Results.
2,482 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
December 2024
Conviction for statutory rape quashed due to material contradictions and implausible prosecution evidence despite child’s promise to tell truth.
Criminal law — Rape involving a child — Evidence of child of tender age — Material contradictions and delays in complaint may vitiate prosecution case — Burden to prove offence beyond reasonable doubt
17 December 2024
Slight penetration corroborated by medical and witness evidence sustains convictions for rape and unnatural offence.
Criminal law — sexual offences against a child — Rape and unnatural offence — proof of age and penetration
Evidence — Proof of age — Birth certificate not essential where victim and parent testify
17 December 2024
The court struck out the suit for lack of locus standi, dismissing the jurisdictional objection but finding plaintiffs could not represent village interests.
Administrative law
— Judicial review — need to establish existence of an administrative decision
— Locus standi
Civil procedure — Pleadings
— inability to represent others without appropriate pleadings
— pleadings as roadmap
Civil procedure — Preliminary objections — jurisdictional objection requiring factual inquiry vs pure point of law
13 December 2024
Primary Court jurisdiction and form irregularities not fatal where no prejudice shown; recall of witnesses lawfully available.
Appellate practice — Appellate review — concurrent findings of subordinate courts upheld absent misdirection, miscarriage of justice, or violation of legal principle
Criminal procedure — Amendment of charge
Criminal procedure — Charge sheet heading
Criminal procedure — Forms (GN No. 943 of 2020)
— non‑substantive variations do not vitiate proceedings
— prescribed forms may be modified
12 December 2024
Applicant failed to prove employment; alleged procedural defects and arbitrator misconduct were unsubstantiated, application dismissed.
Arbitration — impartiality and recusal — Alleged ex parte communications raise ethical complaint to appropriate authority, not for revision on record
Evidence — Order of examination — Tendering exhibits during examination‑in‑chief — Failure to tender is not cured by later cross‑examination
Labour law — unfair termination — proof of employment relationship as precondition to unfair termination claim — Applicant must establish employment relationship before reliefs considered
12 December 2024
Summary judgment granted for unpaid NSSF contributions and penalties after defendant failed to prosecute leave to defend.
Civil procedure — Summary judgment — employer’s liability for unremitted contributions and penalties — interest from accrual and post-judgment
12 December 2024
Court reduced excessive instruction fee and revised taxed costs after withdrawal; each party to bear own costs.
Civil procedure — Court records — Sanctity of attendance record unless properly contested
Civil procedure — Taxation of costs
— reasonableness of instruction fees — applicability of Advocates Remuneration
— Travel, accommodation and subsistence claimed without receipts
11 December 2024
Failure to appeal a criminal conviction bars later claiming the wrong party was sued; vicarious liability raised as afterthought.
Civil procedure
— Appeal from District Court — Suit against a convicted individual — Whether the person was wrongly sued
— late written submissions — Proof of filing date — Court record prevails
Tort — Vicarious liability — Employer’s liability for employee’s torts committed in course of employment — Raised as afterthought
11 December 2024
Non‑joinder of the Registrar of Titles rendered the suit defective; court struck it out with leave to refile.
Civil procedure
— Cause of action — sufficiency of plaint and annexures to show cause of action — Requirement to plead facts constituting cause of action (Order VII r 1(e) CPC)
— Joinder of parties — Non-joinder of necessary party renders plaint incurably defective — Registrar of Titles as necessary party in title disputes
— Preliminary objections — Time limitation — When limitation raises factual issues and is not a pure point of law (Mukisa Biscuit principle)
11 December 2024
Allegations of forgery, time-bar and unlawful sale in probate were unproven; appeal dismissed.
Civil procedure
— Land Registration Act s.67 — sale/transfer compliance
— Pleadings — court confined to issues raised
— Probate and administration — revocation of letters for alleged fraud
11 December 2024
The applicants' appeal dismissed—recent possession, identification and exhibit admissibility proved beyond reasonable doubt.
Civil procedure — Procedure — Seizure documentation — certificate of seizure and receipts
Criminal law — Armed robbery — proof beyond reasonable doubt
— doctrine of recent possession
— requirements and application
Evidence — cautioned/confessional statement — admissibility following trial-within-a-trial and accused objections considered
Evidence — Exhibits
— exhibit keeper’s role and procedures for tendering exhibits
— foundation, chain of custody and admissibility
Evidence — Identification
— same-day identification and illumination considered
— visual identification assessed against Waziri Amani principles
10 December 2024
Missing defence evidence and failure to consider it vitiated the conviction, requiring a retrial despite credible identification.
Criminal law — Armed robbery — identification and possession — Ownership proved by identifiable features and immediate possession
Criminal procedure — Procedural irregularity — Failure to consider defence evidence / missing record — Retrial appropriate
Evidence — Visual identification — Waziri Amani safeguards (lighting, duration, proximity, prompt identification) — Proximity, source of light, duration and corroboration can render identification reliable
10 December 2024
Appeal allowed: conviction quashed due to unexplained delay in reporting undermining victim's credibility.
Criminal law
— Appeal — conviction quashed for failure to prove case beyond reasonable doubt
— delay in reporting — effect on credibility and reliability
— Place of offence — alleged variance examined and rejected
— sexual offences — victim’s testimony as sole evidence
10 December 2024
Court lacks jurisdiction to grant stay of execution of pendente lite grant; remedy lies in Probate Act revocation.
Civil procedure — jurisdiction
— court lacked jurisdiction to grant stay
— limits of general inherent powers
Probate law — Administration pendente lite — nature and powers of administrator pendente lite — remedy for challenge: revocation/annulment/removal
10 December 2024
Applicant waived right to be heard; instruction fees reduced and erroneous bill items taxed off, total TZS 1,624,000.
Civil procedure — Overriding objective
Civil procedure — Taxation of costs — exercise of Taxing Master’s discretion over instruction fees — interference only if un-judicially exercised. Right to be heard
— ex parte ruling valid
— party given opportunities to file submissions waives right by inaction
Legal profession — Advocates remuneration order
— applicability of Eighth and Eleventh Schedules to attendance, transport and instruction fees
— erroneous bill items may be taxed off
10 December 2024
Tribunal’s suo motu striking out without hearing breached natural justice; decision quashed and matter remitted for rehearing.
Civil procedure — Right to be heard — Court raising and deciding issues suo motu
Land disputes
— Land Disputes Courts Act s 43(1)
— Revision
5 December 2024
Appellant proved ownership on balance of probabilities; trial judgment quashed, appellant declared owner with injunction and costs.
Land law — ownership dispute
— appellate re-evaluation of facts and interference with trial findings
— burden and standard of proof (balance of probabilities)
— competency and admissibility of documentary exhibits (custodian/personal knowledge)
— evaluation of hearsay and weight of oral testimony
— permanent injunction and costs
5 December 2024
Ambiguous trial record and curtailed cross-examination of the complainant vitiated the rape conviction; retrial ordered.
Criminal procedure
— ambiguity or failure to allow full cross-examination vitiates proceedings — Conviction quashed and retrial ordered under s.372(1) CPA
— fair trial
5 December 2024
The appeal was allowed: clan allocation of deceased's land without letters of administration is procedurally invalid.
Customary law — Customary law (declaration) order g.n. 436 of 1963 — Clan allocation does not obviate need for letters of administration
Evidence — Burden and evaluation of evidence — Procedural irregularity in declaring ownership where estate administration requirements not satisfied
Succession law — administration of estate — Validity of transfer of deceased's property — Requirement for appointment of administrator and compliance with probate procedures
3 December 2024
Mandatory statutory order to pay compensation for cruelty to children cannot be imposed on appeal absent evidence of the victim's injuries.
Criminal law — Cruelty to children — Mandatory compensation order — Appellate limits where no evidence of injury — Remittal impermissible if it allows prosecution to introduce new facts
2 December 2024
November 2024
Prosecution failed to prove causation and malice beyond reasonable doubt; accused acquitted of murder.
Criminal law — Murder
— acquittal
— Burden of proof beyond reasonable doubt
— Elements: death, causation and malice aforethought
— evaluation of eyewitness credibility and inconsistencies
29 November 2024
Land tribunal erred by deciding WILL validity and inadequately evaluating appellants’ defence; appeal allowed, tribunal judgment quashed.
Land law — Evidence
— Limitation/adverse possession issues considered but not finally determined
— need to evaluate defence evidence and consider prior proceedings and locus in quo where identity/boundaries contested
Land law — ownership disputes — reliance on a purported WILL
— jurisdiction to test validity vested in probate courts
— Land tribunals may admit documents but cannot usurp probate functions
28 November 2024
An appeal filed with a drawn order in place of the required decree is incompetent and must be struck out.
Civil procedure — requirement that memorandum of appeal be accompanied by decree and judgment — drawn order is not a decree — clerical errors corrected — appeal incompetent and struck out
28 November 2024
Second appeal dismissed; oral livestock agreement breached and trial award of Tshs. 529,000/= restored.
Appellate practice — concurrent findings of fact — Reluctance of second appellate court to disturb concurrent factual findings
Contract — oral agreement — evidence and conduct establishing existence of contract
Evidence — Documentary evidence — admitted documents speak for themselves
28 November 2024
Revision of execution proceedings dismissed as time‑barred; execution defects must be challenged in the executing court.
Civil procedure
— Execution — Challenge to sale in execution — Relief to set aside sale falls under execution remedies
— Revision — Time limit for filing revision applications (60 days) — Computation from date of impugned order (Ruling vs certificate of sale)
28 November 2024
Appellant must join an omitted necessary party on appeal because the appeal affects that party's rights; amendment ordered.
Civil procedure
— ex-parte trial appearance does not eliminate necessity on appeal — Court may allow amendment under overriding objective and ss.3A/3B CPC
— Necessary party — Non-joinder — Where omitted party shares issues and is affected by decree, they are a necessary party
26 November 2024
Preliminary objections on limitation, jurisdiction and locus standi overruled; factual issues require trial so suit proceeds.
Land law — locus standi
— allegations of succession and need for evidence
— cause of action date for eviction claims
— preliminary objections inappropriate where mixed questions of law and fact
Land law — Preliminary objections — time bar
25 November 2024
ASP-led search without warrant lawful; procedural exhibit error non‑prejudicial; chain of custody intact and conviction upheld.
Criminal procedure — Admissibility of exhibits
Criminal procedure — Search and seizure
— PGO 226
— Search conducted without a warrant
Evidence — chain of custody — documentary and oral proof of seizure, custody, transfer and tendering sufficient to maintain integrity of exhibits — Continuity from seizure to production
25 November 2024
Claim for mesne profits dismissed for failure to prove a management trust, accounting obligations, and specific damages.
Evidence — Mesne profit and special damages — Necessity of strict pleading and documentary/accounting proof — Law of Contract s29
Land law — Ownership v operation — Title to land distinguished from operation of businesses
Trust law — Trusts/management agreements — Proof of existence and obligation to account under family arrangements
25 November 2024
Late filing of a criminal appeal without seeking extension ousts the High Court's jurisdiction.
Criminal procedure
— Extension of time to appeal — Delay caused by malfunction of Electronic Case Management System at prison — Requirement to apply for extension of time
— appeal time limits — Appeal filed outside the statutory 45‑day period — Criminal Procedure Act s361(1)(b)
22 November 2024
Court admitted the accused's extra-judicial statement, finding JP's inspection and Circular compliance sufficient.
Extra-judicial statement — admissibility — proof accused brought before Justice of the Peace — compliance with Chief Justice's Circular (paragraph 7) — inspection vs examination — voluntariness and credibility.
21 November 2024
An appeal filed beyond section 361(1)(b) time limit without an extension application is struck out; jurisdiction ceases.
Criminal procedure — Time limitation — Notice of intention to appeal vs petition of appeal — Electronic Case Management System (ECMS) delays — Limitation period ousts jurisdiction
20 November 2024
High Court lacked jurisdiction to hear a petition related to a winding-up order pending on appeal; petition struck out.
Civil procedure — Appeal jurisdiction — Effect of a pending notice of appeal on High Court’s jurisdiction to hear related proceedings
Company law — winding up — Nature of winding-up order as in rem — Winding-up affects company status and interests, implicating appellate jurisdiction
19 November 2024
Extension of time granted to applicant to seek certification on a point of law due to apparent illegality despite some unexplained delay.
Civil procedure
— Sickness as ground for extension — requires medical evidence and proof it prevented timely action
— extension of time — application for certificate on point of law — duty to account for every day of delay
— illegality apparent on face of record — Procedural and jurisdictional defects as basis for extension
19 November 2024
Confession and self‑defence claim led court to convict of manslaughter, not murder, and impose an 18‑year sentence.
Criminal law
— Homicide: murder versus manslaughter — Effect of confession and surrounding circumstances on malice aforethought
— sentencing — Sentencing factors — Tanzania Sentencing Guidelines, 2023
Criminal procedure — Cautioned statement — admissibility and voluntariness — Where coercion alleged
19 November 2024
Extension granted because apparent illegality—tribunal jurisdiction and failure to notify judgment—constituted sufficient cause.
Civil procedure
— extension of time — Discretionary relief — factors: promptness, accounting for delay, diligence (Lyamuya)
— jurisdiction of District Land and Housing Tribunal — commercial
18 November 2024
A mortgagee’s sale below valuation is lawful absent fraud where reasonable steps were taken and purchaser is bona fide.
Land law
— mortgagee’s sale — Duty to obtain best price and effect of sale below market value
— Property law — Auction procedure
15 November 2024
Accused found not guilty by reason of insanity and ordered detained as a criminal lunatic under statutory provisions.
Criminal law — Insanity defence — special finding that accused was of unsound mind at time of offence — Detention as criminal lunatic — Criminal Procedure Act ss 219(2), 219(3), 220(4)
15 November 2024
Acquittal where prosecution failed to prove time, cause of death and link to the accused beyond reasonable doubt.
Criminal law — Murder
— adverse inference from non‑production of key investigative witnesses
— insufficiency of prosecution case leading to acquittal
— proof beyond reasonable doubt
— reliability of post‑mortem/expert evidence
15 November 2024
Application to set aside ex parte order was struck out as omnibus though filed within time under e‑filing rules.
Civil procedure — Electronic filing — Date of submission in e-filing system treated as filing date
Civil procedure — limitation
— Appropriate remedy for challenging a court ruling is appeal or revision, not inclusion as an unrelated prayer in the same chamber summons
— computation of time
— diametrically opposed or distinct reliefs render application incompetent and liable to be struck out
13 November 2024
Daylight identification, competent expert trophy identification and timely cautioned statement upheld; appeal dismissed.
Criminal procedure
— Cautioned statement — compliance with sections 50 and 51 CPA and timing of recording
— Identification evidence — Standards for safe identification (Waziri Amani; Marwa) and night‑time identification specifics
Wildlife offences — Unlawful possession of government trophies — Admissibility and prima facie effect of trophy valuation certificate (WCA s114(3))
12 November 2024
Extension of time granted for appeal due to apparent illegality denying applicant's right to be heard; 21 days to file.
Civil procedure — Computation of limitation
— date judgment ready (court stamp)
— Lyamuya guidelines for extension
— negotiations/mediation do not stop limitation
Civil procedure — extension of time
Civil procedure — illegality apparent on face
— denial of right to be heard
— grant of extension to enable appeal
12 November 2024
Victim and medical evidence proved rape and unnatural offence; appeal dismissed.
Criminal law — sexual offences
— identification by victim
— material variance between charge and evidence
— proof of age and penetration
12 November 2024
Retrenchment for operational reasons was fair; employer must pay terminal dues listed in Exhibit S‑14 immediately.
Labour law — Retrenchment
— compliance with section 38 ELRA and Rule 23 on notice and consultation
— evidentiary proof of payment of terminal benefits (Exhibit S‑14)
— operational requirements (Minimum Wage Order) as fair reason
— role of trade union in consultation
— written-contract notice versus retrenchment initiation
12 November 2024
Applicants may pursue revision without letters of administration and without leave under Order 1 Rule 8(1) where the matter is an application, not a representative suit.
Civil procedure — Revision by non-parties — Locus standi of interested persons
12 November 2024
Prosecution failed to prove intention to kill; accused acquitted of attempted murder.
Criminal law — Attempted murder
Criminal law — Self‑defence and excessive force
— distinction between lack of intent and excessive force
— raising reasonable doubt on prosecution’s case
Evidence — Burden and standard of proof — prosecution duty to prove all ingredients beyond reasonable doubt
11 November 2024
The accused pleaded guilty to manslaughter for shooting an unarmed person and was sentenced to 5 years 3 months; firearm held by police.
Criminal law — Manslaughter
— amendment of charge from murder to manslaughter
— guilty plea and sentencing discount
— high‑level manslaughter where firearm used
Criminal law — sentencing guidelines
— custody and post‑sentence repossession procedure for firearm and licence under Firearms and Ammunition Control Act 2015
— deduction for remand custody
— ten‑year starting point
8 November 2024
Court permitted amendment to cure non‑joinder and mis‑naming in a land appeal under the overriding objective.
Civil procedure
— Amendment and overriding objective — defects going to root of appeal cannot be cured by amendment or overriding objective
— misjoinder of parties on appeal — duty to strike non‑parties
Land law — non-joinder of necessary party — incompetence for failure to join indispensable party
6 November 2024
Circumstantial evidence and hearsay were insufficient to prove the accused guilty; defective PMR was not fatal.
Criminal law — Evidence Act s.62 — hearsay inadmissible
Criminal law — Inquest Act s.11(3)
— omission in Form C not necessarily fatal to PMR's admissibility
— witness delay and contradictions affect credibility
Criminal law — Murder — circumstantial evidence
6 November 2024
Acquittal where prosecution relied on hearsay and incomplete circumstantial evidence without calling a key eyewitness.
Criminal law — homicide — Circumstantial evidence — Requirements for conviction (chain of inculpatory facts)
Criminal procedure — Failure to call material witnesses — adverse inference
Evidence — Hearsay inadmissibility (s 62) — Admissibility of indirect testimony — Evidence Act s 62 requires direct oral evidence
6 November 2024