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Citation
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Judgment date
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| December 2022 |
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Human rights and fundamental freedoms - right to privacy, freedom from torture, cruel, inhuman and degrading treatment or punishment
Human rights and fundamental freedoms - the right of prisoners to humane living conditions and dignified treatment - the right to consent and privacy in HIV and AIDS testing |
19 December 2022 |
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Whether instituting prosecutions before investigations conclude violates Articles 9 and 59B(4) of the Constitution.
* Constitutional law – Director of Public Prosecutions – powers to institute prosecutions – Article 59B(2)–(4) – no constitutional requirement that investigations be completed before instituting prosecutions.
* Burden of proof – constitutional challenge – petitioner must adduce admissible evidence (affidavit/oral testimony) and establish a prima facie case; written submissions are not evidence.
* Remedies – declaratory and mandatory orders denied where allegations are unsupported by evidence.
* Judicial notice – court declined to rely on judicial notice or expediency in absence of proof.
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19 December 2022 |
Constitutional law – Right to vote - the right of prisoners and remandees to register and vote |
19 December 2022 |
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15 December 2022 |
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Preliminary objection for non‑attachment of decisions at leave stage of judicial review is premature and dismissed.
Judicial review – leave to apply for prerogative orders (certiorari/mandamus) – preliminary objection for failure to annex impugned decision – leave stage not the forum to decide contested factual issues – distinction from revision/appeal attachment requirements.
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14 December 2022 |
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Appeal allowed: conviction quashed where prosecution failed to prove stealing by agent and documentary exhibit was irregular.
Criminal law – stealing by agent; burden of proof and proof beyond reasonable doubt; admissibility of documentary exhibits – requirement to read exhibits in court; conviction unsafe where prosecution fails to prove case and concedes appeal; adequacy of documentary and auditing evidence.
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12 December 2022 |
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A statutory fixed five-year term for the CAG undermines constitutional retirement and removal safeguards, rendering s6(1) void.
Constitutional law – Public Audit Act s6(1) – fixed five-year renewable term for CAG – security of tenure under article 144(1) – retirement age versus statutory term – unlawful removal for expiry of term – saving clause (article 30(2)) – burden to justify limitation; appointment of successor overtaken by events.
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5 December 2022 |
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High Court found it lacked jurisdiction to declare conflicts between constitutional provisions and struck out the petition.
* Constitutional law – jurisdiction – whether High Court may declare that one constitutional provision conflicts with another; applicability of Attorney General v Mtikila. * Separation of powers – alleged conflict between Articles 112/113 and Articles 4/107B concerning Judicial Service Commission and presidential powers. * Civil procedure – preliminary objections – pure point of law under Mukisa test. * Locus standi – requirement to show direct or sufficient interest when challenging constitutional provisions. * Public interest litigation – discretion on costs.
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1 December 2022 |
| November 2022 |
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Dismissal for want of prosecution was premature where counsel attended and substitution or adjournment was not considered, violating right to be heard.
Advocates disciplinary procedure – dismissal for want of prosecution – duty to consider adjournment or substitution of witness – right to be heard and natural justice – adequacy of statutory restoration remedy.
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29 November 2022 |
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Leave for judicial review granted where applicant showed timeliness, sufficient interest and an arguable challenge to the land‑renewal decision.
* Judicial review – leave to apply for prerogative orders (mandamus and certiorari) – requirements: arguable case, timeliness (six months), and sufficient interest. * Administrative law – natural justice – right to be heard in land‑tenure renewal decisions. * Procedural law – at leave stage factual disputes are presumed in applicant’s favour; merits to be addressed at substantive hearing. * Land law – renewal/refusal of right of occupancy and procedural propriety of Registrar/Assistant Commissioner decisions.
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25 November 2022 |
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Amendments exceeding the court-ordered scope rendered the application a fresh document and justified striking it out.
Judicial review — Amendment of pleadings — Compliance with court order — Additions of new statutory provisions, grounds and facts beyond permitted amendment — Preliminary objection — Striking out application.
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24 November 2022 |
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Primary Court had jurisdiction; appeal was timeous; creditor must exhaust principal’s securities before enforcing guarantor liability.
* Civil procedure – electronic filing – filing date governed by submission and payment of fees; payment date may determine timeliness. * Jurisdiction – distinction between land disputes and guarantee/contract disputes; Primary Court competent where claim is for return of document under guarantee, not a land ownership claim. * Evidence/estoppel – party estopped from denying its prior testimony that a vehicle was pledged as security. * Contract/guarantee law – liability of guarantor co-extensive with principal debtor; creditor expected to exhaust remedies against principal’s securities before calling on guarantor.
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24 November 2022 |
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Leave granted to apply for certiorari over alleged denial of hearing and improper disciplinary procedures in public service disciplinary appeals.
Judicial review — leave to apply for certiorari — screening for prima facie/arguable case — procedural fairness and audi alteram partem in disciplinary proceedings — composition of disciplinary inquiry and compliance with Public Service disciplinary rules — timeliness and absence of alternative remedy.
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23 November 2022 |
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Applicant failed to show sufficient cause—illness and alleged illegality did not justify five‑and‑a‑half month delay; application dismissed.
* Civil procedure – extension of time under section 14 Law of Limitation Act – requirement to show sufficient cause; sickness as ground requires material proof and accounting for entire delay. * Illegality as ground for extension – must be apparent on the face of the record (Lyamuya). * Affidavit evidence – statements about another’s condition constitute hearsay and require verification.
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18 November 2022 |
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Applicant failed to account for delay and alleged illegality was not apparent; both extension and leave to appeal dismissed.
Extension of time – requirement to account for all days of delay (Lyamuya); Illegality as good cause – must be apparent on face of record (Devram Valambhia); Rule 45(a) Court of Appeal Rules – informal leave applications need not annex decision; Leave to appeal – must show arguable/novel point or prima facie appeal.
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11 November 2022 |
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Accused convicted for trafficking 1,101.86g of heroin after intact chain of custody and conclusive chemist analysis.
* Criminal law – Drugs Act s.16(1)(b)(i) – trafficking – storage and exportation at international airport. * Evidence – Chain of custody – collection, sealing, transfer and submission of pellets to Government Chemist; no break shown. * Forensic evidence – Government Chemist confirmation by GC–MS that pellets contained heroin hydrochloride (diacetylmorphine) weighing 1101.86g. * Proof – conviction where prosecution proves offence beyond reasonable doubt by witness evidence, exhibits and laboratory report.
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11 November 2022 |
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An application for leave to seek judicial review was struck out for failure to comply with the mandatory requirement to file the accompanying statement.
* Judicial review — Rule 5(2) G.N. No. 324 (2014) — mandatory requirement for statement to accompany leave application — non-compliance renders application incompetent; * Overriding objective — cannot cure breaches of mandatory procedural requirements; * Court registry formalities — lack of registry endorsement or missing pages fatal to competency.
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10 November 2022 |
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A purchaser who buys for value in vacant possession relying on probate documentation is protected as a bona fide purchaser.
Property law – bona fide purchaser for value without notice; probate rulings and letters of administration – evidentiary weight; conflicting probate and tribunal decisions; administrators' capacity to pass title; purchaser’s due diligence and vacant possession.
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9 November 2022 |
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Application for judicial review dismissed as time‑barred; affidavit partly expunged for defective verification and inadmissible content.
Public procurement — judicial review — time limitation under s.101(1) PPA — electronic filing vs court‑fee payment date; Affidavit requirements — verification, prohibition of arguments/opinions/prayers; Non-final decision — competence of review; Preliminary objections — pure points of law vs factual inquiries.
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8 November 2022 |
| October 2022 |
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Leave for judicial review granted where applicant showed arguable case, timeliness, interest and lack of alternative remedy.
Judicial review – leave to apply – requirements for leave (arguable case, timeliness, sufficient interest) – procedural fairness – natural justice (nemo judex in causa sua; audi alteram partem) – bias – composition and conduct of disciplinary enquiry – correct appellate route – availability of alternative remedies.
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28 October 2022 |
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Applicant granted leave to seek certiorari and mandamus over alleged unlawful demotion and termination despite contested time-bar.
Judicial review – Leave to apply for prerogative orders (certiorari, mandamus) – sufficiency of interest and arguable case – time limitation and alternative remedies – presumption of pleaded facts at leave stage – rules of natural justice (right to be heard).
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28 October 2022 |
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Execution provisions protecting government property are not unconstitutional; petitioner failed to prove personal infringement.
* Constitutional law — Government Proceedings Act — Sections 6A, 16(3), 16(4) — challenge to constitutionality on grounds of discrimination and denial of fair hearing. * Execution law — special regime for execution against the State as exception to ordinary execution rules. * Standing and public interest — article 30(3) read with article 30(2); necessity to show personal prejudice.
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27 October 2022 |
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Petition struck out for failure to exhaust available appellate remedies; live-streaming and injunction requests denied.
* Constitutional law – open justice and live-streaming of court proceedings – permissible in principle but requires promulgated rules and safeguards.
* Civil procedure – interlocutory relief – temporary injunctions require prima facie case, balance of convenience, and irreparable harm supported by evidence.
* Constitutional remedies – Basic Rights and Duties Enforcement Act s.8(2) – High Court barred from exercising jurisdiction where adequate alternative remedies (appeal) are available and not exhausted.
* Competence – petitions seeking relief under Basic Rights Act must first exhaust other statutory remedies.
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24 October 2022 |
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Petition struck out for failure to exhaust statutory remedies; live-streaming and injunction requests refused.
Constitutional remedies – exhaustion of alternative remedies under s.8(2) Basic Rights and Duties Enforcement Act; open justice and live-streaming of court proceedings – permissible but requires rules; temporary injunction – requires prima facie case, balance of convenience, irreparable harm.
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24 October 2022 |
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Preliminary objections on lack of decision and company authorization are premature; to be decided at the leave hearing.
Judicial review — leave to apply — whether a default notice is a reviewable decision; corporate representation — necessity of Board resolution/authorization at leave stage; preliminary objections — distinction between pure points of law and disputed factual matters; application of Rule 8(3) and Rule 14(1) of Judicial Review Rules (2014).
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21 October 2022 |
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Leave granted to seek judicial review of a levy on electronic money transactions as potentially ultra vires the enabling statute.
Judicial review — leave to apply for prerogative orders — criteria: arguable case, sufficient interest, promptness, no alternative remedy — ultra vires challenge to GN imposing levy on electronic money transactions under National Payment Systems Act.
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18 October 2022 |
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Child witness promise under s.127(2), medical corroboration of sodomy, identification and age proved; appeal dismissed.
* Evidence Act s.127(2) – child witness must promise to tell the truth before giving evidence; * Sexual offences – unnatural offence (sodomy) – proof of penetration and corroboration by medical evidence; * Identification of accused by child witness; * Proof of victim’s age by parent and medical evidence.
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13 October 2022 |
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Court quashed termination for lack of jurisdiction and procedural illegality but declined to order mandamus reinstatement.
Administrative law – Judicial review – Certiorari – Ultra vires termination of public officer where disciplinary jurisdiction lies first with Permanent Secretary for dismissal; procedural illegality and breach of natural justice; failure to produce tribunal records – adverse inference – Mandamus not appropriate to compel reinstatement where it would substitute statutory decision-making.
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12 October 2022 |
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Maintenance order set aside because the trial court failed to verify the respondent’s income and dependants before fixing support.
Law of the Child Act s44, s45; Law of the Child (Juvenile Court Procedure) Rules 2016 (rules 84–85) – maintenance orders – necessity of ascertaining income, allowances and liabilities – admissible proof of earnings and other dependants; Social Enquiry Report – scope and requirements; maintenance: oral testimony insufficient without documentary corroboration.
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6 October 2022 |
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Extension of time granted because delay was technical and applicant acted diligently despite advocate's error.
Appellate procedure – extension of time; technical delay where notice and appeal were lodged in time but struck out as incompetent; Rule 90(1)&(3) TCA Rules – service of request for copies; Lyamuya factors – accounting for delay, diligence; advocate negligence not automatically fatal.
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3 October 2022 |
| September 2022 |
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Applicant added new grounds after leave; court upheld objection but allowed amendment within seven days.
Judicial review — procedural compliance with Rule 8(1) of the Law Reform (Judicial Review Procedure and Fees) Rules, 2014 — preliminary objection as pure point of law (Mukisa test) — remedy for non‑compliance: amendment allowed to prevent prejudice (Jamal S. Mkumba authority).
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30 September 2022 |
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A notice of appeal incorrectly titled is defective and can lead to the appeal being struck out.
Criminal procedure – Appeal – Notice of appeal – Formal requirements – A notice of appeal must be titled "IN THE HIGH COURT OF TANZANIA"; failure renders the notice defective and appeal liable to be struck out (see Farijala Shaban Hussein v. Republic).
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29 September 2022 |
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Extension of time granted because apparent irregularity in disciplinary proceedings constituted sufficient ground despite imperfect accounting for delay.
Extension of time; s.14 Law of Limitation Act; Lyamuya guidelines — account for delay, diligence, inordinate delay; illegality/irregularity of proceedings (improperly constituted disciplinary committee, unsigned report) as ground for extension; requirement that reasons be pleaded in affidavit; prerogative orders.
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21 September 2022 |
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Absent express law, a single High Court judge may hear petitions under Article 108(2); BRADEA’s three-judge rule is limited to Part III.
Constitutional procedure – Article 108(2) inherent jurisdiction of High Court; BRADEA s.10(1) limited to Part III matters; JALA s.5 single Judge powers; silence in law on bench composition implies single-Judge jurisdiction; distinction from cases invoking Part III.
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7 September 2022 |
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Court granted leave for judicial review of presidential termination, finding timely electronic filing, sufficient interest and arguable procedural irregularities.
Judicial review — leave to apply for prerogative orders — certiorari and mandamus; Electronic filing — date of filing under Electronic Filing Rules; Timeliness and extension of time; Sufficient interest; Arguable/triable procedural irregularities in disciplinary termination (late charge sheet, jurisdiction, evaluation of evidence).
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2 September 2022 |
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2 September 2022 |
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Applicant failed to prove respondent's fundamental breach; consultant's certificate withdrawal unproven; counterclaim dismissed.
Construction contract — interim payment certificates — alleged consultant withdrawal and nullification — requirement of notification and contractual authority (clause 27.1) — termination for non‑payment (clause 62.2(d)) — abandonment/stoppage (clause 62.2(a)) — valuation/certificate on termination (clause 63.1) — bonds/guarantee and indorsement of extensions — burden of proof on claimant.
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1 September 2022 |
| August 2022 |
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Applicants' constitutional petition dismissed for failure to exhaust alternative remedies under Cap 3.
Constitutional procedure – Basic Rights and Duties Enforcement Act (Cap 3) – Sections 4 and 8(2): petition barred if alternative remedies exist; Criminal Procedure Act s.169(1) as alternative remedy in ongoing criminal proceedings; Civil suit and Law of Limitation Act as alternative remedy for damages; Subordinate courts’ duty to refer constitutional questions under s.9(1) of Cap 3.
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31 August 2022 |
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Leave to seek judicial review granted where a regulator’s letter threatened applicant’s contracts and an arguable case existed.
Judicial review — leave to apply for certiorari and prohibition — requirements for leave: sufficient interest, arguable case, absence of alternative remedies, promptness — impugned letter requesting insurer information potentially threatening contractual relations — leave granted.
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31 August 2022 |
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Registrar's restoration of previous company name upheld; application dismissed for defective affidavit and conflicting Commercial Division order.
Companies Act — change of company name — section 31 and section 143 — requirement of special resolution; Natural justice — right to be heard before administrative reversal; Judicial review — prerogative orders (certiorari, mandamus, prohibition) and availability of alternative remedies; Procedural competence — affidavit authorised officer requirement (Rule 8(3) 2014 Rules) and inadmissibility of affidavits containing false/unauthorised statements; Respect for concurrent High Court Commercial Division orders to avoid conflicting judgments.
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30 August 2022 |
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Conviction quashed where prosecutor-tendered exhibits were expunged and oral evidence was insufficient to prove armed robbery.
Criminal law – Armed robbery: ingredients and requirement to prove beyond reasonable doubt; Evidence – admissibility: prosecutor cannot tender exhibits as a witness; improperly admitted caution statement and PF3 expunged; Visual identification and contradictions: inconsistencies may defeat prosecution case; Appeal: first appeal is rehearing of evidence.
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26 August 2022 |
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Appeal allowed: conviction quashed due to reliance on improperly tendered exhibits and insufficient evidence.
Criminal law — Unlawful possession of government trophies — Admissibility of exhibits — Improper tendering by prosecutor who is not a witness — Sufficiency and evaluation of evidence — Failure to file written submissions equals waiver.
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25 August 2022 |
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Extension of time granted due to court/Registrar procedural irregularity causing a technical delay.
Extension of time – s.11(1) Appellate Jurisdiction Act – sufficient cause – technical delay vs actual delay; Registrar’s procedural irregularity (failure to issue collection letter) – denial of right to be heard; negligence of counsel; factors: length, reason, prospects, prejudice.
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22 August 2022 |
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High Court has no jurisdiction to order constitutional amendments; affidavit omission of advocate’s details is curable by amendment.
* Civil procedure – affidavit endorsement – omission of advocate’s name and address under Advocates Act – procedural defect curable by amendment.
* Constitutional law – jurisdiction of High Court under Article 108(2) and JALA s.2(3) – limits on courts to order constitutional amendment or harmonisation.
* Separation of powers – legislative power to amend Constitution vests in Parliament; courts cannot assume Parliament’s role (AG v Mtikila precedent).
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18 August 2022 |
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Judge recused despite finding allegations baseless to preserve appearance of justice; matter reassigned with no order as to costs.
Recusal – judicial impartiality and appearance of justice – standard in Zabro Pangamaleza v Joackim Kiwaraka – allegations of bias, denial of open court and unconsidered human rights complaints – discretion to withdraw for interest of justice – reassignment; no order as to costs.
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16 August 2022 |
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Leave granted to seek judicial review for alleged error of law, unreasonableness and breach of natural justice; costs each party to bear own.
Judicial review — Leave to apply — Requirements: application within six months; existence of an arguable case; sufficient interest — Grounds alleged: error of law, unreasonableness, breach of natural justice — Leave granted; costs each party to bear own.
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12 August 2022 |
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Leave to seek judicial review allowed after expunging defective affidavit paragraphs; other preliminary objections overruled.
Judicial review — whether impugned regulatory correspondence is a 'decision' — exhaustion of alternative remedies under Insurance Act s.126(4) — joinder of parties — admissibility of affidavit evidence (hearsay, opinion, conclusion) under Order XIX r.3.
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12 August 2022 |
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Judicial review application dismissed as filed out of time because fees were paid after the electronic filing deadline.
Judicial review — limitation period — six months under GN.324; Electronic filing — Rule 21 GN.148 — filing date versus date of payment of fees; procedural defects — recitals vs reliefs — amendable clerical slip; requirement to seek extension of time where filing occurs after deadline.
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9 August 2022 |
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An extension under the Limitation Act and inherent powers cannot extend time to institute a fresh constitutional petition.
Limitations of actions – Law of Limitation Act s.14(1) – extension of time limited to appeals/applications, not fresh suits; Civil Procedure Code s.95 – inherent powers not available to extend time where statutory provision is inapplicable; constitutional/human-rights petitions – no identified statutory limitation period in this case; incompetence and striking out of improperly grounded extension application.
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4 August 2022 |
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Leave for judicial review should not be dismissed at the leave stage for absence of a reviewable decision.
Administrative law; judicial review — leave to apply for prerogative orders (certiorari and mandamus); leave prerequisites: arguable case, sufficient interest, exhaustion of remedies, timeliness; procedural point — existence of a reviewable decision to be adjudicated at substantive stage, not at leave stage; preliminary objections raising factual disputes inappropriate at leave stage.
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2 August 2022 |