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Citation
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Judgment date
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| April 2021 |
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29 April 2021 |
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29 April 2021 |
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Failure to attach the drawn order to a memorandum of appeal renders the appeal incompetent and it was struck out with costs.
Civil procedure – Appeals from District Court orders – Order XXXIX Rule 1 and Order XL Rule 1 CPC – memorandum of appeal must be accompanied by a drawn decree/order; Ruling is distinct from drawn order; Non‑compliance renders appeal incompetent and incurable by overriding objective; Remedy — striking out appeal with costs.
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27 April 2021 |
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High Court revised an unlawfully low fine under Plant Protection Act s.24, enhancing it to the statutory minimum and ordering payment of the balance.
Criminal revision – sections 372 and 373 Criminal Procedure Act – High Court’s power to examine subordinate court records and vary sentences. Statutory interpretation – Plant Protection Act s.24 – mandatory minimum fine of TZS 10,000,000 for false/misleading labelling of plant protection substances. Sentence enhancement – High Court may enhance subordinate court’s sentence where original sentence is contrary to clear statutory prescription; non-payment of balance to attract alternative imprisonment term.
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27 April 2021 |
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Court granted extension to file a written defence to a third-party notice, finding the applicant showed good cause.
Civil procedure — Extension of time — Judicial discretion to grant extension — Criteria: promptness, satisfactory explanation for delay, and prejudice to respondent. Third party proceedings — Time for filing written statement of defence to third party notice (21 days) and circumstances permitting extension. Interpretation — What constitutes "good/sufficient cause" is fact-specific and determined by reference to all circumstances.
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24 April 2021 |
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Extension of time refused where applicant failed to show sufficient cause and was duly served but dilatory.
Civil procedure – Extension of time – Discretionary relief requires sufficient reasons and diligence; not an automatic right. Service of process – Affidavit evidence of service and refusal to accept summons – effect on notice and entitlement to be heard. Evidence of absence – Passport proof insufficient where records show presence during key hearing dates. Appeal – First appellate court’s discretionary refusal to extend time will not be disturbed absent error in law or fact.
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23 April 2021 |
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Res judicata bars the applicant's subsequent land claim where she was in privity and the earlier decision was final.
Civil procedure – res judicata – application requires competent tribunal, same subject matter and issues, final decision, same parties or privies. Privity – spouse/witness bound by earlier final judgment; failure to join earlier proceedings estops later claims. Appeal – appellate court will uphold district tribunal where doctrine correctly applied and arguments do not rebut res judicata.
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22 April 2021 |
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Applicant failed to show good cause for extension of time to file leave to appeal; application dismissed with costs.
Extension of time – Judicial discretion to grant extensions – Applicant must show good cause, account for delay and exercise diligence; failure to comply with earlier extensions and unexplained delay may justify dismissal as abuse of process; costs awarded.
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20 April 2021 |
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Appeal dismissed; evidence (ID parade, withdrawal receipt, recovered cash/devices, confession) proved electronic fraud and three-year sentence upheld.
Cybercrimes Act 2015 – electronic interference with mobile phone – unlawful access and fraudulent withdrawal via mobile money; corroboration by transaction receipt and recovery of devices. Evidence – identification parade, witness corroboration and confession – evaluation and weight of evidence in criminal trials. Appeal – first appellate court's duty to re-evaluate entire evidence; sentencing review.
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19 April 2021 |
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Appeal dismissed: conviction affirmed based on voluntary caution statement and recovery/identification of stolen property.
Criminal law – Burglary and stealing – Proof beyond reasonable doubt by recovery and identification of stolen property; voluntary caution statement as corroboration; recent possession doctrine. Evidence – Admissibility of caution statement – inquiry into voluntariness and awareness of rights. Criminal procedure – Consideration of defence evidence in trial judgment; sentence review – within lawful discretion.
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19 April 2021 |
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Applicant failed to show sufficient cause for extending time; sick note post‑dated the extension and application dismissed with costs.
Extension of time – application for leave to appeal – requirement to show 'good cause' and diligence; Sickness as ground for extension – proof must cover the relevant period; Pleadings requirement – written submissions without counter‑affidavit inadmissible; Judicial discretion – exercised per Lyamuya, Bushiri and Esso principles.
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17 April 2021 |
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High Court granted leave to appeal on a substantial point of law regarding Ward Tribunal pecuniary jurisdiction.
Appellate jurisdiction — Leave to appeal — High Court's power under AJA s.5(1)(c), CoA Rules r.45 and Land Disputes Courts Act s.47(1); Leave granted where intended appeal raises point of law on Ward Tribunal pecuniary jurisdiction (20-acre farm valuation).
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16 April 2021 |
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15 April 2021 |
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15 April 2021 |
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14 April 2021 |
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Statutory rape conviction quashed where prosecution proved penetration and age but failed to prove identity beyond reasonable doubt.
Criminal law – Rape (statutory rape) – Elements: penetration (however slight), age and identity; medical evidence and birth certificate as proof of penetration and age. Evidence – Victim testimony in sexual offences must be scrutinised with caution; prosecution must prove identity beyond reasonable doubt. Criminal appeal – Material contradictions and absence of eyewitness can render a conviction unsafe; doubts resolved in favour of accused.
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14 April 2021 |
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Applicant’s bid to set aside dismissal for want of prosecution dismissed for failing to show good and sufficient cause.
Civil procedure – setting aside dismissal for want of prosecution – restoration of dismissed appeal – requirement to show good and sufficient cause – evidentiary burden to explain non-appearance – court’s discretionary power and case-management considerations.
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13 April 2021 |
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Conviction quashed where variance in victim identity and insufficient proof undermined the prosecution's case.
Criminal law – Rape – Proof beyond reasonable doubt – Variance between victim’s name in charge sheet and evidence; necessity to prove specific particulars (name, date, time, place); bedwetting and non-specific community evidence insufficient to establish rape.
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12 April 2021 |
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Rape conviction quashed where prosecution failed to prove link between accused and child's pregnancy amid unexplained delay.
Criminal law – Rape – Proof beyond reasonable doubt – Nexus between accused and pregnancy must be established. Evidence – Child complainant – weight of testimony and necessity of analytical evaluation by trial court. Medical evidence – PF3 and medical examination insufficient without proof of pregnancy age and timing of intercourse. Procedure – Importance of calling the investigating officer to explain delays and investigative gaps. Principle – Reasonable doubts must be resolved in favour of the accused.
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12 April 2021 |
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9 April 2021 |
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9 April 2021 |
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High Court quashed juvenile-court parentage and custody orders for procedural breaches and denial of the child's right to be heard.
Child custody and parentage — Revision under s.44(1)(b) of Magistrates' Courts Act — Juvenile Court procedure — DNA testing ordered prematurely contrary to Rule 61 — Child not joined nor heard contrary to Rule 59 and Article 12 UNCRC — Failure to obtain social inquiry report and observe Rules on custody, access and maintenance (Parts VIII and IX).
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9 April 2021 |
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Extension of time granted where delay was beyond applicant’s control and the applicant acted diligently.
Extension of time – sufficient cause – delay due to late supply of judgment and striking out of initial application – diligence and denial of justice – discretionary relief.
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8 April 2021 |