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528 judgments found.
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December 2020
Failure to record a tender‑age child’s promise to tell the truth rendered the testimony valueless, quashing conviction.
Criminal procedure
— Retrial — Fatehali Manji principles (retrial ordered only where interests of justice require it)
— admissibility of child evidence — Non‑compliance with statutory procedure for taking child's evidence — Testimony to be expunged
Evidence — Child witness (tender age) — Tender‑age testimony without oath valid where child promises to tell the truth (section 127 principles)
23 December 2020
Applicant granted 45 days to file appeal; court found sufficient cause and excluded technical delays from applicant’s blame.
Civil procedure — Extension of time to appeal — Sufficient cause — Duty to account for each day of delay
23 December 2020
Civil claimant must prove increased market value; exhibit in criminal court remains in custody, parties to bear own costs.
Civil procedure — exhibits — Court should not order a party to hand over an exhibit that is in custody of the trial criminal court
Damages — valuation of property damage — Mere assertion of market value insufficient to establish additional compensation
Evidence — Burden and standard of proof — civil cases: balance of probabilities — Magistrate's Court (Rules of Evidence in Primary Courts) GN. No. 66 of 1972
23 December 2020
Failure to allow cross‑examination of a foreign witness and not recommencing hearing violated the applicant's right to a fair trial.
Criminal law — Right to be heard — procedural fairness and remedy of quashing irregular orders
Criminal procedure — retrial principles (Fatehali Manji) — Defective/illegal trial (retrial appropriate)
Evidence — Remote testimony — Use of teleconference/video under Written Laws (Miscellaneous Amendments) Act No.3 of 2011
23 December 2020
Applicant failed to show good cause for extension of time; delay unexplained and ignorance of law insufficient.
Civil procedure — extension of time
— discretionary exercise requiring good cause
— ignorance of law/unrepresented not good cause
— illegality may justify extension only if apparent on the face of the record
— no mandatory requirement to attach Primary Court proceedings for appeal to High Court
22 December 2020
Conviction quashed for insufficient proof and procedural irregularities; improperly admitted exhibits expunged, no retrial ordered.
Criminal law — Theft
— Extraneous matter by trial court vitiates proceedings
— Identification and proof of ownership
— Retrial not ordered where prosecution evidence is patently weak and ordering retrial would prejudice the accused
22 December 2020
Second appeal dismissed: marriage found irreparably broken; custody decided by children’s best interests; asset division upheld.
Family law — custody — best interests of the child — schooling children to remain with primary caregiver
Family law — Divorce — Whether marriage broken beyond repair — Cruelty as ground for divorce
Family law — Matrimonial property — Division based on evidence of acquisition and joint development
Family law — second appeal
— concurrent factual findings not disturbed absent misdirection or misapprehension
— Limited to questions of law
21 December 2020
Appellate court wrongly displaced trial credibility findings; conviction and Tshs.50,000 compensation for malicious crop damage restored.
Criminal law — Malicious damage to property — Evaluation of eyewitness evidence and credibility — Appellate interference with trial court’s assessment of witnesses
Criminal procedure — Appeal — Appellate court reluctant to disturb trial court credibility findings absent clear misdirection
21 December 2020
High Court refused to certify points of law, finding the applicant's issues were factual, not legal.
Land law — appeals from Ward Tribunal — Distinction between points of law and factual/evidential issues — High Court's exclusive jurisdiction to certify
18 December 2020
Extension of time granted where prior incompetent appeal caused excusable technical delay despite no apparent illegality.
Civil procedure — Extension of time to appeal — Sufficient cause — discretionary factors (length of delay, reasons, prejudice, conduct)
Civil procedure — Extension of time to appeal — illegality apparent on the face of the record as ground for extension
Civil procedure — Extension of time to appeal — technical delay where original appeal was lodged in time but struck out for procedural defect
— Excusable technical delay
— may be excluded in computing delay
17 December 2020
Appeal against grant of letters of administration dismissed: absent co-appellant waived hearing; magistrate name discrepancy was clerical.
Civil procedure — Procedural fairness — right to be heard
Probate law — Probate — Revocation of letters of administration — Competency of trial proceedings — Appellate obligation to address illegality before merits
16 December 2020
Extension of time granted for appeal after technical delay from filing notice in wrong court registry.
Criminal procedure — extension of time to file notice of intention to appeal and lodge appeal — technical delay where notice filed in High Court instead of trial subordinate court
15 December 2020
Applicants charged with economic offences granted bail subject to statutory high-value deposits, sureties and reporting conditions.
Civil procedure — Public interest and administration of justice — assessment of risk of interference with investigations when granting bail
Criminal law — Bail conditions — monetary deposits or immovable property, resident sureties with bonds, surrender of travel documents, reporting and jurisdictional restrictions
Criminal procedure — Bail
Evidence — Documentary evidence — inadmissibility of photocopied medical records under section 66 of the Evidence Act unless secondary evidence
15 December 2020
Where an economic-crime charge lacks a stated value and committal is pending, the district court, not the High Court, has bail jurisdiction.
Criminal law — Pre-committal bail — subordinate court jurisdiction where value does not exceed TSh 10,000,000. Unstated monetary value in charge treated as below TSh 10,000,000 for jurisdictional purposes
15 December 2020
Bail pending trial granted for EOCCA wildlife-trophy offences subject to statutory conditions including half-value deposit and two resident sureties.
Criminal procedure — Bail pending trial — Applicability of sections 36(5) & (6) where alleged value exceeds T.shs.10,000,000.- Bail conditions — deposit of half the alleged value or immovable property, resident sureties with bonds, surrender of travel documents, territorial restriction and reporting obligations — verification by presiding Resident Magistrate
15 December 2020
Failure to have assessors give opinions in open court renders DLHT proceedings and judgment a nullity.
Land disputes — assessors’ opinions
— Mandatory requirement to give and consider assessors' written opinions before judgment
— Regulation 19(2) GN. No. 174/2003
Land disputes — Regulation 19(2) GN
Land law — Land disputes courts act s 23(1)
15 December 2020
Extension of time granted where DLHT proceedings were fatally irregular for failing to invite or record assessors' opinions.
Appellate practice — Appeal procedure — Technical delay due to struck-out appeal — immaterial where fatal illegality is shown
Civil procedure — extension of time — Good cause required — Established illegality in lower tribunal proceedings can constitute sufficient cause
Land law — Land disputes courts — assessors — Mandatory requirement to have assessors give opinion in presence of parties and to record/read opinions — Failure is fatal to proceedings
15 December 2020
A DLHT judgment is a nullity where the chairman fails to require, record and read assessors' opinions before judgment.
Land law
— Land procedure — District Land and Housing Tribunal — assessors' participation
— precedents — Edina Adam Kibona, Ameir Mbarak, Chadiel Mduma
— s.24 LADCA — chairman to consider and give reasons for departure
15 December 2020
Extension of time to appeal refused for failure to account for delay and to plead or produce requisite judgments.
Civil procedure
— Extension of time to appeal — Applicant’s failure to account for each day of delay — Criminal Procedure Act s 361(2)
— Rejoinder-counter affidavit — New factual matters not to be raised in rejoinder — Parties bound by their pleadings
14 December 2020
Registered trade union under ELRA has locus standi; incorrect High Court title not fatal; application to proceed.
Civil procedure
— Correct High Court registry citation — Defective title not fatal where court identity is clear
— Locus standi — capacity to sue — Effect of certificate of registration (ELRA ss 46–49)
Labour law — Trade Union Registration — Legal personality on registration — ELRA ss 46 — 49
14 December 2020
A clerical date discrepancy on a decree is not fatal; court allowed rectification under s.96 and the overriding objective.
Civil procedure
— Decree — XX, Rule 7 CPC requires decree to bear date of pronouncement of judgment — Order XX r.7 CPC
— Overriding objective — curability of clerical errors in case references where no prejudice shown — Sections 3A, 3B and s.96 CPC
14 December 2020
Extension application struck out for citing a repealed statute; applicant may refile within 21 days.
Criminal procedure — Application for extension of time — Wrong citation of law renders application incompetent
Jurisdiction
— Competence
— incompetent proceedings cannot be entertained
14 December 2020
An application filed under a repealed statute is incompetent and is struck out, but the applicant may refile within 21 days.
Criminal procedure — competence of applications — incorrect citation of repealed statute
— defective application struck out with leave to refile within specified time
— non-compliance with mandatory procedural requirements renders application incompetent and a nullity
14 December 2020
An application citing a repealed edition of the Criminal Procedure Act was held incompetent and struck out, with leave to refile within 21 days.
Criminal procedure — competence of applications — citation of repealed versus current revised edition of statute
Criminal procedure — Jurisdiction — courts cannot entertain incompetent proceedings
Criminal procedure — remedy
— ignorance of law no excuse
— striking out and leave to re‑file
14 December 2020
Extension‑of‑time application struck out for being filed under a repealed provision; liberty to refile within 21 days.
Civil procedure — Jurisdiction/competence — Application filed outside the 14‑day period without certificate of delay is incompetent and liable to be struck out
Criminal procedure — Extension of time to appeal — Application filed under wrong enabling provision — Criminal Procedure Act Cap 20 R.E.2019
14 December 2020
High Court lacked jurisdiction to entertain leave-to-appeal against a SRMEJ decision and ordered transfer to the appropriate magistrate.
Civil procedure
— Costs — application costs to be costs in the cause
— Leave to appeal to Court of Appeal from High Court (Land matters) — Whether High Court can entertain leave to appeal against decision of a Senior Resident Magistrate with Extended Jurisdiction
— Transfer of proceedings — Power to transfer applications filed before the wrong court — Role of Judge in-charge in assigning matters to Resident Magistrate with Extended Jurisdiction
14 December 2020
Application for extension of time struck out for citing a repealed edition of the Criminal Procedure Act; refile within 21 days.
Civil procedure — competence of proceedings — Court lacks jurisdiction to entertain applications filed under non‑existent law — Striking out
Criminal procedure — Extension of time to appeal — wrong statutory footing renders application incompetent — application struck out
14 December 2020
Delay in obtaining judgment copies and alleged jurisdictional illegality justified extension of time to appeal.
Civil procedure — extension of time
— delay in obtaining judgment copies as sufficient cause
— illegality affecting tribunal's jurisdiction as additional ground for extension
11 December 2020
Bank must issue statutory default notice to borrower before selling mortgaged property; co‑guarantors share liability equally.
Contract law
— Guarantee and suretyship — Guarantor's liability coextensive with principal debtor and shared between co‑guarantors — Law of Contract s 80
— non est factum/duress — burden to prove
Land law — mortgage enforcement — mandatory sixty-day default notice under s127 Land Act — Compliance with section 127 Land Act and GN. No. 355/2009
10 December 2020
Applicant's bail denied because money laundering is statutorily unbailable regardless of amount.
Criminal law — Bail
— amount involved immaterial
— money laundering
— prior unproduced decisions not binding
8 December 2020
Bail pending appeal refused due to serious fraud, large sum involved and real risk of absconding.
Criminal procedure — Bail pending appeal
— Bailable offence
— judicial discretion
— likelihood to abscond
— seriousness of offence and sentence
8 December 2020
Applicant in custody granted 21-day extension to file appeal due to prison-related delay and sufficient cause.
Criminal procedure — Extension of time to file appeal — sufficient/good cause — delays due to prison procedures and inability to obtain records — discretion of court guided by established authorities
7 December 2020
An appeal filed beyond an extended filing period is incompetent where delay is unjustified despite available court copies.
Criminal procedure — Appeal
— Extension of time — Competence of appeal filed out of extended time
— Incomplete records and their effect on appeal — Relevance to excusing delay
7 December 2020
Court granted extension to appeal, applying technical delay principle and considering the applicant’s prisoner circumstances.
Criminal procedure — Extension of time to appeal — Whether incarceration, lack of access to documents and inter‑prison transfer constitute good cause — technical delay
7 December 2020
Court granted extension to file appeal out of time, finding imprisonment and explanations constituted sufficient cause.
Criminal procedure
— Extension of time to appeal — Sufficient cause — Factors include promptness, length of delay, and explanation for delay
— Prisoner litigant — incarceration and lack of legal knowledge as good cause for delay — May constitute sufficient cause
7 December 2020
Prisoners’ delay caused by prison procedures and lack of records constituted sufficient cause to extend time to file an appeal.
Appellate practice — extension of time — Whether applicant has shown sufficient cause for delay
Criminal procedure — Extension of time to appeal — imprisonment and lack of access to records may constitute sufficient cause
7 December 2020
Appeal dismissed; convictions upheld based on recent possession and appellant's failure to give a reasonable explanation.
Criminal law — Burglary and stealing — proof by recent possession and identification of recovered property — recent possession as evidence of guilt
1 December 2020
November 2020
Applicant's voluntary absence and failure to show illegality or account for delay justified refusal to extend time to appeal.
Civil procedure — Extension of time to appeal
— illegality apparent on the face of the record as ground for extension
— requirement of sufficient reasons and due diligence
Evidence — affidavits — Consideration of affidavit in support of extension of time — Duty to account for each day of delay
27 November 2020
Failure to require, record or read assessors' opinions in DLHT hearings renders the tribunal's proceedings and judgment null and void.
Land law — appellate procedure
— Reg.19(2) GN. No.174/2003
— assessors’ opinions
27 November 2020
Interim injunction refused where alleged loss was compensable by damages, failing the cumulative Atilio test.
Civil procedure
— Interim injunction — Application considered under Atilio v Mbowe threefold test (prima facie case; irreparable injury; balance of convenience) — Conditions are cumulative
— interim relief — Irreparable loss — Loss compensable by monetary damages does not qualify as irreparable where claim for compensation exists
Land disputes — Allegation of road reserve/trespass — entitlement to compensation and interim protection considered
27 November 2020
Conviction based on an equivocal plea—due to procedural failures in recording plea and exhibits—was quashed and retrial ordered.
Criminal procedure — plea of guilty — requirement that plea be unequivocal — Equivocal plea vitiates proceedings and justifies quashment and retrial
26 November 2020
Applicant lacked locus standi; proceedings were a nullity and courts must raise jurisdictional issues suo motu.
Civil procedure — Appeal
— Appellate court may raise and decide jurisdictional issues at any stage
— failure by lower courts to determine locus standi is fatal
Civil procedure — Locus standi
— court’s duty to raise jurisdictional issues suo motu
— Plaintiff lacking title or mandate to sue renders proceedings a nullity
Civil procedure — Parties
— Necessary/real party in interest
— witness cannot validly replace plaintiff
26 November 2020
Applicant failed to rebut tribunal record or show sufficient cause to justify extension of time for appeal.
Civil procedure — Extension of time to appeal — Whether delay caused by tribunal's late supply of certified judgment/decree constitutes sufficient cause — Certificate of delay as evidence
Land law — assessors' opinions — Requirement that assessors give written opinions and that such opinions be reflected in the proceedings and read to the parties — Regulation 19(2) GN
26 November 2020
Land suit struck out for failing to state the disputed land’s value, leaving High Court jurisdiction unascertained.
Civil procedure — Pleadings
— Non-disclosure of cause of action (Order VII r.1(e)) — Limitation period relevance
— adequacy of Plaint’s paragraph disclosing jurisdiction and value — s 37(1) Land Disputes Courts Act (High Court jurisdiction threshold)
Land disputes — Pecuniary jurisdiction — High Court original jurisdiction where value exceeds statutory threshold and claim for recovery of immovable property
26 November 2020
Failure to involve a registered trade union and giving short notice rendered retrenchments procedurally unfair; twelve-month minimum compensation applies.
Civil procedure — Non‑compliance with filing schedule constitutes failure to prosecute — Dismissal for want of prosecution
Labour law
— Remedies for unfair termination under s.40 ELRA — Minimum twelve months’ remuneration — ELRA s40(1)(c)
— retrenchment procedure (s38 ELRA) — Consultation, notice, disclosure and selection requirements — Section 38 ELRA
26 November 2020
Revision dismissed; CMA’s finding of unfair termination and compensation award upheld as timely and regular.
Civil procedure — Procedural and substantive fairness — applicability of Rule 32 of GN No.67/2007 and arbitrator’s discretionary power
Labour law
— limitation period for lodging complaints at CMA — whether claim was time-barred under Rules (GN No.64/2007)
— unfair/constructive termination — employer's burden
25 November 2020
Appeal struck out because the memorandum omitted the correct decree; defective decree rendered the appeal incompetent.
Land law — Appeal procedure
25 November 2020
Leave application struck out for non‑joinder as university’s legal personality was not established; counsel’s representation was proper.
Administrative law
— affidavit evidence — hearsay objection raised but not finally determined
— Judicial review leave application — party‑status and necessary parties
25 November 2020
High Court sitting on an extension application exercises original jurisdiction; leave under amended section 47(2) not required, application dismissed.
Land law
— procedure — application for extension of time — High Court sits in original jurisdiction when hearing extension applications
— section 47(2) (as amended 2018)
— leave to appeal to Court of Appeal required only where High Court exercised appellate or revisional jurisdiction
— struck-out appeal treated as no appeal filed
25 November 2020
Accused acquitted because night identification and the dying declaration were unreliable and uncorroborated.
Criminal law
— Conduct after offence — weight of attendance at scene and readiness to submit to inquiry
— dying declaration — requires material corroboration
— Visual identification
24 November 2020