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Citation
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Judgment date
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| November 2025 |
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Appeal allowed: prosecution failed to prove statutory rape beyond reasonable doubt due to weak corroboration and forensic gaps.
* Criminal law – Rape (statutory rape) – burden of proof: prosecution must prove penetration and identity beyond reasonable doubt. * Evidence – Victim’s testimony: best evidence in sexual offences but must be free, voluntary and credible. * Evidence – Hearsay and second‑hand evidence: caution when relying on mother’s account and police repetition. * Evidence – Corroboration and forensic evidence: medical PF3 inconclusive; absence of sperm/DNA weakens prosecution case. * Procedure – Failure to call material witnesses and to collect forensic evidence may attract adverse inference. * Appeal – First appellate court as rehearing: duty to re‑evaluate evidence objectively.
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13 November 2025 |
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Prosecution failed to prove statutory rape beyond reasonable doubt due to inconsistent testimony and unreliable medical and investigative evidence.
* Criminal law – Statutory rape – Elements: proof of victim's age and penetration – age proved but penetration not established beyond reasonable doubt.
* Evidence – Credibility assessment – material inconsistencies in victim's testimony may undermine conviction.
* Medical evidence – Expert report must explain basis of conclusion; unexplained contradictions weaken corroboration.
* Defence – Alibi not previously disclosed may be accorded weight in court’s discretion (section 200(6) CPA).
* Procedure – Failure to call the investigator may attract adverse inference and weaken prosecution case.
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13 November 2025 |
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Proved sickness of counsel constitutes sufficient cause to restore an appeal dismissed for want of prosecution.
Civil procedure – Order XXXIX r.19 – restoration of appeal dismissed for want of prosecution; sickness of counsel as sufficient cause; proof of incapacity; assessment confined to circumstances on hearing date; costs – each party to bear own costs.
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13 November 2025 |
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Ministerial extension under s44(1) rendered the applicant's suit timely; constitutional challenge unsuitable as preliminary objection.
* Limitation law – tort claims – three-year limitation – ministerial extension under section 44(1) of the Law of Limitation Act – effect of annexed extension on timeliness of suit. * Civil procedure – preliminary objection – mixed question of law and fact – Mukisa test – inadmissibility of factual/constitutional disputes by preliminary objection. * Administrative/constitutional law – challenge to ministerial exercise of extension and alleged interference with judicial independence not determinable at preliminary stage.
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12 November 2025 |
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Summary judgment granted where respondent failed to defend unpaid statutory pension contributions and penalties.
* Civil procedure — Summary judgment under Order XXXV — Effect of failure to file defence after leave to defend — Allegations in plaint deemed admitted.
* Employment/social security law — Employer's statutory duty to remit members' contributions — Liability for unremitted contributions and statutory penalties.
* Remedies — Statutory additional contribution (interest) at 5% compound per month until full satisfaction; costs.
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11 November 2025 |
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Leave for judicial review must be sought within six months of the definitive administrative act; late filings are time‑barred.
Judicial review — Limitation — Rule 6 GN. No. 324 of 2014 — six‑month mandatory period — accrual runs from date of final administrative act/omission; reminders do not revive limitation — time‑bar renders court without jurisdiction.
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11 November 2025 |
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Whether privity and absence of a board resolution render the plaintiff’s suit incompetent.
Companies Act s.147(1) — board resolution — pleadings and proof; Contract law — privity of contract — subcontracting; Necessary party — when a subcontractor may be joined; Preliminary objections — pure question of law vs factual dispute.
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10 November 2025 |
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Applicants charged under EOCCA granted bail subject to half‑value deposit apportioned among accused, sureties, bonds and travel restrictions.
Bail — EOCCA s36(1),(5)(a) — offences involving money/property over TZS 10,000,000 — mandatory deposit of half the value — sharing principle in apportioning monetary bail among jointly charged accused — bail conditions: cash/title deed deposit, sureties, bonds, passport surrender, travel restrictions.
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10 November 2025 |
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Specific damages require strict proof; electronic evidence admissible post-amendment; general damages upheld and specific award quashed.
* Civil procedure – ownership and party proper – late assertion of company liability without supporting evidence is fatal to that defense.
* Contract/Property – wrongful detention of goods – detention without legal justification gives rise to liability and entitlement to return and damages.
* Damages – specific (special) damages must be specifically pleaded and strictly proved; inadequate proof vitiates award.
* Damages – general damages rest on judicial discretion and may be upheld absent misdirection or excess.
* Evidence – electronic documents admissible following statutory amendment; lack of formal endorsement not necessarily fatal where exhibits were admitted and uncontested.
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7 November 2025 |
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Parties’ Deed of Settlement recorded as consent judgment settling compensation dispute, with bank payment mechanics and default reversion clause.
Consent judgment — Deed of Settlement recorded and incorporated into court records; settlement terms on compensation allocation, bank transfer and deduction authorisation; injunction delaying payment; reversionary right to full contractual share on default; consent decree to be issued.
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7 November 2025 |
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Court recorded parties’ settlement and issued consent judgment resolving breach‑of‑NDA claims subject to agreed payment and bank transfer terms.
* Civil procedure – Consent judgment – Recording of Deed of Settlement and issuance of consent decree.
* Contract/NDA – Compromise of contractual entitlement (40% claim) to agreed payment and mechanism for bank deduction and remittance.
* Enforcement – Consequence of non‑performance under settlement (reversion to original claim) and effect of interlocutory injunction on payment flow.
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7 November 2025 |
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The respondent lacked locus standi to seek revocation and the co-administrator appointment was quashed.
* Probate and Administration — Locus standi — Applicant must show legal or beneficial interest to seek revocation of an administrator. * Probate and Administration — Appointment of administrator/co-administrator — Priority to beneficiaries and those with greater/immediate interests under s.33 PAEA. * Civil procedure — Proceedings are a nullity where court entertains application by person lacking legal capacity to sue. * Probate practice — Requirement to file inventories and to comply with s.107(1) and (2) PAEA when administering an estate.
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7 November 2025 |
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Clerical date error and absence of medical evidence did not vitiate credible child rape evidence; conviction upheld.
Criminal law – Rape of a child – proving rape without medical report; Evidence Act s.127 (child witnesses) and s.135(7) (curing procedural defects); clerical variance in charge not fatal; non-calling of non-eyewitnesses not fatal where testimony is credible.
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7 November 2025 |
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Certified copy of MOU admissible after original destroyed; stamp duty omission not fatal; general damages reduced, commercial interest set aside.
Evidence – secondary evidence – admission of certified copy where original destroyed; Registration/Stamp duty – non-payment not automatically fatal to admissibility; Civil procedure – parties must call material witnesses; Pleadings – court decides issues raised; Damages – general damages must be supported by evidence; Interest – commercial interest requires contractual basis.
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7 November 2025 |
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Prosecution failed to prove theft beyond reasonable doubt; appeal dismissed and trial sentencing was erroneous.
Criminal law – Theft – burden of proof beyond reasonable doubt – requirement to prove ownership, entrustment and asportation; Circumstantial evidence – must be incapable of more than one interpretation; Trial procedure – witness credibility affected where witness testifies for both prosecution and defence; Sentencing – conditional discharge cannot be imposed in addition to a custodial sentence.
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7 November 2025 |
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Court held the contested 31 December 2023 trustee election invalid and ordered restoration of property to the 2014 board pending lawful election.
Trustees’ Incorporation Act – declaratory opinion on membership – validity of trustees’ election – Administrator‑General’s duty to satisfy lawful meeting and supervision – compliance with constitution and monitoring by religious supreme authority – notice and right to be heard – irregularities and probative value of ballot papers and minutes – interim restoration of possession pending lawful election.
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7 November 2025 |
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Applicant’s contempt application dismissed because affidavits alleged an impossible post-filing date; counsel’s submissions cannot cure sworn evidence.
Contempt of court – proof by affidavit – applicant bound by pleadings – counsel’s submissions are not evidence – dates and chronological consistency material to proof – improperly raised preliminary objections need not be considered.
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6 November 2025 |
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Res judicata and functus officio do not bar a separate suit for damages arising from a post-judgment breach of a consent decree.
* Civil procedure – Res judicata – Section 11 CPC – subsequent suit alleging post-judgment breach and damages not barred where matter is not directly and substantially the same.
* Consent judgments – challengeability – in proper cases a consent judgment may attract separate proceedings for relief arising from subsequent breaches.
* Execution (Order XXI CPC) – not necessarily the exclusive remedy for unquantified or post-decree losses.
* Functus officio – does not preclude adjudication of distinct causes of action arising after a final judgment.
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5 November 2025 |
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Trial court’s procedural breaches and denial of right to be heard rendered proceedings null and required rehearing.
* Civil procedure – right to be heard – admission of evidence and delivery of judgment in absence of party – procedural irregularity renders decision nullity.
* Evidence – admissibility of document when witness absent – improper admission undermines right to cross-examine.
* Appeals – second appeal – interference justified where procedural defects cause miscarriage of justice.
* Arbitration – clause alleged to oust court jurisdiction (raised but not determinatively decided due to procedural nullity).
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5 November 2025 |
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An applicant whose timely appeal was struck out for non‑joinder may obtain extension where prompt action shows good cause.
Extension of time — application to enlarge time to file appeal; accounting for delay; Lyamuya factors; good cause; technical delay where original appeal timely but struck out for non‑joinder; Fortunatas Masha precedent; discretion and diligence requirements.
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5 November 2025 |
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Whether the loan agreement placed the primary duty to maintain insurance on the borrower or on the bank.
* Contract interpretation — written loan facility — clause 6.2 (borrower to maintain insurance) vs clause 9.6 (bank’s right to debit account) * Burden of proof in civil matters — plaintiff to prove allegations * Parol evidence rule — written agreement cannot be varied by oral evidence * Special damages — requirement for specific pleading and strict proof * Admissibility of bank statements (raised but not decided)
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5 November 2025 |
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Appellant failed to prove contract terms or discharge burden; appeal dismissed for insufficient evidence.
* Civil procedure – burden of proof in civil claims – claimant must prove existence, terms and breach of contract on balance of probabilities.
* Contract law – validity and sufficiency of documentary evidence – ambiguous letters/requests for waiver do not necessarily constitute admissions of debt or contracts.
* Appellate review – duty and power of appellate courts to re-evaluate evidence and substitute findings of fact where trial findings are unsupported.
* Fair hearing – re-evaluation by appellate court does not automatically amount to raising new issues or denial of fair hearing when confined to the record.
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5 November 2025 |
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Proceeding ex parte without disposing of on-record preliminary objections breached the appellant’s right to be heard, rendering the judgment a nullity.
Small claims procedure – Ex parte hearing – Reply and preliminary objections on record – Duty to determine preliminary objections before merits – Right to be heard/natural justice – Procedural irregularity renders judgment a nullity – Remittal for rehearing.
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5 November 2025 |
| October 2025 |
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Dispute over image use on electronic media lies in court, not the Media Services Act Complaints Committee.
Media Services Act – jurisdiction – Section 28(1) covers complaints about print media only; electronic media (television, social media) fall outside Complaints Committee’s print-media jurisdiction; Personal Data Protection Act inapplicable to misappropriation of image/likeness; preliminary objection alleging absence of cause of action cannot succeed where it raises mixed questions of law and fact; joinder under Order I Rules 3 and 7 permissible where plaintiff is unsure which defendant is liable.
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28 October 2025 |
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Interim attachment and custody of a vessel granted to protect consignment where applicants showed prima facie title and risk of irreparable loss.
Maritime security – attachment before judgment of a vessel; interim restraint and custody orders; prima facie title to goods on board; alleged third-party lien; irreparable harm and balance of convenience; requirement of security; interim procedural directions (service and hearing).
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28 October 2025 |
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Plaintiff-lawyer entitled to unpaid 3% professional fees, general damages and 12% interest following ex parte proof of engagement and nonpayment.
* Civil procedure – ex parte proof where defendants absent – credibility of plaintiff's direct evidence.
* Contract/professional fees – entitlement to agreed 3% of transaction sum for legal services.
* Damages – award of specific and general damages for unpaid professional fees and delay; reasonable post-judgment interest (12%).
* Execution – use of prior attachment-before-judgment order as starting point for enforcement.
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27 October 2025 |
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Bank liable for unauthorised withdrawals; SMS alerts insufficient to absolve bank; refund, interest, general damages and costs awarded.
* Banking law – fiduciary duty of banks to safeguard customer funds; obligation to prove authorized withdrawals. * Evidence – burden shifts to bank once withdrawal is shown; requirement to produce teller slips/CCTV/identification. * Electronic notifications – SMS alerts notify but do not authenticate or prevent unauthorised withdrawals. * Damages – refusal of punitive damages; award of general damages, interest and costs.
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27 October 2025 |
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Contract clause giving automatic conversion to commercial interest upon employment termination was enforceable; appeal dismissed.
* Contract law – loan agreements – staff preferential interest rate – automatic contractual conversion to commercial rate upon cessation of employment.
* Regulatory compliance – Bank of Tanzania (Financial Consumer Protection) Regulations 2019 – prior notice requirement vis-à-vis contractual notice.
* Evidence – burden of proof in civil claims – party alleging breach must prove on balance of probabilities.
* Contract variation – subsequent internal policies not incorporated into an existing contract cannot alter contractual rights.
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24 October 2025 |
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Special damages must be strictly proved; general damages upheld for breach causing unpaid services and loss.
Contract existence—oral and written agreements; Admissibility—relevance of exhibits and effect of documents admitted for identification; Special damages—must be specifically pleaded and strictly proved with particulars and supporting documents; General damages—discretionary award must be reasonable, not excessive; Appellate re-evaluation of facts and law.
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24 October 2025 |
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The appellant's challenge fails; the child’s credible testimony and medical corroboration sustain the conviction and sentence.
Criminal law – sexual offences against children; Evidence Act sec.135(2) – promise/voir dire for tender-age witness; Corroboration – medical evidence of bruises and friction; Consent immaterial for child victims; Proof beyond reasonable doubt.
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24 October 2025 |
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24 October 2025 |
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Conviction quashed due to magistrate-transfer irregularity, unlawful cautioned statement, defective identification parade, and unread exhibits.
Criminal procedure – transfer of magistrate – duty to record reasons and inform parties; cautioned statement – compliance with section 50(1) time limit – inadmissible if breached; identification parade – compliance with Police General Orders No. 232, prior description and timing – defective parade to be expunged; documentary exhibits – requirement to read admitted documents aloud; retrial – ordered only in interests of justice.
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24 October 2025 |
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Leave and interim relief granted to challenge allegedly unlawful, unnotified revocation of land titles.
* Judicial review – leave to apply – flexible prima facie/arguable case test at leave stage – not proof of merits
* Land law – revocation of title – requirement of notice, hearing and due process; alleged arbitrary revocation and re-registration
* Interim relief – maintenance of status quo pending judicial review to prevent irreparable prejudice
* Procedural – effect of respondent abandoning counter-affidavit at leave stage
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24 October 2025 |
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Termination upheld where partner failed to account for project funds; plaintiff’s claim dismissed.
* Partnership agreement – enforceability and scope of obligations – requirement to account for funds and to retain supporting documentation.
* Contract law – termination – clause permitting termination for material failure to perform any obligation (item 3.11(ii)); refund of disallowed costs does not automatically cure breaches.
* Burden of proof – plaintiff must prove entitlement to relief on balance of probabilities.
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24 October 2025 |
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Administrator failed to show sufficient cause for delayed accounts; court granted a 14-day extension in the interests of justice.
Probate and administration — extension of time to file inventory/accounts — requirements under Section 107 PAEA and Probate Rules — delay must be accounted for; illegality as ground for extension must be apparent on the face of the record — court may grant extension in the interests of justice to prevent perpetual pending of probate matter.
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24 October 2025 |
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Appeal dismissed: no documentary proof of claimed special damages; concurrent findings rightly affirmed.
Civil procedure – second appeal – appellate interference with concurrent findings only for perverse/misapprehended evidence; Evidence – tendering and admission of documentary exhibits; Proof of special damages – strict requirement to plead and prove; Pleadings – typographical errors (slip of the pen) not sufficient to overturn merits without evidence of miscarriage of justice.
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24 October 2025 |
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Accused convicted of infanticide on circumstantial and medical evidence, then granted absolute discharge due to post‑partum instability and mitigation.
* Criminal law – Infanticide (Section 199 Penal Code) – Elements: age under 12 months, unnatural death, wilful causation, mental instability from post‑partum depression. * Evidence – Circumstantial evidence sufficient to establish guilt where medical and conduct evidence are consistent. * Forensic pathology – Cause of death: asphyxia. * Sentencing – Exercise of discretion under Section 38(1) Penal Code to grant absolute discharge.
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24 October 2025 |
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Conviction quashed where prosecution failed to call a material witness and evidence left reasonable doubt.
Criminal law – sexual offences – proof beyond reasonable doubt; variance between charge particulars and evidence; identification evidence; medical corroboration; adverse inference for failure to call material witness.
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24 October 2025 |
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Court ordered respondents to file counter-affidavits and refused to stay proceedings pending revision of interlocutory orders.
* Civil procedure – interlocutory orders – revision and stay – Section 8(2)(d) AJA and Sections 84(2), 88(2), 89(2) CPC: no revision against interlocutory orders.
* Abuse of process – use of appellate/revisional steps to delay proceedings.
* Service by publication and time extension to file counter-affidavits in urgent matters.
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24 October 2025 |
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Failure to prove mandatory 90‑day notice to government/Attorney General renders suit incompetent and leads to plaint being struck out.
* Government Proceedings Act s.6(2) – mandatory 90‑day notice of intention to sue Government – addressed to government minister/department/officer and copy to Attorney General and Solicitor General required. * Proof of service – notice and proof must be disclosed/annexed to pleadings; absence of evidence of proper service renders suit incompetent. * Jurisdiction – non‑compliance with s.6(2) is jurisdictional and fatal to the suit.
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24 October 2025 |
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Suing a respondent personally instead of as administratrix renders proceedings void and the application incompetent.
Probate and administration of estates; capacity to sue – necessity to sue legal representatives in representative capacity; substantive misjoinder of capacity vitiates proceedings; sections 96–97 CPC inapplicable to cure substantive defects at appellate stage; extension of time futile where underlying proceedings are void.
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23 October 2025 |
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Main suit dismissed as time-barred; bank’s counterclaim succeeds and mortgage and guaranties upheld, allowing sale to recover debt.
* Civil procedure – locus to sue – representative capacity requires pleading and production of letters of administration; failure is fatal. * Limitation – accrual of action for cancellation/rescission under Limitation Act s.6(1) – suit challenging loan/mortgage dismissed as time-barred. * Evidence – allegations of forgery/criminality in civil suit require higher standard of proof. * Security enforcement – duly registered mortgage under power of attorney is enforceable; bank entitled to sell security to recover loan. * Contract – guarantors’ liability co-extensive with principal debtor under Law of Contract Act s.80. |
23 October 2025 |
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A taxation application filed beyond 60 days is invalid; limitation runs from delivery to the party, not certification.
* Advocates Remuneration Order — Bill of Costs — 60‑day filing period — commencement: delivery to party after request, not date of certification; * Law of Limitation Act s19 — exclusion applies only where record proves request and supply/delivery of judgment/decree; * Taxation procedure — filing out of time renders taxation proceedings null for want of jurisdiction.
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23 October 2025 |
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Failure to have a child witness promise to tell the truth vitiated her evidence, prompting quashing and a retrial.
Evidence – Child witness – Mandatory promise to tell the truth (s.127(2) Evidence Act) – Non‑compliance vitiates testimony; Conviction unsafe where prosecution hinges on such testimony; Retrial ordered in interests of justice.
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22 October 2025 |
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Acquittal upheld where inconsistencies, delayed reporting and inconclusive medical evidence created reasonable doubt.
* Criminal law – Rape of a child – credibility of child complainant; delay in reporting; inconsistencies in testimony.
* Evidentiary value of medical examination – absence of hymen and absence of sperm not conclusive proof of penile penetration.
* Standard of proof – reasonable doubt arising from contradictions, practical impossibilities, and corroborative defence evidence.
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22 October 2025 |
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Appellant’s evidence of preparedness and miscommunication constituted good cause; dismissal and ex parte orders set aside and matter restored for hearing.
Civil procedure – Small Claims – setting aside dismissal and ex parte judgments – "good cause" – mere presence in court premises does not equal appearance, but affidavits showing preparedness and communication may establish good cause – appellate review of discretionary exercise.
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22 October 2025 |
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Incomplete trial record prevented appellate determination; conviction quashed and retrial de novo ordered in the interests of justice.
* Criminal procedure – incomplete trial record on appeal – missing testimonies preventing appellate determination.
* Evidence – visual identification – reliability challenged but appeal not determinable due to defective record.
* Retrial de novo – appropriate remedy in the interest of justice where record is insufficient.
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22 October 2025 |
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Conviction on an ambiguous plea of guilty was quashed and a retrial ordered.
Criminal procedure — Plea of guilty — Requirement for prosecution to state facts constituting the offence and for accused to explain — Unequivocal plea; ambiguous or imperfect plea; conviction quashed; retrial ordered.
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22 October 2025 |
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General, unspecified objections to a bill of costs do not justify setting aside a Taxing Master's ruling.
Advocates (Remuneration) Order GN. No. 263/2015 — Order 55 requirements for bills of costs; Order 7(1)-(2) — power to call for taxation rulings; Taxation review standard — Asea Brown Boveri: interfere only where wrong principle or manifestly excessive/inadequate; need for specific, particularized grounds of challenge; submissions are not evidence; dismissal for unmeritorious, delay-seeking references.
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22 October 2025 |
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Delay in presenting accused to court without prejudice does not vitiate conviction; armed robbery proven by credible ID.
* Criminal law – armed robbery – elements: theft, use/threat of offensive weapon, force directed at person – proof required. * Criminal procedure – detention – requirement to bring arrested person before court within 24 hours (s.33(1) CPA) – delay may be procedural irregularity but does not automatically vitiate conviction absent prejudice. * Evidence – visual identification – applicability of Waziri guidelines; reliability where good lighting and opportunity to observe. * Evidence – contradictions and inconsistencies – minor peripheral discrepancies do not necessarily destroy prosecution case.
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22 October 2025 |