|
Citation
|
Judgment date
|
| December 2021 |
|
|
District Court wrongly struck out a revision; s.22 MCA allows invocation by correspondence and does not require citation in such complaints.
* Civil procedure — Revision under s.22 Magistrates' Courts Act — No prescribed modality; revision may be by chamber summons, correspondence or suo motu.
* Procedural requirements — Citation of enabling provision required in formal statutory processes but not where court is moved by correspondence.
* Procedural fairness — Court should not raise and decide preliminary issues suo motu without hearing parties.
|
31 December 2021 |
|
|
31 December 2021 |
|
|
30 December 2021 |
|
|
29 December 2021 |
|
Whether conviction is sustainable despite procedural defects and whether statutory life sentence applies for raping a six‑year‑old.
Criminal law – Rape of a child under ten – proof of age by testimony – child witness competency: promise to tell the truth suffices – conviction procedure errors curable under s388(1) CPA – no mandatory duty for police investigator to testify – identification, confession and medical evidence may suffice – sentence varied to life under s131(3) Penal Code.
|
29 December 2021 |
|
Court granted interim injunction against private respondent to preserve status quo pending expiry of statutory ninety-day notice.
Civil Procedure — interim (maleva) injunction pending institution of suit; s.95 CPC and s.2(3) JALA; injunctions and government respondents; statutory 90-day notice under Government Proceedings Act; preservation of status quo and irreparable harm.
|
28 December 2021 |
|
Failure to record and consider assessors' opinions under s24 renders a judgment defective and warrants remittal for compliance.
Land Disputes Courts Act s24 – assessors’ opinions – mandatory requirement to state consideration and reasons when differing – omission renders judgment defective – remittal for proper judgment rather than retrial.
|
28 December 2021 |
|
Court upheld conviction based on voluntary written and oral confessions corroborated by conduct and witness testimony.
Criminal law – confession evidence – voluntariness of cautioned and extra-judicial statements; retracted confession can ground conviction if true; failure to object or cross-examine on voluntariness estops later challenge; circumstantial corroboration and non-recovery of stolen property not necessarily fatal to conviction.
|
27 December 2021 |
|
Victim's credible testimony upheld rape conviction; second conviction quashed to avoid double jeopardy.
Criminal law — Rape and impregnating a schoolgirl — credibility of victim as best evidence in sexual offences; minor inconsistencies resolved by handwritten record and medical exhibits; appellate re-evaluation; double jeopardy: quashing concurrent lesser conviction.
|
27 December 2021 |
|
Revision under s.43(1)(b) is time-barred; Limitation Act applies and condonation for delay was required.
Land law and civil procedure – Revision under s.43(1)(b) Land Disputes Courts Act – Time limitation – Where statute is silent Limitation Act (Cap.89) Item 21 Part III applies (60 days) – Complaint under s.44 does not excuse failure to seek condonation or extension of time.
|
17 December 2021 |
|
Court affirmed driver’s negligence and employer’s vicarious liability but reduced excessive general damages to Tshs. 10,000,000/-.
Tort — Negligence: duty of care; proof by guilty plea and admissions; vicarious liability of employer for employee driving in course of employment; contributory negligence — burden of proof; general damages — discretionary award and appellate reduction for inordinate quantum; locus standi of estate administrator where plaint amended and letters admitted.
|
17 December 2021 |
|
Appellate court upholds inclusion of widow as beneficiary and affirms that discriminatory customary rules cannot override the Constitution.
Probate and administration — determination of applicable law — Primary Court's duty to ascertain mode of life of deceased; customary law — discriminatory customary rules cannot override constitutional non‑discrimination; entitlement to inherit — widow may inherit directly where evidence supports contribution; procedural fairness — issues raised in affidavits do not deprive parties of right to be heard; appellate review — District Court’s use of comparative jurisprudence permissible in probate reasoning.
|
17 December 2021 |
|
Dismissal for want of prosecution without guiding an unrepresented appellant violated right to be heard; appeal held premature.
Land appeal — dismissal for want of prosecution; unrepresented litigant; right to be heard and fair trial; tribunal's duty to guide or adjourn; restoration application as remedy.
|
17 December 2021 |
|
Wrong case number in appeal papers, caused by tribunal error, is not fatal; amendment permitted.
Procedure – preliminary objection – wrong citation of case number in memorandum of appeal; Court records inconsistency; amendment of pleadings allowed; overriding objective; litigant not punished for trial court's clerical error.
|
15 December 2021 |
|
Applicant failed to prove ownership; customary titles invalid without Village Assembly approval; suit dismissed with costs.
Land law – ownership of village land; validity of customary right of occupancy – necessity of Village General Assembly approval (s.8(5) Village Land Act); cause of action – distinction between ownership dispute and tort of trespass; evidential burden – proof on balance of probabilities; invalidity/unreliability of title where statutory allocation procedures not followed.
|
13 December 2021 |
|
The applicant's appeal dismissed: medical and eyewitness evidence proved rape beyond reasonable doubt.
* Criminal law – Rape – proof of penetration – medical evidence (PF3) corroborating eyewitnesses; no statutory time limit for medical examination.
* Evidence – flagrante delicto arrests carry high probative value; minor timing discrepancies not material.
* Procedure – victim's inability to testify due to disability does not preclude conviction where corroboration exists.
* Criminal procedure – incorrect or omitted citation of punishment provision curable under section 388(1) CPA.
|
13 December 2021 |
|
Applicant failed to show good cause for extension of time; illness and financial constraints were insufficient, application dismissed.
Extension of time – good cause – illness evidence and unexplained delay – financial constraints and seeking legal advice not sufficient – competence of application under Rule 3 G.N. 312/1964 considered under “any other provision of law”.
|
10 December 2021 |
|
Failure to exhaust the statutory appeal under Regulation 58(13) bars judicial review; application struck out, no costs.
* Administrative law – Judicial review – prerogative orders (mandamus and certiorari) – requirement to exhaust statutory/internal remedies before seeking judicial review (Regulation 58(13)). * Immigration law – Immigration Services (Administration) Regulations 2018 – appeal to Commissioner General for officers below Assistant Inspector. * Civil procedure – verification of pleadings – requirement to verify paragraphs/subparagraphs (Order VI r.15) (not decided).
|
10 December 2021 |
|
|
10 December 2021 |
|
|
10 December 2021 |
|
Applicant failed to show sufficient cause for a six-year delay; extension refused and costs awarded to respondents.
Extension of time — s.14(1) Law of Limitation — sufficient cause required — considerations: length of delay, reasons, prejudice, conduct — failure to explain when dismissal was learned — unrelated applications do not excuse delay — abuse of process — application dismissed with costs.
|
10 December 2021 |
|
Certification refused where complaint concerned insufficiency of evidence and factual, not legal, issues.
* Appellate procedure – certification under s.5(2)(c) Appellate Jurisdiction Act – point of law v. factual insufficiency (Agnes Severini principle); * Probate – locus standi and recognition of children under Customary (Declaration) Orders (Rule 181B, G.N. 279/1963); * Civil procedure – affidavit attestation requirements under Oaths and Statutory Declarations Act s.10; * Court will not certify questions that are essentially factual (insufficiency of evidence).
|
10 December 2021 |
|
Conviction for robbery upheld; illegal 20-year subordinate-court sentence reduced to 15 years and compensation order upheld.
* Criminal law – robbery – sufficiency of identification where accused arrested at scene of crime. * Evidence – admissibility of caution statements recorded by constable or above. * Evidence – distinction between hearsay and direct eyewitness testimony. * Sentencing – subordinate court’s jurisdictional limits; Minimum Sentence Act mandatory minimums; illegal sentence reduction. * Procedural – curability of defective citation of statutory subsection under section 388(1) CPA.
|
10 December 2021 |
|
|
10 December 2021 |
|
|
9 December 2021 |
|
|
8 December 2021 |
|
|
8 December 2021 |
|
|
7 December 2021 |
|
|
7 December 2021 |
|
The applicant's rape conviction upheld as medical and contemporaneous identification evidence sufficiently corroborated the victim's account.
Criminal law – Rape – identification evidence and early complaint – corroboration by medical examination – penetration by blunt object sufficient despite absence of spermatozoa – appellate review of credibility and sufficiency of evidence.
|
7 December 2021 |
|
Second appellate court upheld award for respondent for misrepresented paddy and dismissed appellant's appeal with costs.
* Civil procedure – second appeal – concurrent findings of fact – court will not disturb concurrent findings unless there is misapprehension of evidence, miscarriage of justice, or legal error.
* Sale of goods – misrepresentation – purchaser entitled to compensation where goods differ from sample shown.
* Appeals – new issues raised for first time on second appeal are not entertained.
* Evidence – weight given to village reconciliation, police-written agreement (Exhibit P.1) and sample exhibits (Exhibit P.2).
|
7 December 2021 |
|
Victim's credible testimony and medical evidence upheld statutory rape conviction despite date variances and missing peripheral witnesses.
* Criminal law – Sexual offences – Statutory rape – Proof of age and penetration; victim's testimony and medical evidence as corroboration.
* Evidence – Variance between charge and witness evidence – Not fatal unless resulting in prejudice; section 388 CPA curative.
* Evidence – PF3 as corroborative medical evidence of penetration and pregnancy.
* Procedure – Failure to call certain community witnesses (VEO, Chalii) not fatal where they are not material eyewitnesses.
|
7 December 2021 |
|
Court restored land application dismissed for want of prosecution, finding consistent prior appearances amounted to good cause.
Civil Procedure – Restoration under section 95 CPC – Dismissal for want of prosecution – Requirement to show good cause for non-appearance – Consistent prior appearances as basis for restoration – Judicial discretion and substantive justice.
|
7 December 2021 |
|
Prolonged acquaintance and unchallenged victim testimony, with medical corroboration, established identity and statutory rape; appeal dismissed.
* Criminal law – Rape – statutory rape under section 130(1)(2)(e) – elements: complainant under 18 and penetration; medical corroboration. * Visual identification – tests: duration of observation, lighting, prior acquaintance, opportunity to observe and prompt reporting. * Criminal procedure – appellate duty to re‑evaluate evidence where trial court failed to analyse defence evidence adequately.
|
6 December 2021 |
|
Voir dire no longer required; expert and witness evidence sufficient to uphold child‑rape conviction.
Criminal law – Child evidence – Voir dire requirement removed by amendment; promise to tell the truth suffices; medical expert evidence admissible and probative; materiality of witnesses; curable defect in charge under s388(1) Criminal Procedure Act; delay in medical exam not necessarily fatal.
|
6 December 2021 |
|
Second appeal dismissed; concurrent factual findings upheld as supported by evidence and fair hearing.
Criminal law – Assault causing actual bodily harm – sufficiency of evidence; concurrent findings of trial and appellate courts – interference only if misapprehension of evidence or wrong application of law; right to be heard/natural justice.
|
6 December 2021 |
|
|
6 December 2021 |
|
Waiting for a copy of an impugned ruling and a dispute over illegality can justify extension to file a reference; separate applications required for distinct decisions.
Advocates Remuneration Order (Order 8) – extension of time to file reference; practice of attaching impugned ruling – good practice/necessary; omnibus applications – separate applications for distinct decisions; sufficient cause – waiting for copy and alleged illegality can justify extension.
|
3 December 2021 |
|
Delay in receiving a copy of the ruling justified extension to file reference against a taxed bill of costs.
Advocates Remuneration Order – extension of time to file reference against taxed bill of costs – delay due to late supply of ruling – discretionary extension factors; no legal requirement to attach impugned ruling; merits of EFD/voucher evidence reserved for reference.
|
3 December 2021 |
|
Where a bill of costs is dismissed for want of prosecution the applicant should seek restoration, not a reference under Order 7.
Advocates Remuneration Order (GN No.264/2015) – proper citation; Procedure – proper remedy where bill of costs dismissed for want of prosecution – restoration application versus reference under Order 7; Preliminary objection – competence and verification.
|
3 December 2021 |
|
Convictions quashed where identification was unreliable and a caution statement was improperly admitted without required inquiry.
* Criminal law – armed robbery – sufficiency of prosecution evidence – reliance on visual identification and caution statement.
* Evidence – visual identification – factors: light, duration, distance, prior acquaintance, description – weak identification unsafe for conviction.
* Evidence – caution statement – objection alleging torture requires trial-within-trial; failure to conduct inquiry and to read statement renders it inadmissible.
* Criminal procedure – omission to state offence in conviction – section 388 CPA and overriding principle may cure formal defects when no injustice occasioned.
|
3 December 2021 |
|
|
2 December 2021 |
|
|
2 December 2021 |
|
Extension granted to file leave to appeal: delay due to late supply of records and citation error held clerical and curable.
* Appellate procedure – Extension of time under s.11(1) Appellate Jurisdiction Act – Requirement to show good cause. * Civil procedure – Overriding objective (s.3A(1) Civil Procedure Code) – cure of clerical mis‑citation. * Evidence – delay caused by court’s failure to supply records – diligence of requester. * Relief – extension granted where no prejudice shown to respondent.
|
2 December 2021 |
| November 2021 |
|
|
Victim’s credible testimony, corroborated by relatives and medical evidence, upheld conviction for unnatural offence.
* Criminal law – Unnatural offence (s.154(1)(a) Penal Code) – Evidence of child witness – post‑amendment requirement is promise to tell the truth; voir dire not required. * Proof of age – parent’s oral testimony sufficient absent birth certificate. * Corroboration – victim’s account corroborated by relatives and medical PF3. * Defence of alibi – requires notice; failure to cross-examine a witness implies acceptance. * No obligation to call local government leader.
|
30 November 2021 |
|
High Court partly allows appeal: pharmacy not joint property; house divided 80% respondent, 20% appellant; visitation granted.
Family law — division of matrimonial property under section 114 LMA — requirement of proof of joint acquisition; weight of contributions (money, work) considered; pharmacy not proved as joint asset; house divided 80/20 due to respondent’s greater contribution. Appeals — afterthought grounds not raised at first appeal dismissed.
|
30 November 2021 |
|
|
29 November 2021 |
|
Appellate awards and execution quashed for lack of proof, improper assessor composition, and fraudulent auction.
Land disputes — Revision under s.43 LDCA — Special damages must be specifically pleaded and strictly proved — Composition of District Land and Housing Tribunal — mandatory involvement and recording of assessors' opinions — proceedings conducted without required assessors are a nullity — Execution and auction sales tainted by fraud are void — Quashing of appellate proceedings and restoration of title.
|
28 November 2021 |
|
Where a fixed‑term contract is renewed by default, unfair termination compensation equals the remaining unexpired term.
Employment law – fixed‑term contracts – renewal by default – unfair termination – measure of compensation equals remaining unexpired period; probation – successive renewals do not restart probation; reliefs – unpleaded claims and double recovery disallowed.
|
26 November 2021 |
|
Appellate court quashed rape conviction due to unexplained reporting delay, witness contradictions, and unreliable prosecution evidence.
* Criminal law – Rape – Proof beyond reasonable doubt – Effect of unexplained delay in reporting and medical examination on credibility.
* Evidence – Witness credibility – Contradictions between victim and parent; failure to call material corroborative witnesses.
* Appellate review – First appellate court’s power to re-evaluate evidence and reach its own findings.
|
26 November 2021 |