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Citation
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Judgment date
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| October 2025 |
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Dispute over image use on electronic media lies in court, not the Media Services Act Complaints Committee.
Media Services Act – jurisdiction – Section 28(1) covers complaints about print media only; electronic media (television, social media) fall outside Complaints Committee’s print-media jurisdiction; Personal Data Protection Act inapplicable to misappropriation of image/likeness; preliminary objection alleging absence of cause of action cannot succeed where it raises mixed questions of law and fact; joinder under Order I Rules 3 and 7 permissible where plaintiff is unsure which defendant is liable.
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28 October 2025 |
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Interim attachment and custody of a vessel granted to protect consignment where applicants showed prima facie title and risk of irreparable loss.
Maritime security – attachment before judgment of a vessel; interim restraint and custody orders; prima facie title to goods on board; alleged third-party lien; irreparable harm and balance of convenience; requirement of security; interim procedural directions (service and hearing).
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28 October 2025 |
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Plaintiff-lawyer entitled to unpaid 3% professional fees, general damages and 12% interest following ex parte proof of engagement and nonpayment.
* Civil procedure – ex parte proof where defendants absent – credibility of plaintiff's direct evidence.
* Contract/professional fees – entitlement to agreed 3% of transaction sum for legal services.
* Damages – award of specific and general damages for unpaid professional fees and delay; reasonable post-judgment interest (12%).
* Execution – use of prior attachment-before-judgment order as starting point for enforcement.
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27 October 2025 |
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Bank liable for unauthorised withdrawals; SMS alerts insufficient to absolve bank; refund, interest, general damages and costs awarded.
* Banking law – fiduciary duty of banks to safeguard customer funds; obligation to prove authorized withdrawals. * Evidence – burden shifts to bank once withdrawal is shown; requirement to produce teller slips/CCTV/identification. * Electronic notifications – SMS alerts notify but do not authenticate or prevent unauthorised withdrawals. * Damages – refusal of punitive damages; award of general damages, interest and costs.
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27 October 2025 |
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Contract clause giving automatic conversion to commercial interest upon employment termination was enforceable; appeal dismissed.
* Contract law – loan agreements – staff preferential interest rate – automatic contractual conversion to commercial rate upon cessation of employment.
* Regulatory compliance – Bank of Tanzania (Financial Consumer Protection) Regulations 2019 – prior notice requirement vis-à-vis contractual notice.
* Evidence – burden of proof in civil claims – party alleging breach must prove on balance of probabilities.
* Contract variation – subsequent internal policies not incorporated into an existing contract cannot alter contractual rights.
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24 October 2025 |
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Special damages must be strictly proved; general damages upheld for breach causing unpaid services and loss.
Contract existence—oral and written agreements; Admissibility—relevance of exhibits and effect of documents admitted for identification; Special damages—must be specifically pleaded and strictly proved with particulars and supporting documents; General damages—discretionary award must be reasonable, not excessive; Appellate re-evaluation of facts and law.
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24 October 2025 |
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The appellant's challenge fails; the child’s credible testimony and medical corroboration sustain the conviction and sentence.
Criminal law – sexual offences against children; Evidence Act sec.135(2) – promise/voir dire for tender-age witness; Corroboration – medical evidence of bruises and friction; Consent immaterial for child victims; Proof beyond reasonable doubt.
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24 October 2025 |
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24 October 2025 |
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Conviction quashed due to magistrate-transfer irregularity, unlawful cautioned statement, defective identification parade, and unread exhibits.
Criminal procedure – transfer of magistrate – duty to record reasons and inform parties; cautioned statement – compliance with section 50(1) time limit – inadmissible if breached; identification parade – compliance with Police General Orders No. 232, prior description and timing – defective parade to be expunged; documentary exhibits – requirement to read admitted documents aloud; retrial – ordered only in interests of justice.
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24 October 2025 |
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Leave and interim relief granted to challenge allegedly unlawful, unnotified revocation of land titles.
* Judicial review – leave to apply – flexible prima facie/arguable case test at leave stage – not proof of merits
* Land law – revocation of title – requirement of notice, hearing and due process; alleged arbitrary revocation and re-registration
* Interim relief – maintenance of status quo pending judicial review to prevent irreparable prejudice
* Procedural – effect of respondent abandoning counter-affidavit at leave stage
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24 October 2025 |
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Administrator failed to show sufficient cause for delayed accounts; court granted a 14-day extension in the interests of justice.
Probate and administration — extension of time to file inventory/accounts — requirements under Section 107 PAEA and Probate Rules — delay must be accounted for; illegality as ground for extension must be apparent on the face of the record — court may grant extension in the interests of justice to prevent perpetual pending of probate matter.
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24 October 2025 |
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Appeal dismissed: no documentary proof of claimed special damages; concurrent findings rightly affirmed.
Civil procedure – second appeal – appellate interference with concurrent findings only for perverse/misapprehended evidence; Evidence – tendering and admission of documentary exhibits; Proof of special damages – strict requirement to plead and prove; Pleadings – typographical errors (slip of the pen) not sufficient to overturn merits without evidence of miscarriage of justice.
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24 October 2025 |
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Accused convicted of infanticide on circumstantial and medical evidence, then granted absolute discharge due to post‑partum instability and mitigation.
* Criminal law – Infanticide (Section 199 Penal Code) – Elements: age under 12 months, unnatural death, wilful causation, mental instability from post‑partum depression. * Evidence – Circumstantial evidence sufficient to establish guilt where medical and conduct evidence are consistent. * Forensic pathology – Cause of death: asphyxia. * Sentencing – Exercise of discretion under Section 38(1) Penal Code to grant absolute discharge.
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24 October 2025 |
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Conviction quashed where prosecution failed to call a material witness and evidence left reasonable doubt.
Criminal law – sexual offences – proof beyond reasonable doubt; variance between charge particulars and evidence; identification evidence; medical corroboration; adverse inference for failure to call material witness.
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24 October 2025 |
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Court ordered respondents to file counter-affidavits and refused to stay proceedings pending revision of interlocutory orders.
* Civil procedure – interlocutory orders – revision and stay – Section 8(2)(d) AJA and Sections 84(2), 88(2), 89(2) CPC: no revision against interlocutory orders.
* Abuse of process – use of appellate/revisional steps to delay proceedings.
* Service by publication and time extension to file counter-affidavits in urgent matters.
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24 October 2025 |
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Failure to prove mandatory 90‑day notice to government/Attorney General renders suit incompetent and leads to plaint being struck out.
* Government Proceedings Act s.6(2) – mandatory 90‑day notice of intention to sue Government – addressed to government minister/department/officer and copy to Attorney General and Solicitor General required. * Proof of service – notice and proof must be disclosed/annexed to pleadings; absence of evidence of proper service renders suit incompetent. * Jurisdiction – non‑compliance with s.6(2) is jurisdictional and fatal to the suit.
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24 October 2025 |
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Suing a respondent personally instead of as administratrix renders proceedings void and the application incompetent.
Probate and administration of estates; capacity to sue – necessity to sue legal representatives in representative capacity; substantive misjoinder of capacity vitiates proceedings; sections 96–97 CPC inapplicable to cure substantive defects at appellate stage; extension of time futile where underlying proceedings are void.
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23 October 2025 |
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Main suit dismissed as time-barred; bank’s counterclaim succeeds and mortgage and guaranties upheld, allowing sale to recover debt.
* Civil procedure – locus to sue – representative capacity requires pleading and production of letters of administration; failure is fatal. * Limitation – accrual of action for cancellation/rescission under Limitation Act s.6(1) – suit challenging loan/mortgage dismissed as time-barred. * Evidence – allegations of forgery/criminality in civil suit require higher standard of proof. * Security enforcement – duly registered mortgage under power of attorney is enforceable; bank entitled to sell security to recover loan. * Contract – guarantors’ liability co-extensive with principal debtor under Law of Contract Act s.80. |
23 October 2025 |
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A taxation application filed beyond 60 days is invalid; limitation runs from delivery to the party, not certification.
* Advocates Remuneration Order — Bill of Costs — 60‑day filing period — commencement: delivery to party after request, not date of certification; * Law of Limitation Act s19 — exclusion applies only where record proves request and supply/delivery of judgment/decree; * Taxation procedure — filing out of time renders taxation proceedings null for want of jurisdiction.
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23 October 2025 |
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Failure to have a child witness promise to tell the truth vitiated her evidence, prompting quashing and a retrial.
Evidence – Child witness – Mandatory promise to tell the truth (s.127(2) Evidence Act) – Non‑compliance vitiates testimony; Conviction unsafe where prosecution hinges on such testimony; Retrial ordered in interests of justice.
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22 October 2025 |
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Acquittal upheld where inconsistencies, delayed reporting and inconclusive medical evidence created reasonable doubt.
* Criminal law – Rape of a child – credibility of child complainant; delay in reporting; inconsistencies in testimony.
* Evidentiary value of medical examination – absence of hymen and absence of sperm not conclusive proof of penile penetration.
* Standard of proof – reasonable doubt arising from contradictions, practical impossibilities, and corroborative defence evidence.
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22 October 2025 |
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Appellant’s evidence of preparedness and miscommunication constituted good cause; dismissal and ex parte orders set aside and matter restored for hearing.
Civil procedure – Small Claims – setting aside dismissal and ex parte judgments – "good cause" – mere presence in court premises does not equal appearance, but affidavits showing preparedness and communication may establish good cause – appellate review of discretionary exercise.
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22 October 2025 |
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Incomplete trial record prevented appellate determination; conviction quashed and retrial de novo ordered in the interests of justice.
* Criminal procedure – incomplete trial record on appeal – missing testimonies preventing appellate determination.
* Evidence – visual identification – reliability challenged but appeal not determinable due to defective record.
* Retrial de novo – appropriate remedy in the interest of justice where record is insufficient.
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22 October 2025 |
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Conviction on an ambiguous plea of guilty was quashed and a retrial ordered.
Criminal procedure — Plea of guilty — Requirement for prosecution to state facts constituting the offence and for accused to explain — Unequivocal plea; ambiguous or imperfect plea; conviction quashed; retrial ordered.
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22 October 2025 |
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General, unspecified objections to a bill of costs do not justify setting aside a Taxing Master's ruling.
Advocates (Remuneration) Order GN. No. 263/2015 — Order 55 requirements for bills of costs; Order 7(1)-(2) — power to call for taxation rulings; Taxation review standard — Asea Brown Boveri: interfere only where wrong principle or manifestly excessive/inadequate; need for specific, particularized grounds of challenge; submissions are not evidence; dismissal for unmeritorious, delay-seeking references.
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22 October 2025 |
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Delay in presenting accused to court without prejudice does not vitiate conviction; armed robbery proven by credible ID.
* Criminal law – armed robbery – elements: theft, use/threat of offensive weapon, force directed at person – proof required. * Criminal procedure – detention – requirement to bring arrested person before court within 24 hours (s.33(1) CPA) – delay may be procedural irregularity but does not automatically vitiate conviction absent prejudice. * Evidence – visual identification – applicability of Waziri guidelines; reliability where good lighting and opportunity to observe. * Evidence – contradictions and inconsistencies – minor peripheral discrepancies do not necessarily destroy prosecution case.
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22 October 2025 |
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A material contradiction between the victim’s account and medical evidence created reasonable doubt, warranting quashing of convictions.
* Criminal procedure – Partly‑heard trial – Successor magistrate’s discretion under s.230(1) to act on predecessor’s record, re‑summon witnesses or recommence trial. * Evidence – Evaluation of evidence and duty under s.312(1) – necessity to reconcile material contradictions. * Sexual offences – weight of victim’s testimony v. medical evidence; material inconsistency can create reasonable doubt. * Conviction – where central contradiction remains unresolved, prosecution fails to prove guilt beyond reasonable doubt.
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22 October 2025 |
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Bail pending committal granted under EOCCA; court set bail at half the alleged stolen amount with strict conditions.
* Criminal procedure – Bail pending committal under the Economic and Organized Crime Control Act – application under ss 29(4)(d) and 36(1).
* Bailability – Whether offences (leading organized crime and stealing) are bailable where Republic does not oppose.
* Bail quantum – Court setting bail at half of the alleged stolen amount and permitting deposit of cash or title deeds.
* Bail conditions – requirement of bail bond, sureties, monthly reporting, surrender of travel documents.
* Jurisdictional note – amount in charge beyond subordinate court’s jurisdiction but bail pending committal remains cognizable.
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21 October 2025 |
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Preliminary objection on non-exhaustion dismissed as premature; extension of time application to be heard on merits.
* Administrative law – exhaustion of internal remedies – whether failure to exhaust internal administrative remedies is a jurisdictional/pure point of law discernible from pleadings.
* Civil procedure – preliminary objection – requirements for a pure point of law and limits on premature objections.
* Judicial review – extension of time to seek leave – distinction between procedural extension applications and substantive leave/judicial review considerations.
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21 October 2025 |
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Omission to fully explain appeal timeframe and compositional issues did not vitiate judgment entered on admission; appeal dismissed.
* Civil procedure – judgment on admission – Rule 44 and Rule 6 (Primary Courts) – admission permits judgment without further hearing on non-new issues.
* Appeals – Section 20(3) Magistrates' Courts Act – omission to explain appeal timeframe not automatically fatal.
* Appellate review – concurrent findings of fact by two courts not disturbed absent misapprehension of evidence or miscarriage of justice.
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21 October 2025 |
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Court recorded a mutual settlement, ordering sale of listed mortgaged assets and mutual release from further claims.
* Civil procedure – Consent judgment – Court’s power to record and adopt a lawful settlement (Order XXIII r.3 CPC).
* Mortgage and recovery – Sale of mortgaged property and chattels under agreed settlement.
* Mutual release – Settlement terms barring further proceedings and requiring withdrawal of appeal.
* Possession – Compulsory handover of vacant possession as term of compromise.
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21 October 2025 |
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Conviction quashed due to evidential contradictions, unexplained delays and a defective preliminary hearing.
* Criminal procedure — Section 214(1) CPA — Reassignment of magistrates — Reasons for takeover required but failure assessed under overriding‑objective/prejudice test.
* Criminal procedure — Section 192(3) CPA — Preliminary hearing — Mandatory memorandum of agreed facts, reading, explanation, signature and filing; failure vitiates PH but not necessarily trial.
* Evidence — Rape — Victim's testimony must be scrutinised; contradictions between witnesses and medical findings and unexplained delay can raise reasonable doubt.
* Delay and investigative omissions — Unexplained delay in arraignment and absence of arresting/investigating witnesses may prejudice prosecution case.
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21 October 2025 |
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The appellant succeeded because the respondent failed to prove loss of baggage, so the damages award was set aside.
Aviation law; baggage claims — burden of proof on claimant to establish checked baggage and loss; boarding pass insufficient to link passenger to specific checked baggage; pleadings admissible and binding where they negate claimant's proof; Montreal Convention limits and exceptions noted; appellate re‑evaluation of evidence on first appeal.
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21 October 2025 |
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Court upheld unequal division of matrimonial assets on contribution findings, excluded pre‑marriage house, included tractor as matrimonial property.
Family law – division of matrimonial property; Law of Marriage Act ss.58, 60(a), 114 – extent of contribution; rebuttable presumption of separate ownership; exclusion of pre‑marriage assets; inclusion of jointly used agricultural equipment; misappropriation/mismanagement as factor reducing share.
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20 October 2025 |
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High Court lacked jurisdiction to hear review after the applicant filed a notice of appeal; review struck out with costs.
* Civil procedure – Jurisdiction – Effect of filing a notice of appeal in the Court of Appeal – trial court ceases to have jurisdiction to hear review of same decision.
* Civil procedure – Abuse of process – Concurrent filing of notice of appeal and review application constitutes abuse of court process.
* Procedure – Withdrawal of appeal – absence of Court of Appeal order withdrawing notice of appeal does not restore trial court jurisdiction.
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20 October 2025 |
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Court: civil court had jurisdiction; unlawful eviction established; damages reduced from TZS100m to TZS50m; appeal otherwise dismissed.
Jurisdiction – cause of action approach; res sub judice – requirement of substantially identical matters; eviction – temporary dispossession and forcible removal of possessions establishes actionable interference; vendor liability by implication where purchaser takes possession; electronic evidence – formal defects affect weight not automatic exclusion; partner’s absence from witness box not fatal; general damages subject to appellate reduction where excessive.
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20 October 2025 |
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Appeal allowed and conviction quashed due to missing trial record and impossibility of a fair retrial.
• Criminal procedure – Missing trial record – Effect on appellate review and fairness of determination.• Criminal law – Missing exhibits and prosecution documents – Retrial vs quashing of conviction.• Revisionary powers – Use of Magistrates' Courts Act s.31 and Criminal Procedure Act s.395 to nullify lower court proceedings when records are irretrievable.
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20 October 2025 |
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Lawful receivership detention insulated the appellant; claimed special and general damages against the appellant were unproven and set aside.
Civil procedure – receivership and lawful detention of property – special damages must be specifically pleaded and proved – departure from pleadings – admissibility and probative value of financial statements – general damages require reasons – pleadings are not evidence.
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20 October 2025 |
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No medical negligence proved, but facility liable for allowing a suspended doctor to practise; plaintiff awarded general damages.
* Medical negligence – standard of care and causation – requirement for expert medical evidence to establish breach and causation in neonatal death and wound infection claims.
* Health facility liability – statutory duty breached where a suspended practitioner is authorised to provide clinical services.
* Professional misconduct (practising while suspended) distinct from negligence; non‑disclosure of suspension can give rise to compensable psychological harm.
* Remedies – award of general damages, interest and costs where negligence not proved but statutory breach and psychological injury established.
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20 October 2025 |
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Taxing officer’s ruling quashed for lack of proof of service and for proceeding without lawful ex parte order.
* Taxation of costs – Procedural fairness – Necessity of proof of service before ex parte proceedings – Order V r.16 CPC. * Advocates Remuneration Order – Bill of Costs – Reviewable where procedure defective. * Ex parte hearing – requirement for application and court order; unlawful to proceed suo motu. * Remedy – vacation of ruling, nullification of subsequent proceedings and remittal for rehearing.
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20 October 2025 |
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Self‑defence negated malice aforethought; murder charge reduced and the accused convicted of manslaughter.
Criminal law – Homicide – Distinction between murder and manslaughter – Malice aforethought – Self‑defence as negating malice – Reduction of charge from murder to manslaughter; burden of proof; reliance on post‑mortem and eyewitness evidence.
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20 October 2025 |
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Whether an alleged illegitimate child may inherit under Islamic/customary law and whether legitimacy was lawfully declared.
Inheritance law – legitimacy and inheritance rights of children born out of wedlock under Islamic/customary law; scope of High Court to declare legitimacy; certification of points of law to Court of Appeal.
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17 October 2025 |
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An applicant must promptly account for each day of delay; unexplained prolonged delay defeats an extension to file a bill of costs.
* Civil procedure – extension of time – application under Section 93/103 CPC to file bill of costs – requirement to show sufficient cause and account for each day of delay (Lyamuya).
* Court procedure – non-notification of ruling and reassignment of presiding officer – failure to notify does not excuse prolonged unexplained delay without prompt follow-up.
* Relief refused – unexplained delay and lack of diligence justify dismissal; each party to bear own costs.
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17 October 2025 |
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A pledgee may take reasonable preservation steps but cannot materially alter pledged collateral without the pledgor’s consent; damages reduced.
* Security/pledge law – duty of pledgee to preserve collateral; implied limited right to inspect and effect reasonable repairs in urgent cases.
* Contract law – scope of implied authority vs express contract terms; material alteration (engine replacement) requires pledgor’s consent.
* Evidence – technical findings require expert opinion; trial court must not speculate.
* Civil procedure – documents must be disclosed/listed under Order XIII Rule 1(2); failure justifies exclusion despite overriding objective.
* Damages – general damages for deprivation of use may be inferred but must be proportionate; appellate reduction where award excessive.
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17 October 2025 |
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Whether the prosecution proved admissibility of an extra-judicial statement amid timing and authorship discrepancies.
* Criminal procedure – admissibility of extra-judicial/confessional statements – requirement to prove voluntariness and authenticity beyond reasonable doubt. * Trial within a trial – resolving disputed extra-judicial statements. * Evidence – impact of documentary discrepancies and witness credibility on admissibility. * Compliance with procedural guidelines (Chief Justice Guideline) and proper recording of statements.
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17 October 2025 |
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Brief delay and missing third‑party affidavit did not bar grant of extension to file defence; extension granted.
Extension of time – Order VIII r.1(3) CPC – account for delay; promptness and diligence; short/non-inordinate delay; prejudice to respondent; Affidavit law – mention of third party does not automatically vitiate application; Service – receipt by receptionist effective but excusable delay may be granted in interest of justice.
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16 October 2025 |
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Partial overlap with a pending land suit does not make a judicial review application an abuse of process; it proceeds to merits.
* Judicial review – leave to apply – procedural filter at leave stage – not for conclusively deciding forum shopping or overlapping jurisdiction.
* Civil procedure – abuse of court process/res sub judice – parallel proceedings and forum shopping – partial overlap not automatically fatal.
* Land law – revocation of title – overlapping remedies in different divisions – scope and parties relevant to competence.
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16 October 2025 |
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Court granted interim injunction protecting the applicants’ access to the temple and right to worship pending the main suit.
• Interim injunction – preservation of access to religious premises pending substantive suit
• Fundamental rights – freedom of worship and peaceful enjoyment of religious sites
• Interim relief conditioned by non-interference with committee affairs and avoidance of confrontation
• Consent/non-objection by respondents as factor in court’s exercise of discretion to grant interim relief
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16 October 2025 |
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Court granted interim injunction allowing applicants access to temple pending trial, subject to non-interference condition.
Religious freedom – Interim injunction to protect access to place of worship – Urgent (certificate of urgency) application – Consent/non‑objection by respondents – Conditions limiting injunction to prevent interference with committee and public order – Costs: each party to bear own costs.
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16 October 2025 |
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Respondent convicted of manslaughter for fatal assault during a fight causing internal injuries and death.
* Criminal law – Manslaughter – Liability where death results from a fight – Eyewitness and medical evidence linking assault to fatal injuries. * Evidence – Admissibility of caution statement – Trial within a trial. * Sentencing – Medium-level manslaughter; application of Tanzania Sentencing Guidelines 2023; mitigation and aggravation considered.
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16 October 2025 |