement must be inquired into; pregnancy alone and weak medical evidence insufficient for conviction.
Criminal law – statutory rape – evidential requirements; retracted caution statement – inquiry required before admission; evidence of medical witness and PF3 – necessity of proper tendering and clarity on penetration; voir dire – not required if witness apparent age exceeds 14; pregnancy alone insufficient to prove accused caused sexual intercourse without corroboration; proof beyond reasonable doubt.
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7 December 2020 |
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Respondent validly rescinded loan facility after applicants concealed material facts; claim dismissed.
Contract law – Facility agreement – material misrepresentation and concealment of fundamental terms; rescission of loan facility – utmost good faith (uberrimae fidei); pre-disbursement conditions (domiciliation) – failure to comply; mortgage security – general lien and discharge on payment.
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4 December 2020 |
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Whether the respondent breached a written loan agreement; court ordered repossession and EUR25,000 general damages to the applicant.
Contract law – Loan agreement – Existence and enforceability of written loan agreement; breach for non-payment – Security / right of repossession – Foreign loan registration with Bank of Tanzania – Pleading and proof of specific damages – Jurisdiction and choice of law clause – Effect of failure to challenge document authenticity by cross-examination.
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4 December 2020 |
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Applicant’s attempt to reopen matters already decided was barred by functus officio and abuse of process; application dismissed.
* Civil procedure – functus officio – finality of judgment and prohibition on re-opening matters decided on the merits.
* Res judicata and abuse of process – re-litigation where parties/issues are interlinked.
* Prerogative orders – leave to apply for mandamus and correct remedy of appeal where matter decided on merits.
* Distinction between striking out for irregularity and final disposal on merits.
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4 December 2020 |
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Delay and lack of diligence, not alleged illegality, justified dismissal of extension of time to appealRegistrar's title cancellation.
Land law — extension of time to appeal — requirement to account for each day of delay; negligence of counsel not sufficient excuse; plea of illegality may justify extension but is subject to diligence; right to be heard and procedural compliance in land registration appeals; amended affidavit versus supplementary affidavit — procedural impropriety.
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1 December 2020 |
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Occupants of a gazetted road reserve failed to prove title or an enforceable compensation agreement; claim dismissed.
* Road reserve – gazettement (G.N. No.161/1967) and width rules – effect on private ownership and trespass claims
* Trespass to land – onus to prove possession or ownership; continuing trespass on gazetted road reserve
* Evidence – documentary proof of historic compensation and ministerial correspondence outweighs unsigned affidavits and unproven testimony
* Contract/administrative agreement – committee valuation or recommendation does not establish a binding government obligation if later superseded/nullified
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1 December 2020 |
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Confiscation of timber without requisite licences was lawful under the Forest Act; applicant's damage claim dismissed.
Forest law – seizure and disposal of forest produce – sections 88 and 94(4) Forest Act; Civil burden of proof – balance of probabilities; Special damages – requirement of specific pleading and strict proof; Equity – clean hands doctrine; Lawfulness of administrative confiscation for public purpose.
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1 December 2020 |
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Bank justified in freezing account amid shareholder mandate dispute; third defendant ordered to pay costs.
Banking law – freezing customer accounts – duty to inquire upon credible shareholder mandate dispute – liability for unauthorized withdrawals; corporate governance – validity of board resolutions and change of signatory mandates; evidentiary inference – failure to call material witness; costs against party causing mandate dispute.
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1 December 2020 |
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Applicant failed to show sufficient cause or to account for each day of delay; extension of time dismissed.
Practice — Extension of time — Requirements for sufficient cause — Applicant must account for each day of delay; death of advocate and ignorance of procedure not per se sufficient cause — Inaction/negligence not grounds for extension.
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1 December 2020 |
| November 2020 |
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Discontinuation quashed for breach of natural justice; court refused to compel award of diploma.
* Judicial review – certiorari and mandamus – scope and limits of prerogative orders; * Administrative law – natural justice – audi alteram partem, need for adequate notice of charges and reasonable time to prepare a defence; * Academic discipline – institutional autonomy in disciplinary processes and awarding of academic credentials; * Alternative remedies – availability/exhaustion of appeal as bar to judicial review; * Scope of review – procedural impropriety not merits of evidence.
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30 November 2020 |
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Application to file and register an arbitral award under section 12(2) granted; award registered as a court decree.
Arbitration Act s.12(2) – filing/registration of arbitral award – Final award declared as Court decree; enforcement and apportionment of liabilities; performance bond enforcement; assessment of damages and costs.
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30 November 2020 |
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Application to force signing of draft Certificate of Occupancy struck out as premature where ownership is contested and no decree exists.
* Land law – endorsement/execution of documents – Order XXI Rule 32 CPC – decree prerequisite for court to cause draft document to be served and executed. * Civil procedure – limitation of Rule 32 objections to alterations/approval of draft in accordance with a decree, not to litigating ownership. * Ownership dispute – contested factual issue and third-party claims render Rule 32 procedure inappropriate; application held premature.
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27 November 2020 |
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Court upheld discretionary extension of time where delay arose from late supply of judgment and seeking legal assistance.
Civil procedure – extension of time – discretionary relief – sufficient cause required – delay due to late supply of judgment and need to obtain legal representation may justify extension – appellate restraint in disturbing judicious exercise of discretion.
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27 November 2020 |
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Applicants’ challenge to Cybercrimes Act sections 16 and 39(2) for violating privacy and expression is dismissed.
* Constitutional law – Cybercrimes Act – Sections 16 and 39(2)(a)&(b) – Alleged infringement of right to privacy (Art.16) and freedom of expression (Art.18).
* Statutory interpretation – constitutionality assessed from text, not speculative abuse; presumption of constitutionality.
* Administrative powers – Minister’s power to prescribe procedures for service providers; existence of regulations (GN No.224/2016) and judicial review as safeguards.
* Res judicata – earlier challenges to other provisions did not bar fresh challenge to different provisions.
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26 November 2020 |
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Court dismissed murder charge and discharged accused for prosecution’s persistent failure to produce witnesses.
Criminal procedure — Repeated adjournments; prosecutorial diligence; returned summons; court’s inherent powers and sections 284(1) and 264 CPA; dismissal of charge and discharge of accused; Evidence Act section 34B; authorities Abdallah Kondo and R v Deeman.
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26 November 2020 |
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Creditor's statutory demand proved insolvency; court wound up the company and appointed a liquidator.
* Companies Act – Winding up – s.279(1)(d) (company unable to pay its debts) – statutory demand under s.280(a) met where debt exceeds threshold, demand served and 21 days lapsed.
* Companies Act – s.279(1)(c) (members falling below two) – insufficient evidence of shareholders' deaths cannot found winding up.
* Procedure – substituted service and ex parte hearing where respondent failed to appear.
* Winding up – appointment of liquidator and realization of assets to satisfy creditors; requirement to register order with Registrar of Companies.
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24 November 2020 |
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Third party must refund transferred funds; bank acted on alleged customer instructions and not held liable.
Banking law – unauthorized withdrawal – telephone instructions and bank's internal procedures; Third party receipt of funds – unexplained receipt and liability to refund; Standard of proof – civil balance of probabilities and heightened approach to fraud allegations (R.G. Patel).
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20 November 2020 |
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Bank licence status and unjust enrichment principles determine enforceability of loan and guarantor liability.
* Business Licensing Act s.3(1) — requirement of valid business licence for carrying on business; effect of licence irregularities on contract enforceability
* Law of Contract Act s.65 — unjust enrichment and restitution where a contract is void or becomes void
* Capacity to contract — Bank of Tanzania licence and ministry business licence as evidence of capacity
* Mortgage enforcement — failed auction and rights of secured creditor to pursue sale
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20 November 2020 |
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Bank’s BOT licence and historic business licences upheld contract enforceability; borrower and guarantor liable for repayment and unjust enrichment.
Business Licensing Act — capacity to contract — whether absence or lapse of a Ministry business licence voids bank loan; Bank of Tanzania licence as lawful capacity; Law of Contract Act s.65 — unjust enrichment and restitution; mortgage enforcement — failed auction; entitlement to contractual and decretal interest and costs.
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20 November 2020 |
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Discharge under s.91(1) CPA is not a favourable termination; reasonable and probable cause defeats malicious prosecution claim.
Tort — Malicious prosecution — Elements required: prosecution, favourable termination, lack of reasonable and probable cause, and malice; discharge under s.91(1) CPA not a favourable termination; reasonable/probable cause where vehicle uninsured and driver implicated.
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18 November 2020 |
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An unopposed withdrawal of a suit was granted; leave unnecessary if limitation not at issue, and the plaintiff ordered to pay costs.
Civil procedure – Withdrawal of suit – Unopposed application to withdraw granted; Leave not required where limitation is not at issue; Costs awarded against withdrawing plaintiff due to protracted proceedings and defective pleadings.
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17 November 2020 |
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Applicant failed to prove respondent's negligence or damages from the alleged summation error; suit dismissed with costs.
Negligence – duty of care of General Manager; breach, causation and foreseeability tests; Evidence Act s.112 burden of proof; requirement to plead and strictly prove special damages; contractor/consultant liability for bill-of-quantities summation errors.
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16 November 2020 |
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Lessor lawfully repossessed leased trucks after lessee default; lessee and guarantors held liable and ordered to surrender assets or pay outstanding debt.
* Contract/Lease law – interpretation of termination and repossession clauses permitting retaking of leased equipment on lessee default without prior notice.
* Default and remedies – lessee's failure to pay instalments justified lawful repossession; arrears and liabilities enforceable.
* Property/asset control – removal of geolocation devices and failure to notify insurer/lessor breach contractual obligations.
* Guarantor liability – guarantors held liable for breach of guarantee and ordered to satisfy obligations or facilitate asset surrender.
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16 November 2020 |