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125 judgments found.
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August 2024
Appeal allowed due to unsafe visual identification and failure to call key police witnesses, conviction quashed.
Appellate practice — concurrent findings of fact — Reluctance of second appellate court to disturb concurrent factual findings
Criminal law — identification evidence — Reliability of visual identification at night
Criminal procedure — failure of prosecution to produce witnesses — Failure to call material witness
30 August 2024
Applicant granted extension to file notice of appeal due to technical delay after an earlier appeal was struck out.
Civil procedure — extension of time
— accounting for delay
— application of Lyamuya principles
— diligence
— substitution of corporate name and effect on appeal competence
— technical delay arising from struck-out appeal
30 August 2024
A memorandum of appeal signed by a Solicitor General’s officer is invalid where formal intervention procedures were not followed.
Representation by Solicitor General; statutory right of Attorney General to intervene; requirement to notify court and demonstrate public interest; competence of memorandum of appeal; signature and authority to sign appeals.
30 August 2024
30 August 2024
Appellant failed to prove breach, forgery, or assessor irregularity; appeal dismissed with costs.
Contract
— Appeal — appellate court will not disturb concurrent findings of fact without miscarriage of justice
— breach and damages — burden of proof on claimant
— Document authenticity — civil court
— Evidence — weight and corroboration of documents (emails, completion certificate)
30 August 2024
Review denied: failure to plead/produce board resolution and legal errors are not grounds for review; appeal or refiling is appropriate.
Civil procedure — Review jurisdiction
— pleading and annexing corporate board resolution
— remedy by appeal versus review
— Review available only for manifest error on the face of the record, fraud, or denial of hearing
30 August 2024
Court ordered security for costs where the plaintiff (donor) was non‑resident and lacked sufficient immovable property in Tanzania.
Civil procedure
— Power of attorney — agent does not assume principal's liabilities — Donee’s appearance does not make the donee the plaintiff for security for costs assessment
— security for costs — Requirements that plaintiff reside out of Tanzania and lack sufficient immovable property — Order XXV Rule 1(1) Civil Procedure Code
30 August 2024
Omission to decide non‑redundant framed issues requires setting aside judgment and remitting the case to the trial court.
Civil procedure — Framing of issues — Duty to decide each issue — Remittal where issues left undecided
Contract law — security services — Existence of contract as determinant of breach-related issues — Contractual liability of security providers
Tort — Vicarious liability — Employer’s liability for employee’s torts committed in course of employment
30 August 2024
Leave to appeal granted where proposed appeal raises novel and important questions under the Arbitration Act.
Arbitration — Res judicata / res sub judice — Whether proceedings under Arbitration Act ss 75 and 83 can be res judicata or res sub judice to one another — Arbitration Act ss 75, 83
Civil procedure
— Abuse of process — Multiplicity of proceedings — Whether a miscellaneous application constitutes abuse of court process
— Leave to appeal — criteria for grant of leave (arguable appeal, public importance, novel point of law) — Appellate Jurisdiction Act s 5(1)(c) and Court of Appeal Rules r 45(a)
30 August 2024
Application to restore dismissed suit was time-barred; electronic submission is not filing until fees are paid.
Civil procedure — Restoration of dismissed suit — Limitation periods: Order VIII r.21(2) (14 days) and Item 4 Part III Law of Limitation (30 days) — Electronic filing: filing complete upon payment of court fees
30 August 2024
30 August 2024
Plaintiff had no direct cause of action against insurer; insurer should have been impleaded via third‑party procedure; trial set aside.
Civil procedure
— Joinder
— third parties not privy — Improper joinder of insurer vitiates proceedings — Revision
30 August 2024
30 August 2024
Circumstantial evidence and evidential contradictions raised reasonable doubt, resulting in acquittal for murder.
Criminal law — Murder — elements: death, unlawfulness, malice aforethought
— conviction on circumstantial evidence requires that facts be incompatible with innocence
— evidential contradictions (motorcycle registration, failure to tender vehicle card) and dying declaration/keys found in accused's residence insufficient to prove guilt beyond reasonable doubt
30 August 2024
Preliminary objections on limitation, survival of tort claims, and board resolution require factual inquiry and were overruled.
Civil procedure — objections requiring factual inquiry or documentary proof are inappropriate at preliminary stage — Whether a preliminary objection can dispose of issues that require factual inquiry
Company law — requirement of board resolution to institute suit — Existence or authority of a board resolution to sue is a factual issue to be proved
Limitation law — accrual of cause of action — Whether the date and characterisation of a claim (tort v subrogation) is a question of fact affecting limitation
30 August 2024
Extension of time granted because judgment was delivered without notice, rendering it potentially illegal despite some unexplained delay.
Civil procedure — Civil procedure code, order XX r.1
— judgment pronounced in absence without notice may be illegal/non-operative
— notice of judgment to parties
Civil procedure — extension of time — application of Lyamuya guidelines to account for delay
Civil procedure — Technical delay
29 August 2024
A company must plead and annex a board resolution authorising litigation; failure renders the suit incompetent and void.
Civil procedure — jurisdiction — Commercial case — Magistrates Courts Act s 40(3)(b)
Companies law — Corporate capacity to sue — Requirement for board resolution authorising commencement of proceedings — Companies Act s 147
29 August 2024
Filing a defence ordinarily submits a party to court jurisdiction; arbitration-clause disputes require stay, not dismissal.
Arbitration — Arbitration clause — stay of proceedings — filing written statement of defence as submission to jurisdiction/waiver of arbitration — remittal for rehearing
29 August 2024
Reference against Taxing Officer’s decision dismissed as time-barred for being filed beyond the 21-day limit.
Civil procedure
— Costs — discretionary refusal to award costs in protracted family litigation
— Taxation — Reference to High Court under Order 7(1) and (2) of Advocates Remuneration Order GN No. 263 of 2015
Limitation law — Limitation — Application/appeal filed out of time
29 August 2024
Summary judgment granted for unpaid water fees where defendant was duly served and failed to seek leave to defend.
Civil procedure
— documentary proof — water permit, demand letters and bills — sufficiency to establish debt
— Order XXXV summary procedure — defendant’s failure to seek leave to defend — allegations deemed admitted
— Reliefs in summary suits — recovery of debt, pre-judgment interest (5% per month) and post-judgment interest (7% p.a.)
— Service of process — proof of service enabling summary judgment
29 August 2024
High Court struck out trade mark suit for lack of pecuniary jurisdiction where plaint omitted the value of the subject matter.
Civil procedure
— Declaratory relief — Objection to jurisdiction — Section 7(2), Civil Procedure Code
— jurisdiction — Pecuniary jurisdiction and requirement to state value of subject matter in the plaint — Section 13, Civil Procedure Code
Intellectual property law — Trade mark infringement — Forum competence — Suit to be instituted in court of lowest grade competent
29 August 2024
Court granted extension to appeal where alleged lack of service and notification of ex parte judgment constituted sufficient cause.
Civil procedure — Extension of time to appeal — discretion exercised upon sufficient cause — alleged illegality (lack of service and failure to notify judgment date) as special circumstance — balancing prejudice and right of appeal
29 August 2024
28 August 2024
Applicants failed to prove police custody; court directed police to investigate their whereabouts under rule 12.
Constitutional law — right to personal liberty (Article 15) — Arrest and detention — Proof of custody required
Criminal procedure
— Arrest and police conduct — Investigation into alleged disappearance — s.10 Criminal Procedure Act, s.5(1) Police Force and Auxiliary Services Act, Police General Orders Order 233
— Habeas corpus — Requirement of proof that respondent has custody of the person — Court power to direct police inquiries and require investigation
28 August 2024
Applicant failed to prove respondent wilfully breached a status‑quo order by registering disputed land; application dismissed with costs.
Civil procedure
— Evidence — submissions are not evidence
— Interim status quo orders — scope and specificity required to impose positive obligations
— Land registration — relevance of Registrar procedures and 30‑day rule in transfer effectiveness
28 August 2024
An appeal is incompetent and will be struck out if the appellant omits parties from the lower court without leave.
Civil procedure
— Appeals — omission of parties without leave renders memorandum of appeal incompetent
— Order XXXIX Rule 1(2) CPC — prohibition of argument in grounds of appeal (raised but not decided)
— Preliminary objections — pure point of law ascertainable from the record
28 August 2024
High Court lacks statutory jurisdiction to review its own criminal decisions; review application dismissed.
Appellate practice — Court of Appeal revisional powers s.4(2) AJA — Rule 66 and supervisory role of Court of Appeal over criminal reviews — Court of Appeal Rules r.66
Constitutional law — High Court jurisdiction — Applicability of Article 108(2) to criminal appellate matters — Jurisdiction must be conferred by statute
Criminal procedure — Review of High Court criminal decisions — Whether High Court may review its own criminal decisions — Absence of statutory conferment of review powers
27 August 2024
Applicant granted 14 days to file notice of appeal after court found unawareness of judgment constituted sufficient cause.
Civil procedure — Application for extension of time to file notice of appeal
— accounting for delay
— alleged illegality not addressed
— applicant unaware of date of judgment delivery
— discretion to grant extension
— probate proceedings, no order as to costs
— technical delay excused
27 August 2024
Court set aside settlement decree due to doubts about authority to sign and alleged misrepresentation.
Civil procedure
— Review — Settlement decree alleged signed without authority/misrepresentation — Order XLII r 1(l)(b)
— Service and representation — Proper service on corporate trustee and authority of signatory to bind entity
— Settlement — Validity of consent — Set aside only for fraud, misrepresentation, undue influence or coercion
27 August 2024
Application to extend time to set aside an ex parte Bill of Costs dismissed for lack of sufficient grounds and conflict with court record.
Limitation law — Limitation
— authenticity and presumptive correctness of court record
— contradiction between affidavit and court record undermines entitlement to discretionary relief
— extension of time to set aside ex parte order
27 August 2024
Failure to defend a summary suit resulted in judgment for unpaid statutory NSSF contributions, penalties, interest, and costs.
Civil procedure — Summary judgment — Allegations in plaint deemed admitted — Order XXXV r.2(2) Civil Procedure Code
Employment law — Employer’s duty to remit statutory social security contributions — Liability for unremitted statutory contributions and penalties — Proof by inspection report and arrears schedule
26 August 2024
Court granted extension to file estate inventory due to delayed resolution of property dispute.}
Civil procedure — extension of time
Civil procedure — Probate & administration
— costs in unopposed probate applications
— duty to file inventory and account
— pending land-tribunal dispute as sufficient cause for delay
26 August 2024
26 August 2024
Appeal struck out for failing to attach the appealed order to the memorandum of appeal under Order XXXIX Rule 1 CPC.
Civil procedure — Appeals — requirement that memorandum of appeal be accompanied by a copy of the impugned decree — Order XXXIX Rule 1, Civil Procedure Code
26 August 2024
26 August 2024
Applicant granted extension to appeal after delay caused by waiting for the trial court’s copy of judgment was excluded.
Criminal procedure — Extension of time to file appeal — Computation of appeal time — Delay not inordinate
26 August 2024
Bank unlawfully debited plaintiff’s account; a third‑party debenture did not justify taking funds credited to the plaintiff.
Banking law
— Bank-customer relationship — Duty to act on customer's instructions — Trustee relationship
— loan facility and security by debenture — Debenture cannot justify appropriation of funds credited to a third party's account
Damages — Interest and costs — Award of compound interest and punitive damages for unlawful withdrawal of customer funds
26 August 2024
Preliminary objections on cause of action and locus standi dismissed because they raise factual issues for trial.
Civil procedure
— Cause of action — alleged unlawful eviction and loss of property — factual issues requiring evidence
— Eviction claims — damages for destruction/theft of property
— Locus standi — incorporation date and name discrepancies — questions of fact
— preliminary objection
26 August 2024
Applicant granted 14‑day extension to set aside dismissal order after showing diligence in obtaining court order copy.
Civil procedure — extension of time — good cause and diligence required
— application of Lyamuya Construction principles
— delay attributable to awaiting copy of court order
26 August 2024
Second appellate court upheld concurrent findings that an oral agreement and written undertaking created appellant’s liability; appeal dismissed.
Appellate practice
— Appeal procedure — Related grounds may be determined jointly when addressing same issue
— Second appeal — Disturbing concurrent findings — Misapprehension of evidence required
Contract law — Contract formation — oral agreement supported by delivery note and transport documents Estoppel — company undertaking (Exh A8) binding against company and estopping denial of liability Agency/representation
23 August 2024
Summary judgment awarded for unpaid pension contributions and penalties after defendant failed to obtain leave to defend.
Civil procedure
— Order XXXV summary procedure — Deemed admission where no leave to defend obtained — Order XXXV r.2(2)
— Pleadings and proof — Effect of dismissal for want of prosecution rendering plaint allegations admitted
Labour law — Social security contributions — Recovery of NSSF contributions and penalties by summary procedure — NSSF Act s 74A(2)
23 August 2024
Whether a company dissolved by amalgamation and licence cancellation has locus standi to prosecute a reference.
Civil procedure
— Locus standi — Capacity of a corporate party post‑amalgamation and licence cancellation — Effect on competence and jurisdiction
— preliminary objection — pure point of law — Requirement that a preliminary objection raise a pure point of law capable of disposing the suit (Mukisa Biscuits test)
Evidence — Affidavit jurat/Notaries and Commissioners for Oaths — Whether affidavit attested by company secretary acting as commissioner for oaths invalidates proceedings under the Notaries Public and Commissioners for Oaths Act
23 August 2024
Court granted adoption under the Law of the Child Act, finding it complies with statutory requirements and serves the child’s welfare.
Family law — Adoption
— Guardian ad litem and social investigation reports — Consent of Commissioner for Social Welfare and registration by Registrar General
— best interests of the child
23 August 2024
The plaintiff's claim was dismissed as time‑barred; verification and incorporation complaints required factual proof.
Civil procedure — Preliminary objections — Verification of pleadings by corporate officer — Order VI r.15(3) and Companies Act s.44
Company law — corporate identity and registration — Alleged fraudulent registration due to minor director — Question of evidence
Limitation law — Limitation — Whether claim time‑barred under Law of Limitation Act s.5 and Item 10 of the Schedule — Exclusion under s.21(1)
23 August 2024
Applicant’s extension to file revision was properly dismissed because closed probate made revision abortive and administrators were functus officio.
Probate law
— closure of probate — administrators file inventory and accounts — administrators functus officio — closed probate precludes revisional proceedings
— Illegality plea — jurisdictional challenge based on deceased’s faith
— Remedy for alleged misappropriation — personal suit against administrators
23 August 2024
Leave for judicial review of an employment termination was dismissed as time‑barred for being filed beyond the six‑month rule.
Judicial review — limitation period — Time limitation for leave to apply — Rule 6 requires leave within six months of the impugned decision
Labour law — termination of employment — Reckoning of limitation period — Date of the impugned administrative decision as pleaded
23 August 2024
23 August 2024
Conviction for sexual abuse quashed where identification and prosecution evidence failed to prove guilt beyond reasonable doubt.
Criminal law — sexual offences — grave sexual abuse
— appellate re‑evaluation of witness credibility and contradictions
— insufficiency of visual identification evidence
— standard of proof beyond reasonable doubt
23 August 2024
23 August 2024
Use of respondents’ images without authorization violated privacy; damages increased to TZS 20,000,000 each for four claimants.
Tort
— Damages — general damages discretionary, increased on appeal
— Privacy tort — proof of defendant’s profit not required to vindicate dignitary harm
23 August 2024