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1,018 judgments found.
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May 2026
Whether ex parte land judgments may be set aside after the statutory 30‑day period elapsed and after execution.
Land disputes
— Setting aside ex‑parte judgment — Setting aside ex parte proceedings and remitting for rehearing — Regulation 11(2) of GN No. 174 of 2003
— Revision of tribunal orders — Functus officio — Application to individual chairman versus institutional jurisdiction
— Procedural irregularity — Effect of executing decrees before later setting‑aside application is determined
12 May 2026
Respondent’s written family agreement and witnesses established ownership; locus in quo procedures were proper; appeal dismissed.
Land law — ownership of unsurveyed land — proof by sale agreements, inheritance and allocation documents
Trial procedure — Locus in quo — Recording of locus in quo visit — Requirements for meaningful visit: attendance, oath, cross‑examination, recording, sketch map (Kimonidimitri Mantheakis v Dewji)
11 May 2026
Appellant failed to prove source of title; locus in quo was properly conducted and appeal dismissed with costs.
Land law — Ownership dispute over unsurveyed land — Burden of proof to establish root of title and ownership
Civil procedure — Proper procedure for locus in quo visits — Duty to visit and conduct recorded evidence where location or boundaries are in dispute
11 May 2026
Court upheld written loan agreements, excused late filing due to unrest, dismissed appeal; costs order remitted to taxation.
Banking law — Unlicensed money‑lending — Interest unlawful and not recoverable where lender lacks statutory licence — Private interest-free loan distinction
Civil procedure — Appeals — late written submissions may be disregarded for failure to prosecute — Excusable delay due to public unrest
Contract law — Loan agreement — Proof of the amount and sanctity of written agreement — Onus to challenge signatures by cross-examination
7 May 2026
Striking out a land suit for non‑joinder was inappropriate; tribunal should have ordered joinder by amendment and rehearing.
Land law — Land disputes courts act s.13(4) — mediation/ward-tribunal referral
Civil procedure — Joinder of necessary parties — Joinder of necessary parties (CPC Order I r.10(2) and r.3) — Striking out inappropriate where amendment available
6 May 2026
A District Land and Housing Tribunal may execute a High Court appellate decree; incorrect execution form is not fatal without prejudice.
Civil procedure
— Execution of decree — Tribunal’s jurisdiction to execute High Court appellate decree — Civil Procedure Code s 32; Land Disputes Courts Act s 55(2)
— Execution documents — Whether non‑compliance with prescribed Form No. 3 vitiates execution proceedings — Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2003
Legal profession — Advocates’ professional conduct — Notaries/commissioners for oaths — Notaries Public and Commissioners for Oaths Act (Cap. 12) s 7
6 May 2026
April 2026
Minor witness inconsistencies and absence of DNA did not vitiate conviction; gang rape sentence replaced by life, terms concurrent.
Criminal law
— Rape and unnatural offence — Proving penetration and identification — DNA evidence not mandatory
— Concurrent versus consecutive sentences for offences of the same transaction — Same transaction — Consecutive sentences inappropriate absent exceptional circumstances
— Minimum Sentences Act — Mandatory/minimum penalty — Gang rape attracts life imprisonment under s.131A(2) (Minimum Sentences Act)
30 April 2026
Appeal dismissed; conviction upheld as age, penetration and identity were proved beyond reasonable doubt.
Criminal law — Sexual offences against a child — Rape — Proof required and role of medical evidence
Evidence
— Child witness of tender years — s 135(6) Evidence Act — Court may convict on credible evidence of a child of tender years
— Documentary proof — Birth certificate admissible to prove age
30 April 2026
Victim’s consistent testimony and corroboration sufficed to convict for rape and impregnating a schoolgirl; DNA not mandatory.
Criminal law
— sexual offences — Proof of age, penetration and identity — victim’s testimony as primary evidence
— sexual offences against a child — Proof of pupil status, pregnancy and paternity — DNA evidence not mandatory
30 April 2026
Earlier sale agreement prevailed; forgery not proven; respondent entitled to vehicle or TZS 3,500,000.
Contract — Sale of Goods — Competing sale agreements and priority of title — Application of nemo dat quod non habet
Evidence — Allegations of fraud/forgery — Heightened standard of proof — Need for expert handwriting or forensic evidence
Damages — Return of chattels/specific restitution — Entitlement to return of vehicle or actual proven purchase price — Measure of compensation for chattel loss
28 April 2026
Alleged illegality must be apparent on the record to justify extension of time under section 44(2) LDCA.
Civil procedure — Extension of time to appeal — Allegation of illegality must be apparent on the face of the record — Land Disputes Courts Act s 44(2)
23 April 2026
Revision granted: tribunal’s decision quashed for breach of right to be heard and improper review of a broker’s clerical error.
Administrative law — Natural justice
Land law — Revision jurisdiction — High Court powers
22 April 2026
Agreements were for mining facilitation with repayment conditional on production; only TZS 16,300,000/= proved and awarded.
Civil procedure — Contract interpretation — Condition precedent — Repayment contingent on successful production
Contract law — Characterisation of agreement — Loan versus mining-facilitation agreement
Evidence — Proof of monetary claim — Requirement of documentary or clear evidence for separate loans
22 April 2026
Conviction for malicious damage quashed for insufficient evidence; appellate sentence enhancement and compensation unsupported.
Criminal law — Malicious damage to property — Proof of ownership, nature and extent of damage, causation and malice
Criminal procedure — Appeal — Enhancement of sentence and award of compensation without evidential basis or reasons
22 April 2026
Convictions quashed where age and penetration proved but identity of perpetrator was not established beyond reasonable doubt.
Criminal law
— Evidence — Medical evidence and forensic proof — Medical findings can establish penetration but may not determine perpetrator or paternity
— sexual offences — Statutory rape/impregnating schoolgirl — Proof required: age, penetration, identity
Criminal procedure — Evidence — Victim's testimony — Credibility, delay in naming suspect and need for careful scrutiny
20 April 2026
Repudiated cautioned statement required inquiry; conviction on both theft and possession of same property disallowed.
Criminal law — admissibility of cautioned statement
— chain of custody
— corroboration required for co-accused’s confession
— duplicative convictions
— duty to conduct inquiry when statement repudiated
— sentencing limits for possession of suspected stolen property
16 April 2026
Appeal dismissed; prosecution proved unnatural offence via credible identification and medical corroboration; PF3 admissible.
Criminal law — Unnatural offence
— admissibility of medical report
— arrest and interrogation
— delay in reporting
— evaluation of defence
— identification evidence
— medical corroboration (PF3)
13 April 2026
Failure to prove lawful sampling and independent corroboration of DNA evidence led to acquittal of the accused.
Criminal law — Murder — identification
— admissibility and reliability of expert forensic evidence
— reliance on DNA evidence
8 April 2026
A grantor of an easement may sue for encroachment; encroaching structures must be removed, not ownership declared.
Land law — Easement — Encroachment by neighbour’s permanent structure — Locus standi of grantor of easement to sue — Demolition remedy
1 April 2026
March 2026
Applicants failed to prove lawful acquisition; land designated and allocated to a conservation body; suit dismissed.
Land law — Village land allocations — statutory requirement for village council and village assembly approvals — Wildlife Management Area/conservation designation — reliance on survey and Gazette evidence to establish title and boundaries
27 March 2026
Conviction for rape of three minors quashed due to unreliable medical and witness evidence and misapprehension by trial court.
Criminal law — sexual offences — Rape of minors — Proof of age, penetration and identity in child sexual offence cases
Evidence
— Medical evidence (PF3) — Limited to contents of PF3
— Witness credibility and procedure — Assessment of child complainants, inconsistencies, non-appearance of social welfare officer and drawing adverse inferences
27 March 2026
Re-taxation showed disallowance exceeded one-sixth; under Order 48 the whole bill must be rejected; reference allowed.
Civil procedure — Taxation of costs — Advocate Remuneration Order (GN No.263/2015)
— effect where more than one-sixth of a bill (exclusive of court fees) is disallowed
— instruction fee
— re-taxation powers and review of taxing officer’s discretion
27 March 2026
Appellant failed to prove source of title; respondent established ownership by a documented chain of title, appeal dismissed with costs.
Land law — proof of ownership — balance of probabilities — appellate re-evaluation of evidence
26 March 2026
Whether execution exceeded the decreed parcel and whether the tribunal properly relied on the broker’s report and locus inspection.
Land law — Execution of decree — whether execution exceeded decreed boundaries — tribunal broker’s role and report — weight of locus in quo inspection and documentary boundary descriptions
26 March 2026
Appeal dismissed: custody order upheld as based on children’s best interests; maintenance enforcement requires a separate Rule 87 application.
Civil procedure — Res judicata — Inapplicable where causes differ — Res judicata/res sub‑judice not engaged where different causes and orders
Family law
— Child custody and access — Best interests of the child — Consideration of social inquiry report under s39 Law of the Child Act
— Enforcement of maintenance orders — Rule 87 Law of the Child (Juvenile Court Procedure) Rules, 2016 — Procedure for enforcement of maintenance orders
26 March 2026
Revision court improperly set aside letters of administration; Primary Court's grant upheld for proper citation and hearing.
Probate law — Revocation of letters of administration vs caveat — Compliance with general citation under Primary Courts
26 March 2026
Appellate court erred by relying on an unadmitted document; claimant failed to prove the alleged debt on balance of probabilities.
Civil procedure
— appellate re-evaluation of evidence
— Evidence — documents annexed to pleadings are not evidence unless tendered and admitted
26 March 2026
Failure to make a formal ex parte order before proceeding in a party’s absence nullified tribunal proceedings and warranted a fresh hearing.
Appellate practice — Competence of appeal — Defect in advocate's signature cured by party participation and joint written submissions
Land disputes — Ex parte judgment — Natural justice and requirement for formal ex parte order under Regulation 11(1) — Land Disputes Courts (District Land and Housing Tribunal) Regulations GN No. 174 of 2003
26 March 2026
Appellants’ pre-Act village allocation letters valid; 2004 allocations invalid for non‑compliance with Village Land Act, appeal allowed.
Land law — Village land allocation — validity of allocation communications
26 March 2026
Where a registered title’s validity is contested, the Registrar and Commissioner must be joined; failure to comply with Government Proceedings Act grounds suit to be struck out.
Civil procedure
— Joinder of necessary parties — Land ownership dispute and effectiveness of judgments in absentia of crucial administrative parties — Government Proceedings Act s.6
— Non-joinder — striking out — Striking out where statutory procedures to sue government not complied with
Land law — Registered land — Registered/surveyed land — Absence of title‑issuing authorities may render decision unenforceable
25 March 2026
Court reduced taxed costs as excessive, substituting instruction fees and reducing transport/attendance allowances.
Legal profession — Advocates remuneration order
— Instruction fees (Ninth Schedule)
— Attendance and transport allowances (Eighth Schedule)
— Requirement of record support for attendances and receipts
— Revising taxing officer’s award
— taxation of costs
24 March 2026
Conviction for obtaining money by false pretences upheld; restitution order valid despite prior civil ownership finding.
Criminal law
— Obtaining Money by False Pretences — Elements: false representation and intent to defraud — Conviction can stand despite prior civil ownership determination
— Restitution — Court may order repayment of money obtained by false pretences despite prior civil ownership ruling
Criminal procedure — Evidence — Production and admissibility of exhibits — Non‑production of written sale agreement not fatal where document was entrusted to accused and disappeared
23 March 2026
Government Chemist report improperly admitted and retracted confession uncorroborated; conviction quashed.
Criminal law — Narcotics offences — Admissibility of Government Chemist report — Requirement that analyst testify and proper production of chemical analysis
23 March 2026
Whether the administrator proved title to disputed land on the balance of probabilities and whether suit was time‑barred.
Evidence — admissibility of documentary evidence — Reliance on untendered annexure/letter and its effect on judgment
Land law — proof of ownership — standard of proof on balance of probabilities
Limitation law — recovery of land — time bar (12 years)
19 March 2026
Failure to read exhibits aloud and unreliable identification made the rape conviction unsafe; appeal allowed.
Criminal law
— Evidence — Admissibility of exhibits — Reading of admitted exhibits aloud (s 36(4) Evidence Act)
— identification evidence — Visual identification — Necessity of identification parade where identity is uncertain
Criminal procedure — burden of explanation where accused is found in recent possession of stolen property — Proof beyond reasonable doubt — Conviction unsafe where identity not proved
19 March 2026
High Court affirms existence of customary marriage, finds respondent contributed to assets, and re-orders division prioritising parties' welfare.
Family law — Customary (ndoa dhania) marriage — Proof by cohabitation and community recognition
Family law — Division of matrimonial property — proof of contribution by both spouses
Family law — Proper approach to division
— Court sets aside fixed-percentage allocations
— welfare of parties post-divorce
19 March 2026
The applicants' rape convictions were quashed for failure of the prosecution to prove guilt beyond reasonable doubt.
Criminal law — Rape
— contradictions in prosecution witnesses
— delay in medical examination
— Identification evidence
— Proof beyond reasonable doubt
12 March 2026
Whether gang rape was proved beyond reasonable doubt by victim testimony, medical evidence, witness apprehension, and appellant's confession.
Criminal law — gang rape
— appellate re-evaluation of evidence
— corroboration by medical report and appellant's cautioned statement
— DNA not mandatory
— identification
— proof of penetration, lack of consent and multiple perpetrators
12 March 2026
An unlawful caution statement was expunged; conviction upheld and sentence substituted with life imprisonment.
Criminal law
— Evidence — Admissibility of cautioned statements — Time limits for recording and inadmissibility if recorded outside statutory period (section 50 CPA)
— Unnatural offence (s.154 Penal Code) — carnal knowledge entails penetration
Criminal procedure — Arrest and detention — Detention beyond 24 hours and charge‑sheet particulars — Effect on trial
9 March 2026
Contradictory eyewitness evidence and an uncorroborated dying declaration led to acquittal for lack of proof beyond reasonable doubt.
Criminal law — Murder: elements — death, causation (actus reus), and malice aforethought (mens rea) — Proof beyond reasonable doubt
Evidence
— Dying declaration — admissibility and need for corroboration
— Failure to call material witnesses — adverse inference for failure to call material witnesses
6 March 2026
An admissible unavailable-witness statement and reliable identification defeated an uncorroborated alibi, supporting a murder conviction.
Criminal law
— Defence of alibi — Whether an uncorroborated alibi raises reasonable doubt — Requirement of corroboration and effect when uncorroborated
— Murder — elements: death, unlawful act, causation and malice aforethought — Proof by identification and circumstantial evidence
Evidence — statements of unavailable witnesses — Admissibility and weight of witness statements where witnesses are unavailable for cross-examination — Requirement of reasonable steps and corroboration
6 March 2026
Delivery of goods may discharge a debt, but an under-valued delivery permits recovery of the contractual balance.
Contract law — Sale of goods act s37
— appellate re-evaluation of evidence
— creditor's right to damages for value shortfall
— discharge by delivery vis-à-vis right to claim balance for under-valued delivery
— proof of value by oral evidence
4 March 2026
High Court refused to interfere with DLHT taxation award absent error in principle, dismissing the applicant's reference with costs.
Civil procedure
— Bill of Costs — Proof of items claimed (receipts, EFD, fuel) in taxation proceedings
— Right to be heard — Preliminary objection at taxation hearing — Requirement to hear and determine points of law first
— Taxation of costs — review of taxing master’s discretion — Whether interference justified for injudicious exercise or wrong principle
2 March 2026
February 2026
Neither party proved title; appellate court quashed the decision, preserved status quo and ordered each party to bear its costs.
Land law
— Admissibility of instrument as sale agreement — requirements and clarity of document
— proof of title — parties bound by pleadings — departures from pleadings may be disregarded
— Standard of proof in civil land disputes — balance of probabilities and assessment of witness credibility
— Trial tribunal’s reliance on an ambiguous document — misdirection and ground for setting aside judgment
26 February 2026
Appeal dismissed where rape proved by victim’s account, medical PF3 and appellant’s caution statement.
Criminal law — Evidence
— missing arresting officer not fatal
— victim’s testimony, medical PF3, caution statement as corroboration
Criminal law — Rape: elements — penetration, absence of consent, and identification
26 February 2026
Brief outpatient medical treatment did not constitute sufficient cause to set aside an ex parte Tribunal decision.
Administrative law — Right to be heard — Tribunal duty to inquire into reported illness before closing a party’s case for non-appearance
Civil procedure — Setting aside ex parte judgment — Sufficient cause — medical evidence of illness as justification for non‑appearance
Evidence — Medical proof of incapacity — Laboratory results insufficient without certification/treatment by a qualified practitioner. Application dismissed with costs where explanation for non-appearance is unsubstantiated
24 February 2026
Appeal struck out for lacking notice; trial vitiated for failing to determine if accused had a case, retrial ordered.
Criminal procedure — Notice of appeal mandatory (s382(1)(a) CPA) — Trial irregularity — Revisional powers of High Court (s44(1)(a) MCA) — Proceedings vitiated, conviction quashed, retrial ordered before another magistrate
24 February 2026
A party alleging non‑service must apply to set aside an ex parte land tribunal judgment, not seek extension to appeal.
Land disputes — Ex parte judgment — Remedy for non‑service — Application to set aside vs appeal — GN No.174/2003 Reg.11(2) limited to served but absent parties
24 February 2026
A Mareva application is incompetent without proved service of the 90‑day statutory notice to the Solicitor General.
Administrative law — Government proceedings act s.6(2) — prerequisite to instituting Mareva injunction — inadmissibility of unpleaded evidence at hearing — locus standi and competence
23 February 2026
Cautioned statement recorded in breach of CPA ss.51/58 is expunged, leading to quashing of conviction.
Criminal procedure — Cautioned statement — mandatory compliance with CPA ss.51 and 58
Criminal procedure — expungement
— conviction unsustainable if based solely on expunged statement
— DPP consent requirement
— sketch-map attendance not mandatory
20 February 2026