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Citation
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Judgment date
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| October 2021 |
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Court overruled most preliminary objections to a leave application but expunged argumentative parts of the supporting affidavit.
Application for leave to appeal — requirements for annexures — affidavit drafting — permissible narrative versus impermissible legal argument — hearsay and personal knowledge — attestation by Commissioner for Oaths and judicial notice — Oaths Act requirements and curability of defects — verification clauses and numbering — authority of State Attorney to represent Solicitor General.
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25 October 2021 |
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A reference, not an appeal, is the prescribed mode to challenge a Registrar's refusal to remit court fees; the appeal was struck out.
Court Fees Rules (GN No.247 of 2018) – rule 6(6) – reference to High Court against Registrar's refusal to remit fees – proper modality. Statutory interpretation – specific procedural rule prevails over general Civil Procedure Code provisions
Procedure – incompetence and striking out where wrong mode (appeal) used instead of prescribed reference
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21 October 2021 |
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The applicant’s leave to judicially review an already adjudicated PPAA decision was barred as res judicata and abuse of process.
Public Procurement – judicial review – leave to apply for certiorari and mandamus – whether barred by res judicata. Civil procedure – res judicata and functus officio – reopening previously adjudicated decision. Civil procedure – abuse of court process – frivolous and vexatious applications seeking to re‑litigate settled matters
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20 October 2021 |
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Court dismisses respondent's objection that the applicant's constitutional challenge is frivolous, finding factual issues require evidence.
Constitutional challenge to electoral provisions; preliminary objection; frivolous and vexatious petitions; section 6(e) Cap.3 particulars; Mukisa demurrer principle; factual issues versus pure points of law; jurisdiction to adjudicate alleged inconsistency with international instruments.
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20 October 2021 |
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Applicants were denied fair disciplinary process; court quashed discontinuation and ordered reinstatement by mandamus.
Administrative law – Judicial review – Certiorari and mandamus – Disciplinary proceedings – Natural justice – Adequate notice and formal charge – Regulation 17(a),(b),(d) of ITA Examination Regulations.
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19 October 2021 |
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Constitutional petition dismissed for failure to exhaust alternative remedies and for an incurably defective affidavit.
Constitutional jurisdiction – Basic Rights and Duties Enforcement Act – section 8(2) – requirement to exhaust alternative remedies before invoking High Court powers. Civil procedure – Order IX Rule 3 – restoration/set aside of dismissal for non-appearance as available remedy. Judicial discipline – Judiciary Administration Act – complaint mechanism for judicial misconduct. Professional discipline – Advocate Act/Tanganyika Law Society – remedies for advocate misconduct
Procedure – Affidavit must contain facts, not legal argument (Order XIX Rule 3) – incurable defects
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19 October 2021 |
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Leave granted to challenge mobile-money levy regulations after finding timeliness, arguable case and sufficient interest.
Judicial review — leave stage — tests for grant of leave: timeliness, prima facie/arguable case, sufficient interest — challenge to GN No. 496A of 2021 as ultra vires, discriminatory and procedurally defective.
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13 October 2021 |
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Applicants granted extension to file reference due to inability to obtain certified ruling and non-negligent delay.
Extension of time — necessity of certified copy of judgment to prepare grounds — accounting for delay — discretion to extend time — illegality not pleaded in affidavit cannot be relied upon.
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13 October 2021 |
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Court lacked jurisdiction; petitioner should have pursued judicial review, so constitutional petition dismissed.
Constitutional jurisdiction; alternative remedies and exhaustion requirement; judicial review under Part VII of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act; effect of sections 8(2) and 8(4) of the Basic Rights and Duties Enforcement Act; curability of clerical/pleading defects under overriding-objective provisions.
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12 October 2021 |
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Notifying the public of an ex-employee's resignation was privileged; no defamatory innuendo or malice proved.
Defamation — publication of resignation notices — defamation by innuendo requires proof of extrinsic facts; Qualified privilege — reciprocity of interest where principal notifies third-party stakeholders to avoid liability; Malice — absence of malice where reasonable operational reasons for publication exist; Causation and damages — claimant must prove nexus between publication and alleged loss.
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12 October 2021 |
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Speaker lawfully referred C.A.G.’s media remarks to committee; Article 143(6) immunity covers only official audit acts.
Parliamentary powers to summon persons; scope of Article 143(6) immunity for the C.A.G.; distinction between official audit communications and extraneous public commentary; limits on privilege for statements not contained in reports to the President / Parliament.
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7 October 2021 |
| September 2021 |
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A constitutional petition was struck out as res sub judice and an abuse of process due to parallel disciplinary proceedings.
Constitutional procedure – Res sub judice and abuse of court process – Availability of alternative statutory remedies under Advocates Act – Appropriate remedy (strike out v stay) when parallel disciplinary proceedings are pending.
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29 September 2021 |
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High Court granted bail under EOCCA where alleged pecuniary loss exceeded subordinate court limit, imposing strict financial and supervisory conditions.
Criminal procedure — Bail under EOCCA — Jurisdiction of High Court under s.29(4)(a),(d) where alleged pecuniary loss exceeds subordinate court threshold
Bailability — offences under Penal Code and EOCCA held bailable; uncontested application granted. Bail conditions — cash deposit or immovable property security, execution of bonds, sureties, surrender of travel documents, travel restrictions, verification by trial court
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24 September 2021 |
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Court dismissed constitutional petition for lack of jurisdiction for failure to exhaust alternative remedies.
Constitutional remedies – exhaustion of alternative remedies under Cap. 3 (s.4(5), s.8(2)); preliminary objections – Mukisa Biscuits test (pure point of law); res subjudice – civil vs criminal proceedings; non‑joinder – necessary party vs non‑suable judicial entities; frivolous/vexatious – requires evidential hearing.
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23 September 2021 |
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Delegated regulations are amenable to judicial review; board-resolution and cause-of-action objections dismissed as factual.
Judicial review – Delegated/subsidiary legislation – Regulations amenable to judicial review despite being "written law"; Preliminary objections – Mukisa Biscuits test – pure point of law vs factual issues; Legal authorisation – board resolution requirement is a factual matter, not a preliminary point of law; Cause of action / locus standi – requires evidence, not suitable for preliminary objection; Procedure – joining the Attorney General renders leave applications inter partes.
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8 September 2021 |
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Affidavit relying on counsel's unsworn statements is hearsay and can render a judicial-review application incompetent.
Judicial review — leave to apply — affidavit requirements — hearsay, opinion and conclusions inadmissible — advocate referenced as source must swear — expunction of defective paragraphs — insufficient remaining averments renders application incompetent.
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8 September 2021 |
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Applicant failed to prove alleged fraud or lack of spousal consent; bank not liable and suit dismissed with costs.
Land law – Mortgage of matrimonial home – validity and effect of registered mortgage deed; spousal consent requirements under section 114 Land Act
Evidence – burden of proof and heightened standard where fraud is alleged; requirement to prove forgery or collusion. Banking law – bank’s rights to recover secured indebtedness and to enforce mortgage upon borrower’s default
Remedies – discharge of mortgage by third party and bank’s non-liability absent proof of bank’s fraud or collusion
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2 September 2021 |
| August 2021 |
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Application for prerogative relief struck out for failure to exhaust available statutory labour remedies; jurat defect held minor.
Administrative law – prerogative orders (certiorari/mandamus) – alternative statutory remedies in labour disputes – necessity to exhaust labour dispute mechanisms (CMA/Labour Court) before judicial review; Affidavit formalities – jurat defects curable under overriding objective.
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27 August 2021 |
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Leave application dismissed for failing mandatory rule 5(2)(a) statement and being time‑barred under rule 6.
Judicial review — leave to apply — procedural requirements: rule 5(2)(a) statement mandatory; time limit — rule 6 six‑month bar; preliminary objections — Mukisa Biscuits test (pure point of law) — overtaken by events/functus officio requires factual inquiry and not suitable as preliminary point.
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26 August 2021 |
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Failure to attach the required statement to a judicial review application is fatal and renders the application incompetent.
Administrative law – Judicial review – Procedural compliance – Rule 8(1)(a) and Rule 11 (2014 Rules) require a statement in respect of which leave was granted to accompany chamber summons; omission is fatal; rule 5 (leave application) document cannot substitute; overriding objective does not cure mandatory procedural defects.
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25 August 2021 |
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A traffic conviction supports civil negligence; owner and insurer liable; limited funeral, travel and general damages awarded.
Road-traffic negligence – criminal traffic conviction admissible but not conclusive in civil proceedings; evidential weight assessed. ; Fatal-accident damages – heads recoverable: reasonable funeral and incidental expenses, loss of dependency; future earnings require credible proof. ; Vicarious liability – vehicle owner liable for driver’s negligence; insurer liable under third-party policy and Motor Vehicles Insurance Act to satisfy judgment.
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17 August 2021 |
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Court granted extension to file leave for judicial review to avoid prejudice despite earlier procedural impropriety.
Administrative law – Judicial review – Time limits for leave – Rule 6, GN No.324 of 2014 (six‑month limitation). Limitation law – Section 14(1) Law of Limitation Act – appropriateness of enlargement of time. Procedural discretion – striking out versus granting extension to avoid prejudice and duplication of proceedings
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5 August 2021 |
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Applicant's challenge to automatic academic discontinuation failed; court found regulations operated automatically and no procedural unfairness occurred.
University regulations – academic discontinuation for GPA below threshold – automatic operation of regulations; Judicial review – prerogative reliefs (certiorari, mandamus) – requirements and limits; Administrative law – duty to give reasons arises where decision basis is unknown; Natural justice – right to be heard satisfied by internal appeal process when invoked; Validity of administrative communications – signature by officer vs requirement for Chairman's signature; Retrospectivity of regulations – applicant failed to prove retrospective application.
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2 August 2021 |
| July 2021 |
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Constitutional petition dismissed as frivolous and abusive where Court of Appeal review remedies were available and exhausted.
Constitutional jurisdiction – BRADEA – limits where alternative remedies exist or where petitions are frivolous or vexatious; Finality of Court of Appeal review (Rule 66(7)) – effect on constitutional petitions; Civil procedure – abuse of process by seeking constitutional review of Court of Appeal decisions; Constitutional rights – allegations of denial of right to appeal and discrimination require evidential support.
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13 July 2021 |
| June 2021 |
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Commission’s dismissal was unlawful and unfairly conducted; tribunal’s evidence lapses rendered the decision quashable.
Administrative law – Judicial review – Illegality and excess of jurisdiction; Breach of natural justice – failure to supply material exhibit and denial of right to prepare defence; Failure to call crucial witness – miscarriage of justice; Remedies – certiorari and mandamus ordered.
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23 June 2021 |
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Where the High Court orders the Registrar to refer a disciplinary complaint, a party cannot pre‑empt that referral by filing an overlapping complaint.
Advocates Act s.22(2)(b) – suspension pending reference to Disciplinary Committee – procedural primacy of judicial referral. Advocates disciplinary procedure – where judge orders Registrar to refer complaint, parties cannot pre‑empt by filing overlapping complaints under Rules/sections 10–12
Jurisdiction – disciplinary proceedings commenced in violation of a specific High Court order are incompetent and liable to be quashed
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21 June 2021 |
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Applicant failed to prove sufficient cause or provide evidence for e‑filing delays; extension denied with costs.
Civil procedure – extension of time – Application under Section 11(1) AJA – court discretion to grant extension only on sufficient cause. Electronic filing – Judicature and Application of Laws (Electronic Filing) Rules, 2018 (G.N
No. 148/2018) – Rule 21(1) deems documents filed when submitted electronically but proof of submission/hard copy still required
Delay – applicant must account for every day of delay and provide contemporaneous evidence; assertions about registry failures require affidavit/evidence from registry (avoid hearsay)
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8 June 2021 |
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Doctrine of misnomer cannot be used to amend parties after a preliminary objection; application struck out.
Judicial review — parties properly named and joinder — misnomer/'finger litigation' doctrine — amendment of pleadings after preliminary objection — locus standi of registered trustees; Order I Rules 9 & 10; Order XIV Rule 2; Trustees Incorporation Act.
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4 June 2021 |
| May 2021 |
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The Will was invalidated for lack of testamentary capacity and undue influence; caveators appointed co-administrators.
Probate and administration — validity of Will — testamentary capacity; undue influence; witnesses and custody; mode-of-life/dominant-part test to determine applicable law; restrictive testamentary freedom; matrimonial share; statutory heirs; public policy; ex turpi causa.
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18 May 2021 |
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Conviction quashed where appellant's confession was untested and ammunition chain of custody was unestablished.
Criminal law – Court Martial – unlawful possession of ammunition – admissibility of cautioned/extrajudicial statement – requirement for trial within a trial (Defence Forces Regulations reg.1112.605) where voluntariness is objected – chain of custody and seizure procedures – sufficiency of evidence and safety of conviction; joint representation and conflict of interest.
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6 May 2021 |
| April 2021 |
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Leave granted to seek certiorari and mandamus over arguable denial of natural justice in academic disciplinary discontinuation.
Judicial review – leave to apply for prerogative orders – requirements and six‑month rule (G.N. No. 324/2014). Administrative law – disciplinary decisions of academic bodies – amenability to judicial review and finality of institutional decisions. Natural justice – right to be informed of charges, adequate notice, opportunity to prepare and be heard
Procedure – preliminary objections must raise pure points of law (Mukisa principle); unsubstantiated objections may be overruled
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30 April 2021 |
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High Court may grant judicial review over alleged administrative illegality in tax matters; extension of time granted.
Judicial review – High Court jurisdiction – scope where administrative illegality or misuse of power is alleged despite tax elements. Tax law – interaction between Tax Revenue Appeals regime and judicial review – jurisdictional limits and exceptions. Civil procedure – extension of time – sufficient cause, delay caused by respondents' inaction and alleged illegality. Abuse of process – concurrent notice of appeal to Tax Revenue Appeal Board not fatal where extension application filed first
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30 April 2021 |
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Leave to seek judicial review granted where Senate disapproved an appeal without reasons, raising arguable procedural unfairness.
Administrative law – Judicial review – Leave stage: duty to show arguable/triable issue and sufficient interest; not a forum for substantive fact-finding – Procedural fairness – Requirement to give reasons – Prerogative remedies: certiorari and mandamus – Admission that applicant was registered and sat exams – Counter-affidavit deponent authorization dispute.
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8 April 2021 |
| March 2021 |
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A constitutional petition challenging detention was dismissed as res judicata because the impugned provision's constitutionality had already been decided.
Constitutional law – res judicata – preclusion of re-litigation where a competent court has finally determined the constitutionality of a statutory provision (Section 36(2) EOCCA). Criminal procedure / bail – DPP's certificate to object bail (Section 36(2) EOCCA) and its similarity to Section 148 of the Criminal Procedure Act. Civil procedure – applicability of res judicata to constitutional petitions even with differing parties. Public interest litigation – costs: no order as to costs
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19 March 2021 |
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A dismissal for being filed out of time bars re-filing the same appeal unless the dismissal is set aside.
Court Martial appeals — finality of dismissal for being out of time; extension of time post-dismissal cannot revive appeal; jurisdiction and functus officio where dismissal not set aside.
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10 March 2021 |
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Appeal against Advocates Committee decision struck out as time‑barred for failure to obtain Secretary's certificate excluding delay.
Advocates Act s.24A(1) – thirty‑day appeal period; Advocates (Disciplinary) Rules GN No.120/2018 r.17(4) – exclusion of time while awaiting certified copies; requirement of valid certificate of delay issued by Secretary; timing of request for documents; competence of appeal/time bar.
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8 March 2021 |
| February 2021 |
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Applicant awarded damages after unlawful termination of distributorship; separate corporate personality precludes non‑party termination.
Contract law – distributorship agreement – existence and proof by certified copy and supporting exhibits; corporate personality – distinct companies and non‑party cannot validly terminate contract; breach – premature termination entitling applicant to specific and general damages; interest and costs awarded.
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23 February 2021 |
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Leave granted to seek certiorari/mandamus; time-bar and factual service issues deferred to main application.
Judicial review—leave to apply for prerogative orders—time limitation and service—audi alteram partem—ultra vires regulatory challenge—arguable case and sufficient interest test.
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9 February 2021 |
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Applicant granted leave to seek judicial review of dismissal due to arguable jurisdictional and natural justice defects.
Judicial review – prerogative orders (certiorari, mandamus) – time limitation and when clock starts; jurisdiction of disciplinary/appeal bodies; breach of natural justice – denial of hearing and reasons; arguable case threshold for leave to apply for judicial review.
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9 February 2021 |
| 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 |