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Citation
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Judgment date
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| December 2021 |
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30 December 2021 |
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27 December 2021 |
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24 December 2021 |
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24 December 2021 |
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A guilty plea is not unequivocal where the corpus delicti (seized drugs) was not produced or proved.
* Criminal law – Trafficking in narcotic drugs – Plea of guilty – Unequivocal plea – Corpus delicti must be proved by production of seized drugs/inventory – Failure to tender exhibits vitiates conviction.
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15 December 2021 |
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Conviction quashed: defective child testimony and fatal inconsistencies left prosecution unable to prove unnatural offence.
Criminal law – Unnatural offence – proof beyond reasonable doubt; evidence of witness of tender age – compliance with s.127(2) Evidence Act; interpreter’s affirmation – sufficiency of record; admissibility and reading of PF3 (exhibit P1); inconsistencies in date and particulars may be fatal to prosecution case.
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15 December 2021 |
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Appellate court set aside acquittal and remitted case after subordinate court failed to explain accused’s section 231(1) rights.
Criminal procedure – section 231(1) Criminal Procedure Act – mandatory explanation of accused’s rights at close of prosecution – failure to explain right to give evidence and call witnesses – fundamental irregularity – vitiation of trial – nullification and remittal for compliance; Sexual offences – proof of penetration and medical evidence (not finally determined on appeal).
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15 December 2021 |
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Whether prosecution proved armed robbery beyond reasonable doubt; conviction upheld on identification, confessions and exhibits.
Criminal law – Armed robbery (s.287A Penal Code) – proof of ingredients; identification evidence – daylight identification and corroboration; cautioned and extra‑judicial statements – admissibility and afterthought objections; medical report and exhibits as corroboration; alibi – notice under s.194 CPA and court's discretion to reject unnotified alibi.
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15 December 2021 |
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Convictions for rape and unnatural offence of a six-year-old upheld; PF3 expunged but oral medical evidence sufficed; life sentence imposed on both counts.
* Criminal law – Sexual offences against a child – Rape and unnatural offence – proof of age and penetration; corroboration by medical evidence. * Evidence – Improperly admitted documentary exhibit (PF3) expunged but oral medical evidence can still corroborate victim. * Identification – Evidence of last person seen with the child sufficient when unshaken. * Sentence – Appellate intervention permissible where trial court failed to specify sentence on a convicted count.
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15 December 2021 |
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Appellate court quashed rape/impregnation convictions due to doubts over identification and delayed reporting of the assaults.
Criminal law – Rape and impregnating a schoolgirl – sufficiency of evidence; identification by voice/in darkness; delay in reporting as affecting credibility; PF3 admissibility; DNA not mandatory.
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15 December 2021 |
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High Court granted bail in wildlife possession case, stressing discretion, bailability, and strict conditional safeguards.
* Criminal procedure – Bail – Discretionary nature of bail; bail is a right but court may impose conditions.
* EOCCA & Wildlife Conservation Act – Accused charged with unlawful possession of government trophy; offence held bailable.
* Procedural – Granting bail where subordinate court lacks jurisdiction; application to High Court under EOCCA and Criminal Procedure Act.
* Bail conditions – cash deposit or title deeds, sureties with introduction letters, surrender of travel documents, restricted travel, court attendance.
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15 December 2021 |
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Appeal allowed: conviction quashed where evidence showed document alteration, not proven malicious damage.
* Criminal law – Malicious damage to property (s.326(1)) – Distinction between destruction/damage and forgery/alteration of documents.
* Evidence – Documentary exhibits and custody – proof of exclusive access and mode of alleged tampering.
* Criminal procedure – Consistency between charge and evidence; sufficiency of proof beyond reasonable doubt.
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15 December 2021 |
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Victim’s credible testimony, medical report and accused’s admissions upheld statutory‑rape conviction; appeal dismissed.
Criminal law – Rape – statutory rape requires proof of penetration and age; victim’s testimony may suffice if credible and corroborated by medical report and accused’s admissions; identification at night admissible where witness knew accused and conditions were favourable; hearsay evidence must be treated cautiously but conviction may stand on other admissible evidence; minor variances in particulars not necessarily fatal.
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15 December 2021 |
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Appellant breached an oral lease; respondent proved damages and the Tribunal's decision was upheld on appeal.
* Land law – breach of oral lease – liability for premature eviction and assessment of damages. * Evidence – admissibility and probative value of documentary exhibits; role of reading exhibits into record. * Civil procedure – appellate review of factual findings by Tribunal – deference where decision supported by preponderance of evidence. * Damages – assessment of special and general damages based on proved losses.
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14 December 2021 |
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Application for certificate was incompetent because Ward Tribunal appeals require s.47(2) LDCA, not s.5(2)(c) AJA; struck out with costs.
Appellate procedure – certificate that a point of law is involved – Appellate Jurisdiction Act s.5(2)(c) applies to primary court appeals; Ward Tribunal appeals require certificate under Land Disputes Courts Act s.47(2) – Wrong statutory basis renders application incompetent – Application struck out with costs.
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14 December 2021 |
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Leave granted to appeal on whether defective transfers and limitation/adverse possession raise arguable or novel legal issues.
Land law – transfer of title – whether a person without title/trustee/occupier can pass valid title to third parties; Limitation of actions – accrual of cause of action and exclusion of time for grant of letters of administration; Civil procedure – leave to appeal to Court of Appeal – test for grant of leave (issues of general importance, novel point of law, or prima facie/arguable appeal); Appellate review – effect of concurrent findings of fact and requirement of misdirection to interfere.
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14 December 2021 |
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Respondent bank breached confidentiality by disclosing applicant's information to police, but claimed damages were too remote to recover.
* Banking law – duty of confidentiality of banks to customers; statutory but not absolute. * Exceptions – disclosure allowed when compelled by statute, court order, or to prevent/control unlawful activity. * Evidence – requirement to show lawful authority before disclosing customer information. * Tort/contract damages – causation and remoteness (Hadley v. Baxendale): damages must be proximate and within parties' contemplation to be recoverable.
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14 December 2021 |
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Illness alone did not justify extension where applicant failed to account for all delayed days and alleged illegality was not on the record.
Advocates Remuneration Order (Order 8) – Extension of time – Sufficiency of cause – Applicant must account for every day of delay; illness may excuse part but unexplained days defeat application – Alleged illegality must be apparent on the face of the record to justify extension.
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7 December 2021 |
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Appellant's challenge to ex parte decision failed: he was notified but absent, and the Ward Tribunal had jurisdiction under the statutory value limit.
* Land law – Ward Tribunal jurisdiction – monetary limit (Tshs.3,000,000) – valuation of suit land.
* Civil procedure – ex parte proceedings – right to be heard; consequences of absence after notification.
* Administrative law – unlawful interference by District Executive Director; separation of powers and tribunal independence.
* Appeal – appellate endorsement of trial tribunal findings where procedures followed and jurisdiction satisfied.
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7 December 2021 |
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The applicant failed to prove the disputed land was estate property; respondent’s sale agreement established ownership.
* Land law – ownership dispute – purchaser v. caretaker – evidential weight of sale agreement and oral testimony.* Evidentiary issues – authenticity of signatures; absence of witnesses to transaction does not necessarily impeach credible documentary evidence.* Probate law – whether land formed part of deceased’s estate for distribution; burden to prove probate status.* Civil procedure – locus in quo inspections limited to resolving minor physical discrepancies.
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7 December 2021 |
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Extension denied for unexplained 11-day delay and no proof of written request for certified drawn order.
Extension of time – Law of Limitation Act s.14 – requirement of good and sufficient cause; Exclusion of time – s.19(2) (waiting for decree/drawn order) requires written/formal request; Technical delay – appeal lodged in time but later struck out can be excusable; Proof – applicant must account for all intervening days and show documentary evidence of efforts to obtain requisite copies.
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7 December 2021 |
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3 December 2021 |
| November 2021 |
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Appeal dismissed: guilty plea upheld despite omission to cite statute and unsupported language-barrier claim; sentence and deportation affirmed.
* Immigration law – unlawful presence – conviction on plea of guilty – ingredients of offence disclosed by facts. * Criminal Procedure – conviction formality – omission to cite statutory provision (s312(2) CPA) not fatal where no prejudice. * Criminal procedure – plea of guilty – language competence and voluntariness; afterthought language complaints unsupported by record. * Sentence – statutory minimum affirmed; deportation ordered.
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30 November 2021 |
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Adultery proved; District Court failed to evaluate trial evidence, so Primary Court’s dissolution order is upheld.
Family law – Divorce – Adultery – Proof of repeated acts of adultery as ground for dissolution under s.107(2)(a) Law of Marriage Act – Appellate review – duty to evaluate and analyse trial evidence – appellate reversal for failure to assess corroborative testimony.
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30 November 2021 |
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Acquittal upheld where prosecution failed to prove rape beyond reasonable doubt due to insufficient and inconsistent evidence.
Criminal law – Rape – Proof beyond reasonable doubt – Need for corroborative/associative evidence linking accused to offence; Medical evidence – inconsistencies in clinical findings weaken prosecution case; PF3 – exhibit expunged where not read in court.
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25 November 2021 |
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An application for extension is incompetent where the same matter was dismissed under section 3(1) of the Limitation Act; appeal is the remedy.
Labour procedure – extension of time – where a matter is dismissed under s.3(1) Law of Limitation Act a court cannot grant extension; remedy is appeal to Court of Appeal; technical delay from defective proceedings does not permit revival after dismissal.
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19 November 2021 |
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Improper affidavit content renders company-related interim injunction application incompetent.
Company law - procedural requirements for applications concerning company management - defectiveness of supporting affidavits.
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19 November 2021 |
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Primary court lawfully revoked/reappointed administrator; administrator had locus standi to sue for estate misappropriation.
* Probate & administration — Primary courts’ jurisdiction — Magistrates’ Courts Act, Fifth Schedule and Primary Courts (Administration of Estates) Rules govern administration of estates at primary court level.
* Administration — Revocation and reappointment of administrators — Paragraphs 2(a) and 2(c) of Fifth Schedule — lawful exercise of primary court powers.
* Locus standi — Administrator’s capacity to sue for recovery of misappropriated estate funds — proven by original court file.
* Procedure — Typographical errors in typed records do not render proceedings a nullity; overriding objective applied to remedy such errors.
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19 November 2021 |
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Appellant's failure to file ordered written submissions amounted to non-prosecution and led to dismissal of the appeal with no costs.
* Civil procedure – Failure to comply with court order to file written submissions – Non-filing equates to non-appearance/failure to prosecute. * Court management – Courts must enforce orders and may dismiss appeals for non-prosecution. * Costs – dismissal for non-prosecution may be made without costs depending on court's discretion.
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19 November 2021 |
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16 November 2021 |
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16 November 2021 |
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11 November 2021 |
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Victim's credible uncorroborated testimony sufficed to convict for statutory rape; PF3 expunged as improperly admitted.
Evidence — Sexual offences: section 127(7) Evidence Act — Credible uncorroborated testimony of a victim may suffice for conviction; Statutory rape — proof of age and penetration; Evidence — PF3 improperly admitted where contents not read out; Confessional/cautioned statement — corroboration issues.
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10 November 2021 |
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Appellant's failure to prove non-service and insufficient cause warranted dismissal of extension-of-time application.
Land law — extension of time to appeal; procedural fairness — right to be heard; service of summons — burden lies on party asserting non-receipt; party duly served and absent waives right to be heard; District Tribunal limited to extension applications, not merits.
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9 November 2021 |
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Whether the appellants proved ownership of disputed matrimonial property and the effect of a subsequent third-party auction sale.
Land law – ownership evidence – burden of proof on claimant to prove title on balance of probabilities; Matrimonial property – sale agreement as proof; Effect of subsequent public auction sale to third party not impleaded – purchaser's title defeats relief; Non-joinder of necessary party fatal to claimant's relief.
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8 November 2021 |
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Respondents' refusal to obey an unchallenged civil execution order constituted criminal trespass and disobedience.
* Criminal law – trespass – where civil court/tribunal has determined land ownership, refusal to vacate may constitute criminal trespass. * Contempt/disobedience – failure to obey an unchallenged execution/eviction order constitutes disobedience of a lawful order (Penal Code s.124). * Procedure – criminal courts must not re‑try or impugn civil judgments; civil orders remain effective until set aside.
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8 November 2021 |
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4 November 2021 |
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Application for interim injunction struck out for lack of authorization and locus standi by the applicants.
* Civil procedure — Representative proceedings — Order I r.8(1), r.12(1) CPC — Requirement to show authority/notice for one applicant to represent others — Non-compliance defeats locus standi and warrants striking out.
* Civil procedure — Preliminary objection — Locus standi as jurisdictional threshold — Court may dispose of matter on preliminary objection without considering all limbs.
* Remedies — Interim injunction application struck out for procedural non-compliance; second limb (capacity to sue) left undetermined.
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2 November 2021 |
| October 2021 |
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Failure to admit crucial documents at trial violated the right to be heard, vitiating proceedings and meriting a fresh hearing.
* Administrative law – Natural justice – Right to be heard – Failure to receive crucial documentary evidence vitiates proceedings.
* Civil procedure – Evidence – Admission of documents at trial tribunal – Non-receipt of key documents as ground for quashing judgments.
* Remedies – Quashing of trial and appellate records and order for fresh hearing where right to be heard breached.
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29 October 2021 |
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28 October 2021 |
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Non-joinder of the municipal allocating authority rendered the tribunal’s decision on the surveyed plot a nullity.
* Land law – allocation of surveyed plots – evidence of allocation by municipal authority and certificate of occupancy.
* Civil procedure – Joinder – necessary party – allocating authority must be joined where its participation is essential to resolve surrender and compensation issues.
* Appellate review – first appellate court entitled to re-evaluate and critically scrutinize trial evidence.
* Non-joinder of necessary party renders proceedings and judgment susceptible to being quashed and set aside.
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28 October 2021 |
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27 October 2021 |
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27 October 2021 |
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26 October 2021 |
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Two‑year cohabitation raises a rebuttable presumption of marriage; courts may divide assets though no formal marriage was proved.
Law of Marriage Act s160(1) – presumption of marriage from two years' cohabitation; payment of bride price not conclusive proof of customary marriage (s43 registration required); s160(2) – power to make consequential orders including property division; s114(2)(b) – consider contributions in asset division; gifts to third parties (in‑laws) are not matrimonial property unless conditional.
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25 October 2021 |
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25 October 2021 |
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Warehouse operator liable for misdelivery; bank-issued receipts proved payment, entitling plaintiff to damages and interest.
Contract – sale by auction – payment evidenced by bank release warrants and warehouse receipts; Warehouse law – liability for misdelivery rests on warehouse operator; Evidence – presumption of regularity for official documents (s.122 Evidence Act); Administrative remedies and guidelines do not oust court jurisdiction; Corporate capacity to sue is a factual issue requiring proof.
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22 October 2021 |
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A preliminary ruling on limitation was improper where factual issues about conditional occupation required evidence.
Land law – Limitation of actions – Whether time runs from the deceased’s death where occupier was an invitee with conditional permission; preliminary objections – questions of fact requiring evidence cannot be decided at preliminary stage; right to be heard – dismissal on preliminary point without evidence vitiates proceedings.
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22 October 2021 |
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Appeal from District Land and Housing Tribunal filed after the statutory 45-day limit is time-barred and dismissed with costs.
Land law – Appeals from District Land and Housing Tribunal – Time limit under section 41(2) Land Disputes Courts Act – Computation from date of delivery of judgment – Certified copies and exclusion of waiting time – Section 19(2) Law of Limitation Act requires written request – Appeals filed after prescribed period dismissed under section 3(1) Law of Limitation Act.
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22 October 2021 |
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Labour revision dismissed for want of prosecution due to applicant’s unexplained absence and non‑compliance with court orders.
* Civil procedure – dismissal for want of prosecution – failure of applicant/counsel to attend scheduled hearing. * Court orders – non‑compliance with court directions undermines administration of justice. * Labour law – revision dismissed where applicant fails to prosecute proceedings.
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21 October 2021 |