Results.
1,166 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
November 2024
Applicants and respondents settled DAB dispute; court recorded settlement, ordered payment and full release of claims.
Civil procedure — Arbitration/adjudication — DAB awards challenged
Civil procedure — Consent judgment — recording settlement
Civil procedure — Costs
— each party bears own costs
— Non-admission and enforcement clauses
Civil procedure — Settlement terms — payment schedule, release and discharge of claims
25 November 2024
Whether a sale contract existed and the respondent is liable for supplying a defective vehicle and must remedy it.
Contract law — Sale of goods
— Partly written and implied contract — Sales of Goods Act s 5(1)
— implied condition of fitness for purpose — Sales of Goods Act s 16
Damages — Civil remedy — Replacement vehicle and general damages — Interest and costs
23 November 2024
Applicant entitled to security for costs: plaintiffs found resident abroad without sufficient immovable property; TZS 100,000,000 bank guarantee ordered.
Civil procedure
— remedy — Bank guarantee fixed as appropriate form and TZS 100,000,000 as quantum of security
— security for costs
Company law — Company law/pleadings — Discrepancy between plaintiffs named in plaint and locally registered entity relevant to residence and assets inquiry
22 November 2024
22 November 2024
Court allowed rectification of letters of administration to correct an erroneous cause number under Section 48 PAEA.
Probate law — Rectification of Letters of Administration — Power to amend or correct grants under Section 48 PAEA — Correction of erroneous cause number — Incorrect statutory citation in process not fatal
22 November 2024
Court grants administrators a 30-day extension to file estate inventory and accounts under section 107(2).
Civil procedure — Estate administration — Long-term lease and formation of family trust, and heirs residing abroad, may constitute sufficient cause for extension
Probate law
— extension of time
— Probate procedure — no legal effect
22 November 2024
The plaintiff's unpaid commission claim failed for lack of proof; specific damages require strict pleading and proof.
Contract law — Commission agreements
Damages — Special damages
— Requirement of strict pleading and proof
— refusal to award unproven specific or general damages
Evidence — burden of proof in civil cases — balance of probabilities
22 November 2024
Employer held liable for TZS 708,893,356.81 for unremitted social security contributions, penalties, interest, and costs.
Employment law — Employer’s duty to remit statutory social security contributions — Liability for unremitted statutory contributions and penalties — PSSSF claims, admissions and demand notices
Evidence — Burden of proof — civil standard (balance of probabilities) — Effect of documentary evidence and admissions on the plaintiff’s onus (s.110 CPC)
22 November 2024
21 November 2024
Failure to raise triable issues in a summary suit led to judgment for unpaid service levy with interest and costs.
Civil procedure
— Procedure — application for leave to defend — dismissal where no triable issues — basis for entering summary judgment
— Remedies — decretal sum, court interest and costs awarded
— Summary procedure
21 November 2024
Movement of property within the same house without dishonest intention does not constitute theft; appeal dismissed.
Appellate practice — Appellate review of factual findings — Interference with concurrent findings of fact — Requirements for interference (misdirection/non-direction/misapprehension of evidence)
Criminal law — Theft — Elements of theft (ownership, identification, asportation) — Movement within same premises may not constitute taking away
Criminal procedure — Evidence — improperly admitted inventory expunged — Right to be heard and natural justice
20 November 2024
20 November 2024
20 November 2024
Plaint filed out of time properly pleaded grounds for exemption; striking out was wrongful and legal aid beneficiary cannot be ordered to pay costs.
Civil procedure — limitation
20 November 2024
Applicant failed to show sufficient cause for extension of time to lodge appeal; application dismissed.
Criminal procedure — Lyamuya guidelines on sufficient cause — duty to account for each day of delay — explanations of manpower shortage and delayed withdrawal order held insufficient
20 November 2024
Reporting credible threats to police under section 7 CPA is not malicious absent proof of malice; appeal dismissed.
Tort — Malicious prosecution
— appellate re-evaluation of evidence
— elements: absence of reasonable and probable cause and malice
— reporting to police
— timing of report not determinative of malice
— whether reporting is protected when based on reasonable grounds
20 November 2024
Contingent contract linked to third‑party payment failed; court ordered respondent to pay outstanding balance directly.
Appellate practice — Revisionary powers — High Court may nullify non‑executable conditions in lower court decrees and substitute direct orders for payment
Civil procedure — Executability of decree — conditional judgment tied to non‑party performance may be inexecutible
Contract law — Contingent contract — agreement dependent on third‑party payment
20 November 2024
Court restored the applicant's suit dismissed for non-appearance, finding dismissal improper where matter was only for mention.
Civil procedure — dismissal for non-appearance — distinction between mention (to set pretrial conference) and hearing
19 November 2024
Trial court erred in awarding Tshs.2,000,000 without proof; appellant must pay remaining Tshs.2,750,000; appeal partly allowed.
Civil procedure
— Costs — court discretion and order that parties bear own costs
— Remedies — appeal partly allowed where award of unproven specific damages set aside
Contract law — Sale of land
— obligation to refund purchase price
— payment and refund when sale fails due to matrimonial proceedings
Evidence
— Admissibility of documents
— Expungement
19 November 2024
Applicant exhausted statutory appeals; court overruled objections that the matter was premature or non-final.
Administrative law
— Decision subject to review — Whether a decision is final where a Presidential appeal has been determined on the merits — Competence of subsequent remedial applications
— Judicial review — Exhaustion of administrative remedies — Requirement to exhaust appeal rights under the Public Service Act and Regulations before seeking prerogative remedies
19 November 2024
Statutory rape conviction quashed where prosecution failed to prove victim's age beyond reasonable doubt.
Criminal law — sexual offences against a child — Statutory rape — Proof of age beyond reasonable doubt — Documentary and parental evidence
Evidence
— Documentary evidence — Allegation of forgery — Requirement for corroboration before relying on oral testimony
— delay in reporting — delay in reporting an offence does not automatically discredit an eyewitness if a reasonable explanation exists
19 November 2024
Unreliable eyewitness identification and mere presence led to dismissal for lack of a prima facie case.
Criminal law — Distinction between presence and participation — Distinction between identification of presence and proof of participation
Criminal procedure — No case to answer — Prima facie test at close of prosecution’s case (ss.230–231 CPA)
Evidence — Visual identification — criteria for safe identification (Waziri Amani) — lighting, distance and obstructions
19 November 2024
Summary judgment granted for unpaid social security contributions despite a misnomer, where the correct defendant was served.
Civil procedure
— Pleadings — Misnomer/misjoinder — Non‑fatal where proof of service on correct defendant and substantive justice satisfied
— Summary judgment — defendant’s failure to obtain leave to defend
19 November 2024
Appellate court quashed rape conviction due to material inconsistencies and failure of prosecution to prove guilt beyond reasonable doubt.
Criminal law
— Appeal — first appellate court entitled to re-evaluate evidence
— Preliminary hearing — non-compliance with s.192 CPA vitiates only the preliminary hearing not the trial where accused fully participates
— procedural compliance — late filings disregarded
— sexual offences — Burden and standard of proof
18 November 2024
Extension granted to file notice of appeal due to technical delay; notice to be filed within 14 days.
Appellate practice — Appeal procedure — extension of time to file notice of appeal — Technical delay where original notice was timely lodged then struck out
18 November 2024
Conviction quashed where prosecution failed to prove appellant's possession of seized wildlife trophies beyond reasonable doubt.
Criminal law
— Evidence — seizure certificate naming another person and lack of caution statement undermines proving possession
— Exhibits — court to order confiscation to Director of Wildlife
— unlawful possession of wildlife trophies
18 November 2024
Court granted extension of time to file a notice of appeal despite former counsel’s negligence, finding sufficient promptness and reasons.
Civil procedure — extension of time
— requirements and discretionary exercise
— technical delay where initial appeal timely but struck out — prompt action and accounting for delay
Civil procedure — Illegality as ground for extension
Tort — Counsel negligence — ordinarily not good cause, but case-specific discretion
18 November 2024
Court upheld incest conviction: victim and clinical officer evidence sufficient; appeal dismissed for lack of merit.
Criminal law — incest by male — child complainant’s testimony as best evidence
Criminal law — medical evidence by clinical officer (PF3)
— admissibility and sufficiency
— burden of proof
— evaluation of defence evidence
— extraneous matters in judgment
— jurisdiction by assignment
18 November 2024
Appellate court upheld rape conviction finding child‑victim credible despite procedural omissions and delayed identification.
Criminal law — sexual offences against a child — credibility of child witness under section 127 Evidence Act — Evidence Act s 127(6)
Criminal procedure — preliminary hearing (s192) — Compliance with section 192 Criminal Procedure Act — Reading and explaining memorandum in a language that he understands
Evidence — Delay in naming suspects at earliest opportunity — effect on witness credibility and identification evidence
18 November 2024
Victim's credible and corroborated testimony upheld an incest conviction despite challenges to medical evidence.
Criminal law — Sexual offences/incest — victim’s testimony as best evidence
Criminal procedure — Appeal — Duty of appellate court to independently analyse and evaluate trial evidence rather than merely endorse trial court findings
Evidence — Evidential weight of medical (PF3) and witness testimony — Medical evidence (PF3)
18 November 2024
Conviction quashed because identification evidence was unsafe and prosecution failed to prove the offence beyond reasonable doubt.
Criminal law — Unnatural offence — Visual identification — Waziri Amani guidelines — Child witness
18 November 2024
Prosecution failed to adduce prima facie evidence linking the accused to the murder; accused acquitted for no case to answer.
Criminal law — Murder
Criminal procedure — No case to answer
— hearsay evidence inadmissible to ground conviction
— sufficiency of prosecution evidence under section 293(1) CPA
18 November 2024
18 November 2024
Applicant granted bail pending trial where offence is bailable, no breach of prior bail, subject to verified sureties and conditions.
Criminal procedure
— Bail — Right to bail — Bail not absolute
— determined by interest of justice — Subordinate/committing courts’ power to grant bail pre-committal for High Court triable offences — Remand without hearing after prior bail is misdirection — Bail may be granted with conditions and verification of sureties
18 November 2024
Restructuring addendum bound the borrower to repay and allowed the lender to charge accrued commercial interest after moratorium expiry.
Contract law — loan restructuring
— breach of loan agreement
— discretionary refusal of punitive/commercial interest and award of court rate interest
— entitlement to accrued interest and penalties
— moratorium and conversion to commercial rates
— parties bound by agreed addendum
15 November 2024
Court appointed successor administratrix after previous administrator was revoked for failing to administer the estate properly.
Civil procedure — Civil procedure code s.95 — procedural basis for the chamber summons. Caveat/objection to appointment dismissed for want of merits
Probate law — letters of administration — appointment of successor administratrix after revocation of prior administrator for failure to file inventory
15 November 2024
Plaintiffs failed to prove the drink's origin or causation; negligence claim dismissed and suit dismissed.
Tort — Product liability
— adverse inference for non‑production of material witness
— proof of manufacturer and chain of custody
— requirement that special damages be specifically pleaded and strictly proved
15 November 2024
Leave is mandatory for judicial review; PPAA acted within jurisdiction and applicant's non‑disclosure of a final penalty order justified annulment.
Procurement law — Public procurement — Judicial review procedure
15 November 2024
Applicant allowed to withdraw with leave to refile; respondent awarded costs.
Civil procedure
— Costs — discretionary award — costs may be granted even where withdrawal is with leave — court may consider stage and expenses incurred. Withdrawal ends the proceeding and refiled suit is a fresh action subject to limitation
— Withdrawal of suit
15 November 2024
Proceedings instituted beyond limitation must be dismissed under s 3(1); striking out is inappropriate for time‑barred appeals.
Civil procedure
— dismissal versus striking out — Dismissal implies disposal on merits, strike out applies where matter is not properly constituted
— limitation — consequence of instituting proceedings after limitation period (dismissal) — Law of Limitation Act s 3(1)
14 November 2024
The applicant’s misrepresentation claim failed; loan default justified lawful mortgage recovery and auction.
Contract law — Due diligence — opportunity to inspect weakens misrepresentation claim
Contract law — Loan facilities — separate contractual terms — no contingency on third‑party project performance
Contract law — misrepresentation
— burden of proof
— evidence required to vitiate consent
Contract law — Mortgage enforcement — lawful recovery and auction where borrower defaults
14 November 2024
Court recorded parties’ settlement as consent judgment requiring instalment payments of contributions and penalties, enforceable on default.
Civil procedure — Consent judgment — Settlement to serve as decree and enforceable on default
Civil procedure — social security contributions
— Default clause and costs allocation
— payment of principal and penalties by instalments
13 November 2024
Court records and adopts the parties' deed of settlement as a consent judgment, making the payment schedule enforceable as a decree.
Civil procedure — Consent judgment — Settlement treated as a decree and enforceable on default
Civil procedure — Costs
— allocation: court broker cost borne by defendant
— other costs borne by the party incurring them
Contract law — Social security contributions — Compromise of outstanding contributions and penalties — agreed payment schedule and acceleration clause
13 November 2024
Whether oral terms can supplement an ambiguous written agreement and whether bank records were properly admitted.
Civil procedure — Admissibility of exhibits — Admission versus evaluation — functus officio doctrine
Contract law — Contract interpretation — Vagueness and ambiguity in contractual terms — contra proferentem
Evidence — admissibility of documentary evidence — Admissibility and challenge to bank statements admitted without objection — Evidence Act s 78
13 November 2024
13 November 2024
Appeal on admissibility of electronic evidence and whether non‑payment justified retention of an unreturned container and storage award.
Civil procedure — pleadings bind parties — Parties bound by pleadings
Contract law — Transport contract
— Return of container and entitlement to retain where balance unpaid
— award of storage charges and interest
Evidence — Electronic evidence — admissibility depends on authenticity, integrity, reliability and originator identification (s18(2))
13 November 2024
Judicial review application struck out for prematurity where internal military remedies were not exhausted and no final decision existed.
Administrative law — exhaustion of internal remedies
13 November 2024
Court overruled language and pleading objections, finding an exception for English pleadings and adequate disclosure of cause, dates, and value.
Civil procedure
— Civil procedure code (order VII rule 1(e))
— Civil procedure code order VII rule 1(i)
13 November 2024
The applicant's tort claim from 2019 was time‑barred; communications did not suspend limitation and the suit was dismissed.
Limitation law — accrual of cause of action
— communications/ongoing investigations do not stop running of limitation
— competency
— mandatory requirement to plead exemption under Order VII Rule 6 CPC
— seizure (Feb–Mar 2019)
Limitation law — tort claims — three‑year limitation
13 November 2024
Court upheld respondent’s loan claim; late submissions admitted and police‑station agreement held voluntary.
Civil procedure — Appellate procedure — Discretion to admit late written submissions — Exercise of discretion where delay caused by other party
Contract law — free consent and coercion — burden of proof on party alleging coercion
Jurisdiction — Competence of court — Place of suing objection must be raised at first instance
13 November 2024