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Citation
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Judgment date
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| December 2022 |
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Court restrained the respondent from implementing its communique or effecting the merger pending determination of leave.
Judicial review — interim injunction pending leave — Law Reform Act Cap.310 and GN. No.324/2014 (Rule 5(6)) — preservation of status quo — oral chamber application permissible (Order XLIII r.2 CPC) — Atilio v. Mbowe principles not prerequisite for interim relief.
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30 December 2022 |
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Applicants showed a prima facie dispute but failed to prove irreparable harm or favourable balance of convenience for injunctions.
Civil procedure — Interim injunctions — Principles: prima facie case, irreparable harm, balance of convenience; Corporate governance — validity of internal constitutional amendments and powers of NEC; Relief sought — suspension of leadership, restraint of asset disposal, ordering of Extra Ordinary General Meeting.
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28 December 2022 |
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Applicant charged with high‑value economic offences granted bail subject to substantial security and strict conditions.
* Criminal procedure – Bail – Economic and Organized Crime Control Act, Cap. 200 – Sections 36(4) and 36(5) – Bailability of economic offences; * High‑value economic offences – security quantification and stringent conditions for bail; * Conditions – cash or title deed security, sureties, surrender of travel documents, mandatory attendance; * Unopposed bail application – court’s discretion to grant with enhanced safeguards.
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27 December 2022 |
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Warrantless search (non-emergency) breached safeguards; conviction quashed and sentence set aside.
Criminal procedure – Search and seizure – Requirement of search warrant under s.38(1) Criminal Procedure Act and Police General Orders No.226 – Emergency exception – Protection of constitutional right to dignity and privacy – Unlawful search vitiates conviction.
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23 December 2022 |
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Applicant’s appeal against grievous harm conviction dismissed; prosecution proved unlawful act and identity beyond reasonable doubt.
Criminal law – Grievous harm – Elements: unlawful act and identity – Production of weapon not essential; cautioned statement admissibility requires specific legal objection; PF3 admissible without maker’s testimony; credibility and corroboration determine sufficiency of evidence.
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23 December 2022 |
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An uncontested petition (published with no caveat) warrants appointment of an administrator and issuance of letters of administration.
* Probate law – Intestate estate – petition for letters of administration – publication and absence of caveat renders petition non-contentious – appointment of administrator – directions for inventory and hearing.
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23 December 2022 |
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Applicant appointed administrator of an uncontested intestate estate; letters to issue, inventory due, hearing scheduled.
* Probate and Administration – intestate estate – appointment of administrator after publication where no caveat filed – petition deemed non-contentious.
* Issuance of letters of administration – court may grant letters where petition unopposed.
* Procedural requirements – publication in newspaper and Government Gazette; inventory filing deadline; scheduling of hearing.
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23 December 2022 |
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The appellant's statutory rape conviction upheld: unchallenged victim testimony, medical evidence and confession proved penetration and age.
Criminal law – Statutory rape (s.130 Penal Code) – proof of age and penetration – consent immaterial if victim under 18 – minor variance in age inconsequential – victim’s unchallenged testimony corroborated by medical evidence and confession – absence of alarm or bruises not fatal to prosecution.
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23 December 2022 |
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Court granted interim status quo restraining seizure or sale of vehicles pending determination of the main suit.
Interim relief – Maintenance of status quo – Preservation of assets subject of pending suit – Third-party agent engaged after suit – Abuse of process and delay not shown – Balance of convenience and potential prejudice.
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23 December 2022 |
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Primary courts have exclusive power to execute judgments by attaching bank accounts; district court’s execution without jurisdiction is void.
Magistrates Courts (Civil Procedure in Primary Courts) Rules – Rule 56 – Execution of money awards – Attachment of bank accounts – Jurisdiction of Primary Court vs District Court; Misapplication of Rule 56; Attachment procedure — Primary Court to inform bank directly; Proceedings without jurisdiction are nullities.
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21 December 2022 |
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Appeal dismissed: search lawful, chain of custody and exhibits properly admitted, conviction and 30-year sentence upheld.
Criminal law — narcotics trafficking — emergency (warrantless) searches under Criminal Procedure Act — chain of custody for physical exhibits — admissibility of documents and statements under section 34B Evidence Act — sufficiency of chargesheet — sentencing jurisdiction under Drugs Control and Enforcement Act.
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21 December 2022 |
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21 December 2022 |
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21 December 2022 |
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Driver found negligent, owner failed to insure vehicle; special damages rejected for lack of proof, general damages awarded.
Tort — Road traffic accident — Causation and negligence established; Criminal conviction admissible in civil proceedings (s.43A Evidence Act); Motor Vehicle (Insurance) Act s.4 — owner’s duty to insure; Special damages must be specifically pleaded and strictly proved (pro forma invoices insufficient); General damages for loss of child — award of Tshs. 300,000,000.
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20 December 2022 |
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Failure to decide framed issues and to hear parties on new issues renders a trial judgment null and warrants quashing and remittance.
Civil procedure – framing and determination of issues – Order XIV rule 1 and 5(1) CPC; court may amend/frame issues before decree but must place new issues on record and give parties opportunity to be heard; failure to decide framed issues or to hear parties on newly raised issues renders judgment defective and a nullity – remedy: quash and remit.
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19 December 2022 |
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Adoption granted where fosterage approval and social welfare report establish the child’s best interests.
Adoption law – Law of the Child Act – fosterage approval by Commissioner – social welfare report and Guardian ad litem assessment – best interests of the child – change of name – service on Registrar of Births and Deaths.
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19 December 2022 |
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Illegality apparent on the face of the record can justify extension of time to file an appeal.
* Criminal procedure – extension of time to appeal – section 361(2) CPA – illegality as sufficient cause for extension where apparent on face of record.
* Plea procedure – obligations when accepting a guilty plea – requirement to explain elements of the offence (s.228 CPA) and to record admissions.
* Civil procedure principle – Lyamuya/Valambhia authorities on when alleged illegality warrants enlargement of time.
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19 December 2022 |
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District Court lacked jurisdiction under Rule 56 to execute Primary Court attachment of a bank account; Primary Court must implement its own order.
Magistrates' Courts (Civil Procedure in Primary Courts) Rules, Rule 56 — Execution of Primary Court monetary awards — bank accounts are attachable property within Primary Court jurisdiction; transfer to District Court allowed only for company shares or partnership interests; District Court actions without jurisdiction are nullities.
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16 December 2022 |
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A third party claiming interest in attached property must file objection proceedings in the executing court, not seek revision here.
Civil procedure – Execution – Third party claiming interest in attached property – Remedy by objection proceedings (Order XXI rr.57–59) – Executing court’s exclusive jurisdiction under s.38(1) Civil Procedure Code – Incompetence of revision by non-party.
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16 December 2022 |
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Executing court erred ordering sale where binding sale agreement barred transfer for 25 years; court ordered compensation pending expiry.
Revision — limits of revisionary jurisdiction; pleadings and affidavit — submissions cannot introduce new grounds or evidence; Matrimonial property — executing court cannot order sale contrary to binding sale agreement; Contract clause prohibiting transfer for 25 years enforceable; Remedy — compensation in lieu of immediate sale pending restriction's expiry.
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16 December 2022 |
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A fatally defective power of attorney and wrong forum rendered the trial proceedings a nullity; appeal dismissed for want of jurisdiction.
Civil procedure – locus standi – validity of power of attorney – defective authority bearing inconsistent donor names – jurisdictional defect; Pecuniary jurisdiction – forum non conveniens within magistrates’ court tiers – claim within primary court limits; Proceedings ex parte – cannot cure lack of jurisdiction.
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16 December 2022 |
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Applicant failed to show sufficient cause for extension of time; inconsistent affidavit was expunged and application dismissed.
Extension of time – sufficient cause – need for prompt, particularised explanation for delay; inconsistency between affidavit and submissions undermines evidential weight; probate/family matter – no costs order.
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15 December 2022 |
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Court ordered civil committal of director for failure to satisfy decretal payment unless full sum paid within 14 days.
Execution — Order XXI Rule 35 CPC — Committal to civil prison for non-payment of decretal sum; discretionary, subject to conditions; director's personal guarantee; failure to pay and dishonest conduct justify committal; decree holder to pay prison subsistence; imprisonment not a discharge of debt.
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15 December 2022 |
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Applicants charged with high-value economic offences granted bail subject to substantial security, sureties, attendance, and passport-surrender conditions.
Economic offences – unlawful dealing/possession of government trophies – bail – High Court jurisdiction where subject matter exceeds committal court pecuniary cap – Section 36(4) and (5) of the Economic and Organized Crime Control Act – stringent security (half the value), sureties, passport surrender, mandatory attendance, verification of bonds.
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15 December 2022 |
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Extension of time granted where apparent illegality arose from an interested spouse not being heard in ex-parte estate proceedings.
Extension of time – Revision – Alleged illegality apparent on face of record where an interested spouse was not heard in ex-parte estate management proceedings – Lyamuya principle applied – sufficient cause established.
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15 December 2022 |
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Court struck out suit for lack of pecuniary jurisdiction and ordered plaintiff to pay half of defendant’s costs.
Civil procedure — Preliminary objection on pecuniary jurisdiction — Suit struck out for want of jurisdiction — Concession to objection — Costs discretionary under s.30 CPC — Costs ordered to be paid in part by conceding party.
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15 December 2022 |
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Extension of time granted where forfeiture was ordered without service, denying the applicant a hearing.
Criminal procedure – extension of time to appeal – when apparent illegality on face of record (denial of hearing for lack of service) constitutes sufficient cause; Affidavit evidence – exclusion/expunging of inconsequential hearsay (Phantom Morden); Application of Lyamuya test for extension of time.
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14 December 2022 |
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Extension to file bill of costs granted; appeal period excused the delay and applicant acted with due diligence.
* Limitation of actions – extension of time – section 14(1) Law of Limitation Act – requirement of reasonable or sufficient cause and due diligence.
* Effect of notice of appeal – pendency of appeal suspends lower court's determination of bill of costs (Aero Helicopter).
* Advocates Remuneration Order, 2015 – rule 4: bill of costs to be filed within 60 days from order awarding costs.
* Subsequent review application by respondent does not automatically bar extension if applicant acted promptly after appeal determination.
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14 December 2022 |
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Second appeal allowed: conviction quashed for lack of proof of damage and value; no costs awarded.
Criminal law – Malicious damage to property – Removal of sand sacks – Whether removal without proof of damage constitutes offence under section 326; Evidence – burden to prove damage and value beyond reasonable doubt; Criminal appeals – competency of new grounds on second appeal; Civil remedies/orders (Ward Tribunal) relied on as justification for act; Costs – awarding costs in criminal proceedings.
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14 December 2022 |
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Section 19(2) of the Law of Limitation Act automatically excludes time to obtain judgment copies; appeal held within time.
Limitation law – Law of Limitation Act, s.19(2) and (3) – exclusion of time spent obtaining certified copies of judgment and decree – exclusion applies automatically when computing time to appeal.
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14 December 2022 |
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Plaintiff failed to prove contractual breach due to absence of settlement documentation; suit dismissed.
* Contract law – existence and validity of written Project Service Contract; payment schedule and conditions. * Evidence – civil burden of proof (Evidence Act ss.110–112); requirement to tender contract settlement documents to prove entitlement. * Contract performance – acceptance certificate, project settlement book and warranty conditions as prerequisites for final payments.
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14 December 2022 |
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A 12‑year delay to reopen a finally decided land dispute constituted an abuse of process and was dismissed.
Civil procedure — extension of time — delay of 12 years — application held frivolous, vexatious and an abuse of court process; res judicata and finality of judgment bar re‑litigation.
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13 December 2022 |
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Court granted letters of administration after finding the petition met statutory requirements and faced no objections.
* Probate and administration – Grant of letters of administration – Application under section 56 of the Probate and Administration of Estates Act.
* Procedure – Publication of general citation and effect of absence of caveat or objection.
* Probate practice – Application to dispense with administrator’s bond and sureties under section 67 and rule 67(1).
* Post-appointment duties – Filing inventory and final account within prescribed timeframes.
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13 December 2022 |
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Appeal allowed: judgment quashed for deciding unframed issues without affording parties a hearing; matter remitted for retrial.
Civil procedure — Issue framing (Order XIV CPC) — Court must frame issues on material propositions in dispute — Amendment/frame of additional issues (Order XIV r.5) requires parties be heard — Failure to frame/amend issues or to hear parties may vitiate judgment and occasion retrial; Limitation — time to appeal runs from supply of judgment copies (Law of Limitation Act s.19(2)).
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13 December 2022 |
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Adoption granted where social welfare report found petitioner suitable and adoption in child's best interests.
Adoption — Law of the Child Act — suitability of adoptive parent — best interests of the child — social welfare investigation and recommendation — change of name and registration.
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12 December 2022 |
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Applicant’s documented illness justified setting aside dismissal and restoring the suit; parties to bear own costs.
* Civil procedure – setting aside dismissal orders – requirement of good and justifiable reason; * Evidence – documentary proof of illness (medical chit) as justification for non-appearance; * Burden – respondent’s duty to rebut documentary evidence; * Relief – restoration of suit and costs order (each party to bear own costs).
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12 December 2022 |
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Variance between the charge particulars and evidence required amendment; failure to amend was fatal, so conviction was quashed.
Criminal law – Charge particulars – Variance between charge and evidence (stolen property and mode of violence) – Requirement to amend under s.234(1) CPA – Failure to amend fatal and renders offence unproved.
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12 December 2022 |
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Whether omission of an alternative plot number in the decree was a clerical error correctable under section 96 CPC.
Civil procedure – section 96 CPC – correction of clerical or arithmetical mistakes or accidental slips – limitation of s.96 to clerical errors; Order XX r.6 CPC – decree must agree with judgment and specify reliefs; correction versus amendment/review; Jewels & Antiques authority on "at any time" filing.
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8 December 2022 |
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Respondent’s failure to pay court‑ordered deposit waived defence, allowing summary judgment for unpaid pension contributions.
Summary judgment – Order XXXV Rule 2 CPC – conditional leave to defend subject to deposit – non‑compliance amounts to waiver of defence – unpaid statutory pension contributions and penalties – proof of partial payment required – interest and costs awarded.
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8 December 2022 |
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Extension of time to appeal dismissed for failure to account for delay and for improperly pleaded allegation of illegality.
Civil procedure – extension of time to file appeal – discretionary relief – requirements to account for all delay, show diligence and absence of inordinate delay – illegality of impugned decision may justify extension but must be pleaded and supported in affidavit; submissions alone insufficient.
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8 December 2022 |
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Insurable interest and indemnity must be proved when transfer is incomplete; unstamped sale agreements are inadmissible unless duty paid.
Insurance law – insurable interest and indemnity – requirement to prove insurable interest at time of loss; Evidence – admissibility of stamped documents – unstamped instruments chargeable with stamp duty inadmissible unless duty paid or party given opportunity to pay; Civil procedure – effect of failure to object at trial – documents admitted without objection may be relied upon; Motor vehicle transfer – legal transfer deemed complete only upon endorsement or delivery per statute.
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8 December 2022 |
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Prosecution proved trafficking by credible oral evidence, unrepudiated confession, forensic analysis and sufficient chain of custody.
* Criminal law – Narcotic drugs – Trafficking – Proof beyond reasonable doubt; corroboration by direct witnesses and forensic laboratory report. * Evidence – Chain of custody – Oral account may suffice where documentation is missing if integrity of exhibits is not impeached. * Evidence – Cautioned statement – Admissibility and probative value where unrepudiated. * Statutory burden – s.28 DCEA – accused must prove authorization or conscionable possession.
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8 December 2022 |
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Court struck out the applicant's suit for failing to plead pecuniary jurisdiction; labour objection was overruled.
* Civil procedure — preliminary objections — limits of preliminary determination where factual issues arise.
* Jurisdiction — labour vs tort — tortious claims arising from third-party report to foreign authorities not necessarily labour matters.
* Territorial jurisdiction — s.17/18 CPC — 'wrong done' includes place where consequences are felt but factual determination required.
* Pecuniary jurisdiction — Order VII r.1(f) & (i) CPC — plaintiff must state value and nature of claim (specific v general) in jurisdiction paragraph; failure to do so may oust High Court jurisdiction.
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8 December 2022 |
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A defective charge, improperly admitted exhibits and material variances in evidence vitiated the prosecution, so convictions were quashed.
Criminal procedure – defective charge – necessity to frame charge with correct statutory reference and particulars; Criminal procedure – amendment of charge under section 234 CPA; Evidence – clearance/admission/read-out of documentary exhibits; Evidence – variances between charge particulars and prosecution evidence (owner, quantity, value) vitiating proof beyond reasonable doubt; Remedy – quashing of conviction and setting aside sentence and compensation.
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6 December 2022 |
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An unsigned trial court judgment violates section 312 CPA, rendering the appeal incompetent and prompting quash and remittal.
* Criminal procedure – Judgment formalities – Section 312 CPA – requirement for presiding magistrate’s signature – unsigned judgment not a judgment in law. * Appeal competence – absence of valid trial court judgment renders appeal incompetent. * Remedy – striking out appeal; quashing and nullifying judgment, conviction and sentence; remittal for proper judgment composition. * Revisionary powers – High Court may nullify and remit where trial court judgment defective.
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6 December 2022 |
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Applicant failed to show sufficient cause or requisite evidence for extension of time to appeal; application dismissed with costs.
Extension of time – section 11(1) AJA – applicant must show sufficient cause and account for each day of delay; alleged illegality must be apparent on the record and of sufficient importance (Lyamuya test); evidentiary proof required (court proceedings, affidavit from Registrar, convincing medical proof).
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5 December 2022 |
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Where the appellant’s claim required resolving land ownership, the Magistrate’s Court lacked jurisdiction and the proceedings were nullified.
* Jurisdiction – Magistrates’ Courts have no civil jurisdiction over matters related to land when ownership is disputed – Land Disputes Courts Act (DLCA) vests such jurisdiction in land tribunals. * Tort – trespass by cattle actionable, but adjudication requiring determination of land ownership must be heard by competent land forum. * Proceedings by a court lacking jurisdiction are nullities; appellate court may nullify, quash and set aside and strike out appeals arising from such proceedings.
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2 December 2022 |
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Stay of execution dismissed as overtaken by events after the related extension application had already been determined.
Stay of execution – application pending extension of time to set aside ex‑parte judgment – mootness/overtaken by events where underlying application already determined – reliance on publicly accessible judicial records (TanzLII) to ascertain status of proceedings.
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2 December 2022 |
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Primary Court lacked jurisdiction over estate as deceased professed Christianity; proceedings quashed.
Probate jurisdiction – Primary Court limited to customary or Islamic law – Applicable law determined by deceased’s mode of life at death – Statutory probate matters beyond Primary Court jurisdiction – Lack of jurisdiction renders proceedings null and void.
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2 December 2022 |
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Court convicted eleven accused of conspiracy and murder based on identification, confessions, ballistic and CCTV evidence.
Criminal law – conspiracy to murder and murder – visual identification and identification parade – cautioned/confessional statements and trial-within-trial – corroboration by ballistic expert report – CCTV/electronic evidence – recovery and admissibility of exhibits – forfeiture and destruction of instruments of crime.
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2 December 2022 |