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Citation
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Judgment date
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| December 2021 |
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14 December 2021 |
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Delay excused where court’s failure to supply certified copy of judgment justified extension to file appeal.
Criminal procedure – extension of time to file appeal – appellant must account for each day of delay; period for filing appeal may run from date certified copy of judgment made available; delay caused by court's failure to supply judgment can justify extension.
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13 December 2021 |
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The appellant's statutory rape and impregnating-a-student convictions upheld on credible victim testimony, medical report and school records.
* Criminal law – Statutory rape and impregnating a student – proof beyond reasonable doubt – primary reliance on victim's testimony. * Proof of age – evidence by victim, parent and school records; inference under section 122 Evidence Act. * Medical evidence (PF3) and school registers admissibility and corroborative value. * Victim's prior sexual history/character does not negate criminal liability of accused.
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13 December 2021 |
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Whether the ward tribunal secretary counts in coram and whether the eviction claim disguised a matrimonial dispute and abuse of process.
Ward tribunals — composition and coram — secretary is not a member and has no vote; eviction claims disguised as land disputes may constitute abuse of process; long uninterrupted possession and Limitation Act implications; High Court revision jurisdiction under s.43(1).
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10 December 2021 |
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10 December 2021 |
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Revision dismissed because an appeal was the proper remedy and no material error causing injustice was shown.
Land procedure – Revision v. appeal; where a right of appeal exists revision is improper; revisional jurisdiction requires a material error causing injustice; defects in party naming or scope of execution are ordinarily grounds for appeal; joinder of Attorney General/District Council depends on applicable law at filing time.
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10 December 2021 |
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Unauthorized village-led division and sale of customary homestead land void; applicant restored to possession.
Land law – customary distribution of deceased’s estate; homestead reserved for wives and children; powers to administer and divide estate (administrator/court required) – village leaders and VEO lack authority to divide/sell; irregular divisions and sales are null and void; appellate review of DLHT factual and legal errors; bias allegation on site visit unproven.
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6 December 2021 |
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An appeal lacking the mandatory copy of the decree is improperly before the High Court.
Civil Procedure — Order XXXIX r.1(1) CPC — Mandatory requirement to attach copy of decree to memorandum of appeal — Court may dispense with judgment copy but not decree — Non-compliance renders appeal improperly before the court.
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6 December 2021 |
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Juvenile appeal struck out for being lodged without the mandatory proceedings, judgment or drawn order and without leave.
* Juvenile appeals – governed by Law of the Child (Juvenile Court Procedure) Rules, 2016; Rule 123(2) – Memorandum of Appeal must be accompanied by proceedings, judgment or order unless High Court directs otherwise. * Mandatory requirements – 'shall' construed as mandatory; 'or' permits any one of the specified documents. * Waiver – High Court may waive requirement at admission stage (leave), failure renders appeal incompetent and liable to be struck out.
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3 December 2021 |
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Where a dwelling encroaches neighbours' plots the lawful remedy is demolition or purchase, not forced relocation without compensation.
Land law – boundary encroachment; jurisdiction of Ward Tribunal – inability to order non‑party (District Council) to allocate alternative land; appropriate remedies for encroachment – demolition or purchase; requirement of compensation/consent before displacement.
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3 December 2021 |
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Applicant failed to account for delay and counsel's negligence was attributed to him; extension refused with costs.
Land — Extension of time — Applicant must account for each day of delay; negligence of counsel attributable to client; personation vitiates filings; prior extension insufficient without explanation.
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1 December 2021 |
| November 2021 |
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Primary court rules bar oral evidence contradicting a written sale agreement; a witness to a contract lacks locus to sue.
* Evidence — Primary courts — Magistrates’ Courts (Rules of Evidence in Primary Courts) Regulations GN 22/1964 & GN 66/1972 — Regulation 14(1) prohibits oral evidence to contradict written contracts except limited exceptions (fraud, mistake, separate consistent oral agreement, subsequent modification, customs).
* Contract — Written sale agreement — Document speaks for itself; oral testimony cannot vary clear written terms absent an exception.
* Locus standi — A person who appears only as a witness to a sale agreement lacks capacity to sue on that contract.
* Admissibility — Subsequent attestation/receipt invalid where it purports to alter original written terms.
* Procedure — Primary courts need not record separate written assessor opinions; magistrates should avoid attesting documents likely to require later testimony.
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30 November 2021 |
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Court granted two-week extension to appeal where applicant lacked notice and illegality appeared on the record.
* Land law Extension of time s.38(1) Land Disputes Courts Act Applicant not notified of judgment, discovered at execution stage
* Civil procedure Ex parte hearing justified where respondent, though served, failed to file counter-affidavit or appear
* Principle: Illegality on the face of the record and lack of notice can justify extension of time to appeal
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16 November 2021 |
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Applicant’s proven post-operative illness justified a 14‑day extension to file an appeal; no order as to costs.
Land law — Extension of time to appeal — Whether sickness and hospitalization constitute good cause for extension of time — Medical evidence and applicant’s age as factors in granting extension.
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15 November 2021 |
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Application for extension struck out for relying on inapplicable rule; section 14(1) Limitation Act governs extensions in High Court.
Limitation of proceedings — rule 3(4) GN 311/1964 applies to magistrates'/primary courts and is not an enabling provision in the High Court; extension of time in District/High Court governed by section 14(1) Law of Limitation Act; competence of chamber summons — prayers must correspond with supporting affidavit.
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15 November 2021 |
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12 November 2021 |
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12 November 2021 |
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12 November 2021 |
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12 November 2021 |
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Seller who rescinds sale before agreed expense calculations breaches contract; buyer awarded refund and reimbursement including licence arrears.
* Sale of motor vehicle – advance payment and outstanding balance – parties agreed to deduct buyer-incurred expenses by joint calculation – seller’s premature rescission constitutes breach. * Remedies – refund of deposit and reimbursement of proved expenses (insurance, battery, licence arrears). * Reliefs – payment order, time for payment, entitlement to change ownership and set-off of outstanding balance.
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12 November 2021 |
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11 November 2021 |
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Conviction for attempted rape quashed because the charge lacked essential particulars and evidence did not prove intent to rape.
* Criminal law – Attempted rape – Elements – Charge must allege intent to procure prohibited sexual intercourse and manifestation (threatening) as essential particulars.
* Criminal procedure – Particulars of offence – A charge that fails to state key ingredients may render conviction unsustainable.
* Evidence – Overt acts required to prove attempt to commit sexual intercourse; mere assault or humiliation may establish a different offence.
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10 November 2021 |
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Electronic payment records showing timely fee payment justify restoring an otherwise dismissed application.
* Civil procedure – filing and time limits – date of filing is date of payment of court fees. * Electronic filing and electronic receipts – reconciliation with handwritten receipts and control numbers. * Judicial duty to enquire – powers under section 176 of the Evidence Act to verify documents. * Restoration of application – application restored where electronic receipt shows timely payment.
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10 November 2021 |
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Taxation award reduced to Tshs 640,000/= because claimed costs lacked evidential proof despite being within remuneration scale.
Costs — Taxation of Bill of Costs — Advocates' Remuneration Order establishes entitlement but is not evidence of payment — burden to prove claimed costs — reasonableness test for disbursements when receipts impractical — taxing master’s duty to assess claims.
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10 November 2021 |
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8 November 2021 |
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Appeal allowed: prosecution failed to prove stealing by servant; key evidence unsworn or from an unqualified auditor.
Criminal law – stealing by servant – burden of proof beyond reasonable doubt; unsworn testimony/affirmation (section 198(1) CPA) – evidential effect; audit report by unqualified person – lack of probative value; bank statements require a linking witness; failure to consider defence – unsafe conviction.
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8 November 2021 |
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8 November 2021 |
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Appellant failed to rebut evidence of lawful family sales; purchaser declared owner, awarded damages; appeal dismissed.
Land law – sale of land and transmission of title; evidence – authentication of signatures and estoppel; pleadings bind parties – party bound by written statement of defence; credibility and weight of oral testimony; innocent purchaser/transfer for value; award of general damages for wrongful litigation and denial of peaceful enjoyment.
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5 November 2021 |
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5 November 2021 |
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Long, unexplained delay and absence of record proof defeated alleged illegality and justified dismissal of extension application.
Land law – Extension of time – Alleged illegality as ground for extension – Illegality must be apparent on the face of the record – Locus standi and letters of administration – Inordinate/unexplained delay defeats reliance on afterthought irregularities.
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4 November 2021 |
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Court granted bail pending trial for alleged unlawful possession of a government trophy with prescribed securities and strict conditions.
* Criminal procedure – Bail pending trial under Economic and Organised Crime Control Act – s.29(4)(d) and s.36 – unlawful possession of government trophy (elephant tusk) – conditions for bail: monetary deposit or title deed, bond, two sureties, travel restriction and monthly reporting.
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3 November 2021 |
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Court set aside lower tribunals’ decisions for non-joinder, lack of locus standi and invalid Swahili judgment under s.32.
Land law – non-joinder of a necessary party; locus standi to sue for another; validity of tribunal judgment language under s.32 Cap.216 R.E.2019; revision jurisdiction to set aside irregular proceedings.
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3 November 2021 |
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Failure to follow section 127 in recording a child’s evidence vitiated proceedings, prompting revision and ordering a fresh trial.
* Evidence Act s.127 – child of tender age – requirements to determine understanding of oath or to obtain a promise to tell the truth – necessity of asking preliminary questions before recording evidence.
* Procedural irregularity by trial court – where error is attributable to the court, remedy may be revision and retrial rather than acquittal.
* Identification – sufficiency assessed in light of surrounding circumstances; Waziri Amani distinguished.
* Revision jurisdiction – exercise to vacate proceedings and order fresh trial where procedure defective but merits warrant retrial.
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3 November 2021 |
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A non-party affected by a tribunal decision may obtain extension of time where the decision is allegedly illegal and delay is excused.
Land law – extension of time – accounting for each day of delay – distinction between parties and non-parties – non-party affected by tribunal decision – illegality as ground for extension – revision jurisdiction.
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1 November 2021 |
| October 2021 |
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29 October 2021 |
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29 October 2021 |
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29 October 2021 |
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Appeal allowed: no proven land exchange and adverse possession improperly applied; appellant declared owner of the eight acres.
Land law – ownership dispute – alleged exchange of lands – burden to prove exchange; Adverse possession – inapplicable where possession is disputed and title claimed by exchange; Evidence – inconsistencies and failure to prove transaction undermine transfer claim.
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28 October 2021 |
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Court granted letters of administration after the caveat was withdrawn and the parties agreed, directing administration under the Probate Act.
* Probate — Grant of letters of administration — Parties’ agreement and withdrawal of caveat justify appointment of administrator. * Probate — Effect of abandoned intended will on administration. * Probate — Administration governed by Probate and Administration of Estates Act; letters of administration to be issued; six‑month administration period subject to court extension.
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28 October 2021 |
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Leave to appeal refused where dispute was factual, no evidence of re-allocation during Operation Vijiji, and legal issue was settled.
Land law — Operation Vijiji — Land Tenure (Established Villages) Act 1992 — effect of re-allocation on pre-existing rights; credibility of evidence in land disputes; leave to appeal — requirement of arguable or novel point of law.
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25 October 2021 |
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Appellate court upheld conviction on credible eyewitness and medical evidence, rejected uncorroborated alibi, but reduced the sentence for age/frailty.
Criminal law — grievous harm — credibility of eyewitnesses and corroboration by medical records (PF3) — alibi: burden and requirement for positive evidence — appellate assessment of sentence and reduction under s.366(1)(b) Criminal Procedure Act.
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25 October 2021 |
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High Court revised excessive bail, applying section 148(5)(e) CPA and the sharing principle to divide deposit and bond obligations.
Criminal procedure – Bail – Application of section 148(5)(e) CPA where offence involves actual money – Deposit of half the value and remainder by bond – Principle of sharing among jointly charged accused and their sureties – Revision under section 149 CPA.
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25 October 2021 |
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25 October 2021 |
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Restoration refused: traffic-jam excuse undeveloped and uncorroborated, no sufficient cause shown.
Restoration of appeal dismissed for want of prosecution; requirement to show sufficient cause; traffic jam not a special circumstance without particulars or corroborating affidavits; oral submissions not evidence.
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25 October 2021 |
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The applicant charged with unlawful possession of government trophies was granted bail subject to substantial security and travel restrictions.
Bail pending trial — Economic offence (wildlife trophies) — Conditions under s.36(5) Cap.200 — Security by cash or title deed (including third‑party property) — Two sureties with introduction letters — Surrender of travel documents and travel restriction.
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20 October 2021 |
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The plaintiff held superior title to 76 MD; 76 MD and 76 LD are distinct; defendants are trespassers; transfer, demolition and damages ordered.
Land law – urban survey and allocation – distinction between Medium Density (MD) and Low Density (LD) plots – effect of municipal survey on customary occupation – purchaser’s duty to search title – trespass – declaratory relief, transfer, demolition and damages.
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20 October 2021 |
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Application to restore a suit dismissed for want of prosecution granted for sufficient cause; restoration ordered without costs.
Civil procedure — Restoration of suit dismissed for want of prosecution — Sufficiency of cause (illness and attempted notice to advocate) — Exercise of discretion as to costs — Restoration without costs ordered.
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20 October 2021 |
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A tribunal judgment without recorded proceedings is invalid and warrants revision and a retrial with proper recording and site identification.
Land law – Ward tribunal proceedings – Judgment without recorded proceedings – Appellate tribunal's duty to remedy irregularity – Revision jurisdiction under s.43(1) Land Disputes Courts Act – Trial de novo and directions for site visit and sketch map – Costs: each party to bear own costs.
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8 October 2021 |
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Concurrent factual findings favoring the respondent were upheld; appeal dismissed for lack of misdirection, unfair hearing, or probative contrary evidence.
* Land law – ownership dispute over ancestral/neighboring upland – evaluation of oral testimony and sketch evidence – credibility and corroboration of witnesses.
* Appeal – interference with concurrent findings of fact – grounds for disturbing lower courts’ findings: misdirection, omission, misapplication of law, or denial of fair hearing.
* Evidence – delay in asserting title and hearsay weaken a claim to land.
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8 October 2021 |
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Court upheld limited asset distribution, quashed bank-deposit award and fixed maintenance, and applied Islamic law for custody.
Matrimonial property — proof and distribution — necessity to establish ownership and extent of contribution; deposit slips do not prove current bank balances; custody under Islamic law; maintenance requires proof of earning capacity; judicial duty to elicit relevant evidence (s.176 Evidence Act).
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4 October 2021 |