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Citation
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Judgment date
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| 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 |
| March 2021 |
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District Court jurisdiction upheld where CPC excludes Primary Courts and withdrawal of trial objection bars raising it on appeal.
Civil procedure – jurisdiction of subordinate courts – applicability of the Civil Procedure Code to Primary Courts – section 3 CPC excludes Primary Courts; pecuniary limits are maximums not minima – withdrawal of jurisdictional objection at trial precludes raising it on appeal.
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25 March 2021 |
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Court granted extension to file appeal due to applicant’s disability, poverty, remoteness and advocate’s delaying conduct.
Extension of time; Law of Limitation Act s.14(1); High Court inherent powers (Civil Procedure Code); factors for granting extension (cause, length, accounting, prejudice, illegality); disability, poverty and advocate’s conduct as sufficient cause.
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25 March 2021 |
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18 March 2021 |
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Uncontroverted illness and pursuit of appeal constituted sufficient cause to extend time to file a bill of costs.
Law of Limitation Act s14(1) – extension of time – sufficient cause – discretionary relief; uncontested affidavit – serious illness (heart disease and cancer) and pursuit of appeal as sufficient cause; award of costs – substantial justice; District Land and Housing Tribunal erred in dismissing ex parte application; High Court may step into Tribunal's shoes to grant extension.
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18 March 2021 |
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Tribunal wrongly applied res judicata; applicants’ challenge to property sale must be heard on the merits.
Civil procedure – res judicata – application of section 9 Civil Procedure Code – five requirements for res judicata (same issue, same parties, same title, competent court, finally decided). Preliminary objection – suitability for determination at preliminary stage – mixed questions of law and fact. Land law – mortgage and sale of property – distinction between challenge to mortgage and challenge to sale. Remedy – quashing of decision and remittal for hearing on merits.
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11 March 2021 |
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Court granted extension to file appeal due to late supply of certified judgment, finding sufficient cause and exercising discretion.
Land law – Extension of time – Application under s.41(2) Land Disputes Courts Act – Whether delay in supply of certified judgment amounts to sufficient cause – Court’s discretion and consideration of interest of justice.
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9 March 2021 |
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Revision dismissed where prosecution argued merits but failed to show illegality or irregularity on the trial record.
Criminal procedure — Revisional jurisdiction under sections 372 and 373 CPA — limits and purpose. Revision is not a substitute for appeal — merits and sufficiency of evidence are appellate matters. Revision requires clear illegality, irregularity or incorrectness apparent on the record. Ex parte hearing permitted where respondent absents after published notice.
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8 March 2021 |
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Applicant granted 20‑day extension to appeal; court exercised discretion recognising constitutional right to appeal.
Land law – Extension of time to appeal – Discretionary power of High Court to grant extension – constitutional right to appeal – consider prior unsuccessful attempts and respondent’s non‑opposition.
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5 March 2021 |
| February 2021 |
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Applicants charged with economic and related offences admitted to bail subject to mandatory section 36(5) conditions.
Criminal procedure – Bail pending trial – Right to bail for baillable offences – Statutory mandatory conditions under section 36(5) of the Economic and Organized Crime Control Act where alleged value exceeds TZS 10,000,000. Economic and organized crime – deposit or security in cash or property; surrender of travel documents; restriction of movement; sureties and bonds.
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12 February 2021 |
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Stay of execution granted pending challenge to a consent settlement due to alleged fraud, irreparable loss and unopposed application.
Civil procedure – Stay of execution – Order XXI Rules 24–27 – discretionary relief; requirements: prima facie prospects/high chances of success, balance of convenience, irreparable loss; allegations of fraud vitiating consent decrees; effect of unopposed applications.
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12 February 2021 |
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A registered deed of settlement filed under s95 and Order XXIII Rule 3 is adopted as a binding court decree, settling the case.
Civil procedure – Deed of settlement – Registration and adoption under section 95 and Order XXIII Rule 3 CPC – Effect as court decree Settlement enforcement – Terms binding parties and extinguishing further claims arising from same cause of action Finality – Settlement filed in court becomes a final, enforceable judgment; parties bear own costs as agreed
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2 February 2021 |