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Citation
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Judgment date
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| February 2021 |
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Failure to record or read tribunal assessors’ opinions is an apparent illegality warranting extension of time to appeal.
Civil procedure – extension of time – illegality as sufficient cause – Lyamuya criteria – illegality must be apparent on face of record, of sufficient importance and not involve long argument. Land Disputes – District Land and Housing Tribunal – assessors’ participation – requirement to file/read assessors’ opinions in proceedings and judgment – omission vitiates proceedings.
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26 February 2021 |
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An application for stay of execution under Order XXXIX Rule 5 must be supported by a pending appeal; absent one it is an abuse of process.
Civil procedure – Stay of execution – Order XXXIX Rule 5 – Requirement of pending appeal – Abuse of process – Limits of overriding objective and inherent powers.
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25 February 2021 |
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Technical delays (including e‑filing problems and related struck‑out/withdrawn proceedings) justified extension of time to file revision so merits can be heard.
Labour law – extension of time to file revision – technical delay (struck out proceedings, withdrawal, e‑filing/system errors) – respondent’s concession – exercise of court’s discretion to allow hearing on merits.
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24 February 2021 |
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Appellants convictions for armed robbery and gang rape upheld; PF3 not essential and machete admissible despite no police seizure certificate.
Criminal law Armed robbery use of weapon and threats; stolen property need not be produced if unavailable. Sexual offences PF3/medical report is expert opinion and not binding; victims testimony can be sufficient. Evidence hearsay vs acts/observations; admissibility of exhibits seized by private persons. Procedure sketch maps and identification parades not mandatory where witness knew accused; appellate restraint on credibility findings.
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23 February 2021 |
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Failure to properly record a child's oath/promise rendered the victim's evidence inadmissible, leading to quash and retrial.
Evidence — child of tender age — s.127 Evidence Act — requirement for brief inquiry, simplified questions and recorded promise; failure to comply — evidence expunged; sexual offence — victim’s evidence may suffice; retrial ordered in interests of justice.
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23 February 2021 |
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Court granted bail for economic offences as bailable, imposing sureties, deposit/property and reporting and travel conditions.
Criminal procedure – Bail – Economic offences – Whether offences are bailable when not listed as non-bailable; conditions for bail. Bail conditions – sureties, monetary deposit or immovable property, periodic police reporting, surrender of travel documents, travel permission requirement. Public interest and assurance of attendance as justification for imposing conditions.
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23 February 2021 |
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Applicant granted extension to appeal due to delayed supply of ruling and tribunal's alleged illegality.
Civil procedure – extension of time to appeal – discretion of court; sufficiency of cause; length and reasons for delay; diligence required; point of illegality (failure to consider assessor's opinion) may justify extension. Limitation law – section 14(1) Law of Limitation Act – court may extend limitation period for sufficient cause.
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22 February 2021 |
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Statutory rape conviction upheld: PF.3 expunged but complainant's credible testimony and proved age sufficed.
Criminal law – Sexual offences – Statutory rape – Proof of penetration and age; credibility of complainant as sole witness; medical report (PF.3) expunged for alterations and name discrepancy; delay in reporting; failure to cross-examine as admission.
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22 February 2021 |
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Prison procedures and delay obtaining records constituted sufficient cause to extend the applicant's time to appeal.
Criminal procedure – extension of time to file appeal – whether sufficient cause shown to extend time. Sufficient cause – determined by all circumstances: promptness, explanation for delay, diligence and prejudice. Prison conditions/prison procedures and failure to obtain custody records may constitute sufficient cause. Relief discretionary where delay not due to procedural abuse and respondent not prejudiced.
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22 February 2021 |
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Non‑compliance with Evidence Act s127(2) in receiving child testimony vitiates conviction; retrial ordered in interests of justice.
Evidence Act s.127(2) – child of tender age – requirement to conduct and record brief inquiry and record promise to tell truth before receiving evidence. Child testimony – transparency and competence determination mandatory. Sexual offences – victim’s testimony often best evidence; improper reception may vitiate conviction. Remedy – retrial permissible where original trial defective and interests of justice require it.
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22 February 2021 |
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Interlocutory leave to amend a defective WSD is not revisable; awarding costs against applicant was improper.
Civil Procedure — Order VI r.15(2)&(3) — verification clause requirements; Order VI r.17 — amendment of pleadings; Section 3A overriding objective — curative power; Interlocutory/preliminary orders — not revisable under s.74(2); Costs — when not to penalise applicant where amendment ordered.
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20 February 2021 |
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Court grants extension, computing 45-day appeal period from date the tribunal certified the copy as ready for collection.
Extension of time – computation of appeal period – 45 days to appeal computed from date certified copy is ready for collection – expunging unsigned co-deponent's evidence in counter-affidavit – application of overriding objective and fair trial principles.
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18 February 2021 |
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An apparent jurisdictional illegality on the record can justify extension of time to appeal.
Extension of time – illegality apparent on face of record; jurisdiction of primary court in probate matters determined by deceased's religion; alteration/tampering of court record; forgery as factual issue not qualifying as legal illegality.
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17 February 2021 |
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17 February 2021 |
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An application combining leave to appeal and a certificate of point of law is incompetent and was struck out.
Appellate procedure – leave to appeal v. certificate of point of law; distinct remedies and provisions; competency of application; overriding objective cannot cure serious procedural misconception; court’s limited duty to unrepresented litigants.
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17 February 2021 |
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Registration certificate is prima facie proof of vehicle ownership; appellate court wrongly found forgery absent supporting evidence.
Civil procedure – appellate review – evaluation of evidence – appellate court must base findings on evidence; cannot infer forgery without evidence. Evidence – motor vehicle registration certificate – prima facie proof of ownership (Road Traffic Act s.15). Standard of proof – civil cases decided on preponderance/balance of probabilities. Primary Courts – constitution and judgment formalities – compliance with Magistrates' Court Act and Primary Courts Rules.
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16 February 2021 |
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Rape conviction quashed where contradictions, weak identification and medical evidence rendered prosecution case unsafe.
Criminal law – Rape: proof of penetration and role of medical evidence; statutory rape — proof of child’s age; evidence of a dumb witness — no automatic corroboration required; visual identification and evaluation of defence evidence; appellate re-evaluation of trial findings.
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16 February 2021 |
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High Court grants bail for bailable EOCCA offence, applying sharing principle to set each accused's deposit.
Criminal procedure – Bail pending trial – High Court jurisdiction where subject-matter value exceeds District Court threshold – EOCCA s36. Bail – Bailability of offences under Tanzania Food, Drugs and Cosmetics Act read with EOCCA. Bail security – application of sharing principle to divide deposit among co-accused (Silvester Hillu Dawi principle). Requirements for immovable property offered as bail security – title deeds or proof plus valuation.
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15 February 2021 |
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Appeal dismissed; conviction and life sentence for statutory rape upheld, only the preliminary hearing proceedings nullified.
Criminal law – Rape of a child – proof by victim’s direct testimony; Evidence Act s.127(6) – child witness credibility; Penal Code – penetration suffices for rape; Criminal Procedure Act s.192 – purpose of preliminary hearing and memorandum of agreed matters; admissibility of medical PF.3; allegation of judicial bias requires tangible proof.
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15 February 2021 |
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Preliminary hearing irregularity nullified only the PH; convictions upheld, sentence reduced and compensation order set aside.
Criminal procedure – preliminary hearing – mandatory reading and explanation of memorandum of undisputed matters under section 192(3) CPA – irregular PH nullifies PH proceedings but does not automatically vitiate entire trial unless prejudice caused; Evidence – identification and intention in malicious damage – eyewitness identification, conduct and utterances as proof of mens rea; Sentencing – reduction on mitigation; Civil remedy – compensation order set aside for insufficient valuation and unspecified apportionment.
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15 February 2021 |
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Appellant’s conduct and circumstantial evidence established involvement in transporting illegal immigrants; appeal dismissed.
Immigration law – transporting illegal immigrants (s.41(1)(c) Immigration Act) Circumstantial evidence – requirement that it be watertight Common intention – s.23 Penal Code Evidence – single witness sufficiency (s.143 Evidence Act) and inferences (s.122 Evidence Act) Preliminary hearing – agreed facts deemed proved (s.192 CPA)
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15 February 2021 |
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Title and offer issued without lawful acquisition or to an entity lacking capacity are null; defendants held rightful owners, suit dismissed.
Land law — validity of offer and certificate of occupancy — capacity to contract; Acquisition and allocation procedures — compliance with statutory requirements; Customary occupation and restitution on failure to compensate; Proof of special (specific) damages; Possessory rights vs. defective title transfers.
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10 February 2021 |
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Appeal from a primary court dismissed as time-barred for being filed outside the 30-day limit without seeking extension.
Civil procedure – Appeals from primary courts – Time limit for filing appeal to High Court under s.25(1)(b) MCA – 30 days. Law of Limitation Act s.3(1) – remedy for matters filed out of time is dismissal. Overriding objective – court may proceed in absentia where appellant fails to prosecute appeal.
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10 February 2021 |
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Ignorance of law or counsel's mistake is not sufficient cause; unpleaded reasons for delay are disregarded in extension applications.
Civil procedure – Extension of time – application under section 41(2) Land Disputes Courts Act – discretion to grant extension – necessity to show sufficient cause and account for each day of delay. Limitation – Ignorance of law and advocate's mistaken advice do not ordinarily constitute sufficient cause for extension of time. Evidence – Grounds of delay must be pleaded in the supporting affidavit; unpleaded grounds raised in submissions are afterthoughts and are disregarded.
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10 February 2021 |
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Failure to record assessors giving/read their opinions in parties' presence vitiates tribunal proceedings; retrial ordered.
Land disputes — Assessors’ participation — Regulation 19(2) and s.23 LDCA — Assessors must give written opinion and it must be availed in parties' presence — Failure to record participation is incurably fatal and vitiates proceedings.
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10 February 2021 |
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Applicant's unexplained 21‑day delay after strike‑out defeated extension of time under the technical delay doctrine.
Land law – extension of time – doctrine of technical delay – relevant period is from striking out to filing of extension application – duty to account for each day of delay – promptness required – errors by advocate generally insufficient.
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10 February 2021 |