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Citation
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Judgment date
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| November 2024 |
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Court granted limited interim injunction restraining majority shareholder from dealing with company assets and management pending petition.
* Companies law – petition for unfair prejudice – interim injunctive relief pending determination of unfair prejudice petition.
* Interim injunction – Atilio v. Mbowe test – prima facie case, irreparable loss, balance of convenience.
* Limits on interlocutory orders – court will not grant relief that decides the main suit.
* Interim management and asset restraints – involvement of minority shareholders in management and prohibition on dealing with company property and advertising pending final determination.
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13 November 2024 |
| October 2024 |
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Court dismissed petition on children’s political participation, holding statutory remedies under the Political Parties Act should be exhausted before constitutional relief.
* Constitutional jurisdiction – invocation sparingly where statutory remedies exist.* Political Parties Act – section 19 empowers Registrar to regulate and sanction parties; statutory remedies should be exhausted before constitutional litigation.* Child protection – alleged involvement of under-18s in party activities raises statutory questions under Political Parties Act and Law of the Child Act.* Public interest litigation – costs discretion exercised, no order as to costs.
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3 October 2024 |
| September 2024 |
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Dismissal for alleged forged certificate quashed for denial of investigation report and unfair disciplinary hearing; reinstatement ordered.
Administrative law; judicial review – procedural impropriety and natural justice – requirement to supply investigation report to accused employee; employer’s onus to prove compliance; bias and procedural defects in disciplinary proceedings; prerogative relief – certiorari and mandamus; reinstatement for unlawful dismissal.
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4 September 2024 |
| July 2024 |
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Constitutional court may strike down subsidiary rules; Law School By-law unconstitutional for denying students right to be heard on appeal.
Constitutional jurisdiction — challenge to subsidiary legislation under BRADEA; Right to fair hearing — Article 13(6)(a) — students’ appeals; Scope of remedies — declaration and mandatory amendment; Damages — dismissed for lack of proof.
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23 July 2024 |
| June 2024 |
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A conviction cannot stand where judgment was not duly pronounced or signed; proceedings quashed and retrial ordered.
Criminal procedure — validity of judgment — requirement for pronouncement in open court and presiding officer’s signature — absence of proceedings on judgment date — certified copy lacking original signature insufficient — conviction and sentence quashed; retrial ordered.
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19 June 2024 |
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13 June 2024 |
| May 2024 |
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23 May 2024 |
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Most PDPA provisions upheld as constitutional; Sections 22(3) and 23(3)(c),(e) found vague and must be amended within one year.
Constitutional law — Privacy and data protection — Challenges to PDPA provisions — Burden and standard of proof in constitutional petitions — Article 30 limitations and three‑step test — Reading principal legislation with regulations — Vague/overbroad provisions (s.22(3); s.23(3)(c),(e)) declared defective and requiring amendment.
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8 May 2024 |
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Whether the 90‑day statutory hearing period runs from assignment to a three‑judge panel, and jurisdiction lapses if that period expires.
Constitutional petitions — Basic Rights and Duties Enforcement Act and Rules — composition of High Court for petitions (s.10) — competence determined by single judge but hearing by three‑judge panel — rule 15(2) ninety‑day time limit — computation from assignment to panel — jurisdiction lapses by effluxion of time — inability to extend time once jurisdiction lost.
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6 May 2024 |
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Applicant has a constitutional right to access Clubhouse, but no evidence showed state restriction; petition dismissed.
Digital rights – access to social media – Clubhouse – constitutional right to seek, receive and impart information online; limitation of rights – three‑part test (prescribed by law, legitimate aim, necessary and proportionate); burden of proof in constitutional claims; admissibility/credibility of third‑party network reports (OONI); regulatory powers of TCRA to block or restrict under law.
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3 May 2024 |
| April 2024 |
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A court is functus officio and cannot reopen a concluded judgment to impose new enforcement conditions.
Constitutional enforcement – structural interdicts – enforcement of appellate declarations of unconstitutionality; functus officio – finality of judgments and prohibition on reopening decided matters; execution of constitutional decrees – court's discretion and available modalities; locus standi under BRADEA (section 4(2)).
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24 April 2024 |
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A framework procurement contract required call‑off orders; no purchase order meant no breach and the claim was dismissed.
Procurement law – Framework contract – Call‑off (purchase) orders required to trigger performance; tender/bid documents not part of contract unless annexed; absence of purchase order means no breach; specific contractual damages must be proved.
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12 April 2024 |
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A single judge may hear preliminary BRADEA matters, but anonymity for petitioners cannot be granted pre-institution; minors must sue by next friends.
* Constitutional procedure – BRADEA Rules – preliminary matters handled by single Judge (Rule 9(1)); assignment to three-judge panel after competence (Rule 15(1)).
* Inherent powers – Rule 2(3) – cannot be used to create pre-institution anonymity of petitioners where statute requires names and addresses.
* Child protection – anonymity and protective measures provided by Child Act and Chief Justice’s circular operate after institution of proceedings.
* Civil procedure – minors must sue by next friend (Order XXXI Rule 1 CPC); failure renders application incompetent.
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5 April 2024 |
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Plaintiff failed to prove medical negligence; treating doctor acted within accepted professional standards and consented procedures.
* Medical negligence – standard of care – Bolam principle – conduct judged against ordinary competent practitioner in specialty. * Consent – signed consent covering necessary procedures and intra‑operative conversion from laparoscopy to laparotomy. * Causation and damages – adverse outcome alone does not establish negligence; need expert evidence linking breach to harm. * Burden of proof – plaintiff must prove facts alleged on balance of probabilities.
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4 April 2024 |
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3 April 2024 |
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3 April 2024 |
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Leave to seek judicial review granted where arguable fair‑hearing and administrative law issues require full hearing.
Judicial review — Leave to apply — Prima facie/arguable case required — Fair hearing/natural justice alleged breaches (investigation report, impartial tribunal, adequate notice, opportunity to mitigate, access to minutes) — Good faith and leave-stage limitation.
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2 April 2024 |
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Applicant's challenge to ministerial public consultations dismissed as matter already finally adjudicated; court functus officio.
* Judicial review – prerogative orders – certiorari, prohibition, mandamus – repetition of issues already adjudicated.* Doctrine of functus officio and finality of judgments – court barred from re‑litigating matters finally determined by same court.* Enforcement of court orders – compliance versus parliamentary legislative process; contempt proceedings as remedy for false statements on compliance.
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2 April 2024 |
| March 2024 |
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Member granted leave to seek judicial review over allegedly procedurally defective call for an Extra Ordinary General Meeting.
* Judicial review — leave to apply — tests: sufficient interest, arguable case, impugned decision, exhaustion of remedies, promptness.
* Justiciability — internal society/Governing Council decisions may be reviewed where procedural illegality or lack of compliance with statutory/regulatory rules is alleged.
* Meetings law — compliance with Tanganyika Law Society Act and Meetings Regulations (notice period, circulation of documents, authorized signatory) relevant to challenge of convening general meetings.
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29 March 2024 |
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Member granted leave to challenge society meeting convening for alleged procedural irregularities.
* Judicial review — leave to apply — tests: sufficient interest, arguable case, existence of decision, exhaustion of remedies, promptness.
* Administrative law — procedural impropriety — convening of meetings: notice period, circulation of documents, agenda variation, signatory authority.
* Internal governance — justiciability of decisions by society organs at leave stage.
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29 March 2024 |
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Form defect curable; new affidavit facts expunged; debarment upheld as complaint was lodged within statutory 28 days.
Public procurement — judicial review — procedural compliance with prescribed forms — curability under Interpretation of Laws Act s.64; leave to apply for review — Rule 8(1)(a) GN No.324/2014 — new facts in main affidavits expunged; debarment — reckoning of statutory 28‑day time limit (Reg.94 GN No.446/2013) — awareness date established by bank correspondence; burden of proof and adverse inference — not engaged; apportionment of disciplinary sanction in joint venture — not appropriate.
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27 March 2024 |
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Judicial review dismissed: disciplinary findings and nullification of results upheld for lack of breach of natural justice.
Administrative law – Judicial review – Certiorari and mandamus; Natural justice – right to be heard – service of charge sheet, written reply and inquiry minutes; Disciplinary procedure – examination irregularity – evidence from invigilators and witnesses; Procedural irregularity – omission in later correspondence does not invalidate prior served disciplinary notices.
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25 March 2024 |
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Leave granted to challenge whether PPAA improperly struck out an appeal as time‑barred without condoning trivial delay.
* Judicial review — leave to apply for prerogative orders — prima facie case requirement. * Public procurement — appeals — time limits, condonation/leave and whether time bar is a procedural 'technicality' or a jurisdictional defect. * Procedural impropriety and alleged failure to exercise jurisdiction by the Public Procurement Appeals Authority.
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25 March 2024 |
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Extension of time granted where illegality in the impugned ruling was apparent on the face of the record.
Extension of time – Illegality as sufficient cause – Illegality must be apparent on the face of the record and of sufficient importance (Lyamuya; Devram Valambhia) – Affidavit averments may be argumentative but tolerable – Law of Limitation Act s.14(1).
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18 March 2024 |
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18 March 2024 |
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14 March 2024 |
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14 March 2024 |
Constitutional Law – Separation of Powers – Executive Interference in Judicial Functions
Constitutional Law – Due process – Ministerial discretion to extend limitation periods
Constitutional Law – Bill of Rights – Right to Access to Justice |
13 March 2024 |
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Misnumbering/expungement of affidavit paragraphs was an error on record but caused no miscarriage of justice; review dismissed.
Civil procedure — Review of court’s ruling — Error apparent on face of record — Misquotation/misnumbering of affidavit paragraphs; admissibility of affidavit content — Arguments and conclusions versus facts — Limited grounds for review (manifest error causing miscarriage of justice, fraud, denial of hearing).
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8 March 2024 |
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Leave granted for judicial review where the statutory appeals tribunal was shown not to be operational and an arguable case existed.
Judicial review – leave stage – timeliness, locus/ sufficient interest and arguability – availability of alternative remedy – Environmental Appeals Tribunal under Environmental Management Act – evidential burden to prove existence/operation of statutory tribunal – availability of alternative remedy not per se bar to judicial review.
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7 March 2024 |
Constitutional Law – Union Matters – Jurisdiction of High Court
Constitutional Law – Locus Standi – Public interest litigation by individuals
Civil Procedure – Joinder of parties – Whether improper joinder renders petition invalid
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4 March 2024 |
| February 2024 |
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Leave granted to seek certiorari challenging an appeals decision; leave operates as a stay pending substantive judicial review.
Administrative law – judicial review – leave to apply for prerogative orders – test of locus standi, timeliness and arguability (Emma Bayo test); res judicata – applicability to related procurement challenges; certiorari – nature and effect; stay pending review (Rule 5(6), GN No.324/2014).
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23 February 2024 |
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Availability of military grievance remedies does not automatically bar judicial review; preliminary objection dismissed and matter to proceed on merits.
Judicial review — prerogative orders (certiorari, mandamus, prohibition); military grievance procedures; National Defence Act; exhaustion of alternative remedies; preliminary objection — pure point of law vs. factual inquiry; court’s discretion to entertain judicial review despite alternative remedies.
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21 February 2024 |
Administrative Law – public officers – president’s powers to retire public officers in the public interest – procedure for retiring public officers in the public interest – failure by president to give reasons for retiring applicant in the public interest – validity of president’s decision – Public Service Act, cap 298 RE 2019, Section 24(1); Regulation 29(1), and Order F40
Administrative Law – judicial review – certiorari – applicant seeking to quash the president’s decision to retire him in the public interest – failure by president to give reasons for retiring applicant in the public interest – whether president’s decision was ultra vires and against the rules of natural justice |
8 February 2024 |