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Citation
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Judgment date
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| October 2021 |
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A dispute between applicant and respondent over village-allocated land is void if the village council (true owner) isn't joined.
Land law – Village land allocations – Temporary allocations/receipts – No subsisting right of occupancy – Locus standi – Non-joinder of true owner (village council) – Nullity of proceedings.
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29 October 2021 |
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District Court had jurisdiction and conviction was upheld, but vague compensation order was set aside.
Criminal law – Criminal trespass (s.299(a) Penal Code) – jurisdiction of subordinate courts – proof of ownership by prior civil judgment and administrator appointment – alibi notice requirements (s.194 CPA) – compensation orders must be specific and executable.
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29 October 2021 |
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A maintenance order against the appellant as a non‑spouse was a nullity for lack of jurisdiction.
Child law — maintenance — scope of section 42(2) of the Law of the Child Act; Jurisdiction — requirement that juvenile matters be heard by designated Juvenile Courts (GN. No. 314 of 2016); Law of Marriage Act — inapplicability of ss.115 and 129 where no marriage exists; Procedural nullity — proceedings and orders void for want of jurisdiction; Revisionary powers — High Court quashes and sets aside lower courts' decisions.
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29 October 2021 |
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Bail pending appeal denied where medical evidence was deficient and no exceptional circumstances were shown.
Criminal procedure – Bail pending appeal – Not a right for a convicted person; must show exceptional circumstances, e.g., illness not treatable in custody – Medical evidence must be recent, identifiable and probative – Hardship to dependents alone insufficient.
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29 October 2021 |
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Court held properties registered in one spouse's name can be matrimonial if joint intention or spouse's contributions are proved.
Family law – matrimonial property – rebuttable presumption of ownership for property registered in one spouse's name (s.60 LMA) – contributions and common intention – improvements to pre-marital property – treatment of gifts received during extramarital relationship as matrimonial assets – responsibility for bank loans used for jointly relevant assets.
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28 October 2021 |
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Ex parte proof established defendants’ libelous publications; plaintiff awarded general, exemplary damages, injunction, interest and costs.
Defamation — libel through print and online media — publication, reference and damage — burden of proof in ex parte proceedings — failure to justify defamatory imputations — assessment of special versus general damages — injunction, exemplary damages and interest.
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28 October 2021 |
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Revocation claim failed because the applicant should have lodged a caveat or sued before or after the grant, not rely on section 49(1)(b).
* Probate law – Revocation of grant – Section 49(1)(b) PAEA – requirement to prove grant obtained by concealing something material.
* Probate procedure – Caveat under section 58 and Rule 82 – necessity to object before grant.
* Civil procedure – Lex specialis versus general powers (section 95 CPC) – specific probate rules prevail.
* Remedies after grant – approach administrator for agreement or sue the administrator; revocation not appropriate to obtain inclusion as heir.
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28 October 2021 |
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Petition for letters of administration granted following registered settlement; DNA test and property allocation ordered.
* Probate administration – appointment of administrator on intestacy – petition converted to non‑contentious by registered settlement and withdrawal of caveat.
* Caveat – withdrawal by agreement – court acceptance of recorded settlement terms.
* Family paternity issue – DNA test ordered to determine heirship and possible recognition of child as heir.
* Administration procedure – filing of inventory and subsequent hearing to monitor administration.
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27 October 2021 |
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Variance between charge and evidence (gang rape vs single accused) was curable and conviction upheld on credible victim testimony.
* Criminal law – Rape v. gang rape – variance between charge and evidence; curability under section 388 CPA and requirement of prejudice. * Evidence – Reliance on victim's testimony; section 127(6) Evidence Act allows conviction without corroboration if credible. * Procedure – Improperly admitted cautioned statement and PF3 expunged; non-calling of ancillary witness not fatal. * Criminal procedure – Accused's right to understand charge; prejudice test for defective charge.
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27 October 2021 |
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The appellant's appeal is dismissed; trial court's defamation finding and award for non‑economic harm upheld.
Defamation – proof of publication and injury to reputation; assessment of witness credibility and alibi; jurisdiction – primary courts and common law torts; damages for defamation compensating reputational and psychological harm without proof of economic loss.
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27 October 2021 |
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Applicants granted bail pending trial under the Economic Crimes Act subject to substantial bonds, sureties, travel restrictions and attendance conditions.
* Criminal procedure — Bail pending trial under Economic and Organized Crimes Control Act — eligibility and conditions. * Bail conditions — cash bond or certified immovable property, surrender of travel documents, sureties, regional travel restriction, attendance obligation. * Effect of respondent’s non‑objection on bail determination.
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27 October 2021 |
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Conviction quashed where prosecution failed to prove rape beyond reasonable doubt despite evidence suggesting penetration.
* Criminal law — Rape — Proof of penetration — victim’s non-graphic description may suffice under s.130(4)(a). * Evidence — Assessment of credibility — inconsistencies and unclarified scene may give rise to reasonable doubt. * Criminal procedure — Conviction unsafe where prosecution fails to establish essential elements beyond reasonable doubt.
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27 October 2021 |
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Failure to supply judgment in time is sufficient cause to grant extension of time to appeal when promptly acted upon.
* Civil procedure — Extension of time — Failure by court to supply judgment to a party — Non-supply of judgment constitutes sufficient cause for extension when applicant acts promptly. * Procedure — Unopposed applications — Lack of opposition and adequate explanation supports grant of relief. * Appeal — Accounting for each day of delay — Reasonable time after receipt of judgment.
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27 October 2021 |
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Conviction based on uncorroborated visual identification and failure to summon material witnesses was unsafe.
Criminal law – armed robbery (s.287A Penal Code) – visual identification evidence; caution in identification cases; burden of proof remains on prosecution; failure to call material corroborative witnesses weakens prosecution case; competency of relative witnesses.
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27 October 2021 |
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Where parties only cohabit, domestic contributions alone do not establish entitlement to share property registered in the respondent’s name.
* Family law – Cohabitation (concubinage) v valid marriage – effect on division of property acquired during cohabitation.
* Matrimonial/property division – Requirement to prove actual (monetary) contribution where no valid marriage exists.
* Evidence – Registered title and pre-cohabitation acquisition as a basis to resist claim to property.
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26 October 2021 |
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Applicant granted bail under EOCCA subject to a TSh 777,000,000 bond (or property), passport surrender, sureties and travel restrictions.
* Criminal procedure – Bail pending trial under the Economic and Organized Crimes Control Act – application granted under s.36(5)(a) – conditions include cash bond or certified immovable property, passport surrender, two sureties, travel restriction and attendance at trial.
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26 October 2021 |
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26 October 2021 |
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Petitioner appointed administrator with will annexed after named executors renounced and no opposition following publication.
Probate and administration – letters of administration with the will annexed – renunciation by named executors – publication/notice and unopposed petition – appointment of administrator.
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26 October 2021 |
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A petitioner spouse was appointed administrator of an intestate estate after published notice and no caveat was filed.
* Probate and Administration – Grant of letters of administration – Deceased intestate – Petition by surviving spouse – Publication of petition and absence of caveat – Appointment of administrator; requirement to file inventory and attend further hearing.
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25 October 2021 |
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25 October 2021 |
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Petitioner granted letters of administration after publication and absence of caveat; inventory and hearing ordered.
Probate – Letters of administration – Intestate estate – Publication of petition in Gazette and newspaper – Absence of caveat – Grant of administration – Filing of inventory and further hearing directions.
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25 October 2021 |
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An uncontested petition following intestacy granted; petitioner appointed administrator with inventory and return hearing deadlines.
* Probate and administration – intestacy – grant of letters of administration where petition duly cited and unopposed.* Probate procedure – citation by publication and absence of caveat as basis for uncontested grant.* Post-grant directions – requirement to file inventory and attend return hearing.
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25 October 2021 |
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The appellant's conviction was quashed because evidence indicated gang rape while the charge alleged single-person rape.
Criminal law – Charge sheet requirements (s.132 CPA) – Variance between charge and evidence – Gang rape (s.131A Penal Code) – Incurable defect; cannot be cured under s.388 CPA – Right to know charge and fair trial.
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22 October 2021 |
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22 October 2021 |
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Court granted extension to file appeal due to applicant’s chemotherapy-related illness, finding the delay reasonable under Lyamuya.
Extension of time – Law of Limitation Act s14(1) – appeal filing period under Law of Marriage Act s80(2) – Lyamuya principles (accounting for delay, reasonableness, diligence) – medical incapacity (chemotherapy/hospital records) as sufficient cause – ex parte determination.
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22 October 2021 |
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Appellant proved performance and breach; special damages unproven but awarded Tshs.10,000,000 general damages.
* Contract law – breach for non‑payment – proof of performance by tender of contract and licences; failure to cross‑examine implies acceptance. * Civil procedure – parties bound by pleadings; unpleaded defences not entertained. * Evidence – burden and standard for special damages: must be specifically pleaded and strictly proved (s.110 Evidence Act). * Damages – special damages require strict proof; general damages discretionary where breach shown.
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22 October 2021 |
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Applicant’s injunction application struck out as res judicata to earlier dismissed applications.
Civil procedure – Res judicata – application of section 9 CPC to miscellaneous applications; same matter directly and substantially in issue; 'disposition' includes transfer; parties litigating under same title – addition of parties not fatal; preliminary objections preserved despite amendment.
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22 October 2021 |
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Will invalid for improper witnesses and unjustified disinheritance; estate intestate and eldest daughter appointed administrator.
Probate — validity of will — attestation requirements under GN No.436/1963 (third schedule); Disinheritance — insufficiency of education as cogent reason under items 30–31; Intestacy — appointment of administrator under section 33(1) and rules of distribution; Executor under invalid will disqualified from letters of administration.
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21 October 2021 |
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Will invalidated for defective witnessing and unjustified disinheritance; estate declared intestate and administrator appointed.
Probate and Administration — Validity of wills — Attestation requirements under GN No.436/1963 — One clan member and one outsider required for literate testator; Disinheritance — Testator cannot disinherit heirs without cogent reasons (items 30–31 of third schedule); Intestacy — Letters of administration granted to person entitled under rules of distribution; Administrator — preference to entitled adult child over non-entitled petitioner.
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21 October 2021 |
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Letters of administration granted after publication and no caveat; administrator ordered to file inventory and appear for hearing.
* Probate – Letters of administration – Deceased died intestate – Petition published and no caveat filed – Grant of letters and appointment of administrator; filing of inventory and fixation of review hearing.
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21 October 2021 |
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A divorce petition without the Marriage Conciliation Board’s certificate is incompetent and must be struck out; courts must follow statutory referral rules.
Law of Marriage Act s.101 – mandatory referral to Marriage Conciliation Board; Marriage Conciliation Board (Procedure) Rules – powers to summon/transfer; Civil Procedure Code Order XV r.1 – judgment on pleadings subject to statutory requirements; competence of divorce petition; what amounts to ‘extraordinary circumstances’ excusing referral; procedural irregularity—judgment without evidence.
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21 October 2021 |
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Letters of administration granted where deceased died intestate and no caveat was filed; petitioner appointed administrator.
* Probate and administration – intestacy – grant of letters of administration where deceased died intestate and no caveat filed; requirement for publication and filing of inventory; appointment of administrator.
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20 October 2021 |
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20 October 2021 |
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Expert GC-MS analysis and credible eyewitness observation proved trafficking; a late alibi was rejected.
Narcotic drugs – proof by expert chemical analysis (GC-MS) – heroin hydrochloride; Evidence – eyewitness observation and signed observation form; Chain of custody – oral account and packaging corroboration sufficient where consistent; Criminal Procedure – alibi raised late under s.194 may be accorded no weight; Electronic itinerary and prior nolle prosequi not determinative.
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20 October 2021 |
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Heroin confirmed by GC-MS and eyewitness observations established trafficking despite gaps in documentary chain of custody.
* Criminal law – Narcotic drugs – Proof of identity of substance – admissibility and reliability of Government Chemist GC-MS analysis. * Criminal law – Trafficking – proof that accused carried/excreted pellets linking him to exportation. * Evidence – Chain of custody – oral testimony and observation forms may suffice where documentary trail is incomplete. * Evidence – Inconsistencies – minor discrepancies due to lapse of time not fatal to prosecution.
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20 October 2021 |
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Court granted letters of administration to the applicant after published petition received no objections.
* Probate and administration – Grant of letters of administration to spouse of intestate deceased – Petition cited by publication – No objections – Appointment of administrator and directions to file inventory and attend further hearing.
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18 October 2021 |
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High Court retains jurisdiction to hear employment-related tort claims despite specialised Labour Division and CMA jurisdiction.
Jurisdiction — High Court jurisdiction over employment-related tort claims; Labour Division and CMA competence; res judicata and scope of CMA decisions; civil claims under Worker's Compensation Act.
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18 October 2021 |
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Applicant granted letters of administration after intestacy; no caveat filed, inventory due and further hearing scheduled.
Probate and administration – Intestacy – Grant of letters of administration following publication of petition and absence of caveat – Requirement to file inventory and return for hearing.
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18 October 2021 |
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Court granted one-month travel leave to nurse sick father, relying on medical evidence and surety assurances.
Bail — leave to travel abroad — medical emergency — sufficiency of doctor’s report and family correspondence; sureties — personal attendance and explanation of obligations; court’s discretion to grant limited travel permission.
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18 October 2021 |
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Applicant granted bail pending trial under EOCCA subject to cash/property security, passport surrender, two sureties and travel restriction.
Bail — Economic and Organized Crime Control Act (EOCCA) — sections 29(4), 36(1), 36(5) & (6) — bail pending trial — conditions for bail — cash security or certified immovable property title deed — surrender of passport — sureties — travel restriction (Dar es Salaam Region).
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18 October 2021 |
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Applicants charged with trafficking khat valued below TSh10M granted bail due to statutory threshold and prolonged remand.
Criminal law – Bail – Trafficking of khat – Statutory value threshold (TSh 10,000,000) under Drugs Act – Pre-trial detention – Presumption of innocence and equality before the law – Interpretation of s.27(1)(b) – Bail conditions (cash/security, surrender of travel documents, sureties, travel restriction).
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15 October 2021 |
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Applicant charged with possession of high-value wildlife trophies granted bail with substantial deposit, sureties and reporting conditions.
* Economic and Organized Crimes Control Act – sections 29(4)(d), 36(1),(5) – bail pending trial – bailable wildlife offences (possession of 47 elephant tusks) – security by deposit or title deed, bond and sureties; surrender of travel documents; reporting and verification requirements.
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15 October 2021 |
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Unopposed bail application in high-value wildlife offence granted under EOCCA, subject to substantial monetary/asset security and strict conditions.
* Criminal procedure – Bail pending trial – Economic and Organized Crimes Control Act (EOCCA) s.29(4)(d) – High-value wildlife offence (possession of elephant tusks) – Application unopposed – Bail granted.
* Conditions of bail – monetary deposit or immovable property as security, bond, sureties, surrender of travel documents, reporting obligations, jurisdictional restriction, verification by Resident Magistrate.
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15 October 2021 |
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Conviction for impregnating a schoolgirl quashed for lack of proof and absence of DNA/paternity evidence.
Criminal law – impregnating a schoolgirl (Education Act s.35) – proof beyond reasonable doubt; miscarriage/no child – necessity of DNA/paternity testing; misdirection by trial court; conviction unsafe; appeal allowed.
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15 October 2021 |
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Applicant failed to prove sufficient cause to set aside abatement under Order XXII Rule 9(2); application dismissed.
Civil Procedure – Order XXII Rule 9(2) CPC – setting aside abatement – "sufficient cause" requirement; Time computation – Order XXII Rule 3 and Item 16 Part III Law of Limitation Act – 90 days from date of death to apply as legal representative; Evidence – Sections 110 and 111 Evidence Act – burden to exhibit documentary proof (minutes, filing/exchequer receipts); Illegality – must be apparent on face of record/decision to warrant relief; illegality as ground for extension of time, not for Rule 9(2) abatement setting aside.
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15 October 2021 |
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High Court lacks jurisdiction to hear EOCCA bail application where charge sheet omits pecuniary value.
* Criminal procedure – Bail – EOCCA s.29(4)(a),(d) – High Court jurisdiction contingent on pecuniary value of property involved (Tshs 10,000,000 or more). * Charge sheet requirements – absence of ascribed pecuniary value precludes High Court competence to hear bail application.
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15 October 2021 |
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Sickness (including outpatient treatment) can constitute sufficient cause to extend time for filing an appeal.
Extension of time to appeal – sufficient cause – sickness as cause – outpatient treatment admissible evidence – requirement to account for each day of delay – Law of Marriage Act s.80(2) (45-day appeal period).
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13 October 2021 |
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An uncontested, properly published petition with no caveat justifies grant of letters of administration with procedural directions.
* Probate/Administration – Grant of letters of administration where deceased died intestate – petition published and no caveat filed.
* Procedure – Uncontested petition and compliance with publication enabling appointment.
* Post-appointment directions – filing of inventory and scheduling of further hearing.
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13 October 2021 |
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Applicants granted bail subject to mandatory EOCCA conditions, cash/title security, sureties, travel-document surrender, and execution before Deputy Registrar.
* Criminal procedure – Bail in economic offences – Mandatory statutory conditions under section 36(5)(a) EOCCA where actual money/property exceeds TSh 10,000,000.
* Statutory interpretation – "Shall" in EOCCA imposes mandatory preconditions; limited judicial discretion.
* Co-accused – Application of burden-sharing in fixing principal sum for bail where counts relate to same loss/principal.
* Bail conditions – cash bond or immovable property equivalent, sureties, surrender of travel documents, leave-restriction, execution before Deputy Registrar.
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13 October 2021 |
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Court granted letters of administration after published citation and absence of any caveat, appointing the petitioner as administrator.
Probate and administration – Grant of letters of administration where deceased died intestate – Publication in Government Gazette and newspaper for general citation – Absence of caveat — Non‑contentious petition – Directions to file inventory and return for hearing.
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13 October 2021 |