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Citation
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Judgment date
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| June 2021 |
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The respondent's attempted rape conviction was quashed for failure to prove the statutory 'threatening' element; the ten-year sentence was also illegal.
Criminal law – Attempted rape – ingredients of offence under s.132(1) and (2)(a) – requirement of manifestation by threatening; Evidence – child’s testimony – compliance with s.127(2); hearsay – testimony of PW1 and PW3 as hearsay dependent on victim; Sentence – illegality of ten-year term where statute prescribes life or not less than thirty years.
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25 June 2021 |
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An appeal is incompetent and struck out where the petition does not match the district court record dispatched to the High Court.
Appeals — procedure from district court to High Court — petition and dispatched record must correspond — appeal incompetent if petition targets a non-existent decision — section 25 Magistrates' Courts Act.
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24 June 2021 |
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24 June 2021 |
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Appellant’s challenge to the tribunal’s finding of lawful sale to respondents was dismissed; respondents entitled to vacant possession.
Land law – ownership and title – proof of sale before local leadership and witnesses; possession and long use as basis for title; adverse possession/long occupation allegations; assessment of credibility and burden of proof in land disputes; District Land and Housing Tribunal’s findings affirmed on appeal.
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24 June 2021 |
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23 June 2021 |
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22 June 2021 |
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22 June 2021 |
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21 June 2021 |
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18 June 2021 |
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18 June 2021 |
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18 June 2021 |
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15 June 2021 |
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15 June 2021 |
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14 June 2021 |
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14 June 2021 |
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14 June 2021 |
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Leave to appeal refused where applicant failed to show prima facie grounds; respondent's silence not dispositive.
Land law – leave to appeal – requirement to show prima facie grounds meriting appeal; respondent's failure to file counter‑affidavit not determinative; concurrent findings of lower tribunals; non‑joinder issue raised for first time at leave stage.
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10 June 2021 |
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Appellant lacked locus standi and failed to prove alleged proceeds formed part of the deceased's estate, appeal dismissed.
Probate/Administration – locus standi – claim concerning deceased’s estate must be instituted by person holding letters of administration or by executor with probate. Civil evidence – proof of estate assets – requirement to produce inventory forms or other documentary proof to establish estate property. Admissibility of family meeting minutes – reliance on clan meeting minutes insufficient where formal capacity and proof of estate lacking.
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10 June 2021 |
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Administratrix proved estate ownership and obtained vacant possession and permanent injunction against trespassing defendants.
Land law – ownership and estate assets; administration of deceased’s estate – letters of administration; trespass – unlawful occupation of estate land; ex parte proceedings and proof on balance of probabilities; remedies: declaration, vacant possession and permanent injunction.
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8 June 2021 |
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7 June 2021 |
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Court upheld gang rape and robbery convictions, finding identification, victim evidence and medical report sufficient despite co-accused acquittals.
Criminal law – gang rape – penetration by one member of a group sufficient where facilitated by others – acquittal of co-accused does not automatically acquit remaining accused. Identification – reliability assessed by lighting, opportunity to observe and prior acquaintance. Evidence – victim’s testimony and medical report as probative on penetration and non-consent. Procedure – admission of document without reading may be cured if contents are covered by oral testimony and accused not prejudiced.
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4 June 2021 |
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Extension of time granted where applicant acted diligently and tribunal’s delay in supplying certified judgment caused the lateness.
Civil procedure – extension of time to appeal – "good cause" – delay caused by tribunal’s failure to supply certified copy; application of Lyamuya factors (account for delay, inordinate delay, diligence, other sufficient reasons). Ex parte hearing where respondent failed to appear despite filing papers.
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4 June 2021 |
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Court upheld armed robbery conviction, finding reliable identification and admissible oral confession despite expunged exhibits.
Criminal law – Armed robbery – elements: weapon, company, personal violence and immediate theft – proof beyond reasonable doubt. Evidence – visual identification – reliability where victim had ample opportunity and daylight (Waziri principle). Evidence – admission of documentary exhibits – requirement to read exhibits in court; unprocedural admission may lead to expungement but oral evidence can cure prejudice. Evidence – cautioned statement rejected; oral confession and confession leading to discovery admissible under section 31.
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4 June 2021 |
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Conviction quashed where prosecution failed to prove the victim’s identity and charged particulars beyond reasonable doubt.
Criminal law – evidence – variance between particulars in charge sheet and trial evidence (victim’s name, date) – prosecution must prove specific particulars; identity discrepancies may vitiate conviction.
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4 June 2021 |
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A divorce petition heard without a conciliatory-board certificate and without valid service vitiates the trial court's jurisdiction.
Family law – Divorce – Requirement to refer matrimonial dispute to a Marriage Conciliatory Board and obtain certificate of failure to reconcile – Section 101, Law of Marriage Act.* Procedure – Service and ex parte proceedings – Court must be satisfied summons was duly served before trying matter ex parte.* Jurisdiction – Absence of statutory conciliatory-board certificate vitiates Primary Court’s jurisdiction to hear divorce petition.* Appeal – Lower courts’ failure to note procedural jurisdictional defects warrants quashing of judgments.
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3 June 2021 |
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Second appellate court declined to disturb concurrent findings that the applicant trespassed on the respondent’s land.
Land law – boundary dispute and alleged trespass; second appeal – limited interference with concurrent findings of fact; locus in quo inspection and credibility findings; Ward Tribunals Act s.15 – tribunals not bound by strict rules of evidence; prescription/time-bar arguments; procedure and admissibility of locus in quo evidence.
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3 June 2021 |
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An appeal must be brought against a party; appeals filed against non-parties are incompetent and are struck out.
Civil procedure — Appeals from primary courts — Party status and locus standi — Appeal must be against parties only — Witness or interested person not automatically a party — Revision as remedy for non-parties.
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3 June 2021 |
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Applicants granted extension to file revision due to procedural irregularity in transfer between courts.
Extension of time – section 14(1) Law of Limitation Act; transfer of proceedings – sections 47 and 49 Magistrates' Courts Act; requirement to record reasons for transfer; necessity of trial de novo; illegality as sufficient cause for extension.
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1 June 2021 |
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Appeal allowed: distribution not proved and key documents improperly admitted, trial judgment quashed.
Land law – administration of deceased estate – whether former administrator distributed estate; Admissibility of documentary evidence – authentication of photocopies and requirement of primary evidence; Effect of improperly admitted evidence on a tribunal's decision; Locus standi – ability of alleged heirs to pass title to purchasers.
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1 June 2021 |
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Court affirmed a joint venture finding and upheld the Tshs. 7,200,000 award to the respondent.
Contract/Law of Contract Act – distinction between partnership and joint venture – intention, contributions and conduct determine nature of business arrangement. Evidence – civil standard (balance of probabilities) – direct and corroborated testimony can establish joint venture absent written agreement. Remedies – appellate court’s exercise of discretion in awarding general damages/entitlement is reviewable only for misdirection or injustice.
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1 June 2021 |