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Citation
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Judgment date
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| July 2021 |
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Whether matrimonial assets should be equally divided where contributions are unclear and maintenance includes education.
Matrimonial property – division – equality versus contribution; maintenance under Law of Marriage Act – includes education; custody – welfare and children’s independent wishes; valuation and buy-out; unjust enrichment where one spouse financed the other’s education.
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15 July 2021 |
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Conviction for a non‑cognate lesser offence cannot replace a charged rape conviction without notice and factual cognateness.
Criminal law – substitution of lesser offence – cognateness requirement – notice to accused – Education Act s.60A(4) – conviction quashed where lesser offence not cognate to charged rape offence.
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14 July 2021 |
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Child’s unsworn account, corroborated by mother and medical evidence, upheld rape conviction and mandatory life sentence.
Criminal law – Rape of a child – Delay in complaint due to threats – admissibility and reliability of child’s unsworn evidence; corroboration by parent and medical evidence. Evidence – use of euphemistic language by child witnesses and contextual interpretation under section 130(4) of the Penal Code. Sentencing – statutory life sentence for rape of a child under ten years.
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14 July 2021 |
| 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 |
| May 2021 |
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Court convicted the accused of murder on reliable eyewitness identification and corroborative medical, ballistic and police evidence, sentencing them to death.
Criminal law – Murder – elements established by medical and ballistic evidence – haemorrhagic shock from bullet wound. Evidence – Visual identification at night – application of Waziri Amani safeguards; absence of identification parade not fatal. Evidence – Chain of custody and real evidence – spent cartridges deemed readily identifiable. Criminal procedure – Alibi requirements and weight where not timely pleaded. Corroboration – police interviews/statements corroborating eyewitness accounts.
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20 May 2021 |
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The applicants were granted bail pending trial with strict surety, travel and appearance conditions.
Criminal procedure – Bail – Applicants charged with economic offences – Application under s.29(4)(d) Economic and Organized Crime Control Act and s.148 Criminal Procedure Act – Republic not opposing – Court grants bail with conditions including surrender of travel documents, regional travel restriction, monetary bail bonds and immovable-property sureties.
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19 May 2021 |
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Unopposed bail pending trial granted for alleged wildlife/forest offences, subject to monetary bond, sureties and restrictions.
Bail — entitlement to bail pending trial under EOCCA and Criminal Procedure Act; offences alleged in game reserve bailable; absence of prosecution opposition; procedural error in citation of revised laws does not preclude bail; bail conditions — monetary bond, sureties, surrender of travel documents, movement restriction, mandatory court attendance.
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19 May 2021 |
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A probate petition filed after estate administration was complete is void; the district court correctly quashed the later proceedings.
Probate law – completion of administration – filing of Form VI and distribution concludes administration – no subsequent grant of letters for same estate.* Revision/procedure – validity of subsequent probate instituted after final distribution – such proceedings are nullities and may be quashed.* Remedies – heir aware of completed administration should claim share, not seek fresh letters of administration.
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12 May 2021 |
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Court found dismissal substantively and procedurally unfair, quashed CMA award and ordered reinstatement with back pay.
Employment law – unfair dismissal – substantive and procedural fairness – employer's burden to prove misconduct and compliance with Rule 13 (Code of Good Practice). Disciplinary procedure – requirement to frame charges, furnish evidence, allow cross‑examination and follow employer's Financial Regulations. Admissibility/weight of audit report and purported admissions – explanatory responses do not substitute for proof. Appropriate sanction – termination as last resort; proportionality and consideration of factors.
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11 May 2021 |
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11 May 2021 |
| 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 |