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1,166 judgments found.
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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
23 August 2024
Application for leave to seek judicial review dismissed as filed five days beyond the six‑month statutory limit.
Judicial review — leave to apply
— filing completed upon payment/registry endorsement
— late written submissions treated as non‑appearance
— six‑month limitation
— time‑barred applications deprive court of jurisdiction
22 August 2024
Appeal partly allowed; property division and maintenance remitted for trial court determination of contributions and means.
Family law — Appellate review — First appellate court entitled to re‑evaluate trial evidence and remit unresolved factual issues
Family law — custody
— court may consider parents’ and child’s wishes
— welfare of the child paramount
Family law — Divorce — Cruelty and denial of conjugal rights as grounds for divorce
Family law — Matrimonial property
— Distribution
— Nature and proof of contribution
Family law — Proof required to treat livestock as matrimonial property — court cannot distribute non‑existent or unproven assets
22 August 2024
Appellants failed to show formal reporting or prima facie ingredients, so leave for private prosecution was denied.
Civil procedure — submissions are not evidence — Submissions cannot substitute for evidence or be used to impeach court record without supporting proof — Annexures to submissions may be expunged from the record
Criminal procedure — permission for private person to conduct prosecution — Requirement of complaint to police/DCI and opportunity for DPP to act
Evidence — Prima facie ingredients — Need for affidavits to disclose essential elements of alleged offences to establish reasonable and probable cause
22 August 2024
A court cannot decide the authenticity of a ministerial extension at preliminary objection stage; such matters require trial proof.
Civil procedure — preliminary objection — limitation
— remittance for trial
— Whether disputed facts (authenticity of Ministerial extension) can be determined on preliminary objection
22 August 2024
Plaintiff’s plaint rejected for failing to plead an ascertainable cause of action; defendant awarded costs.
Civil procedure — Cause of action — sufficiency of plaint and annexures to show cause of action — Order VII r 1(e), r 11(a)
Limitation law — Fraud-discovery exception (Secs.6(i),26) — requires actual discovery — s 26(a), Law of Limitation Act
21 August 2024
Application to restore dismissed appeal was time-barred; electronic submission without registry admission does not constitute filing.
Civil procedure — Restoration of appeal dismissed for want of appearance — Time limitation
21 August 2024
Unsworn promise under s127(2) upheld; appellate re-evaluation found victim credible and sustained incest conviction.
Criminal law — sexual offences — Evidence of child of tender years
— admissibility
— appellate re-evaluation of evidence
— corroboration by medical report (PF3)
— credibility assessment of victim of sexual offence
— particulars of charge and variance in dates
20 August 2024
Summary judgment granted for unpaid NSSF contributions, penalties, interest and costs where defendant failed to seek leave to defend.
Civil procedure — Order XXXV summary procedure — leave to appear and defend — Enforcement of unpaid statutory NSSF contributions
20 August 2024
Whether an interlocutory High Court order is appealable and whether proceedings should be stayed pending appeal.
Civil procedure
— Stay of proceedings — whether lower court may stay a related main suit where a related interlocutory order is under appeal
— appealability of interlocutory orders — Whether an interlocutory High Court order that does not finally determine the suit is appealable under s 5(2)(d) Appellate Jurisdiction Act — Appellate Jurisdiction Act s 5(2)(d)
20 August 2024
Court recorded mediated settlement as consent judgment requiring defendants to pay TZS25,000,000 within one year.
Civil procedure — Enforcement
— mediated settlement made irrevocable and binding when executed and registered
— waiver of claims and allocation of costs
Civil procedure — Mediation and settlement — Recording and adoption of deed of settlement under Order XXIII Rule 3 as consent judgment — settlement declared enforceable as court decree
Civil procedure — Public policy — courts should encourage and record amicable settlements reached by parties
20 August 2024
An injunction cannot be used to restrain execution of a court decree; a stay of execution is the proper remedy.
Civil procedure — Execution — injunction versus stay of execution
— injunctions cannot restrain judicial process including execution
— stay of execution is appropriate remedy
Civil procedure — Order XXI r.76 CPC — remedies for alleged irregularity in sale/execution (challenge by suit for compensation or recovery after sale)
Civil procedure — preliminary objection — pure point of law capable of disposing the matter
20 August 2024
Reference filed electronically on 20 December 2023 was within the 21-day statutory period and not time-barred.
Civil procedure
— computation of time — exclude day from which period is reckoned
— Electronic filing — Judicature — submission and payment of fees constitute filing
— Filing date — payment of court fees determines filing date (John Chuwa principle)
Legal profession — Advocates remuneration order 2015
20 August 2024
Amendments exceeding the limited leave by introducing new causes and claims rendered the amended plaint incurably defective; suit struck out with costs.
Civil procedure — amendment of pleadings
19 August 2024
Applicant charged with economic offences granted bail subject to stringent EOCCA-based conditions.
Contract law — Security for bail — monetary bond, sureties, immovable property, surrender of travel documents, travel restrictions, and mandatory court attendance
Criminal law — Bail — entitlement and discretion — presumption of innocence — bailable offences
19 August 2024
Extension of time granted where alleged illegality (lack of notice and denial of hearing) appears on the record.
Civil procedure — extension of time — good cause
— accounting for delay not decisive where illegality established
— denial of right to be heard in ex‑parte proceedings
— illegality on face of record sufficient
— Lyamuya principles
19 August 2024
Extension of time denied where alleged illegality failed because stay was improperly issued after the hearing.
Legal profession — Advocate remuneration order (order 8) — extension of time
Legal profession — stay of proceedings in bill of costs
— duty to account for delay
— illegality as ground for extension of time
— revisional power to set aside erroneous interlocutory orders
— validity where issued after hearing by written submissions
19 August 2024
Court recorded mediation settlement as consent judgment and made it executable on installment default.
Civil procedure — Settlement by mediation
— Mediation Centre lacking execution powers
— Payment schedule and enforcement of outstanding debt
— Recording and adopting deed of settlement as consent judgment
— Settlement declared executable on default
19 August 2024
Child‑witness testimony taken contrary to s.127(2) was expunged, leaving insufficient evidence to sustain the rape conviction.
Criminal law — Rape
— evidence of child of tender age
— medical and hearsay evidence insufficient to sustain conviction without child’s testimony
16 August 2024
Victim’s and mother’s corroborated evidence and medical findings upheld rape conviction and mandatory life sentence.
Criminal law
— Rape of child — Proof of penetration, identification and corroboration — Credibility of child witness and sufficiency of evidence to prove penetration and age
— sentencing — Mandatory life imprisonment for rape of a girl under ten — s.131(3) Penal Code
Evidence — Visual identification — Waziri Amani criteria and reliability of recognition by a familiar witness — Reliability where witness knew accused, adequate lighting and proximity
16 August 2024
Material contradictions in the prosecution witnesses and procedural gaps led to quashing of the conviction and release of the appellant.
Criminal law — sexual offences — credibility of child complainant
— contradictions as to place, timing and reporting
— delay in arraignment and lack of investigative record
— doubts resolved in favour of accused
— medical evidence discrepancies
— victim’s testimony not gospel truth
16 August 2024
16 August 2024
Court records parties' settlement as consent judgment, binding defendant to construction and payment obligations with eviction for breach.
Civil procedure
— Consent judgment — Recording and adoption of deed of settlement — Motor Vessel Sepideh precedent
— Enforcement — Enforcement of settlement — Eviction, entitlement to payment for breach, and allocation of settlement costs
Contract law — Deed of settlement — Incorporation of construction obligations, timeframes, supervision rights, and lease adjustments into consent judgment
16 August 2024
Court dismissed stay application, holding it lacked jurisdiction absent any pending appeal against the matrimonial decree.
Civil procedure — Preliminary objections — pure point of law — Jurisdiction to stay execution — Stay of execution lies with executing or appellate court
16 August 2024
Application for interim injunction to restrain a non‑party bank from releasing funds dismissed for non‑joinder and lack of merit.
Civil procedure
— Enforcement/registration of foreign judgments — interaction with execution of third‑party awards (FIFA)
— Procedural impropriety — injunction against non‑party bank without impleading
16 August 2024
Appellate court dismisses appeal: borrower failed to prove breach or lack of notice; vehicle sale found lawful.
Civil procedure
— appellate re-evaluation of evidence
— Contract — sanctity of contract — borrower’s obligations
— Evidence — burden of proof
— Repossession and sale — notice of default and contractually agreed right to repossess
— Sale by auction — publicity, transparency and lawfulness of sale procedure
16 August 2024