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42 judgments found.
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December 2013
An application for leave to appeal filed under the Limitation Act was incompetent and struck out as time-barred.
Appellate practice — Appellate procedure — Leave to appeal to Court of Appeal — procedural preconditions and correct statutory basis required
Civil procedure — Competence of applications — application founded on wrong or inapplicable statutory provision is incompetent and liable to be struck out
Limitation law — Limitation — does not apply to applications for leave to appeal or to file a notice of appeal to the Court of Appeal where s.43(b) disapplies it
27 December 2013
The counter-claimant was defamed and unlawfully detained; awarded general damages but punitive damages denied.
Human rights — Damages
— Award of Tshs. 25,000,000/= and costs
— general damages awarded, punitive damages require exceptional circumstances
Human rights — False imprisonment/unlawful detention
23 December 2013
The plaintiff awarded damages for malicious prosecution after the defendant instigated baseless criminal proceedings.
Civil procedure — Remedies
— general damages for reputational harm, mental suffering, loss of liberty and business loss
— interest and costs
Tort — Civil torts — malicious prosecution — Whether defendant’s initiation of criminal proceedings through bank investigators amounted to malice and lack of reasonable and probable cause
13 December 2013
The applicant (tenant) has no automatic right of first refusal; injunction denied where damages are adequate.
Civil procedure
— Interlocutory injunctions — three-part test (serious question, irreparable harm, balance of convenience)
— remedy — where damages are adequate (American Cyanamid principle), injunction will usually be refused
Land law — Property/tenancy — no automatic right of first refusal for sitting tenants absent contractual provision
11 December 2013
Amendment to add specific damages is not an abuse of process and may be allowed where it does not change the cause of action.
Civil procedure — amendment of plaint — Whether amendment to add specific damages is abuse of process — Does not change cause of action or cause surprise
— Amendment permitted
— analogy to amendments converting specific performance claim to damages (Indian authority)
4 December 2013
The bank fraudulently misrepresented valuation inducing the plaintiff to overpay; receivers acted as the bank's agents.
Land law
— Fraudulent misrepresentation by concealing valuation and pressuring buyer
— remedies: refund, general damages and interest
3 December 2013
Omission to annex a company's board resolution to the plaint is procedural and may be cured by later production with the court's leave.
Civil procedure — Late production of documents — Whether documents required to accompany the plaint may be produced later with leave under O VII r.18(1) CPC — O VII r.18(1) Civil Procedure Code
Company law — authority to sue — requirement and pleading of board resolution — Omission to annex not fatal if subsequently produced with leave
2 December 2013
November 2013
Ex parte judgment set aside where trial court's contradictory orders and failure to consider traffic congestion justified rehearing.
Civil procedure
— Ex parte judgment — Setting aside — Procedural inconsistency where court ordered ex parte hearing but directed issuing summons
— Failure to appear — Reasonable excuse — Traffic congestion/presidential motorcade as relevant consideration
26 November 2013
Properly conducted identification parades and sufficient eyewitness evidence upheld armed robbery convictions; confession not dispositive.
Civil procedure — Appeal — whether alleged procedural defects and non-production of certain witnesses vitiate conviction
Criminal law — Armed robbery — sufficiency of evidence — eyewitness identification and identification parades — reliability where witnesses had prior opportunity to observe the accused
Criminal procedure
— confession/caution statement — voluntariness inquiry and effect of excluding a retracted statement
— identification parade procedure and discrepancies in parade dates — effect on admissibility and weight
20 November 2013
Armed robbery conviction substituted to burglary where no evidence of weapon; sentence reduced to fifteen years.
Criminal law
— Armed robbery versus burglary — Requirement of proof of weapon for armed robbery — No evidence of a panga
— nocturnal forcible entry and demand for money constituted burglary — Appeal substitution of conviction and reduction of sentence
18 November 2013
Spouse as co-owner may challenge mortgage of matrimonial home without consent; preliminary objections overruled.
Civil procedure — Cause of action
— challenge to mortgage of matrimonial home without spouse’s consent
— locus standi of spouse/co-owner to sue despite title in spouse’s name
Civil procedure — Pleadings
— declaratory relief permitted
— statutory protection of matrimonial home
— VII r.1(f) jurisdictional averments need not be in strict chronological order
Civil procedure — Preliminary objections
12 November 2013
11 November 2013
September 2013
General, evasive denials in a written statement can constitute constructive admissions warranting judgment on admission.
Civil procedure — judgment on admission — discretion where WSD contains evasive denials — Order XII r 4 and Evidence Act s 60
12 September 2013
Claim for unauthorised bank account withdrawals is not time‑barred; omission of exact date in plaint is not fatal.
Civil procedure — preliminary objection
— fraud/unauthorised bank withdrawals characterised as account claim not simple tort
— limitation: cause of action for an account attracts six‑year limitation
6 September 2013
Suit for specific performance dismissed where seller no longer held title and plaint disclosed no cause of action against purchaser.
Civil procedure
— preliminary objection — Plea of no cause of action where defendant was not party to underlying contract
— Transfer of title — Possession of original certificates relevant to maintainability of specific performance claims
Land law — Specific performance — Suit for specific performance not maintainable where seller has already transferred the property and delivered original title documents to a third party
2 September 2013
The applicant may claim recovery of fixtures and damages despite lease expiry; plaint need only plead facts showing jurisdiction.
Civil procedure
— Pleading requirements — Whether Order VII r.1(f) requires a separate paragraph or factual averments in the plaint
— Res sub judice — Prohibition on parallel proceedings under section 8 Civil Procedure Code
Land law — Cause of action — Whether expiry of lease extinguishes right to recover fixtures and claim damages
2 September 2013
August 2013
Delay excused and extension granted where delay resulted from representation by an unqualified person lacking a practising certificate.
Civil procedure
— extension of time — application under s.93 CPC — delay caused by counsel’s mistake
— general rule that counsel’s inadvertence is not sufficient cause distinguished where representative acted without a practising certificate — unqualified representation cannot be attributed to applicant
23 August 2013
July 2013
High Court has jurisdiction where total claimed damages exceed subordinate courts’ pecuniary limits, despite earlier pre-trial waiver.
Civil procedure — jurisdiction
31 July 2013
Court granted extension to file review of an amended decree due to prior rectification attempts and court directions.
Civil procedure
— defective decree — Delay caused by correction of decree — Effect of functus officio ruling on proper remedy and on reasonableness of delay
— extension of time — Whether sufficient cause exists to extend time to apply for review under s.14(1) Law of Limitation Act Cap.89 R.E.2002 — Delay excused by failed rectification attempts and court direction
18 July 2013
Suit under Order XXI Rule 62 dismissed as premature; plaintiff must first seek relief from the executing court with leave.
Civil procedure — Order XXI rule 57 and rule 62
— objection proceedings and suits following attachment/execution
— premature filing
Civil procedure — remedy — apply to executing court for leave/extension of time
Civil procedure — Res judicata — striking out for delay not a decision on merits
15 July 2013
High Court stayed appeal proceedings after a criminal Notice of Appeal was filed, as such Notices generally institute appeals and affect jurisdiction.
Civil procedure — High court’s residual jurisdiction — matters necessary to perfect appeal
Civil procedure — Interlocutory order vs final judgment
— reserved reasons and competency of appeal
— stay of proceedings pending Court of Appeal determination
Criminal law — Civil v criminal procedure — appeal instituted by memorandum (civil) vs Notice (criminal)
Criminal procedure — Notice of appeal
1 July 2013
June 2013
Alleged illegality in a judgment can constitute sufficient cause to grant extension of time to appeal.
Civil procedure — extension of time — allegation of illegality as sufficient cause — illegality need not be proved at extension stage — duty to enable Court of Appeal to determine point
27 June 2013
Non-disclosure of an information source in an affidavit’s verification clause is not automatically fatal under O. XIX r.3(1).
Civil procedure
— Affidavits — Verification clause and Order XIX r.3(1) — Whether failure to disclose source of information renders affidavit inadmissible
— Preliminary objection — Objection alleging defective affidavit verification — Non-disclosure of source not automatically fatal; disputes resolvable by cross-examination
24 June 2013
Non-joinder of a mortgagor in a mortgage suit affects merits and must be cured by amending pleadings.
Civil procedure
— Joinder of parties — Misjoinder and non-joinder — Requirement to join persons with interest under Order XXXII Rule 1
— Preliminary objections — Misjoinder/non-joinder not fatal — Remedy of amendment rather than dismissal
21 June 2013
May 2013
A substantive EWURA Board decision is appealable to the Fair Competition Tribunal, not subject to High Court prerogative orders.
Administrative law — EWURA decisions
— Distinction between decisions made under delegated authority (subject to Internal Review Committee and appeal to Fair Competition Tribunal) and substantive decisions by the Board
— judicial review inappropriate where statutory appeal available
16 May 2013
A decision of the EWURA Board is appealable to the Fair Competition Tribunal, not by prerogative orders in the High Court.
Administrative law
— exhaustion of internal remedies — Distinction between decisions made under delegated powers (subject to Internal Review Committee) and Board decisions — EWURA Act s27(3) & s29(2)
— Remedies — prerogative orders (certiorari and mandamus) — EWURA Act s29(1)
16 May 2013
Alleged illegality of a judgment does not automatically justify extension of time to seek revision under s.14(1).
Civil procedure — extension of time — does not automatically constitute sufficient cause to enlarge time to apply for revision.* Precedent (Valambhia) distinguished where factual and procedural contexts differ
10 May 2013
Appeal dismissed for want of prosecution after appellant failed to file court‑ordered written submissions.
Civil procedure
— Appeal — Dismissal for want of prosecution — Leave to argue by written submissions
— Costs — No order as to costs where respondent absent
— Dismissal for want of prosecution — non‑compliance with court directions and failure to file ordered written submissions
10 May 2013
Plaintiff's demolition-and-rebuild proposal did not excuse failure to commence agreed rehabilitation; suit dismissed with costs.
Contract law — Lease Agreement — Whether demolition and reconstruction fell within contractual redevelopment — Termination for breach — No entitlement to damages
9 May 2013
April 2013
Court upheld tribunal finding of trespass where appellant’s fence encroached 3.2 feet onto respondent’s land.
Land law — Boundary dispute — Encroachment — Primary Court inspection of locus
29 April 2013
Conviction for rape of a nine-year-old upheld; procedural voir dire lapse immaterial; sentence corrected to mandatory life imprisonment.
Criminal law — non-compliance with s.127 Evidence Act — voir dire
Criminal law — Rape
— admissibility of PF3 tendered by investigator
— sufficiency of child’s evidence and corroboration by medical and family testimony
Criminal law — sentencing — Mandatory life imprisonment
18 April 2013
Applicant granted bail where only mentioned by co-accused and prosecution lacked chemist report and value certificate.
Criminal law — Bail pending trial
15 April 2013
Applicants' failure to file court-ordered written submissions amounted to failure to prosecute; application dismissed with costs.
Civil procedure — application for extension of time dismissed — main application dismissed for want of prosecution — costs awarded
15 April 2013
Noncompliance with an assigned speed track renders the suit improperly before court, but the court may allow rectification under s95.
Civil procedure
— Scheduling orders and speed tracks — expiry does not automatically oust jurisdiction where delay is not party‑caused
— Preliminary objection — Parties may not pre‑empt a preliminary objection by amending pleadings — Order VIIIA r.4
— Discretionary relief — Court may set aside dismissal for want of prosecution where absence is not deliberate and is satisfactorily explained — Section 95 Civil Procedure Code
11 April 2013
March 2013
Challenges to admissibility and medical absence of spermatozoa rejected; totality of evidence proved rape and sentence affirmed.
Criminal law — appellate review
— Conviction and sentence affirmed under s.131 Penal Code
— credibility assessments rest with trial court
Criminal law — Child witness — competency and voir dire under s.127 Evidence Act
Criminal law — Rape — admissibility of evidence — Hearsay
24 March 2013
Ward Tribunal lacked jurisdiction over high-value industrial land; lower tribunals' proceedings and orders were nullified.
Land law — jurisdiction of Ward Tribunals — Pecuniary limits and statutory/geographical competence — Ward Tribunals not competent to determine high-value industrial land disputes in cities/municipalities — Proceedings and orders of tribunals without jurisdiction are nullities
19 March 2013
Conviction quashed where exhibits and caution statements were inadmissible, and evidence and corroboration were insufficient.
Criminal procedure — admissibility — caution statements — non-compliance with s50(1)(a)(b) CPA — expunged
Criminal procedure — Corroboration
— Absconding on bail not proof of guilt
— confessions of co-accused
Criminal procedure — Evidence — admissibility of exhibits — prosecutor not competent to tender
Criminal procedure — Identification — insufficient
Criminal procedure — Preliminary hearing — memorandum of agreed matters per accused
13 March 2013
A suit dismissed under O.XXV r.2(1) must be revived by an application under r.2(2), not by filing a fresh suit.
Civil procedure — Civil procedure code — Order XXV r.2(1) dismissal for failure to furnish security for costs
— costs
— preliminary objection
— Remedy is application
— striking out
11 March 2013
Court upheld conviction where independent daylight eyewitnesses credibly identified the appellant and alibi documents were discredited.
Criminal law — Armed robbery — identification evidence
— alibi
— Credibility of eyewitnesses and admissibility/weight of documentary alibi evidence
— evaluation of documentary proof of hospital admission
1 March 2013
February 2013
Appeal dismissed: night-time visual identification upheld due to prior acquaintance, adequate light and close proximity.
Criminal law — Armed robbery — visual identification — Waziri Amani principles
Criminal procedure — Reading of charge — no requirement to read charge immediately before trial if previously read — No statutory requirement to read the charge twice
Evidence — relatives as witnesses — Failure to challenge alleged kinship at trial limits its weight on appeal
25 February 2013
Preliminary objection overruled: prior petition was not final, plaint signature defect (if any) not fatal, 90‑day notice issue already decided.
Civil procedure — Government proceedings
— doctrine of functus officio bars re-determination
— issue previously decided
Civil procedure — Pleadings
Civil procedure — preliminary objection — res judicata
— prior petition dismissed for want of jurisdiction not a final decision
— res judicata inapplicable
18 February 2013
Court struck an opinionated affidavit paragraph but allowed status‑quo injunctive relief alongside prerogative orders.
Administrative law — Judicial review — Certiorari, prohibition and declaratory relief — Maintenance of status quo ancillary injunctive/conservatory relief
Civil procedure
— Affidavits — Inadmissibility of legal arguments, conclusions or prayers in affidavits (Order XIX r.3(1)) — Order XIX r 3 CPC requires disclosure of basis; offending paragraphs may be struck out
— Preliminary objections — defective affidavit: expungement of argumentative/conclusive paragraph — Effect of striking defective affidavit paragraphs on competence of remaining affidavit
5 February 2013