Results.
108 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
September 2024
Preliminary objection under s4(2) BRDEA dismissed; non-public servant may challenge Public Service Act under Article 30(3).
Civil procedure — Preliminary objection on point of law — Point of law versus question of fact — Court may decide issues apparent from the record without adducing further evidence
Constitutional law
— locus standi — Whether any person may institute proceedings under Article 30(3)
— preliminary objections
— sufficiency at preliminary stage
30 September 2024
Victim’s credible testimony and PF3 corroboration sustained convictions of the appellant for rape and sodomy.
Criminal law — sexual offences against a child — Credibility of child complainant and corroboration by parent and medical evidence — Victim credibility and delay in reporting
Criminal procedure — Charge particulars — Date of offence as necessary particular — Material variance between charge sheet and witness testimony
Evidence — Evidential weight of medical (PF3) and witness testimony — Medical report (PF3) and qualification of clinical officer
— Corroboration and admissibility
— qualification
30 September 2024
Unexplained delay in arraignment undermined the prosecution’s case despite a credible child complainant.
Criminal law — sexual offences against a child — reliance on victim’s testimony and medical (PF3) corroboration — Proof of rape: penetration and lack of consent supported by direct testimony and medical evidence
Criminal procedure — Delay in arraignment — unexplained detention undermining prosecution
Evidence — admissibility of cautioned statement — tendered and admitted without objection
30 September 2024
Applicant granted power to sue but denied sole control of property; awarded half the rental income.
Civil procedure — Representative suits — leave to sue on behalf of others — Court may confer litigation authority to protect the interests of a person of unsound mind
Probate law — Mental Health Act/estate management — Authority to lease, collect rent and control property — Court may limit or refuse sole control where trust concerns and family arrangements exist — Mental Health Act ss 22,24,25
30 September 2024
1st accused convicted of murder on credible visual ID and medical evidence; 2nd acquitted for unreliable identification.
Criminal law — Murder — Proof of death and causation
Criminal law — visual identification and identification parade
— defective prior description may render parade identification unreliable
— malice aforethought
— requirements and credibility
30 September 2024
Appeal allowed: conviction quashed where prosecution evidence was doubtful and the accused was denied a fair trial by prosecution-led examination.
Criminal law — sexual offences against a child — Statutory rape — Proper charging and effect of incorrect citation
Criminal procedure — fair trial — prosecution conducting accused’s examination constituted denial of fair hearing
Evidence — Witness credibility — material contradictions and inconsistencies may create reasonable doubt and defeat prosecution case
30 September 2024
Court upheld convictions, finding recognition identification reliable despite hearsay, absent exhibits, and minor inconsistencies.
Criminal law
— hearsay — weight of complainant’s hearsay vs direct witness evidence
— proof beyond reasonable doubt — materiality of inconsistencies in witness statements
— Visual identification — Recognition evidence and adequacy of description
30 September 2024
Court granted extension of time to appeal, finding alleged illegality a sufficient ground despite imperfect explanation of delay.
Civil procedure — extension of time — sufficient cause — technical delay and allegation of illegality — illegality as a ground for extension
30 September 2024
Court entered summary judgment against the defendant for unpaid social security contributions, penalties, interest and costs.
Civil procedure — Summary judgment — Order XXXV CPC — Default to apply for leave to defend
30 September 2024
Applicant granted leave to defend; court found triable issues on levy computation and TIN assessment despite misconceived statutory exemption.
Civil procedure — Leave to defend summary suit — Triable issues
Tax law
— Assessment — Whether shared Tax Identification Number permits separate individual levy assessments
— Service levy — Scope of s.22(2)(b) Local Government Finance Act — Exemption applies to rates on immovable property, not service levy
30 September 2024
Unlinked omnibus prayers combining review of this court and subordinate proceedings render the application incompetent.
Civil procedure — omnibus prayers — permissibility tests (interlinked/interdependent; same court; same provision; same timelines)
Civil procedure — Review
— Application struck out as incompetent
— higher court cannot review subordinate court proceedings
30 September 2024
27 September 2024
Conviction based on an equivocal guilty plea lacking facts disclosing the elements of child rape was quashed and remitted.
Criminal law — Plea of guilty — Unequivocal plea requirements — Serious offences
— conviction quashed and matter remitted for trial de novo
— Equivocal plea vitiates conviction
27 September 2024
Court overruled res sub judice preliminary objection after finding no pending prior suit; costs reserved.
Civil procedure — preliminary objection — res sub judice
27 September 2024
Undisclosed‑source affidavits do not constitute good cause to set aside an ex parte order; appeal dismissed with costs.
Civil procedure
— exercise of judicial discretion — interference on reference only where misdirection, failure to consider relevant matters, consideration of irrelevant matters, or plainly wrong decision — Discretion must be exercised judicially (Lyamuya principles)
— setting aside ex parte orders — sufficient cause for non-appearance — Affidavits on information must disclose source
27 September 2024
Court ordered conditional committal for non‑payment of decree, rejecting defence based on third‑party settlement and deposited security.
Civil procedure — Execution by arrest and detention
27 September 2024
Appeal over unpaid subcontract: proof of breach, weight of payment receipts, limitation and reduction of damages.
Contract law — Sub-contract — Breach for non‑payment where contractor failed to pay subcontractor for completed and additional instructed work
Evidence — Burden of proof — alleged improper shifting of burden and sufficiency of evidence to prove contract terms
Limitation law — Electronic filing — date of filing determined from court’s electronic record
27 September 2024
27 September 2024
Identification defects and unreliable caution statements meant murder was not proved beyond reasonable doubt.
Criminal law
— caution (confession) statements — repudiation, corroboration requirement, and credibility where recorded by same investigator
— Murder — proof beyond reasonable doubt — visual identification and identification parades
27 September 2024
27 September 2024
Summary judgment granted for unpaid statutory pension contributions, penalties, interest and costs after defendant failed to obtain leave to defend.
Civil procedure
— employer’s statutory duty to remit pension contributions — documentary proof of outstanding contributions and penalties — summary judgment for amount claimed, interest and costs
— Summary procedure (order xxxv) — defendant’s failure to obtain leave to appear and defend — allegations deemed admitted
26 September 2024
Court removed deceased co-executor and ordered fresh probate to surviving executor as grant had become inoperative.
Civil procedure — Probate & administration act
— court’s power to issue fresh grant to surviving executor to ensure due administration
— proof of death (affidavit, death certificate)
— reference to accrual
— revocation/removal of executor where grant has become useless/inoperative
26 September 2024
Extension of time granted where technical delay and pleaded illegality were adequately accounted for and promptness shown.
Civil procedure
— Extension of time to appeal — Sufficient cause — Appellate Jurisdiction Act s 11(1)
— Service of Notice of Appeal — Failure to serve respondent due to receivership and lack of address — Court of Appeal Rules r 84(1)
26 September 2024
26 September 2024
Court upheld Taxing Officer’s discretionary taxation of costs, finding no misdirection or injustice to justify interference.
Civil procedure — Costs — Discretionary award of costs for taxation proceedings may be allowed even if not specifically itemized, where justifiable in interest of justice
Civil procedure — Taxation of costs
— interference permitted only for wrong principle or injustice
— Taxation is a non‑mathematical, discretion‑driven exercise
Legal profession — Advocates remuneration order — Instruction and attendance fees — Taxing Officer to consider amount, nature and complexity of claim when fixing fees
25 September 2024
Court recorded deed of settlement as consent judgment: plaintiff accepted Tshs 9,000,000 and released defendants; suit marked settled.
Civil procedure — Consent judgment
— Deed of settlement recorded as consent judgment and decree
— enforcement of agreed payment terms
— full and final release of claims
— waiver of costs and interest
25 September 2024
Contempt application dismissed for failure to prove respondents had notice of or acted mala fide in breaching the court order.
Civil procedure
— Contempt of court — burden to prove contempt requires sufficient evidentiary materials — High standard of proof
— Third parties — Orders do not bind strangers absent service or notice
Evidence — Proof of service — Attachment of order to premises requires admissible proof to establish notice
25 September 2024
Extension of time granted where alleged illegality in closed probate proceedings constituted sufficient cause to hear appeal.
Civil procedure — extension of time
Civil procedure — Good cause — Illness and arguable illegality on the face of the record are valid grounds for extension
Civil procedure — Probate and administration
— alleged illegality in such matters can justify extension of time
— Closure of probate does not preclude civil action
25 September 2024
Advocate’s undisputed attendance in High Court constituted good cause; dismissal set aside and suit restored under Order IX Rule 3.
Civil procedure — Dismissal for want of prosecution
25 September 2024
Reassignment of a partly heard trial without recorded reasons under s214(1) nullifies subsequent proceedings and warrants retrial.
Criminal procedure
— Close of prosecution case — Accused’s rights on close of prosecution — Section 231(1) Criminal Procedure Act (substantial compliance/no prejudice)
— change of trial magistrate — mandatory recording of reasons — s.214(1) Criminal Procedure Act
25 September 2024
Court granted extension where timely appeal was wrongly filed in Land Division due to e‑filing/human error; 21 days to refile.
Appellate practice — extension of time — good cause, accounting for delay, diligence — Law of Limitation Act s 14(1)
25 September 2024
Court convicted first accused of murder on confession, forensic DNA and corroborating circumstantial evidence; second accused had no case to answer.
Criminal law — Murder
— Admissibility and weight of cautioned/confessional statements
— Chain/continuity of exhibits and forensic DNA evidence
— Circumstantial evidence and recent possession doctrine
— elements: death, causation, malice aforethought
Criminal law — No case to answer — discharge of co-accused
25 September 2024
High Court cannot hear a revision against a lower court judgment already determined on appeal by the same High Court.
Civil procedure — Appeal — High Court functus officio where it has already determined a lower Court's decision on appeal — Abuse of court process in seeking revision after appeal — Remedies: Court of Appeal (revision) or review of High Court decision
Family law — Matrimonial property — Revision
25 September 2024
A strike-out for failure to serve a defendant cannot be revived under section 95 CPC; the remedy is to refile subject to limitation.
Civil procedure — Electronic filing — documents not recorded in E — CMS and without proof of payment are not part of the court record
Civil procedure — Inherent jurisdiction
Civil procedure — Order
— remedy is refiling
— striking out for failure to serve defendant renders matter incompetent
Civil procedure — Service of summons — strict proof required and E — CMS record authoritative
25 September 2024
Court records and adopts the parties' settlement as consent judgment, ordering payment, transfer of assets and specific breach remedies.
Civil procedure — Enforcement — Terms of settlement enforceable as decree: payment, transfer of ownership, release of collateral, withdrawal of appeal
Civil procedure — Execution
— parties to bear own costs unless breach occurs
— payment timeline and bank details provided
Civil procedure — Settlement
24 September 2024
Extension of time granted where court-caused delay in supplying ruling justified enlarging the appeal period.
Civil procedure — Extension of time to appeal — delay caused by late supply of records — Application of Law of Limitation Act s.19(2) and Lyamuya factors
24 September 2024
Application for extension of time dismissed for failure to account for delay and lack of diligence; no costs ordered.
Civil procedure — application for extension of time — requirements of good cause
— account for all days of delay
— ignorance of law and old age not good cause
— inordinate delay and lack of diligence
— Lyamuya guidelines
— no costs in matrimonial matters
24 September 2024
Failure to account for delay and absence of facial illegality warranted dismissal of extension of time to appeal.
Civil procedure
— Extension of time to appeal — Lyamuya criteria (account for delay, diligence, inordinate delay, and illegality) — Illegality must be apparent on the face of the record
— Illegality as ground for extension — requirement that illegality be apparent on the face of the record (Lyamuya principle) — Amendments to pleadings not necessarily facial illegality
24 September 2024
Second appellate court re-evaluated oral evidence, found contractor breached drilling standards, awarded specific performance and costs.
Contract law
— breach of contract for drilling a water borehole — compliance with Water Resources Management Act, 2013 licensing regulations and 2019 groundwater drilling guidelines — admissibility and expungement of exhibits not read out — appellate re-evaluation of oral evidence
24 September 2024
A valid, unchallenged testamentary bequest of lease proceeds prevails despite subsequent transfer of land ownership.
Land law — Property law — Lease and title — Distinction between ownership shown on certificate of title and testamentary allocation of lease proceeds
Succession law — testamentary dispositions — Whether a will can confer supervision and entitlement to lease proceeds against subsequent change of registered ownership
23 September 2024
Court held "Family" distinctive for Class 3; application to disclaim or expunge trademark dismissed with costs.
Administrative law — Clerical/typographical error — Effect of typographical slips in a Registrar's reasoning and consequences for the decision
Intellectual property law
— Descriptiveness — Whether the common word "Family" is descriptive for Class 3 goods and subject to disclaimer
— Rectification/expungement — Requirements and timeliness of challenging a long-registered trademark
23 September 2024
Court recorded parties’ deed of settlement as decree, marking the suit settled and making its terms enforceable as a judgment.
Civil procedure — Deed of Settlement — Incorporation of settlement into court order — Enforcement of settlement terms as executable court order
Contract law — sale of shares and transfer of assets — Obligations to surrender documents, handover assets and indemnities — Performance conditions and consequences of default
23 September 2024
Applicant’s recusal complaint lacked convincing grounds; judge nonetheless withdrew and remitted file for reassignment.
Civil procedure — Code of conduct for judicial officers (rule 9)
— dissatisfaction with judicial rulings not sufficient
— forum-shopping
— judicial prudence in voluntary withdrawal and reassignment
— reasonable suspicion of bias
Civil procedure — Recusal — grounds for disqualification
23 September 2024
Failure to endorse and properly admit documentary exhibits was fatal, necessitating a de novo retrial despite contested forgery evidence.
Criminal law — Forgery and uttering false documents — Chain of custody and provenance of documentary evidence — Failure to endorse exhibits renders them not part of the record
Evidence — Expert evidence — Handwriting expert opinion and irregular payment documents as proof of forgery and dishonest receipt of funds — Corroboration and weight of expert opinion
Trial procedure — Exhibit admission procedure — Adherence to Exhibit Management Guidelines and endorsement requirements (Order XIII Rule 7)
23 September 2024
Court records consent settlement of Tshs 270,000,000 as an enforceable decree payable in four instalments, executable on default.
Civil procedure — consent settlement — Deed of Consent recorded and adopted as court decree — Payment by instalments — Court-ordered enforceability and execution on default
23 September 2024
A caveat seeking stay of administrator appointment pending appeal was dismissed; appointment proceedings ordered to proceed.
Civil procedure
— Probate and administration — Caveat — Whether a caveat can operate as a stay pending appeal
— Stay of proceedings — Prematurity where no notice of appeal filed — Necessity of evidentiary support and notice of appeal when seeking interlocutory relief
Probate law — appointment of administrator — validity where earlier administration exists and related proceedings pending — Effect of prior disqualification and res judicata on subsequent appointment challenges
23 September 2024
Court records deed of settlement as decree, enforcing instalment repayment of unpaid statutory social security contributions.
Civil procedure — Settlement / consent judgment — Recording a deed of settlement as a court decree and enforceability
Contract law — Labour/social security — Recovery of statutory contributions — Repayment schedule and treatment of penalties
23 September 2024
20 September 2024
Civil court acted without jurisdiction over a religious trusteeship dispute; Registrar General has exclusive revocation powers.
Trust law — death of party — striking out name and proceeding with appeal
Trust law — Trustees' incorporation act
— jurisdiction of civil courts in religious disputes
— Registrar General’s exclusive power to revoke or suspend trusteeship
20 September 2024
20 September 2024