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Citation
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Judgment date
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| November 2024 |
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29 November 2024 |
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29 November 2024 |
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29 November 2024 |
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Administrator proved deceased's ownership; court declared defendants trespassers and held them invitees; no costs ordered.
Land law – proof of ownership of disputed family land – burden under section 110 Evidence Act. Civil procedure – ex parte proceedings – plaintiff remains obliged to prove case on required standard. Property law – trespass – occupation by family members without title. Status of occupiers – invitee status and its legal consequence for claims to ownership or exclusive possession
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29 November 2024 |
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The applicant's procedural confusion and prompt remediation amounted to excusable technical delay; extension to appeal granted.
Extension of time – sufficiency of cause – technical/procedural confusion and withdrawal of a prior incompetent appeal can amount to excusable delay; alleged illegality may constitute good cause; preliminary objections on jurisdiction, multiplicity and locus to be raised at appeal stage.
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29 November 2024 |
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No certificate of point of law: unread exhibits expunged and unresolved land ownership defeats criminal trespass jurisdiction.
Criminal law — criminal trespass v. land disputes: unresolved ownership defeats jurisdiction to try trespass; Evidence — documentary exhibits must be read when admitted or be expunged; Appellate procedure — certification under s.6(b) AJA requires a point of law, not mere re‑evaluation of evidence.
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29 November 2024 |
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29 November 2024 |
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28 November 2024 |
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28 November 2024 |
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28 November 2024 |
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28 November 2024 |
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Petitioner appointed by trustees granted letters of administration after notice publications and absence of caveat.
Probate and administration – grant of letters of administration – appointment by registered trustees – proof by death certificate, affidavit as to domicile, executor’s oath and trustees' minutes – publication of citation in Gazette and newspapers – absence of caveat – condition to file inventory and final accounts within three months.
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28 November 2024 |
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Judicial review application dismissed for failure to comply with court-ordered written submissions (want of prosecution).
Civil procedure – Failure to prosecute – Non‑compliance with scheduling order – Filing of written submissions – Dismissal for want of prosecution. Civil procedure – Disobedience of court order – Duty of advocates holding brief to ensure compliance with court directions. Judicial review – Application for prerogative orders (certiorari and mandamus) dismissed on procedural grounds without reaching substantive merits
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28 November 2024 |
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Extension of time granted to appeal an ex‑parte judgment where apparent illegality on face of record outweighed unexplained delay.
Extension of time – application under s.14(1) Law of Limitation Act – ex‑parte judgment – accounting for delay – apparent illegality on the face of the record (jurisdiction, non‑joinder of Attorney General, procedural irregularity, notice) – discretion to extend time – Valambia and Lyamuya principles applied.
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28 November 2024 |
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Applicant charged with manslaughter granted bail subject to sureties, bond, passport surrender and reporting conditions.
Criminal law – Bail pending trial – Manslaughter charge – Bailable under s.148 Criminal Procedure Act and article 13(6) Constitution – Granting bail where prosecution does not oppose. Bail conditions – two sureties with TZS 10,000,000 bond or immovable property of equal value; surrender of passport; travel restriction; monthly reporting; surety verification by Deputy Registrar
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26 November 2024 |
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Whether the respondent employer owes unpaid statutory social security contributions and penalties and is liable to summary judgment.
National Social Security Fund Act – employer’s duty to remit statutory contributions (10% employer, 10% employee) – remittance within one month after month end (s.12, s.14(1)). Summary procedure – Order XXXV Rule 2 CPC – availability where defendant fails to seek leave to defend
Evidence – inspection report, exit meeting, demand notices and schedules as proof of arrears and penalties
Remedies – summary judgment for unpaid contributions, penalties and interest at prescribed court rate
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26 November 2024 |
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Court granted limited interim injunction to preserve company status pending unfair-prejudice petition, finding prima facie case, irreparable harm, and balance of convenience.
Companies — Shareholder relief — Interim injunction to preserve status quo pending unfair prejudice petition; requirements: prima facie case, irreparable injury, balance of convenience. Civil procedure — Interlocutory relief — Authenticity or ultimate probative value of documents need not be finally determined at injunction stage
Companies — Management disputes — Alleged diversion of company funds and threatened sale/transfer of shares justify interim restraint when supported by affidavit and not satisfactorily controverted
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26 November 2024 |
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26 November 2024 |
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26 November 2024 |
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Security contractor held vicariously liable for employees’ negligence; specific damages proved; appeal dismissed, interest reduced to 7%.
Contract — security services — vicarious liability for employees’ negligence; evidentiary sufficiency of tax invoices for specific damages; requirement of "police abstract" held immaterial where police were notified and employees convicted; insurer’s cover does not absolve contractual liability; assessment and variation of interest.
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26 November 2024 |
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DLHT proceedings on land title without a ward tribunal mediation certificate lack jurisdiction and are nullified.
Land disputes — Jurisdiction — Requirement of ward tribunal certificate of failed mediation under s.13 (as amended) before DLHT may hear matters affecting title or interest in land; oral proof of referral insufficient; failure to produce certificate renders DLHT proceedings a nullity.
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26 November 2024 |
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25 November 2024 |
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25 November 2024 |
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Acquittal under s293 CPA where lone nighttime visual identification was unreliable and uncorroborated.
Criminal law – s.293 Criminal Procedure Act – no case to answer; Visual identification – night-time identification; need for particulars on lighting, distance, duration and prior acquaintance; Single-witness identification unsafe without corroboration; Reliance on Waziri Amani, Wamalwa and Juma Hamad authorities.
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25 November 2024 |
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25 November 2024 |
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Extension of time denied where eCMS claim was hearsay, sickness unproven, and alleged illegality not apparent on record.
Civil procedure – extension of time; requirements to show sufficient cause (Lyamuya; Valambia; Bushiri)
Affidavits – hearsay where they allege acts of another without that person swearing. Illegality ground for extension must be apparent on the face of the record. Medical evidence required to substantiate sickness as cause of delay. eCMS filing allegations must be evidenced by competent affidavit
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22 November 2024 |
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22 November 2024 |
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The applicant’s appeal was held timely because awaiting certified copies is excluded from the 45‑day limitation.
Civil procedure – Appeals from DLHT – Limitation period under s.41(2) LDCA (45 days); Law of Limitation Act s.19(2),(3) – automatic exclusion of time spent obtaining certified copies; computation of commencement date for appeal period.
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22 November 2024 |
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A settlement and retrenchment agreement precludes additional CMA awards for repatriation and notice already agreed.
Labour law — settlement and retrenchment agreements — binding effect; repatriation includes transport of personal effects; estoppel (Evidence Act s.123) and enforceability of contracts (Law of Contract Act s.10); revision of CMA award for illegality on face of record.
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22 November 2024 |
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A plaint failing to describe disputed land as required by Order VII r.3 CPC may be struck out; amendment permitted.
Land law – Pleading requirements – Identification of immovable property – Order VII r.3 CPC; Preliminary objection – failure to describe property; Overriding objective – cannot cure defects going to foundation of case; Suit struck out with leave to amend.
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22 November 2024 |
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22 November 2024 |
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Accused convicted of murder based on corroborated cautioned statements and circumstantial evidence; sentenced to death.
Criminal law – Murder; circumstantial evidence; cautioned/confessed statements – corroboration; alibi and burden; provocation; standard of proof beyond reasonable doubt.
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22 November 2024 |
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22 November 2024 |
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Application for temporary injunction dismissed for failure to prove irreparable harm and balance of convenience.
Land law – Temporary injunction – requirements: prima facie case; irreparable loss; balance of convenience – counsel’s submissions are not evidence; affidavit must prove risk of disposal or irreparable harm.
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20 November 2024 |
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Applicant’s revision struck out because the impugned section 89 decision was appealable; revision is not a substitute for appeal.
Civil procedure – Revision vs appeal – Decision under section 89 CPC is a decree and appealable; revisional jurisdiction is supervisory and not a substitute for appeal; absence of proof that appeal was blocked bars revision.
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20 November 2024 |
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A probate appointment order is non-executable; stay of execution unavailable—ownership disputes require separate proceedings.
Probate law – appointment of administrator – whether appointment orders are executable – stay of execution – non-executable decrees – remedy for disputed ownership of estate property.
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20 November 2024 |
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Leave granted to applicant to seek judicial review (certiorari and mandamus) of police disciplinary dismissal; file within 14 days.
Administrative law – Judicial review – Leave to apply for certiorari and mandamus – Requirements: arguable case, jurisdiction and sufficient interest. Employment/disciplinary law – Challenge to disciplinary dismissal by police disciplinary committee – exhaustion of alternative remedies
Relief – Time limit to file substantive judicial review application (rule 8(1)(b))
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19 November 2024 |
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19 November 2024 |
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19 November 2024 |
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19 November 2024 |
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19 November 2024 |
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18 November 2024 |
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Subordinate court lacked EOCCA certificate; plea was imperfect and conviction therefore quashed.
Wildlife offences – unlawful possession of government trophy – necessity of expert valuation or inventory and proper tendering of exhibits; Plea of guilty – requirements for a perfect, unambiguous plea (reading of charge, explanation of ingredients, reading of admitted exhibits); Criminal procedure – EOCCA s.12(3) – requirement of certificate to confer jurisdiction on subordinate court for economic offences; Jurisdictional defect renders proceedings a nullity; Retrial and interest of justice.
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18 November 2024 |
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15 November 2024 |
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Appellant's rape and grievous harm convictions upheld based on victim's testimony, medical corroboration, and arrest at scene.
Criminal law – Rape: victim’s testimony as primary evidence corroborated by medical report (PF3); grievous harm established by medical evidence; identification sufficient where accused chased and arrested at scene; failure to cross‑examine estops accused from disputing unchallenged facts; minor variances in charge cured by evidence.
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15 November 2024 |
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Maim not proved as digit remained attached; conviction substituted to causing grievous harm with three-year sentence.
Criminal law – Offence of maim – element of permanent loss/disfigurement required – proof beyond reasonable doubt; admissibility of PF3 and non-production of weapon; conviction substituted to causing grievous harm (s.225 Penal Code).
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15 November 2024 |
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15 November 2024 |
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15 November 2024 |
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The plaintiff's contractual claim accrued in 2015 was time-barred; correspondence did not reset limitation, suit dismissed.
Limitation of actions – contract claims – accrual at breach and six-year limitation under the Law of Limitation Act. Acknowledgement of debt – sections 27–29 LLA – requirement of written and signed acknowledgement or part payment to postpone accrual. Preliminary objection – time bar is a pure point of law where facts of accrual are plain on the pleadings. Communications/negotiations or administrative measures do not interrupt limitation unless they meet statutory acknowledgement requirements. Remedy for expired limitation – dismissal under section 3(1) LLA
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14 November 2024 |
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Application struck out where reliefs targeted a non‑existent government entity; offending affidavit paragraphs may be expunged.
Civil procedure — interlocutory injunction (Mareva) — Affidavit admissibility — Order XIX r.3(1): facts only, no argument or conclusions — Expungement of offending paragraphs; Civil procedure — Parties — action against non‑existent government entity — not curable by overriding objective; remedy: strike out.
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14 November 2024 |