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2,481 judgments found.
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May 2025
Children must be heard before custody is awarded; matrimonial property division upheld on joint contribution evidence.
Family law
— Child custody — weight of child's independent views — Requirement to hear dependent children before awarding custody
— Division of matrimonial property — Assets acquired before marriage substantially improved during marriage — Improvements during marriage treated as matrimonial property under Law of Marriage Act s.114(3)
26 May 2025
Appeal barred where appellant entered an unequivocal guilty plea; coercion unproven; sentences upheld.
Criminal law
— Plea of guilty — Effect on right to appeal — Section 360(1) Criminal Procedure Act (bar to appeal and limited exceptions)
— sentencing — concurrent sentences — No obligation to specify concurrency where a subsequent like sentence follows after an earlier conviction
Criminal procedure — Recording of plea — charge to be read and accused to admit facts — Section 228(2) Criminal Procedure Act (requirement to record accused’s words and magistrate to convict if admission stands)
21 May 2025
Court refused ex parte hearing and ordered fresh application to justify delayed filing of defence, awarding plaintiff costs.
Civil procedure — ex‑parte proceedings — Prejudice where a party had pending application to extend time to file defence — Fair trial and right to representation
Civil procedure — Extension of time to file defence
— CPC
— Whether oral explanations suffice to grant leave out of time
21 May 2025
A State Attorney cannot receive private remuneration; unlawful and excessive taxation awards must be set aside or reduced.
Civil procedure
— One‑sixth rule
— Taxation reference — Whether execution renders a reference overtaken by events — Execution does not automatically bar reference
Legal profession — Recoverability of government attorneys' disbursements — Prohibition on private practice/receipt of fees absent Attorney General exemption
— Office of the Attorney General
— Standing Orders for the Public Service
20 May 2025
Plea of guilty upheld as unequivocal where charge, explanation and facts established transporting illegal immigrants.
Criminal procedure — plea of guilty — Appeal on plea limited to specific exceptions — Offence of transporting illegal immigrants — Language and understanding of charge
19 May 2025
Appellant failed to prove land was matrimonial; bona fide purchaser holding is upheld and appeal dismissed.
Land law
— bona fide purchaser for value — protection of purchaser without notice of defects — Effect on title
— matrimonial property — distinction and evidential burden to prove property is matrimonial — Law of Marriage Act s.58
19 May 2025
19 May 2025
Transfer of deceased's land without letters of administration is void; appointed administrator must manage remaining estate.
Land law — Land registration — Requirement to produce letters of administration for registration of deceased's land (Right of Occupancy)
Succession law — administration of estate — Validity of transfer by purported legal personal representative without letters of administration
Tort — Tort/fraud — Misrepresentation in claiming legal representative status to procure registration
16 May 2025
Extension of time to appeal granted where applicant proved illness as sufficient reason for the delay, despite naming inconsistencies.
Civil procedure — extension of time — Sickness as sufficient cause for delay — Illegality as grounds for extension of time — Discretionary power of court in granting extension
16 May 2025
Court grants a temporary injunction restraining sale of matrimonial property pending determination of a land dispute.
Civil procedure — interlocutory injunction
— balance of convenience
— consent for security
— matrimonial property
— pending land dispute
— risk of irreparable harm
— temporary restraining order
16 May 2025
Whether a taxing officer’s award of instruction fees was excessive and subject to judicial revision.
Civil procedure — Taxation of costs
— instruction fees — application of Advocates Remuneration Order
— one‑sixth rule — Advocates Remuneration Order (Order 48)
15 May 2025
Failure to apply for leave to defend under Order XXXV resulted in summary judgment for unpaid NSSF contributions and penalties.
Civil procedure — Summary judgment — Defendant’s failure to obtain leave to defend deemed admission — Order XXXV Rule 2(1) Civil Procedure Code
Labour law — Social security — Recovery and enforcement of statutory NSSF contributions — s 74A(2) National Social Security Fund Act
14 May 2025
Plaintiff awarded damages after court found 1st defendant improperly terminated contract and withheld commissions.
Contract law
— Damages — requirement that specific damages be pleaded and proved — Damages under Section 73 of the Law of Contract Act (compensation for breach)
— frustration of contract — Burden to plead and prove frustration to excuse non‑performance
— Termination clause — Effectiveness of termination notice — Termination without complying with contractual notice, effect of continued performance and waiver/estoppel
13 May 2025
An appellate court may revisit corporate capacity and licensing issues on appeal; no denial of the right to be heard occurred.
Appellate practice — Appellate powers — re-evaluation of trial evidence and making independent findings
Banking law — Banking and financial institutions act s.7 — licensing requirements for lending and enforceability of loan transactions
Civil procedure — Appeal — whether appellate court raised new issues suo motu and denied right to be heard
Company law — capacity to sue — evidential role of certificate of incorporation and effect on enforceability of contracts
13 May 2025
Failure to allow co-accused to cross-examine is fatal only where co-accused incriminate each other; victim of unsound mind can competently testify.
Criminal law
— Evidence — competence of mentally ill witness under s.127 Evidence Act
— Fair trial — right of accused to cross-examine co-accused and when omission vitiates proceedings
— Identification and corroboration — contemporaneous identification and medical evidence (PF3)
— Procedural — substitution of incorrect statutory provision
— sexual offences — rape of person of unsound mind
13 May 2025
Variance between charged date and evidence, plus procedural errors, rendered the charge unproved; conviction quashed.
Criminal law
— failure renders charge unproved. Conviction unsafe where procedural irregularities and failure to amend charge exist — appeal allowed, conviction quashed
— Particulars of offence specifying a date — material variance between charged date and evidence requires amendment under s.234 CPA
Criminal procedure — Successor magistrate recalling witness — recall without recorded reasons or statutory basis — testimony expunged
12 May 2025
Minor packaging discrepancies and a torn bag did not break chain of custody for seized perishable narcotics.
Criminal law — Trafficking in narcotic drugs — admissibility and handling of physical exhibits — Inventory and disposal of perishable exhibits
Evidence
— Chain of custody and admissibility of exhibits — Integrity of exhibits from seizure to tender in court — Proof by documentation and witness accounts
— Credibility and contradictions — material contradictions on core facts can defeat a claim — Minor inconsistencies do not necessarily vitiate a conviction
9 May 2025
8 May 2025
The applicant detained without prompt arraignment must be released, charged, or bailed within 48 hours.
Criminal procedure — Habeas corpus
— detention without prompt arraignment
— police bail not a licence for indefinite custody
— Unlawful detention
8 May 2025
Resignation held constructive termination due to removal of work tools and unlawful salary deductions; revision dismissed.
Employment law — Constructive termination — intolerable work environment — Employment and Labour Relations (Code of Good Practice) GN No. 42 of 2007
7 May 2025
A conviction for incest by male was quashed due to procedural irregularities and an omnibus conviction rendering the judgment a nullity.
Criminal law — incest by male
— Evaluation of evidence
— Admission of caution statement
— Fair trial
— Principles on retrial when prosecution evidence is inadequate
— Proper specification of conviction and sentence
6 May 2025
Court struck out district commissioners as wrongly joined defendants where challenge concerned administrative decisions, remedy being judicial review.
Administrative law — Judicial review — certiorari to quash unlawful administrative action — Remedy through judicial review rather than ordinary civil suit
Civil procedure — Joinder of parties — Misjoinder and non-joinder — Order 1 Rules 9 & 10(2) Civil Procedure Code
5 May 2025
Noncompliance with statutory abandonment procedures invalidated the allocation; plaintiffs awarded possession, injunction, damages and costs.
Land law — ownership and possession
Land law — Village Land Act s.45
— general damages and injunctive relief
— special damages
— statutory procedure for declaring abandonment
— trespass
2 May 2025
April 2025
An order granting bail is appealable, and a clerical error in the notice of appeal does not render the appeal defective.
Criminal procedure — Interlocutory orders — appealability of bail orders — clerical errors in notice of appeal — curable defect
30 April 2025
An appeal against conviction for cattle theft was dismissed where the court found sufficient evidence and no procedural errors.
Criminal law — Cattle theft
— appellate jurisdiction
— certificate of seizure
— chain of custody
— evaluation of evidence
— identification of property
— standard of proof beyond reasonable doubt
29 April 2025
An appeal court ordinarily should require a stay of execution, not a temporary injunction, where an executable decree exists.
Civil procedure — Temporary injunction — Whether appellate court may grant temporary injunction — Proper remedy where trial court has issued an executable decree
29 April 2025
Medical proof of anal penetration insufficient without reliable identification; conviction quashed for lack of proof beyond reasonable doubt.
Criminal law — Unnatural offence — proof of penetration
Evidence
— Competency of witness of unsound mind — Duty of trial court to assess competence and reliability — Evidence Act s 127
— identification and corroboration — Medical evidence (PF3) corroborates penetration but does not alone establish identity of the accused
28 April 2025
Appeal against statutory rape conviction dismissed; life sentence quashed and substituted with 30 years for lack of proof victim was under ten.
Criminal law
— Defence — alibi and fabrication claims require clear, corroborated evidence to raise reasonable doubt
— Sentence — appropriateness of life sentence vs prescribed term when victim’s exact age (under ten) is unproven
— Statutory rape — proof of age and penetration — victim’s testimony and medical evidence as corroboration
Evidence — Variance in particulars/dates — distinction between material and immaterial contradictions
28 April 2025
Court refused to direct administrators to include an alleged cohabitant as beneficiary, holding administrators determine heirs under PAEA.
Probate law
— Administration of estates — Administrator’s duty and discretion to collect and distribute estate — Section 108 PAEA
— Directions to administrator — Whether court may direct administrators to include an alleged cohabitant as beneficiary — Section 65 PAEA
25 April 2025
A temporary injunction was granted to prevent eviction and demolition pending resolution of a land ownership dispute.
Land law — temporary injunction
— balance of convenience
— criteria for grant
— interlocutory relief
— irreparable harm
— pending dispute over development and occupation of suit land
— maintenance of status quo
— serious triable issue
24 April 2025
Court appointed the petitioner as administrator of the deceased's estate upon compliance with legal procedures and absence of objections.
Civil procedure — Probate and administration — Appointment of administrator — compliance with statutory procedures — administrator's duties and timelines
23 April 2025
The court dismissed a suit for land ownership, finding the plaintiff failed to prove private title over communal village land.
Land law — proof of title — Communal and public land use — Burden of proof — Dismissal for failure to establish ownership
17 April 2025
A judicial officer cannot be sued for acts properly performed in exercise of judicial duty; misjoinder does not defeat the suit.
Judicial immunity — Magistrates’ Court Act section 66(1) — Suing judicial officers for acts done in exercise of judicial function — Misjoinder of parties — Civil Procedure Code — Remedy for grievances against judicial officers — Independence of judiciary.
14 April 2025
Court granted a three-month extension due to foreign-jurisdiction and access difficulties delaying probate accounting.
Civil procedure — Overriding objective and substantive justice — Discretion to extend statutory time limits in the interest of substantive justice and to avoid technicalities — Civil Procedure Code ss 3A(1), 3B(1)
Probate law — extension of time to exhibit inventory and file accounts — Whether difficulties accessing foreign assets and proving foreign recognition constitute sufficient cause to extend time — Probate and Administration of Estates Act s 107(1)-(2)
9 April 2025
A preliminary objection on limitation was overruled as disputed facts required evidentiary determination rather than a point of law.
Civil procedure — preliminary objection — limitation — whether time-bar can be determined on pleadings alone — reliefs for declaration of ownership and trespass
9 April 2025
Appeal dismissed: dismissal for want of prosecution justified despite absent advocate; revision not a proper remedy.
Civil procedure — Probate Appeals
— dismissal for want of prosecution where party's advocate absent
— proper remedy against dismissal
— recusal requests on unsubstantial grounds
— right to be heard and legal representation versus duty to prosecute
9 April 2025
Applicant’s unproven sickness and failure to account for the delay led to dismissal of the extension application.
Civil procedure — extension of time
— contradictions in affidavits and presence of representation undermine claims of ignorance
— discretionary exercise guided by Lyamuya factors
— sickness may justify extension but requires medical proof (Granitech)
9 April 2025
Absence of drawn order renders appeal incompetent, but court struck it out with leave to re-file within 90 days.
Appellate practice
— Appeal filing
— Order XL R.1(c) & R.2
Civil procedure — Preliminary objections
— Appeal incompetent
— strike out with leave to re-file under Section 95 of the Civil Procedure Code
8 April 2025
Court ordered joint escrow to preserve rental income pending resolution of disputed ownership.
Civil procedure — interim relief — Escrow account to preserve rental income pending adjudication of ownership — Court’s discretion
8 April 2025
Court reduced instruction fees on taxed costs where appeal was withdrawn early, emphasizing clear substantiation of claims and correct principles.
Civil procedure — Taxation of costs — Principles for interference with taxing officer’s discretion — Reassessment of instruction fees and other items where case withdrawn at early stage
4 April 2025
Whether a presumption of marriage under s.160 LMA existed and whether property could be divided after addressing that presumption.
Appellate practice — concurrent findings of fact — Reluctance of second appellate court to disturb concurrent factual findings — Appellate court will not disturb findings absent misapprehension of evidence, miscarriage of justice, or procedural/legal error
Family law
— Division of matrimonial property — presumption that property acquired during cohabitation is matrimonial — Section 160(2) Law of Marriage Act
— presumption of marriage — elements: cohabitation for two years, reputation as husband and wife, absence of formal marriage — Section 160 Law of Marriage Act
3 April 2025
Absence of a company board resolution prior to a statutory 90-days' notice does not invalidate a suit against the government.
Civil procedure — Statutory notice
2 April 2025
Applicants failed to show irreparable harm or favourable balance of convenience; injunction dismissed without costs.
Civil procedure — interlocutory relief — temporary injunction
— Application of Atilio v. Mbowe test (prima facie case, irreparable harm, balance of convenience)
— loss of land interest subject to statutory compensation
— overriding objective cures clerical error in case number
— public interest and aviation safety relevant in balance of convenience
2 April 2025
March 2025
Appeal dismissed: trial court correctly found respondent owned the land and proved trespass, injunction and compensation justified.
Civil procedure — Fair hearing — right to call witnesses
Evidence — Burden and weight of evidence — Assessment of credibility and burden of proof in civil claims
Land law — ownership and trespass — proof on balance of probabilities
28 March 2025
High Court general jurisdiction does not create concurrent jurisdiction; misfiled land suit within lower tribunal limits struck out.
Civil procedure
— Land disputes — pecuniary jurisdiction of District Land and Housing Tribunal (TZS 300,000,000)
— remedy for misfiling — striking out at preliminary stage
— suit to be instituted in court of lowest grade competent — proviso preserving High Court general jurisdiction
27 March 2025
Court grants extension to appeal due to apparent illegality in mediated settlement despite unexplained delay.
Civil procedure — extension of time — Illegality apparent on face of record as sufficient ground for extension
Labour law
— Extension of time — good cause — Lyamuya guidelines applied
— Mediation and arbitration — Validity of settlement agreement signed by representatives and denial of right to be heard
27 March 2025
Claim for vehicle repair costs failed for lack of receipts and proper proof; pro forma invoice insufficient.
Civil procedure
— Appeal — New issues on appeal — Appellate court will not entertain factual issues not raised at trial
— Burden of proof — Claimant must prove pleaded amounts on a balance of probabilities and is bound by pleadings
— Evidence — witness statements and annexed invoices as proof of specific damages — Whether a pro forma invoice constitutes conclusive proof of payment or actual repair costs
27 March 2025
Application to set aside a taxed bill of costs dismissed; Taxing Master’s reductions and allowances found reasonable.
Civil procedure
— Taxation of costs — discretion of Taxing Officer — Advocates Remuneration
— instruction fees — receipts and proof for disbursements — Tanzania Rent A Car Ltd v. Kimuhu, Order 55(3) Advocates Remuneration Order
26 March 2025
Reference dismissed: taxing officer validly exercised discretion to strike out taxation cause after prolonged non-appearance.
Legal profession — Advocates remuneration order
— evasive denials in counter-affidavit
— restoration of struck-out taxation cause
— Taxation causes
25 March 2025
A conviction based on an imperfectly recorded guilty plea was quashed, with a retrial ordered to ensure a fair hearing.
Criminal procedure — plea of guilty — Whether conviction based on imperfect plea sustainable — Remittal for retrial where plea procedures defective
25 March 2025