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25 judgments found.
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December 2016
Reported
The appellant cannot raise an untried factual limitation defence on appeal; the tribunal erred by relying on unadmitted documents, case remitted for additional evidence.
Civil procedure — Revision — High Court may nullify proceedings and order additional evidence and re‑hearing where material documents were not properly admitted
Evidence — Documents
— reliance on unadmitted exhibits is substantial procedural error
— tribunal improperly relied on documents not tendered or admitted in open court
Land law — Limitation — accrual of cause of action as factual issue — a party may not raise for the first time on appeal a factual limitation defence not pleaded or tried
2 December 2016
Conviction for statutory rape upheld; sentence reduced under s.131(2) Penal Code because appellant was under 18 and a repeat offender.
Criminal law — Credibility
— afterthought allegations of fabrication
— appellate reduction of an excessive sentence
Criminal law — Rape (statutory rape) — proof of victim’s age and penetration — victim and medical evidence as best evidence
1 December 2016
November 2016
Reported
Appeal not time‑barred; appellants liable for unpaid purchase price despite theft; certain interest awards quashed.
Limitation law — Frustration of contract — theft in buyer’s possession does not automatically discharge unpaid price
Limitation law — Interest
— post‑judgment interest awarded at court rate
— pre‑suit interest for loss of business requires specific pleading and proof
Limitation law — Limitation of actions — Appeal from District Court exercising original jurisdiction
Limitation law — Sale of Goods — buyer who accepts goods before full payment becomes baileee for unpaid price and bears risk of loss
30 November 2016
Buyer who accepted goods unpaid remains liable for the price; pre‑suit interest must be pleaded and proved.
Limitation law — Limitation of actions — Appeals from District Court in original jurisdiction — 45 days under Law of Limitation Act
Contract law — Sale of goods — buyer who accepts goods and fails to pay is liable — Buyer accepting goods unpaid remains liable for price where goods stolen in buyer's custody
Damages — Interest and costs — Pre-judgment interest as substantive damage — Must be pleaded and, where required, proved; post-judgment interest at court rate (12%)
30 November 2016
Reported
A claimant may not sue for a deceased’s land unless administrator; Ward Tribunal lacks jurisdiction above TShs.3,000,000 and may not take a percentage of damages.
Civil procedure — Awards and remedies — Courts/tribunals cannot lawfully order a percentage of damages to be paid to the court or tribunal
Land law
— locus standi
— pecuniary jurisdiction — Ward Tribunal limited to disputes valued at TShs. 3,000,000
29 November 2016
Delayed payment of compensation attracts statutory 6% interest; later directive rates not applicable to earlier valuations.
Land law — Land acquisition — valuation date governs applicable rates
— delay in payment of compensation attracts statutory interest under section 15 Land Acquisition Act (6% per annum)
— non-retroactivity of later Government directive
— post-valuation development does not increase compensation entitlement
24 November 2016
Reported
A qualified advocate’s use of a business name does not invalidate court documents if the advocate drew them.
Legal profession — Advocates act — business/trade name by qualified advocate
— George Humba
— omission of advocate’s name not rendering document incompetent
17 November 2016
An advocate’s use of a business name does not invalidate documents if a qualified advocate prepared them.
Legal profession — Advocates act (ss.39, 43, 44) — business/trade name used by a registered advocate
— defect curable
— omission of advocate’s name an irregularity, not fatal
— prohibition targets unqualified persons preparing instruments for gain
17 November 2016
Court upheld mother's custody and affirmed division of assets acquired in cohabitation or substantially improved during marriage.
Evidence — Admission of additional evidence on appeal
Family law
— custody — presumption — presumption not rebutted
— Matrimonial property — assets acquired during cohabitation divisible under s160(2). Pre-marriage assets substantially improved during marriage treated as matrimonial under s114(3). Documentary title in one party’s name not conclusive of ownership — beneficial interest may exist. Appellate deference to concurrent findings of fact
15 November 2016
The respondent was correctly awarded custody and cohabitation/improvements rendered disputed properties divisible as matrimonial assets.
Family law
— custody — presumption — presumption not rebutted
— Matrimonial property — assets acquired during cohabitation and assets owned before marriage but substantially improved during marriage
15 November 2016
Appeal allowed: demolition claim construed as land dispute, District Court lacked jurisdiction, suit dismissed on revision.
Civil procedure — interlocutory orders
— appeals permissible where order implicates jurisdiction or results in illegality/vexatious proceedings
— Bozson test
Civil procedure — Pleadings — cause of action and reliefs read together to determine nature of dispute
Jurisdiction — Land dispute
3 November 2016
A claim for demolition and loss of a building is a land dispute, ousting District Court jurisdiction.
Civil procedure
— appealability of interlocutory orders — Bozson test and exception where jurisdictional irregularity or injustice arises
— Pleadings
3 November 2016
A claim for demolition and loss of a building can constitute a land dispute, ousting District Court jurisdiction under the Land Disputes Courts Act.
Land law
— interlocutory appeal exception where jurisdictional irregularity or injustice
— Jurisdiction
— revisional power to quash proceedings
3 November 2016
October 2016
Appellant lacked locus standi; Ward Tribunal lacked jurisdiction; awarding 10% of damages to the Tribunal was unlawful.
Administrative law — Ward tribunal — pecuniary jurisdiction
— limited to TSh 3,000,000
— pleaded value governs jurisdiction
Land law — locus standi
29 October 2016
Maternal custody presumption upheld; assets acquired during cohabitation or substantially improved in marriage are matrimonial and divisible.
Family law — custody presumption for children under seven
Family law — Matrimonial property
— assets acquired during cohabitation or substantially improved in marriage divisible
— documentary title not decisive of beneficial interest
15 October 2016
September 2016
A defective memorandum of appeal lacking required content may be struck out; appellant may reinstitute subject to limitation.
Civil procedure — Appeal — Memorandum of appeal — Form and content
22 September 2016
A defective memorandum of appeal may be rejected and the appeal struck out; re‑filing permitted subject to limitation.
Appellate practice — Appeal procedure — Memorandum of Appeal
22 September 2016
July 2016
Reported
Whether the applicant’s expired right of occupancy reverted to the President and whether the compensation award was lawful.
Land law
— Equity — reception clause and equitable maxims used to preserve a mistakenly conferred but unchallenged benefit
— Evidence — admissibility and weight of certified copy of title where original unavailable
— expiry of right of occupancy — reversion of superior title to the President
— Right of occupancy — renewal and compensation — limits on entitlement
28 July 2016
Reported
Welfare presumption favors the mother for a child under seven; assets acquired/cohabited or improved during marriage are divisible.
Appellate practice — Appellate review — deference to concurrent findings of fact by lower courts
Family law — custody
Family law — Matrimonial property — assets acquired during marriage or cohabitation and assets substantially improved during marriage are divisible
Land law — Registered title not decisive
— beneficial interest may arise from spousal contributions
— non-financial contributions recognised
19 July 2016
June 2016
A prior adverse decision by a judge and a litigant's lack of confidence alone do not justify recusal.
Civil procedure — Judicial recusal
— application for leave heard by judge who decided underlying case
— sufficiency of endorsements
Civil procedure — recusal test from Laurian Lugarabamu
— bad blood, close relationship, interest
— mere prior adverse decision or apprehension of bias insufficient for disqualification
8 June 2016
The appeal was dismissed: the applicant failed to prove procedural irregularities, incorrect measurements or inadequate compensation.
Land law
— Compensation — burden on claimant to prove market value and to produce counter-valuation or prove incorrect measurements
— Evidence — admissibility and timing of objections to valuation reports and village minutes
— Land acquisition — statutory notice and publication requirements — substance of notice through village meetings may satisfy safeguards
7 June 2016
Appellants failed to prove procedural defects or under-valuation in land acquisition; appeal dismissed with costs.
Evidence
— admissibility of village minutes and valuation report
— Burden of proof
— objection timing
Land law — Land Acquisition Act — statutory notice and publication requirements — village meetings and newspaper gazetteing as compliance
Tort — Compensation
— assessment by market value under Land
— burden on owner to produce counter-valuation or sale evidence
7 June 2016
February 2016
Reported
Application to revoke probate struck out for being filed in the wrong court; limitation is a jurisdictional issue.
Civil procedure — Procedure — point of limitation may be raised at any time and court may raise it suo motu
Limitation law — Limitation — Item 21 Part III, Law of Limitation Act (60 days) — time-bar as jurisdictional issue
Probate law — Revocation of letters of administration — proper forum for challenges to grants made by a Primary Court
29 February 2016
Application to revoke letters of administration struck out for being filed in the wrong court; Primary Court must first assess limitation.
Probate law
— limitation — Item 21 Part III Law of Limitation Act (60 days) — time‑bar is jurisdictional and may be raised at any time
— Probate — Revocation of letters of administration — Proper forum for revocation — Primary Court jurisdiction where letters were granted
— Procedural law — Wrong forum — striking out and costs
29 February 2016
Revocation of Primary Court letters must be sought in that Primary Court and within the limitation period.
Civil procedure — Procedure
— filing in the wrong court leads to striking out
— Primary Court to first determine time-bar
Jurisdiction — time limitation is a jurisdictional point and may be raised at any stage
Limitation law — Limitation — applications
Probate law — Revocation of letters of administration — proper forum is the court that granted the letters (Primary Court)
29 February 2016