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Citation
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Judgment date
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| December 2024 |
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A court deciding an unpleaded locus standi issue without hearing parties breaches natural justice and will be set aside.
Civil procedure — pleadings as roadmap — court should not decide issues not pleaded without inviting parties to address them; locus standi — jurisdictional issue — must be considered with parties given opportunity to be heard; right to be heard/natural justice — sua sponte rulings require notice and opportunity to address; remedy — setting aside and remittal for rehearing.
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19 December 2024 |
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An unequivocal guilty plea precludes challenging conviction; appeal dismissed and sentence upheld.
* Criminal procedure plea of guilty whether plea is equivocal or unequivocal; * Voluntariness allegation of police coercion and timing of complaints; * Evidence requirement to call prosecution witnesses where accused pleads guilty; * Appeals limits under s.360(1) CPA; * Sentence challenge limited to extent or legality.
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16 December 2024 |
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Application challenging trade-union election was premature for failing to exhaust internal remedies and was struck out.
Labour law – Trade union elections – Requirement to exhaust internal remedies under s.53(1) & (2) ELRA before Labour Court – Premature filing of application renders it incompetent – Court may, in discretion, hear matter if in best interests but not exercised here.
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16 December 2024 |
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Registered titleholder prevails absent proof of unlawful procurement; occupant ordered to vacate.
Land law – Competing claims to registered land – Registered certificate of title prevails absent proof of unlawful procurement; possession and unregistered receipts insufficient to displace title; proof of lawful allocation and registration by municipal land officer; costs follow event.
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16 December 2024 |
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16 December 2024 |
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Plaintiffs proved ownership and possession; defendants failed to prove village title, leading to declarations and compensation/alternative land.
* Land law – proof of ownership – oral evidence of long possession, inheritance and purchase sufficient on balance of probabilities.* Land disputes – trespass – necessity for defendant to prove prior/control title to displace possessory evidence.* Evidence – hearsay is of no evidential value; documentary village records not produced weigh against defendant.* Government Proceedings Act – 90‑day notice; late re‑raise of non‑compliance not fatal where AG/SG informed and litigation proceeded.
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13 December 2024 |
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13 December 2024 |
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Plaintiffs failed to prove ownership of disputed land; claim dismissed and each party to bear its own costs.
Land law – proof of ownership – onus on claimant to prove title; Evidence – oral testimony and documentary proof; Village land rights – minutes of village meeting as evidence; Failure to call transferors or produce documents undermines land claims; Costs – each party to bear own costs where case dismissed for failure of proof.
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13 December 2024 |
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Successor district councils that shift payment responsibility may be jointly liable for unpaid contract balances when liability is not proved otherwise.
* Contract law – performance and payment – contractor completed works and received partial payment; unpaid balance after local government split.
* Administrative law – liability allocation after district division – successor councils shifting responsibility.
* Evidence – requirement to tender contract terms to prove termination or liquidated damages; failure to prove termination defeats defence.
* Remedies – award of unpaid balance (as admitted), general damages, interest and costs.
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13 December 2024 |
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13 December 2024 |
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Court convicted three accused of murder based on recent possession, confessions and established malice; a fourth was acquitted.
* Criminal law – Murder – proof beyond reasonable doubt where evidence is circumstantial
* Circumstantial evidence – doctrine of recent possession; identification of stolen property by unique marks
* Admissibility and weight of cautioned and extra-judicial statements even if retracted
* Malice aforethought – inferred from weapon used, force, tying and airway obstruction
* Acquittal where no direct or strong circumstantial link to killing
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13 December 2024 |
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Circumstantial evidence and a retracted cautioned statement proved murder; both accused convicted and sentenced to death.
Criminal law – Murder – Cause and nature of death established by post‑mortem; Circumstantial evidence – sudden acquisition of wealth and recovery of exhibits as corroboration; Retracted cautioned statement – may ground conviction if the court is satisfied of its truth; Oral confession before third parties admissible if voluntary; Malice aforethought under s.200 Penal Code established by weapon, force, targeted head blows and nature of injuries.
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13 December 2024 |
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Accused acquitted of murder where identification evidence was unreliable and prosecution failed to prove guilt beyond reasonable doubt.
Criminal law – Identification evidence – must be watertight; failure to call material witnesses; doubt resolved for accused; acquittal where prosecution fails to prove murder beyond reasonable doubt.
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13 December 2024 |
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Acquittal where circumstantial evidence failed to exclude reasonable alternative hypotheses; threats and absence of eyewitnesses insufficient.
* Criminal law – Murder – Circumstantial evidence – Abdul Muganyizi test: inculpatory facts must be incompatible with innocence and incapable of explanation on any reasonable hypothesis other than guilt. * Criminal law – Evidence – threats, prior quarrels and being last with deceased insufficient for conviction. * Criminal procedure – Failure to call material witnesses (local leaders) weakens prosecution’s case. * Forensic/medical evidence – cause of death (traumatic brain injury) insufficient alone to establish perpetrator.
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13 December 2024 |
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Plaintiff proved ownership by long possession; partial general damages (TZS 5,000,000) awarded for trees, costs follow the event.
* Land law – ownership by long possession – burden of proof and assessment on balance of probabilities.
* Evidence – credibility of oral testimony and weight where documentary proof absent (Hemed Said principle).
* Damages – claim for harvested trees: necessity to prove number, size and value; court may assess general damages if precise proof lacking.
* Procedure – ex parte consequences where defendant fails to appear after substituted service.
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13 December 2024 |
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The plaintiff proved ownership of the disputed 200‑acre land; the respondent’s contradictory, undocumented claim failed.
Land law – proof of ownership – burden under s.110 Evidence Act – credibility and material contradictions – customary acquisition (clearing/kushika) and village allocation – failure to produce probative title documents.
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12 December 2024 |
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Dismissal for non-appearance set aside where counsel's illness and travel, evidenced by documents, established sufficient cause.
* Civil procedure – Order IX Rule 6(1) CPC – setting aside dismissal for non-appearance – sufficiency of reasons.
* Evidence – documentary proof of counsel’s incapacity or absence (hospital letter, visa) – admissibility and weight where no counter-evidence alleged.
* Hearsay – objections to attached documents and need for counter-affidavit to allege forgery.
* Right to legal representation – relevance to whether hearing would have proceeded.
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12 December 2024 |
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Appeal allowed: material contradictions and unreliable evidence meant corruption charges were not proved beyond reasonable doubt.
* Criminal law – Corrupt transactions under section 15(1) and (2) PCCA – elements and burden of proof; * Evidence – material contradictions and variances between testimony and charge; * Electronic evidence – admissibility, provenance and weight of exhibits; * Failure to call material witnesses and potential adverse inferences; * Conviction quashed where prosecution failed to prove case beyond reasonable doubt.
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10 December 2024 |
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Prosecution proved death from sharp-force injuries and the accuseds’ involvement; absence of malice reduced offence to manslaughter, each sentenced to 20 years.
Criminal law – Homicide – Distinction between murder and manslaughter where death results from a fight; identification by single eye-witness; corroboration by medical and police evidence; admissibility and weight of alibi under section 194 CPA; sentencing for high-level manslaughter.
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6 December 2024 |
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The applicant’s prior letter of offer conferred ownership; later certificates were irregular and respondents are trespassers.
Land law – allocation and letter of offer v. subsequently issued certificate of occupancy – priority of prior allocation; Proof and onus – failure of purchasers to prove lawful acquisition; Trespass – erection of structures on allocated land; Administrative negligence – liability of land authorities for wrongful registration; Remedies – declaratory orders, demolition/removal of structures, general damages and costs.
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5 December 2024 |
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Chairman may lawfully conclude tribunal proceedings despite an absent assessor; defective pleadings and lack of boundary evidence nullify land proceedings.
* Land disputes – assessors’ absence – chairman may continue proceedings under s.23(3) Land Disputes Courts Act; s.24 requires consideration but does not bind chairman. * Civil procedure – defective pleadings – failure to describe suit land (size/boundaries) renders proceedings incapable of proper determination. * Appeal – inadequate evidence on nature of claim (ownership v. encroachment) justifies setting aside tribunal decisions. * Court criticism of excessive delays and record supply failures.
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5 December 2024 |
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An appeal filed after the 45-day limit is time-barred and dismissed absent an extension application.
Civil procedure – Limitation – Appeal filed out of the prescribed 45-day period – Admission by court registry does not validate late filing – Application for extension of time required and each day of delay must be accounted for – Appeal dismissed with costs.
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4 December 2024 |
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Court granted 30‑day extension to lodge appeal due to a technical delay and prompt, diligent steps by the applicant.
Civil procedure – extension of time to file appeal – delay described as technical where prior appeal struck out for lack of affixed decree – promptness and diligence in lodging fresh application – unopposed application; discretion on costs.
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3 December 2024 |
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Failure to join the Commissioner for Lands rendered the tribunal’s land dispute proceedings and judgment a nullity.
Non‑joinder of necessary parties (Commissioner for Lands/local council) – effect on jurisdiction; Government Proceedings Act – joining government ousts tribunal’s jurisdiction; non‑joinder causes nullity of proceedings and judgment; reliance on precedent (Msoffe) => annulment; court cannot order trial de novo; suo motu raising of anomaly and costs consequences.
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2 December 2024 |
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Primary court may appoint an heir as administratrix, but appointing a village chair without proving impartiality was unlawful.
Probate and administration – Primary court powers under Rule 2(a) and 2(b), 5th Schedule to the Magistrates’ Courts Act – Appointment of administrators including non‑petitioning heirs and reputable impartial persons – Requirements: interest, reputation, impartiality, ability and willingness – Right to be heard – Inventory and accounts procedure and remittal.
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2 December 2024 |
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Plaintiff proved unpaid vehicle maintenance claim; clerical pleading error curable; judgment for TZS 26,870,479.74 plus 7% interest and costs.
* Contract law – breach for non-payment of services – entitlement to damages under section 73 of the Law of Contract Act.
* Civil procedure – pleadings vs evidence – curable clerical errors do not defeat a claim where no miscarriage of justice occurs.
* Evidence – proof of debt by invoices and supporting documents (proforma invoice, tax invoice, delivery note, LPO).
* Remedies – award of judgment sum, post-judgment interest and costs.
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2 December 2024 |