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Citation
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Judgment date
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| November 2025 |
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Non-joinder of the Registrar of Titles and the principal owner in a registered land dispute renders proceedings bad and was fatal.
Land law – registered land – necessary parties – failure to join Registrar of Titles and principal owner in proceedings concerning registered title; agency – agent/court broker cannot be sued alone where principal’s proprietary rights are affected; procedural law – preliminary objections and curability of pleading defects under overriding objective.
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14 November 2025 |
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A tribunal’s unilateral alteration of issues without hearing parties breaches natural justice and vitiates its judgment.
* Civil procedure – change of issues mid‑trial – tribunal must record reasons and consult parties; unilateral alteration breaches audi alteram partem and vitiates proceedings.
* Land dispute – procedural irregularity leading to quashing of judgment and remittal for rehearing.
* Principles: Order XIV r.1 CPC, right to be heard, authorities on natural justice.
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14 November 2025 |
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Extension of time granted where appellant’s earlier Court of Appeal appeal was struck out, constituting excusable technical delay.
Appellate procedure – extension of time under s.11(1) AJA – striking out appeal extinguishes notice of appeal – technical delay excusable – compliance with Court of Appeal Rules (service) raised but not determinative.
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14 November 2025 |
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Appeal allowed: conviction quashed because prosecution failed to prove lack of consent beyond reasonable doubt.
Criminal law – Rape – Elements: penetration and absence of consent – Victim’s evidence as best evidence but must be credible, reliable and probable – Appellate re‑evaluation of credibility – Medical report (PF3) corroboration vs. evidential insufficiency on consent.
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11 November 2025 |
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A pleaded part payment fixes accrual on the last payment date, so the defendant’s limitation objection failed.
Limitation of actions – contract – Section 27(3) Law of Limitation Act – accrual on date of last payment/acknowledgement; Preliminary objection – must raise a pure point of law not requiring factual inquiry; Preliminary objection on limitation overruled where part payment is pleaded.
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11 November 2025 |
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The appellant's conviction for unnatural offence was quashed due to material contradictions creating reasonable doubt.
* Criminal law – Unnatural offence – elements: penetration and identity of perpetrator – proof beyond reasonable doubt required. * Evidence – material contradictions in prosecution witnesses regarding venue and presence of accused can create reasonable doubt. * Procedure – failure to cross‑examine does not relieve prosecution of its burden to prove the case.
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10 November 2025 |
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Nighttime recognition identification insufficient without lighting particulars; conviction quashed for lack of corroboration.
* Criminal law – Identification by recognition – even where accused is known to the witness, clear evidence as to source and intensity of light is required for nighttime visual identification; failure to provide such particulars undermines reliability. * Trial practice – Non-production of important witnesses by prosecution without explanation permits adverse inference and may impair proof. * Sexual offences – Corroboration and reliable identification are essential where risk of mistaken identity exists.
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10 November 2025 |
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Applicant failed to prove the injunction was in force, that respondents knew of it, or that they wilfully disobeyed; committal dismissed.
* Civil contempt – elements: existence of lawful order, knowledge of order, wilful disobedience – all elements must be proved cumulatively and strictly. * Proof of service/knowledge – essential in committal proceedings; absence defeats committal. * Corporate respondents – must be specifically attributed with acts of disobedience. * Order XXXVII Rule 2(2) CPC – attachment and committal powers exercisable only upon strict proof.
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7 November 2025 |
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An appeal filed in the wrong registry is incompetent and is struck out without addressing substantive matrimonial issues.
Civil procedure — Appeals under the Law of Marriage Act — mandatory filing of memorandum in the subordinate court; competence and jurisdiction. Family law — alleged customary marriage versus later Christian marriage; evidentiary requirements. Matrimonial property — requirement to prove joint acquisition or contribution before division of assets.
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7 November 2025 |
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Applicant’s sickness justified a short delay; alleged illegality was not established; 21-day extension granted.
* Civil procedure – Extension of time – Exercise of court’s discretion under Limitation Act and CPC – Applicant must show sufficient cause and account for each day of delay. * Sickness – Medical evidence can constitute sufficient cause where credible and substantiated. * Illegality – Must be specifically pleaded and demonstrated to ground extension. * Delay – Short delay due to illness may be excused; court may grant limited extension. * Costs – Court may refuse order for costs when granting extension.
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5 November 2025 |
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An informal gift and clan resolution cannot defeat the respondent’s registered title; disposition requires written, registered instrument.
Land law — disposition of registered land must be in writing and registered; clan meetings and oral arrangements cannot transfer registered title; letter authorising rent collection not a deed of gift; probate appointments conclusive until revoked; presumption of ownership in favour of registered proprietor.
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5 November 2025 |
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Circumstantial evidence (phone possession and location data) insufficient where a material eyewitness was not called and alternative explanations exist.
Criminal law – Murder – Circumstantial evidence – Requirement that circumstantial evidence be watertight and point unerringly to the accused – Recent possession and phone-location data as circumstantial evidence – Adverse inference for failure to call material witness.
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5 November 2025 |
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Last-seen evidence, confession and forensic proof established guilt; accused convicted of murder and sentenced to death.
Criminal law – Murder: identity of remains (DNA and post-mortem) – last person seen rule and circumstantial evidence – admissibility and voluntariness of cautioned statement – malice aforethought – sentence of death.
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5 November 2025 |
| October 2025 |
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Appeal struck out as incompetent due to a material variance in the appellant’s name; overriding-objective principle inapplicable.
Appeal procedure – competence of appeal – variance in parties' names – material discrepancy v. typographical error – overriding objective principle inapplicable to cure fundamental identity defects – appeal struck out.
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28 October 2025 |
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Court ordered winding-up where insolvency plus irreconcilable shareholder deadlock were established and respondent consented.
* Companies Act – Winding up – Insolvency (liabilities exceed assets; inability to pay debts) as ground for winding up. * Companies Act – Just and equitable winding up – shareholder deadlock, failure to hold statutory meetings, cessation of operations. * Consent to petition and absence of objection – effect on grant of winding-up order. * Appointment of liquidator under s.294 and exercise of powers under ss.299–304.
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27 October 2025 |
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Appeal allowed where trial Tribunal misapplied pleadings rules and respondent failed to prove land ownership.
* Civil procedure – pleadings and issues – parties are bound by pleadings; amendments that change cause of action require reframed issues
* Evidence – burden of proof – party alleging ownership must prove title on balance of probabilities
* Land law – customary right of occupancy/certificate as prima facie proof of ownership unless shown unlawful
* Limitation – cause of action date is decisive; alleged trespass in 2017 made action timely
* Remedies – misdirection on pleadings and proof warrants quashing of trial Tribunal judgment
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27 October 2025 |
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Appeal filed after the 45‑day statutory period struck out; technical e-filing problems insufficient without extension application.
* Civil procedure – Appeals – Time limitation for appeals from District Land and Housing Tribunal – 45-day statutory period under section 44(1)(2) of the Land Dispute Courts Act; electronic filing delays do not excuse late filing without application for extension and supporting affidavit.
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27 October 2025 |
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Appellants failed to rebut respondent’s evidence; court upheld ex parte award and confirmed jurisdiction, dismissing the appeal with costs.
Civil procedure – jurisdiction (pecuniary and territorial) – value and place where cause of action arose; Civil procedure – ex parte judgment – duty to scrutinise evidence; Evidence – civil standard (balance of probabilities) – admissibility and sufficiency of bank statements, demand notices and delivery records; Corporate capacity – liability of trustees’ board and requirement of objection to challenge legal personality; Misjoinder – suit not defeated by misjoinder or non-joinder of parties.
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24 October 2025 |
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A claim to recover a deceased’s land accrues on the date of death; suit within statutory period, objection dismissed.
Limitation law – Section 9(1) Law of Limitation Act – accrual of right of action to recover land of a deceased deemed to occur on date of death – preliminary objection of time-bar dismissed where probate shows death within statutory period.
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24 October 2025 |
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Conviction for unlawful possession of elephant tusks upheld; sentence varied to mandatory 20 years, alternative fine set aside.
* Wildlife law – Unlawful possession of government trophies – identification, valuation and chain of custody of elephant tusks. * Criminal evidence – credibility and minor contradictions – when inconsistencies do not vitiate prosecution case. * Procedure – requirement for independent witness on searches; absence of village chairman not fatal where other witness present. * Sentencing – mandatory minimum imprisonment and fines as additional, not alternative, penalties under Wildlife Conservation Act.
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21 October 2025 |
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Misjoinder of a respondent does not defeat the suit; court ordered amendment and struck out the wrongly joined respondent.
Civil procedure – misjoinder/non-joinder of parties – Order I Rule 9 – wrong party sued – amendment of plaint – striking out wrongly joined party – no order as to costs.
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21 October 2025 |
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Conviction quashed where identification was unsafe, essential witness absent and penetration not proved beyond reasonable doubt.
Criminal law – sexual offences against a child; identification evidence – dock identification and need for prior description or identification parade; charge-sheet sufficiency – particulars vs omitted subsections; failure to call arresting/essential witnesses – adverse inference; proof of penetration and age – essential elements; conviction unsafe where identification and causation are in doubt.
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21 October 2025 |
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Acquittal upheld where victim's inconsistencies and contradictions with medical evidence created reasonable doubt.
* Criminal law – Sexual offences – Incest by male – ingredients: relationship (biological father) and proof of sexual intercourse/penetration. * Evidence – Credibility and coherence of victim in sexual offence cases; effect of delay in reporting and variance with charge. * Medical evidence – Expert findings (absence of hymen, vaginal "expansion") not necessarily conclusive; contradictions between lay witness and medical report may be material.
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21 October 2025 |
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High Court dismisses review for being filed in wrong forum and for failure to establish recognised grounds for review.
* Civil procedure – Review applications – Proper forum for review – Review of land council decisions must be sought before the same council (Order XLII). * Administrative law – Grounds for review – clear error on face of record, fraud, denial of hearing, lack of jurisdiction (Karim Kiara test). * Land disputes – procedural compliance and exhaustion of remedy before administrative/land councils.
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20 October 2025 |
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Convictions for murder based on voluntary confessions corroborated by eyewitness, forensic and investigative evidence; death sentences imposed.
Criminal law – Murder – elements: death, causation, malice aforethought – admissibility and weight of cautioned and extra‑judicial statements – corroboration of confessions – trial within a trial – corroborative eyewitness and forensic evidence.
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17 October 2025 |
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Prosecution proved manslaughter by medical evidence, eyewitnesses and a corroborated dying declaration.
Criminal law – Manslaughter – Elements: unnatural death and causation – Medical evidence and post-mortem – Dying declaration admissibility and corroboration (s.34 Evidence Act) – Date variance and absence of PF3 immaterial where causation established – Malice aforethought not required.
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17 October 2025 |
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Appellant and respondent equally contributed to the matrimonial house; trial court's unequal 25/75 division quashed and 50/50 ordered.
* Matrimonial property – division – contribution as basis for division – monetary and non-monetary contributions considered under Sections 114 and 160 of the Law of Marriage Act. * Evidence – burden and standard in civil matrimonial claims – balance of probabilities and credibility of witnesses. * Presumption of marriage from cohabitation – effect on property rights. * Remedy – professional valuation and buy-out within specified timeframe; no costs ordered.
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16 October 2025 |
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Perishable-exhibit disposal without recording the accused's comments breached fair-trial rights; defective exhibit expunged and convictions quashed.
Exhibit disposal procedures – perishable government trophies – accused’s right to be present and heard at disposal proceedings – Inventory/valuation documents improperly admitted – breach of Article 13(6)(e) fair trial right – expunction of exhibit – quashing of convictions.
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15 October 2025 |
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Administrator ceased by operation of law after 30+ years’ failure to file accounts; District Court erred in extending time without formal application.
Probate law – revocation for failure to exhibit inventory/accounts under s.49(1)(e) – prolonged non‑compliance (30+ years) terminates grant by operation of law; Probate Rules (Rule 107, Rule 109) – formal application required for extension of time; intestacy – persons with statutory interest have priority; grandchildren lack automatic right absent will or representation.
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15 October 2025 |
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Conviction quashed where identification, procedural exhibit error and contradictory medical evidence created reasonable doubt.
* Criminal law – Rape (statutory) – proof of penetration, age and identity; * Evidence – documentary exhibits must be read aloud after admission; failure results in expungement; * Identification by recognition – caution where incident occurs in darkness and no prior descriptive account; * Medical evidence – contradictions between oral testimony and PF3 affect credibility; * Defence – alibi notice under s.194(4) CPA and trial court's consideration.
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13 October 2025 |
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DNA chain-of-custody flaws and inconsistent medical findings undermined the prosecution’s rape case; conviction quashed.
Criminal law – Rape – Proof beyond reasonable doubt; Forensic evidence – Chain of custody – requirement for receipts, labelling and continuity; Evidence – assessment of victim credibility vis-à-vis medical examination; Procedure – admissibility of expert witness evidence and consequences of broken chain of custody.
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13 October 2025 |
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Broken DNA chain of custody and uncorroborated medical findings rendered the rape conviction unsafe.
Criminal law – sexual offences – adequacy of chain of custody for DNA and exhibits; admissibility and weight of medical evidence; assessment of victim credibility where medical examination shows no signs of penetration; appellate re-evaluation of evidence; conviction unsafe where key forensic link broken.
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13 October 2025 |
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Strong circumstantial evidence and proper admission of electronic/secondary exhibits upheld; appeal dismissed.
* Criminal law – Cheating (s.304 Penal Code) – elements and proof by circumstantial evidence; linking possession, IMEI tracking and witness testimony. * Evidence – Admissibility of electronic/secondary documents; application of Evidence Act ss.66–68 and Electronic Transactions Act s.18; re-tendering by different witness. * Procedure – functus officio principle and when re-admission by a later witness is permissible. * Relief – Compensation in criminal proceedings for quantifiable material loss caused by cheating.
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10 October 2025 |
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Claim for farm produce and shop goods failed due to contradictory evidence and lack of corroboration; lower judgments quashed.
Civil evidence — burden of proof — balance of probabilities; conflicting witness testimony on quantities and sale price of produce; necessity of documentary corroboration (receipts/purchaser testimony); inventory exhibit indicating joint ownership of shop goods; appellate review of misapprehension of evidence.
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9 October 2025 |
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8 October 2025 |
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Claimant failed to prove allocation and title; Tribunal’s evaluation of unclear exhibits was upheld and appeal dismissed.
Land law – proof of ownership – burden of proof on claimant; Evidence – admissibility vs probative value – court may discount unclear exhibits; Failure to call material witnesses – adverse inference; Allegations of forgery require expert proof; Bona fide purchaser defence immaterial where claimant fails to establish title.
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8 October 2025 |
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Court granted security for costs against a foreign plaintiff without Tanzanian immovable property, fixing TZS 15,000,000 deposit.
Civil procedure – security for costs – Order XXV Rule 1 CPC – foreign plaintiff without immovable property – prerequisites for ordering security; Pending judgments/execution do not constitute ownership of immovable property; Quantum of security for costs – Advocates Remuneration Order not determinative – consider complexity, research and likely litigation expenses.
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8 October 2025 |
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A litigant must have letters of administration or a power of attorney to sue for a deceased person's estate.
Locus standi – jurisdictional requirement; representation of deceased or minors – requires letters of administration, power of attorney or guardian/next-friend documentation; jurisdictional defects can be raised on appeal; proceedings and judgment nullified for lack of locus.
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7 October 2025 |
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A subordinate court trial of an EOCCA offence without DPP’s transferring certificate is a nullity; conviction quashed.
* Criminal procedure – EOCCA – Jurisdiction of subordinate courts – requirement for both DPP's consent (s.26) and certificate conferring jurisdiction (s.12(3)) when transferring EOCCA offences; absence renders proceedings nullity.
* Evidence – seizure and inventory of perishable government trophies – statutory duty to afford suspect opportunity to be heard before/after disposal (s.101 Wildlife Conservation Act); failure invalidates inventory exhibit.
* Discretion to order retrial – not appropriate where retrial would allow prosecution to fill evidential gaps; interests of justice prevails.
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7 October 2025 |
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Conviction quashed where identity of the perpetrator was not proved beyond reasonable doubt despite medical corroboration.
* Criminal law – Sexual offences: proof of penetration corroborated by medical evidence versus proof of identity of the accused; identity must be established by detailed description, identification procedures or cogent supporting evidence to exclude reasonable doubt.
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7 October 2025 |
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Appellate court upheld rape conviction, finding prosecution proved age, penetration and identity; appeal dismissed.
* Criminal law – Rape – proof required: complainant's age, penetration and identity of assailant – evidence of a child complainant and corroborating facts. * Evidence – credibility of child witness – coherence, consistency and corroboration. * Procedure – omission to call non-material witness not fatal. * Documentary evidence – PF3 read in court and opportunity to challenge. * Criminal appeal – first appellate court duty to rehear and re-evaluate evidence.
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7 October 2025 |
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Acquittal alone does not establish malicious prosecution; absence of probable cause and malice must be independently proved.
Malicious prosecution – elements required (prosecution instituted, termination in favour, absence of reasonable and probable cause, malice, damage); Acquittal does not automatically indicate malicious prosecution; Reasonable and probable cause may exist where claimant holds prior tribunal judgment; Appellate review – error where trial court relied solely on acquittal to infer malice.
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7 October 2025 |
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Appellant’s composite claim proven minus unlawful interest; judgment entered for TZS 15,372,000 in his favour.
Civil procedure; appeal — evaluation of evidence by appellate court; composite claims (loan, third‑party payment, goods supplied, repair costs); unlicensed money‑lending — interest unenforceable by private individual; admission and corroboration of payments; substitution of judgment for proven sums.
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6 October 2025 |
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Conviction quashed: unreliable child testimony, failure to call a material eye-witness, and PF3 procedural defect undermined proof.
Criminal law – statutory rape – proof beyond reasonable doubt; Evidence Act s.127 procedure for child witnesses; admissibility and reading of PF3; failure to call material witness – adverse inference; appellate re-evaluation of defence when trial judgment silent on reasons.
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6 October 2025 |
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Conviction for rape quashed where child's inconsistent testimony and omission to call key eyewitness undermined proof beyond reasonable doubt.
Criminal law – statutory rape – child witness (Section 127 Evidence Act) – promise to tell truth sufficient; PF3 not read aloud – exhibit expunged; failure to call material eye‑witness – adverse inference; medical corroboration of penetration insufficient to prove identity beyond reasonable doubt; appellate consideration of defence where trial reasons lacking.
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6 October 2025 |
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Appellate court quashed the appellant’s rape conviction for unreliable child evidence, missing eye‑witness and improperly admitted PF3.
* Evidence — Child witness — Section 127(2) Evidence Act — promise to tell the truth — compliance and redeemable omissions (Legal Sector Laws Amendment)\n* Criminal procedure — Exhibit (PF3) — requirement to read out contents to accused — failure leads to expungement\n* Evidence — Failure to call material eyewitness — adverse inference and impact on safety of conviction\n* Substantive criminal law — Statutory rape — elements: age, penetration, identity — burden to prove identity beyond reasonable doubt\n* Credibility — inconsistencies in child testimony and investigative gaps may render conviction unsafe
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6 October 2025 |
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Conviction for statutory rape upheld where age, penetration and identity were proved and witnesses were credible.
* Criminal law – Statutory rape – elements: victim's age, penetration, identity of assailant; * Evidence – oral testimony, medical report (PF3), eye‑witness corroboration; * Procedure – failure to cross‑examine as acceptance; * Evaluation of defence and unsubstantiated claim of missing witnesses.
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6 October 2025 |
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Court revised CMA award: dismissal for lack of qualifications held substantively and procedurally unfair; compensation awarded.
Labour law – unfair termination – substantive fairness; procedural fairness – right to be heard; hearsay evidence and failure to call primary witness; void ab initio contract challenged and rejected; remedies – compensation and statutory terminal benefits.
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6 October 2025 |
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Court struck out land-registered suit for lack of jurisdiction because the dispute was contractual, not a land matter.
* Jurisdiction – Land Registry v. Civil Registry – When a dispute about improvements or reimbursement is contractual and the land is incidental, it is not a 'land matter' for Land Registry. * Limitation – Preliminary objection on time barred claims; court may refuse to decide once jurisdiction lacking. * Reliefs – Declarations and compensation for developments may arise from contract, not ownership dispute.
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6 October 2025 |
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Applicant failed to show sufficient cause to set aside dismissal for non-appearance; application dismissed.
* Civil procedure – Order IX Rules 8 and 9 CPC – setting aside dismissal for non-appearance – sufficiency of cause for non-appearance; presumption of accuracy of court record. * Procedural evidence – requirement for supporting affidavit from person with direct knowledge (e.g., advocate). * Counsel’s duty – obligation to inform court or secure representation; negligence may defeat relief to client.
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1 October 2025 |