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Citation
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Judgment date
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| December 2025 |
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Applicant showed a prima facie dispute but failed to prove irreparable harm or balance of convenience; injunction refused, no costs.
Civil procedure — Temporary injunction — Order XXXVII Rule 1(a) CPC — three conditions: prima facie case, irreparable loss, balance of convenience — insufficiency of affidavit evidence on danger of wasting, damaging or alienation — inherent powers (section 105 CPC) — refusal of injunction where conditions not cumulatively met.
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19 December 2025 |
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Attachment before judgment requires proof of real risk of dissipation, not merely a prima facie ownership claim by the applicant.
Civil procedure – Attachment before judgment (Order XXXVI r.6) – requirements: prima facie case, real risk of dissipation/removal or flight, balance of convenience, cogent evidence – Affidavit formalities – jurat, verification clause and electronic endorsement – res judicata applicability.
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19 December 2025 |
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Ex parte orders remain binding until set aside; permitting participation without vacatur is a fatal procedural irregularity.
Land law – ex parte orders – Regulation 11(2) Land Dispute Courts Regulations – requirement to apply to set aside ex parte order – tribunal bound by its own orders – overriding objective cannot cure mandatory procedural defects – nullification and remittal for rehearing
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18 December 2025 |
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Claim to recover deceased's land was time‑barred under the 12‑year limitation; appeal dismissed with costs.
Limitation of actions – recovery of deceased's land – Item 22 Part I Law of Limitation Act – accrual when cause of action known – time‑bar as jurisdictional bar; abandonment of unargued grounds; evaluation and admissibility of sale agreement (not decided)
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18 December 2025 |
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Prison transfer and administrative constraints can constitute sufficient cause to extend time to file a criminal appeal.
Criminal procedure - extension of time under s.382(2)
Criminal Procedure Act - "sufficient cause" assessed by factors (length, reason, applicant's conduct, arguable case, prejudice) - prison transfer and administrative constraints as sufficient cause - leave to file appeal out of time
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18 December 2025 |
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A land tribunal properly exercises jurisdiction to restrain sale of mortgaged land; lender must produce current records to disprove repayment.
Land law — Jurisdiction of District Land and Housing Tribunal to restrain sale of mortgaged land; Pleadings and reliefs determine jurisdiction; Res sub judice — requirement of substantial identity of cause and relief; Evidence — evidential weight of loan status reports vs. contemporaneous bank records; Admission of exhibits — failure to read out not fatal absent shown prejudice.
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18 December 2025 |
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Secondary documentary evidence requires Rule 11 compliance; appeal dismissed for lack of misapprehension of evidence.
Evidence — Documentary evidence — No obligation to read exhibits before admission; secondary documents require Rule 11 explanation. Civil appeal — concurrent factual findings — second appellate court will not interfere absent misapprehension of evidence or miscarriage of justice. Burden of proof — party onus remains unless discharged; failure to rebut evidence is fatal
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18 December 2025 |
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Respondent's oral counterclaim proved; set-off recalculated to TZS 4,594,000/=; appeal dismissed.
Civil procedure — counterclaim; oral contract and proof — burden of proof on claimant; failure to cross-examine amounts to acceptance; documentary evidence not always required; set-off and correct arithmetic of mutual debts; appellate re-evaluation of evidence
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17 December 2025 |
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Attorney General joinder and reserved Labour Court jurisdiction remove the need for mandatory CMA referral.
Labour law – Organisational rights – Sections 65 and 66 ELRA – CMA mediation not mandatory where union already exercised rights – Joinder of Attorney General – High Court (Labour Division) exclusive jurisdiction under section 95(1)
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17 December 2025 |
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An appeal against a Primary Court execution order must proceed by revision; District Court lacked jurisdiction and its appeal was struck out.
Civil procedure — Execution orders — No appeal lies from execution orders; remedy is by way of revision (or review) — Appeal improperly instituted and struck out.
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17 December 2025 |
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Plaintiff failed to prove ownership of market rooms; City Council lawfully owned rooms and could collect rent.
Land law – public land vested in the State and managed by local government; Build-and-lease and short-term tenancy do not transfer ownership; burden of proof on claimant in civil cases; nemo dat quod non habet; trespass requires unlawful entry by non-owner; estoppel requires clear representation effecting transfer
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17 December 2025 |
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Appellant's liability upheld but damages reduced for lack of strict proof; plaintiff had capacity to sue; interest adjusted to 7%.
Corporate capacity to sue; admissibility and weight of primary vs secondary documentary evidence (PE9 police report v PE15 garage invoice); proof of special damages (repair costs and loss of business) and the principle of indemnity; limits of appellate interference; locus standi to challenge ex parte proceedings.
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17 December 2025 |
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Whether the administrator lawfully owns 84 acres and the occupying relative is a trespasser.
Land law — allocation of village land — evidential weight of allocation letters and village records; ownership by administrator of deceased's estate; trespass — unauthorised occupation after permission revoked; survey and registration — no lawful registration proved; damages for unlawful assertion of ownership.
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15 December 2025 |
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A chattel mortgage clause authorising sale without notice validly permits bank repossession and sale; borrower liable for outstanding loan.
Chattel mortgage – power of sale without prior notice where contract expressly so provides; burden of proof of forgery in civil cases; applicability of Land Act/Auction Act provisions to chattel mortgages; entitlement to recover outstanding loan on counterclaim.
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15 December 2025 |
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Non-joinder of registered co-owners prevents effective adjudication; suit struck out with leave to refile after proper joinder.
Land law – Title dispute – Non-joinder of registered co-owners – Order 1 Rule 10(2) CPC – Right to be heard – Effectual and executable decree – Suit struck out with leave to refile.
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12 December 2025 |
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The applicant failed to prove ownership; the registered customary right of occupancy remained valid and the suit was dismissed.
Land law – ownership dispute; burden of proof – preponderance of probabilities; pleadings – sufficiency of description of immovable property; customary right of occupancy – validity of registered title absent proof of fraud; effect of inadequate pleadings on proof of title.
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12 December 2025 |
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Plaintiff failed to prove ownership; registered customary title favored the defendant and the suit was dismissed.
Land law – Proof of ownership – Burden of proof on claimant – Pleading requirements for immovable property (Order VII r.3) – Sufficiency of description – Customary right of occupancy certificate presumed valid absent proof of fraud – Claim dismissed for failure to prove title.
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12 December 2025 |
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Non‑compliance with prescribed Land Form No.45 renders a mortgage auction void; the suit land is restored to the plaintiff.
Land law — Mortgage remedies — Section 125 Land Act — Requirement to serve prescribed Land Form No.45 — Non-compliance renders default notice and consequent auction void — Restoration of mortgaged land and refund to purchaser.
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12 December 2025 |
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The appellant cannot raise fraud of reconciliation certificate on appeal; respondent proved existence and contribution to matrimonial assets.
Matrimonial law – requirement of referral to Marriage Conciliation Board (s.101) – raising new facts on appeal – Evidence – failure to cross-examine amounts to acceptance – Division of matrimonial property – statutory criteria and contributions (s.114)
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12 December 2025 |
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Plaintiff’s Customary Right of Occupancy upheld; defendant failed to prove forgery; plaintiff awarded damages, interest and costs.
Land law – ownership dispute – Customary Right of Occupancy – presumption of title – burden to prove forgery or unlawful procurement – probative value of CRO and village/land officer testimony – award of general damages, interest and costs.
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12 December 2025 |
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Conviction overturned where police‑orchestrated identification and co‑accused confessions left appellant’s guilt uncorroborated.
Criminal law — Visual identification — police‑led scene identification equivalent to dock identification; Waziri Amani factors required
Evidence — Confessions of co‑accused inadmissible as sole corroboration; section 33(1)–(2) Evidence Act
Corroboration — Cautioned statements require independent evidence. Criminal procedure — Trial in absence for absconding (s.226/243 CPA); mis‑citation of law curable (s.411 CPA)
Investigation — Failure to recover stolen property undermines prosecution
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12 December 2025 |
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Cause of action accrued in 2016; suit filed in 2025 was within limitation, appeal allowed and remitted for merits.
Limitation of actions – accrual of cause of action – pleadings must be read holistically – objection/execution proceedings may give rise to fresh cause of action – remittal for hearing on merits.
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12 December 2025 |
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11 December 2025 |
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Cause of action to recover a deceased's land accrues when the trespass is discovered, not automatically at death.
Limitation law – land recovery from deceased – s9(1) LLA as deeming provision – accrual of cause of action under ss 4, 5 and 24(1) – discovery of trespass governs limitation computation.
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11 December 2025 |
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11 December 2025 |
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Withdrawal without leave bars refiling an application for the same relief under Order XXIII Rule 1 CPC.
Civil Procedure — Order XXIII Rule 1 CPC — Withdrawal of suit/applications — "Suit" includes applications — Withdrawal without leave to refile bars instituting fresh suit or application — Rule 1(2) conditional withdrawal vs Rule 1(3) preclusion.
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11 December 2025 |
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Court granted extension to seek restoration of a dismissed suit, accepting technical delay and prompt action by the applicant.
Extension of time — Law of Limitation Act s.14(1) and Civil Procedure Code s.105 — restoration of suit dismissed for want of prosecution — technical delay — Lyamuya principles (accounting for delay, diligence, absence of negligence) — prompt filing — no prejudice.
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11 December 2025 |
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11 December 2025 |
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11 December 2025 |
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Applicant failed to show sufficient cause or evidence for extension of time; application dismissed.
Civil procedure — Extension of time — Applicant must show sufficient cause and account for every day of delay; administrative delay and bereavement require documentary proof; counsel's negligence or pursuing an out-of-time application does not ordinarily constitute sufficient cause; no point of law or illegality alleged.
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10 December 2025 |
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Court overruled time-bar objection due to ambiguity whether claim is statutory compensation (1-year) or trespass (3-year).
Limitation of actions — Preliminary objection — Time-bar — Whether action is compensation under written law (1-year limitation) or tort/trespass to land (3-year limitation) — Ambiguity in pleadings requiring evidence — Jurisdictional implications.
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10 December 2025 |
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Appellant failed to prove ownership; mortgage transfer lawfully executed and appeal dismissed with costs.
Land law — mortgage as security — loan agreement and transfer upon default — burden and standard of proof in civil claims — admissibility of unsigned/ unsealed transfer documents — curable irregularity of unstamped instruments — reasonableness of notice period.
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10 December 2025 |
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District Tribunal lacked jurisdiction because some parties were not included in the Ward Tribunal mediation certificate.
Land disputes — Ward Tribunal mediation certificate — Section 13(4) Land Disputes Courts Act — mandatory precondition to jurisdiction — necessary parties; nullity of proceedings; trustees' capacity and documentary formalities (raised but not decided).
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10 December 2025 |
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10 December 2025 |
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10 December 2025 |
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Appellate court upheld vicarious liability and admissibility of secondary evidence, dismissing challenge to general damages award.
Vicarious liability — entrustment and employer-employee admission; admissibility of secondary evidence and notice to produce; Small Claims Procedure Rules and dispensation of technicalities; assessment of general damages; appellate review of factual findings.
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10 December 2025 |
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Court quashed an illegal fine for narcotic trafficking and substituted the statutory 30-year prison sentence.
Drugs Control and Enforcement Act s15A(2)(c) – trafficking – mandatory minimum 30 years imprisonment; sentencing illegality; appellate revision under s387(1)(b) Criminal Procedure Act; trafficking established despite clerical error; confiscation/destruction of exhibits.
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10 December 2025 |
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Failure to join the allocating authorities rendered orders for resurvey and title rectification a nullity.
Land law – customary right of occupancy – double allocation – non-joinder of allocating authorities (village and district councils) – orders for resurvey, re-demarcation and rectification of titles unenforceable against non-parties – judgment nullity.
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10 December 2025 |
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A cooperative is a separate legal entity; the appellant cannot be personally liable absent proof or exceptional circumstances.
Contract law – privity of contract; Cooperative societies – separate legal personality (s.35(1) Cooperative Societies Act); Misjoinder of parties; Locus standi and corporate authorisation to sue; Piercing the corporate veil – exceptional circumstances and burden of proof.
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10 December 2025 |
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8 December 2025 |
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Plaintiff proven owner of Farm No. 83; titles for Farms Nos. 84 and 85 cancelled for lacking lawful WDC-approved allocation.
Land law – village land allocation – Ward Development Committee approval mandatory – validity of pre-1999 surveys and registrations – boundary demarcation effect – presumption in favour of registered title.
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5 December 2025 |
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The plaintiff declared owner; auction and transfer void for defective execution documents and improper collateral.
Land law – Ownership and title – Registered title presumed owner unless obtained unlawfully – Execution and sale of land – Requirement for precise property identification in attachment and sale orders – Collateral mismatch and lack of judgment authorising transmission – Remedy: declaration of ownership and cancellation of improper transfer in land registry.
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5 December 2025 |
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Appeal dismissed: plaintiff failed to plead or prove absence of reasonable and probable cause and malice in malicious prosecution claim.
Tort — Malicious prosecution — Elements required — burden of proof on plaintiff; reasonable and probable cause satisfied by honest belief; need to plead malice and not rely on evidence outside pleadings.
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5 December 2025 |
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5 December 2025 |
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5 December 2025 |
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5 December 2025 |
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5 December 2025 |
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5 December 2025 |
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5 December 2025 |
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5 December 2025 |