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Citation
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Judgment date
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| April 2026 |
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A flawed locus in quo visit does not invalidate a judgment when the respondent’s ownership is proved by admissible evidence.
Land law – locus in quo visit irregularity – curable if decision rests on admissible evidence; Evidence – sale agreement and corroboration sufficing to prove ownership; Principle nemo dat quod non habet – purchaser from person without title cannot obtain valid title
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17 April 2026 |
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Appellant proved ownership by documentary and oral evidence; sale by deceased’s children was void and Tribunal’s decision set aside.
Land law – ownership dispute – evaluation of documentary and oral evidence – validity of sale/exchange agreements (P1, P2, D1) – nemo dat quod non habet – non-joinder of purported purchaser (company) – remedies: declaration, injunction, compensation and damages
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17 April 2026 |
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Conviction quashed for failure to call material witnesses and missing medical evidence; sentence illegally exceeded statutory range.
Criminal law – grave sexual abuse – failure to call material witnesses – adverse inference; PF3 and medical evidence – importance for proof of penetration; victim’s testimony – weight and corroboration; typographical inconsistencies – non-fatal; sentencing – illegal life sentence where statute prescribes 20–30 years
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17 April 2026 |
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Applicant granted 30-day extension for technical delay in attaching tribunal judgment; no abuse of process found.
Land appeals — Extension of time — Technical delay for failing to attach tribunal judgment in eCMS — Judicial discretion — Abuse of process — Promptness and diligence
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17 April 2026 |
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Revision allowed where tribunal improperly granted withdrawal with leave to refile absent sufficient reasons after close of case.
Land law – Tribunal withdrawal of suit – Withdrawal with leave to refile – Requirement to show defects or sufficient grounds – Abuse of court process – Revision for illegality or material irregularity – GN. No. 174/2003 Reg.17 and Order XXIII CPC
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10 April 2026 |
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Whether an appellate court may revoke administration and appoint an administrator, and effect on a bona fide purchaser.
Probate law – Revocation of letters of administration – Appellate interference with discretionary powers – Jurisdiction of Primary Court to appoint administrators in Islamic/customary estates – Bona fide purchaser protection – Application of estoppel and admissibility of submissions as evidence in Primary Court proceedings
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10 April 2026 |
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Plaintiff permitted to withdraw and refile for unpleaded material facts and non‑joinder; no costs ordered.
Civil procedure – Withdrawal of suit – Order XXIII R.1(2) CPC – When withdrawal with leave to institute fresh suit is permissible – Formal defects and non‑joinder as sufficient grounds – Withdrawal allowed before closure of plaintiff’s case even after witness testimony
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10 April 2026 |
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Failure to join the employer as a necessary party was a material irregularity; retrial ordered with the employer joined.
Civil procedure — Non‑joinder of necessary party — Employer as necessary party where payroll deductions, salary slips and eligibility certifications are central — Material irregularity — Quashing and remitting for retrial; loan buyback allegations; conflicting salary slips and bank records; burden of proof considerations
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8 April 2026 |
| March 2026 |
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Appellant failed to discharge burden of proof; tribunal correctly accepted respondent's direct, corroborated evidence of ownership by gift.
Land law – ownership disputes – burden of proof and preponderance of probability; evidence – direct testimony versus hearsay; locus standi where ownership claimed by gift inter vivos; adequacy of land description and evaluation of witness corroboration
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31 March 2026 |
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Appeal dismissed: assessors’ opinion recorded, deed of gift held authentic, spousal consent not required for separate property.
Land law – appellate re-evaluation of evidence; assessors’ written opinion – compliance with LDCA s.23(2); validity/admissibility of deed of gift; spousal consent and separate property under Land Act/LMA
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30 March 2026 |
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Appeal dismissed: assessor's opinion present, deed of gift upheld, and spousal consent unnecessary for deceased's separate land.
Land law – assessors' opinion – compliance with LDCA section 23(2); Transfer by gift – deed of gift and village approval; spousal consent not required for disposal of separate property; admissibility and proof of forgery of instrument
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30 March 2026 |
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Applicant's failure to provide cogent proof of counsel's engagement justified dismissal of restoration application for non-appearance.
Civil procedure — Restoration of dismissed suit — Sufficient cause for non-appearance — Need for cogent supporting proof (summons, cause list, proceedings) — Overriding objective cannot cure repeated unexplained absences
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30 March 2026 |
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Appeal against conviction after an unequivocal guilty plea dismissed; only sentence challenges are permissible.
Criminal procedure – guilty plea – unequivocal plea – appealability under section 381(1) CPA – admissibility and reading of exhibits – caution statement and seizure certificate.
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30 March 2026 |
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Broken chain of custody and witness contradictions created reasonable doubt, so acquittal for unlawful possession was upheld.
Criminal law – unlawful possession of firearm and ammunition – elements of offence – existence, possession, and lack of lawful authority; Evidence – chain of custody – requirement for consistent descriptions and transfer records; Evidence – non-functionality of a firearm immaterial to possession offence; Burden of proof – prosecution must prove case beyond reasonable doubt; Appeal – acquittal upheld where custody and credibility doubts persist
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30 March 2026 |
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Appellant's registered title upheld; respondents failed to prove root of title and unstamped sale agreement expunged.
Land law — proof of title — prima facie effect of a certificate of title; Stamp Duty Act s.47 — unstamped instruments inadmissible; nemo dat quod non habet — purchaser acquires no better title than vendor; allocation letters and limits of Regional Commissioner’s authority under the Land Ordinance; probative value of inconsistent pleadings and unamended discrepancies
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30 March 2026 |
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Repayment agreement, not land dispute, governed the claim; primary court had jurisdiction and damages were properly awarded.
Contract law – repayment agreement separate from land negotiations; jurisdiction – Primary Court competence under s.18(1)(a) MCA for recovery of civil debt; sanctity of contract; damages under Fourth Schedule to the MCA; concurrent factual findings upheld
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30 March 2026 |
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Whether an admitted sale in pleadings defeats the appellant’s trespass and ownership claims against the respondent.
Land law – ownership and trespass; Pleadings and admissions – court may decide issues not expressly pleaded if litigated; Cause of action – requirement that defendant be the wrongdoer; Appellate review – fresh evaluation of credibility and contradictions in evidence
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30 March 2026 |
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Whether customary gift and long occupation established ownership, shifting burden to respondent to prove purchase and superior title.
Land law - ownership by customary gift and long occupation - burden of proof and shift to alleged purchaser - failure to produce sale agreement - boundary issue wrongly treated as ownership dispute - trespass and eviction
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30 March 2026 |
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Sale validated by signed agreement; buyer protected as bona fide purchaser despite unregistered marriage certificate.
Land law – validity of sale evidenced by written agreement – adverse inference for failure to call material witness – building-permit documents not proof of title – spousal consent for matrimonial home disposals – bona fide purchaser without notice
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30 March 2026 |
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Accused convicted for possession of 101 kg cannabis; chain of custody intact and mandatory life sentence imposed.
Drugs law – Trafficking by possession – Cannabis sativa (101 kg) – Independent witness and certificate of seizure – Chain of custody – Alibi insufficient – Mandatory life sentence – Destruction of exhibits
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30 March 2026 |
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Failure to produce an investigation report and insufficient proof of absenteeism rendered the termination procedurally and substantively unfair.
Employment law – unfair termination – burden on employer to prove valid reason and fair procedure; Code of Good Practice (G.N.42/2007) – Rule 13 – investigation and hearing rights; Evidence – requirement to specify dates and prove absenteeism; Compensation – terminal benefits do not substitute statutory compensation (Section 40 ELRA).
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27 March 2026 |
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Appeal dismissed: tribunal had jurisdiction and respondent proved ownership by credible oral evidence and long undisturbed occupation.
Land law – Jurisdiction of District Land and Housing Tribunal vis-à-vis Ward Tribunal certificate (s.13 LDCA) – Competency to sue over land – Proof of title by oral evidence – Long undisturbed occupation as corroboration of acquisition
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26 March 2026 |
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24 March 2026 |
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A tribunal must determine pleaded illegality when deciding condonation; failure to do so renders its decision irregular and liable to be quashed.
Labour law – condonation/extension of time – illegality as ground for extension – fixed‑term contract versus termination – duty of tribunal to determine all issues raised; right to be heard
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24 March 2026 |
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Appeal dismissed: mediation certificate not jurisdictional; administrator lawfully sold estate; respondents proved ownership on balance of probabilities.
Land law – mediation certificate under s.13(4) – not strictly jurisdictional where mediation extends beyond 30 days; Probate and administration – administrator’s power to sell estate property without heirs’ consent; Evidence – burden of proof and weight of evidence on balance of probabilities; Proof of ownership – utility of property tax/demand note as probative evidence; Civil procedure – sufficiency of description of immovable property; Reliefs – vacant possession within pleaded reliefs.
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20 March 2026 |
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Accused convicted for possession/trafficking of 102kg cannabis; chain of custody intact; sentenced to mandatory life imprisonment.
Drugs — Trafficking by possession — 102 kg Cannabis sativa — Certificate of seizure and independent witness — Chain of custody properly documented — Government Chemist confirmation of THC — Alibi rejected — Mandatory life sentence — Destruction of exhibits.
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20 March 2026 |
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Accused convicted for trafficking 221.03 kg cannabis; chain of custody upheld and mandatory life imprisonment imposed.
Drugs trafficking — possession of large quantity (221.03 kg cannabis) — independent witness and certificate of seizure — chain of custody — alibi notice under section 200 CrPC — mandatory life sentence under DCEA/EOCA — destruction of exhibits.
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20 March 2026 |
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Extension granted to file notice of appeal due to technical misfiling and limited legal access of an inmate.
Criminal procedure — Section 416 CPA — Extension of time to file notice of appeal — Technical delay and misfiling — Inmate's limited access to legal services — Previous struck-out applications as sufficient cause.
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19 March 2026 |
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Charge–evidence variance and lack of Primary Court jurisdiction quashed conviction; unlawful sentence set aside.
Criminal procedure — charge–evidence variance; robbery vs gang robbery; particulars and identification; Primary Court jurisdiction; sentence confirmation for custodial terms exceeding six months; conviction nullity.
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13 March 2026 |
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Inconsistent witness identification and a disputed seizure certificate led to acquittal for alleged possession of cannabis and destruction of exhibits.
Drugs – possession/trafficking – identification of accused – certificate of seizure – independent witness contradictions – chain of custody – proof beyond reasonable doubt – acquittal – destruction of exhibits.
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13 March 2026 |
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Conviction quashed due to a broken chain of custody despite lawful search; one exhibit expunged.
Criminal law — Search and seizure — Section 39(3) CPA — Certificate of seizure as substitute for receipt; Independent witness — presence at search vs arrest; Documentary evidence — must be read aloud; Chain of custody — unbroken custody required; Identification parade — not required where arrest at scene and identity undisputed.
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12 March 2026 |
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Administrator’s land claim filed after twelve‑year limitation was time‑barred; Tribunal lacked jurisdiction and appeal allowed.
Limitation law – accrual of right of action to recover land of a deceased person arises on date of death (LLA s9(1)) – twelve‑year limitation period (LLA ss4–5) – time‑bar renders proceedings a nullity and deprives Tribunal of jurisdiction; administrator’s locus standi raised but not determined.
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12 March 2026 |
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Primary Court had jurisdiction over contractual money recovery from sale of land; bricks damages were unproven and set aside.
Jurisdiction – Primary Court – recovery of contractual debt arising from sale of land vs land title dispute; Evidence – burden to prove existence, value and alleged taking of construction materials; Second appeal – interference with concurrent findings only for misapprehension, miscarriage of justice or legal error.
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10 March 2026 |
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Appeal allowed: conviction quashed due to exhibit admission errors, evidential gaps and unexplained 63‑day arraignment delay.
Criminal law – search and seizure under Wildlife Conservation Act s.106 – warrantless search with independent witness; Evidence – identification and tendering of exhibits; Chain of custody; Procedural fairness – duty to evaluate defence/alibi (s.194 CPA); Arraignment delay – EOCCA s.29(1) and prejudice from unexplained delay; Proof beyond reasonable doubt.
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6 March 2026 |
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Missing trial record and destroyed police file breached the appellant’s right to appeal, warranting quashing of conviction and release.
Criminal procedure — Missing or destroyed trial record and police file — Right to fair hearing and appeal — Revisionary powers under s.44(1)(a) Magistrates’ Court Act — Retrial inappropriate where record lost and lengthy delay.
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6 March 2026 |
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Grant of letters revoked for lack of heirs’ consent and concealment of material facts; costs awarded to applicants.
Probate and Administration – Revocation of grant – Section 49 PAEA – Grounds: defective proceedings, concealment, untrue allegations – Probate Rules 39 & 71(1) – requirement of heirs’ written consent – closed administration and proper remedy (review/appeal).
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4 March 2026 |
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An equivocal guilty plea—where facts were not read in a language understood—invalidated the conviction; fresh plea ordered.
Criminal procedure – guilty plea requirements – plea must be unequivocal; facts must be read to accused in a language he understands – record presumed accurate but an equivocal/unfinished plea can be set aside – revisionary powers under s.395(1)(b) Criminal Procedure Act.
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4 March 2026 |
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DNA paternity should be recorded; maintenance of TZS 100,000/= upheld; arrears unproven; school fees to be shared 50:50.
Child maintenance – paternity confirmed by DNA – pleadings limit relief – assessment of maintenance under Rule 84(1) and s.44 LCA – unproved arrears and unproven school fee quantum – parents share educational expenses 50:50.
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2 March 2026 |
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Applicant failed to prove prima facie title or irreparable harm; injunction dismissed given compensable loss and public interest.
Civil procedure — Temporary injunctions — Atilio tests (prima facie case, irreparable harm, balance of convenience); Village/reserved land — statutory formalities for disposal and requirement of Village Council approval; Irreparable injury — distinguishable from compensable monetary loss; Public interest — injunction restraint on public development; Procedural irregularity — mis‑citation curable under overriding objective.
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2 March 2026 |
| February 2026 |
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Probate closure discharged the administrator; suit filed thereafter lacked locus standi, rendering the Tribunal’s proceedings a nullity.
Civil procedure – locus standi and jurisdiction – probate closed before filing land suit – proceedings without jurisdiction are nullities; Land Disputes Courts – revision under s.47 – quashing judgment for lack of jurisdiction; evidence – role of probate proceedings (Exhibit D2) in establishing capacity to sue.
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27 February 2026 |
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High Court upheld CMA: probationary review before six months lawful; poor performance proven; one-month compensation for procedural lapse upheld.
Labour law – probationary review timing – employer may evaluate on or before probation end; Performance assessment – calculation and threshold for confirmation; Senior employees – opportunity to improve not mandatory under Guidelines; Procedural irregularity – lack of documented line-manager approval attracts discretionary compensation; CMA award – appellate interference not warranted where discretion reasonably exercised.
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27 February 2026 |
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Convictions quashed where prosecution evidence was contradictory and key exhibits were not admitted.
Criminal law – burden of proof beyond reasonable doubt; evidence – exhibits not tendered or admitted expunged; procedure – change of magistrate and I.K.S. notation; appellate review – new ground not entertained on second appeal; citation of registry not fatal.
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27 February 2026 |
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High Court certified three points of law for appeal on bill of costs hearing, definition of labour dispute, and execution proceedings requirement.
Appellate jurisdiction – Certification of points of law under AJA s.8(2)(c) – Right to be heard on bill of costs – Definition of labour dispute – Requirement for execution proceedings under Primary Courts (Civil Procedure) Rules.
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27 February 2026 |
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A certificate lacking the Board's findings under s104(5) LMA invalidates divorce proceedings for want of jurisdiction.
Law of Marriage Act — Marriage Conciliation Board certificate — requirement under s104(5) to record findings — s101 prerequisite to instituting divorce — defective certificate invalidates proceedings and deprives court of jurisdiction.
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27 February 2026 |
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Appeals from Primary Courts must be filed first in the District Court; electronic filing rules do not override that statutory mandate.
Civil procedure – Appeals from Primary Courts – Section 25(3) Magistrates’ Courts Act and Rule 5(3) Primary Court Rules – mandatory filing in District Court – Electronic Filing Rules do not displace statutory requirements – appeal struck out for wrong registry.
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26 February 2026 |
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Court confirms paternity, upholds TZS 100,000 maintenance, dismisses unpleaded arrears and unproven school-fee claim.
Child maintenance — paternity/DNA evidence must be recorded in judgment — maintenance quantum assessed against parent's dependants and proof of income — arrears claims require pleading and proof — school-fee arrears need documentary evidence.
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26 February 2026 |
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A suit instituted against a deceased person is a nullity and must be struck out, not cured by amendment.
Land law – Competency of proceedings – Suit instituted against a deceased person is a nullity – Amendment is not a cure; proper remedy is striking out – Section 47(1)(b) & (2) Land Disputes Court Act.
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26 February 2026 |
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A suit filed against a person dead at institution is a nullity and must be struck out, even among multiple respondents.
Civil procedure — Suit instituted against a deceased person — Nullity of proceedings where death preceded institution — Multi-defendant cases not immune — Proper remedy: striking out and fresh suit — Order 47(1)(b) & (2) Land Disputes Courts Act.
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25 February 2026 |
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Failure to join a spouse claiming proprietary rights and the allocating authority vitiated the land proceedings and warranted quashing and remittal.
Property law – necessary parties – non-joinder of person claiming proprietary interest and allocating/registering authority vitiates proceedings; Order I Rule 3 CPC; locus in quo and evidential limits; Letter of Offer and need for demarcation/survey plan where allocation challenged.
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25 February 2026 |
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Delay in supplying certified judgment and proceedings to an incarcerated appellant can justify extension of time to appeal.
Criminal Procedure Act s.382(2) — extension of time to appeal — delay in supply of signed and certified judgment and proceedings — incarcerated applicant's inability to obtain records — certified copies necessary for appeal.
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24 February 2026 |