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Citation
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Judgment date
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| April 2026 |
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Interim injunction granted restraining bank from selling disputed land after applicant met the three-part injunction test.
Temporary injunction — requirements: prima facie case, irreparable harm, balance of convenience — restraint on sale/auction of disputed land — Order XXXVII r.1(a) & s.95 CPC — non-opposition by respondents
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17 April 2026 |
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Plaintiff failed to prove municipal allocation; suit dismissed and title-processing payments ordered refunded.
Land law – allocation versus title-processing; burden of proof on claimant; administrative payments not equivalent to acquisition costs; absence of title deed; refund of processing fees
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17 April 2026 |
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Technical delay from withdrawing a timely-filed challenge can justify an extension to seek judicial review leave.
Limitation — Extension of time — Technical delay caused by withdrawal of a timely-filed application — Judicial review leave — Discretion, promptness and diligence — Respondent’s concession not binding
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17 April 2026 |
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Allegations of fraud to impeach registered land title require higher proof; registered titles upheld and suit dismissed.
Land law – Registered title and validity – Challenge to title based on alleged fraud and procedural impropriety – Requirement for heightened standard of proof for allegations of fraud – Loan and handing-over agreements, village approval, survey and issuance of title deeds
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17 April 2026 |
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Appellant failed to prove ownership or adverse possession; trial tribunal's finding that land formed part of deceased's estate upheld.
Land law – ownership dispute over parcel forming part of deceased's estate; burden of proof on claimant; evaluation of evidence; adverse possession requirements; admissibility of letters of administration
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16 April 2026 |
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Non‑joinder of an alleged middleman seller does not invalidate a land decree; appellants must confine submissions to pleaded grounds.
Land law – sale by instalments and occupation – possessory/equitable rights – part‑performance and estoppel – non‑joinder and necessary party test – appellate review constrained by pleadings
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14 April 2026 |
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Appeal upheld for principal loan recovery but interest unproven; borrower failed to prove repayment by deduction from gold sale.
Contract and evidence — Loan repayment — burden of proof on party asserting repayment by set-off; interest claimed on oral terms requires corroboration; electronic evidence requirements for SMS printouts
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13 April 2026 |
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Appellate court quashed sexual‑abuse conviction where date was unproven and material child witnesses were not called.
'Sexual offences' – child of tender age; identification by recognition; no identification parade required where victim recognises suspect; Evidence Act s.135(6) — no corroboration required but credibility essential; failure to call material witnesses — adverse inference; proof of date of offence required
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13 April 2026 |
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Defective DPP consent and failure to prove seizure/chain of custody vitiated firearm and grievous-harm convictions; appeal allowed and convictions quashed.
Criminal law — Jurisdiction and DPP’s consent — Economic offences — Requirement to cite statutory provisions in consent — Defective consent vitiates trial; Evidence — Certificate of seizure and chain of custody for exhibits; Unlawful possession of firearm and ammunition; Definition and proof of grievous harm; Identification of assailant
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13 April 2026 |
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Amendment exceeding the court's leave by introducing new facts rendered the amended application incompetent and was struck out.
Civil procedure — Amendment of pleadings — Scope of leave to amend — Amended affidavit must not introduce new facts beyond the court's order — Pleadings replaced upon amendment — Incompetence and striking out of amended application
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10 April 2026 |
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Applicant’s dismissal set aside for lack of evidence of theft; awarded compensation, notice pay and severance.
Labour law — unfair termination; proof of misconduct — insufficiency of circumstantial evidence; disciplinary procedure — investigation report and service; remedies — compensation, notice pay, severance; repatriation costs — contractual interpretation of 'point/place of hire'
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1 April 2026 |
| March 2026 |
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31 March 2026 |
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A generic medical letter did not prove sufficient cause to set aside a dismissal for non-appearance; application dismissed with costs.
Civil procedure — Rule 28 — setting aside dismissal for non-attendance — sufficiency of cause — medical certificate/letter must show incapacity to attend — failure to notify court or arrange representation undermines application
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31 March 2026 |
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Administrator may lawfully sell estate land absent proof of prior lawful distribution; bona fide purchaser’s title upheld.
Land law — jurisdiction of land courts; Probate law — administrator duties, Form Mirathi‑5/6 (inventory and accounts); Burden of proof — preponderance of probabilities; Administrator’s power to sell estate property; Bona fide purchaser protected.
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27 March 2026 |
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Court dismissed revision; upheld twelve-month compensation but set aside unsupported pending leave and severance awards.
Labour law – unfair termination – compensation limits under ELRA s41(1) – discretionary award – burden of proof for leave and severance – clerical correction under s91 ELRA – execution challenges inappropriate in revision.
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27 March 2026 |
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Appeal dismissed where the applicant failed to prove purchase and ownership of the disputed land, leaving the tribunal's findings undisturbed.
Land law – ownership by purchase – burden of proof on claimant to prove acquisition on balance of probabilities – failure to produce sale agreement and call key witness; Evidence – weight of testimony, unchallenged facts, immaterial inconsistencies and hearsay; Appellate review – tribunal findings on credibility and onus respected.
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26 March 2026 |
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A land tribunal lacks jurisdiction over competing heirs' claims to deceased's property; probate court has exclusive jurisdiction.
Jurisdiction — Probate and administration jurisdiction — Competing claims between heirs over deceased's property — Land tribunal lacked jurisdiction — Proceedings nullified under s.47(1)(b) Land Disputes Courts Act.
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25 March 2026 |
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Missing substituted charge sheet vitiated the record; court quashed convictions and ordered a retrial.
Criminal procedure – Record of appeal – substituted charge sheet is an essential document; its absence prevents appellate determination. Remedies – where the trial record is incomplete or vital documents are missing, court may quash proceedings and order retrial. Evidence and procedure – inability to reconstruct record limits assessment of trial legality.
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24 March 2026 |
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Extension of time granted where prison-controlled delay in filing notice of appeal constituted sufficient cause.
Criminal procedure – extension of time under s.382(2) – sufficient cause – incarcerated appellant’s lack of control over transmission of notice – technical delay.
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23 March 2026 |
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Application to imprison a judgment debtor struck out as premature absent proof other execution modes failed or bad faith.
Civil procedure — Execution — Committal of judgment debtor as civil prisoner — Arrest and detention a last resort — Order XXI r.41(1),(2) — must prove failure of other execution modes and bad faith (transfer/concealment, refusal to pay despite means, likelihood of absconding).
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23 March 2026 |
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Reference under Advocate Remuneration Order dismissed; only final taxing decisions, not interlocutory rulings, are referable.
Advocate Remuneration Order — jurisdiction of reference; interlocutory vs final decisions; rule 7 time limit (21 days); correction of pleading dates; issues not raised in originating affidavit cannot be adjudicated; challenge to withdrawal order not proper in unrelated reference.
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19 March 2026 |
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Whether the appellant proved lawful auction purchase and superior priority over an earlier purchaser of mortgaged land.
Land law – ownership disputes over mortgaged property – evidential sufficiency of sale agreement (signatures, consideration) – burden of proof – auction sale procedures and statutory notices – priority of competing securities (registration, chronology, possession) – adverse inference for failure to call material witnesses.
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18 March 2026 |
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Claimant's appeal dismissed for failure to prove root of title, boundaries and continuous possession; burden of proof rests with claimant.
Land law — burden of proof in civil land claims — necessity to prove root of title, precise boundaries and uninterrupted possession — Section 117 Evidence Act — dismissal for failure to establish prima facie ownership
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18 March 2026 |
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High Court varied excessive bail, ordering equal division of required security or alternative immovable property security.
Bail — statutory right — variation by High Court under s.151(3) and s.152 CPA; Excessive cash-deposit orders; s.151(5)(e) where alleged property exceeds TZS 10,000,000; Division of security among co-accused; Alternative immovable-property security allowed
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18 March 2026 |
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Charge defective for omitting section 258 and mens rea; civil remedies should have been exhausted before criminal prosecution.
Criminal law – Stealing by agent; necessity to charge substantive offence (s.258) and mens rea when using s.273(b); civil remedies exhaustion (s.4(3) CPA); nullity of criminal proceedings; s.395(1)(a) CPA.
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18 March 2026 |
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18 March 2026 |
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Failure to comply with mandatory ward‑tribunal mediation and unclear representative capacity renders DLHT proceedings a nullity.
Limitation of actions – accrual of cause of action; District Land and Housing Tribunal jurisdiction – mandatory ward‑tribunal mediation and locus standi; Representative capacity – administrator must be clearly shown in title; Electronic filing and certification – computation of appeal time; Defective mediation certificate renders DLHT proceedings nullity.
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18 March 2026 |
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Conviction quashed where recent-possession doctrine misapplied and crucial exhibits and phone evidence were unproven.
Criminal law – cattle theft – doctrine of recent possession requires accused be found with property or clear nexus – burden of proof beyond reasonable doubt – failure to tender seized property or certificate undermines prosecution – unproven mobile phone evidence – uncorroborated witness evidence treated with caution.
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17 March 2026 |
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The appellant's rape conviction upheld: credible victim testimony with medical and admission corroboration sufficed despite uncalled witnesses.
[Sexual offences] Victim's testimony as primary evidence; [Corroboration] PF3 and cautioned statement; [Evidence Act s.135(6)] uncalled complaint witnesses not material to rape elements; [Penetration] slight penetration sufficient; [Credibility] acquittal on separate count does not automatically vitiate rape testimony
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16 March 2026 |
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16 March 2026 |
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An accused's oral and written confessions plus demonstration to police can constitute a confession leading to discovery, supporting conviction.
Confession — oral and written statements and conduct — confession leading to discovery; Identification — non‑identification at scene not fatal where confession corroborates; Recent possession doctrine — not essential where credible confession and demonstration; Alibi — requirement of notice and supporting evidence.
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16 March 2026 |
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Applicant granted extension where illness was proved and the lower court miscounted the delay and misappreciated evidence.
Civil procedure — Extension of time — Good cause — Illegality must be particularised in affidavit — Sickness evidenced by hospital document can establish good cause if uncontroverted — Appellate interference where discretion exercised unjudiciously.
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16 March 2026 |
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16 March 2026 |
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Delay in obtaining court records while in custody can constitute sufficient cause to extend time for filing an appeal.
Extension of time — sufficient cause — delay in obtaining judgment/records while in custody — criminal appeals decided on merits over technicalities — Court of Appeal Rules (Rule 68(1))
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16 March 2026 |
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16 March 2026 |
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Defective identification parade did not invalidate conviction where recent possession and other circumstantial evidence firmly linked the appellant to armed robbery.
Criminal law — visual identification and identification parade — requirement of prior description; Circumstantial evidence — recent possession and recovery of stolen property; Cautioned statement — procedural irregularity not necessarily vitiating conviction; Non-arrest of third party — accused cannot benefit from his own creation.
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16 March 2026 |
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Court grants letters of administration to petitioners in intestacy, imposing inventory, account and completion timelines.
Probate law – letters of administration – intestacy – due diligence in searching for a will – citation and absence of caveat – family meeting recommendation – appointment of co-administrators – filing inventory and final account with fixed timelines
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13 March 2026 |
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Applicant must exhaust the statutory appeal under section 102(1) of the Land Registration Act before seeking judicial review.
Land Registration Act s102(1) – appeal against Registrar of Titles’ decisions – lex specialis prevails over judicial review – preliminary objection on competence under Mukisa Biscuit – exhaustion of statutory remedy required before judicial review
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13 March 2026 |
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13 March 2026 |
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An appeal lodged after expiration of statutory and court-granted extension is incompetent and was struck out.
Criminal Procedure Act s.382(1),(2) – time limits for notice and petition of appeal – court-granted extension – incompetence and striking out of appeals filed after expiry of statutory or extended time
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13 March 2026 |
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Court found the preliminary objection was determined, other grounds abandoned, and dismissed the appeal with costs.
Land dispute; preliminary objection; court records presumed accurate; non-joinder/jurisdictional objection; abandonment of appeal grounds; appeal dismissed with costs.
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13 March 2026 |
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General allegations of illegality and unproven financial hardship do not justify extension of time to appeal.
Civil procedure – extension of time – condonation – applicant must account for each day of delay – allegation of illegality must be apparent on the face of the decision and pleaded in the affidavit – financial hardship or seeking legal aid insufficient without evidence.
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12 March 2026 |
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The applicant’s prior court-auction purchase and certificate of sale defeated subsequent attachment in execution.
Objection proceedings under Order XXI — Attachment in execution — Ownership by purchaser at court auction — Order XXI Rule 92(1) — nemo dat quod non habet — burden of proof on objector
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12 March 2026 |
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Court has jurisdiction to hear extension requests post-s44 invalidation but cannot revive a claim already adjudged time-barred; application dismissed.
Civil procedure — limitation — effect of constitutional invalidation of s.44 LLA on court jurisdiction; functus officio — relitigation of claims adjudged time-barred; extension of time cannot revive a dismissed/time-barred claim.
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12 March 2026 |
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Extension of time granted where a timely appeal was struck out for procedural defect; brief subsequent delay excused.
Land disputes — extension of time to appeal — technical delay where a timely appeal is struck out for procedural incompetence (lack of decree) — negligence penalised at striking out — requirement to account for delay.
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10 March 2026 |
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The appellant's oral confession and corroborating evidence were upheld as sufficient to sustain burglary and stealing convictions.
Criminal law – Burglary and stealing – Oral confession before civilian witnesses – Sufficiency of evidence – Corroborating cautioned statement – Recent possession – Recovery of stolen property – Prosecutorial discretion on charging – Sentencing differentiation.
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9 March 2026 |
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Conviction for statutory rape quashed because a major contradiction between child witnesses undermined identification despite medical evidence.
Criminal law – Statutory rape – Elements: victim's age, penetration and identity – Child victim evidence – Corroboration and contradictions – Material inconsistencies that go to the root of the case render conviction unsafe – Procedure for admission of retracted cautioned statements.
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9 March 2026 |
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Appeal struck out as time‑barred for failure to obtain leave to appeal; court divested of jurisdiction.
Limitation law – appeal time limits – leave to appeal required where statutory period has expired – preliminary objection on jurisdiction – incompetence of time‑barred appeals
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9 March 2026 |
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Whether oral admissions and other evidence proved armed robbery despite lack of on‑scene identification and inconsistent written statements.
Criminal law – Armed robbery – Elements of offence; identification evidence; admissibility and weight of cautioned and extra‑judicial statements; oral confessions and failure to cross‑examine; recent possession and recovery of stolen property; section 38(3) CPA objections.
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6 March 2026 |
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Extension granted where appeal timely lodged but struck out for technical electronic-filing error, promptly remedied by applicant.
Extension of time – s.44(2) Land Disputes Courts Act – technical versus real delay – electronic filing error causing improper joinder – power of attorney – promptness and diligence – absence of prejudice – exercise of judicial discretion (Mbogo v Shah; Fortunatus Masha)
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6 March 2026 |