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438 judgments found.
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December 2021
Unsigned judgment is a nullity; omission to sign witness proceedings is curable under section 388 CPA.
Appellate practice — Revisionary powers
— quashing judgment and setting aside sentence
— remit for proper signed judgment and re-sentencing
Criminal procedure
— Judgment requirements
— signing of proceedings — compliance with section 210(1)(a) and 210(3) CPA
23 December 2021
Failure to file mandatory notice of representation renders a labour revision application incompetent despite overriding objective.
Labour law — Labour procedure
— overriding objective cannot cure clear statutory non‑compliance
— Regulation 34(1) (notice of intention) is a factual filing at CMA
— Revision of CMA award
21 December 2021
Omission to show gender of ward tribunal members renders proceedings a nullity; parties may institute fresh suit within three months.
Land law — Ward Tribunal composition — mandatory recording of members and gender requirements — Land Disputes Courts Act s 11, Ward Tribunals Act s 4(3)
Appellate practice — Second appeal — confined to points of law arising from first appeal — Whether omission as to tribunal composition can be entertained in second appeal
21 December 2021
Unsupported sickness and failure to account for each day of delay do not justify extension to set aside an ex parte judgment.
Civil procedure — extension of time
20 December 2021
A ward tribunal sitting with fewer than statutorily required members and adjudicating matrimonial property lacks jurisdiction and is nullified.
Civil procedure — Procedure
— appellate power to quash under sections 31(1)(c) and 36(1)(b) LDCA
— Proceedings conducted by improperly constituted tribunal and addressing matters outside jurisdiction are nullities
Family law — Cannot determine matrimonial-property issues
Land law — Ward Tribunal composition — statutory minimum members (not less than four, at least three women) and requirement to record members present in proceedings
20 December 2021
Failure to conduct mandatory Ward Tribunal mediation and denial of rejoinder vitiated proceedings; retrial ordered.
Civil procedure — Constitutional & procedural law — right to be heard
— denial vitiates proceedings
— Right of rejoinder forms part of natural justice
Civil procedure — jurisdiction
— may be raised anytime but requires proof
— Pecuniary jurisdiction
Civil procedure — remedy — Quashing of proceedings and retrial where mandatory procedures are not followed
Land law — Ward Tribunals
17 December 2021
Accused's multiple stab wounds, voluntary admissions and conduct established malice aforethought; convicted of murder and sentenced to death.
Criminal law — Murder — malice aforethought
— admissibility of cautioned and extra-judicial confessions
— insanity defence burden and proof
— proved by weapon, force, number and location of blows and post-offence conduct
— reliance on post-mortem report and admissions
10 December 2021
The respondent failed to prove administrator status and the suit was time-barred; proceedings were nullified.
Civil procedure
— annexures to pleadings are not evidence
— documents appended to pleadings do not form part of evidence unless tendered
— pleadings annexures
— Probate and administration
— remedy — High Court's revisionary powers
Jurisdiction — proceedings are a nullity where plaintiff lacks locus standi or claim is time‑barred
Limitation law — Limitation of actions — suits founded on judgment or for recovery of land limited to 12 years
7 December 2021
Primary Court judgment unsigned by assessors is a nullity; District Court revision and appeal founded on it are incompetent.
Criminal law — Magistrates' courts act s.7 and primary courts rules — mandatory participation and signatures of assessors
— District Court revision based on void Primary Court judgment is incompetent
— judgment unsigned by assessors is nullity
— remedy: quash, set aside and remit
6 December 2021
Sickness alone, without medical evidence accounting for the entire delay, does not establish good cause for extending time to appeal.
Civil procedure
— extension of time
— Good cause test
— sickness as cause — requires medical evidence accounting for entire delay
6 December 2021
Court convicted accused of murder, finding malice aforethought and rejecting provocation; sentenced to death.
Criminal law — Murder
— Credibility of eyewitnesses
— Malice aforethought assessed by force, injury location and conduct
— medical evidence of spinal injury
— provocation defence
6 December 2021
Suing the village government instead of the incorporated village council renders proceedings a nullity; lower tribunal orders quashed.
Civil procedure
— consequences of suing wrong legal entity — nullity of proceedings and power to quash lower tribunals’ orders under s.43(1) LDCA
— Execution — challenges to ex parte execution where foundational proceedings are void for lack of proper party
Land law — Village land management — proper party to sue — registered Village Council is a corporate body capable of suing and being sued
3 December 2021
November 2021
Applicant cannot challenge Ward Tribunal judgment in execution revision; remedy was appeal or revision under section 43.
Appellate practice — Revision
Civil procedure
— Execution — entitlement to execute Ward Tribunal judgment not reversed or set aside
— Procedural law
Land law — Land disputes courts act, s.43 — High Court revisional jurisdiction over District Land and Housing Tribunal decisions
30 November 2021
Appellant failed to prove title; tribunal rightly held land formed part of deceased’s estate and dismissed the appeal.
Land law
— burden of proof in civil cases
— credibility of evidence
— deceased’s estate and probate jurisdiction
— ownership dispute
— validity of purchases from persons with title
30 November 2021
Disposal of perishable wildlife trophies without hearing the accused invalidates convictions for unlawful possession of those trophies.
Wildlife offences — unlawful entry and possession of weapons
Wildlife offences — Unlawful possession of government trophies
— accused’s right to be heard before disposal
— admissibility and tendering of seizure, inventory and valuation documents
— appellate re-evaluation of evidence
— disposal of perishable exhibits under PGO
30 November 2021
Appellate court upheld conviction on recent possession but reduced the sentence to five years and ordered compensation.
Criminal law — animal stealing — doctrine of recent possession — requirements and application
Criminal law — Exhibits — seizure certificates and handing-over documents, and custody of live exhibits
Criminal law — sentencing
— maximum sentence reserved for worst cases
— reduction to statutory minimum for first offender
Criminal procedure — accused’s right to be asked to call witnesses and consequences of his response
Evidence — credibility and need (or not) for corroboration of victim and community witnesses
30 November 2021
Applicants charged with economic offences were granted bail subject to EOCCA-mandated cash deposit, sureties, and travel restrictions.
Criminal law — Bail pending trial
Criminal law — Bail principles
— presumption of innocence, risk of absconding or interference, gravity of offence (Patel v Republic). Sureties, cash deposit or immovable property as bail security
— verification by trial court
30 November 2021
Appeal improperly filed in High Court instead of District Land and Housing Tribunal; struck out with leave to refile within 30 days.
Land law — Land law and civil procedure — Appeals from Ward Tribunal
29 November 2021
Failure of the trial chairperson to sign recorded witness evidence vitiated proceedings, requiring nullification and rehearing.
Civil procedure — recording of evidence
26 November 2021
Extension of time granted to appeal due to alleged illegality despite failure to prove e-filing technical delay.
Civil procedure
— Electronic filing — proof of control number and timing relevant to delay claims
— extension of time — technical issues with e-filing versus allegation of illegality
— Illegality as sufficient cause for extension — jurisdictional challenge and omission of judicial signature may vitiate proceedings
26 November 2021
High Court grants leave to appeal on arguable point whether time to obtain judgment copies is excluded from appeal limitation period.
Civil procedure
— Leave to appeal — application under section 47(2) Land Disputes Courts Act — leave granted where grounds raise points of law or arguable issues
— Procedural law — dismissal for being time-barred and requirement of leave to appeal out of time
Limitation law — Limitation of actions — computation of time — whether time spent obtaining a copy of judgment is excluded from prescribed appeal period
26 November 2021
Delay caused by a defective decree can constitute good cause for extension of time to file an appeal.
Land law — Land disputes courts act s.41(2) — extension of time to appeal
— defective/incorrect decree issued by trial tribunal
— Exercise of judicial discretion to extend time where application is uncontested
— Time limit for filing appeal after grant of extension (45 days)
25 November 2021
Proceedings quashed for lack of locus standi and irregular, unrecorded locus in quo visit.
Civil procedure — locus in quo visit — Mandatory procedure: parties, advocates and witnesses to attend, notes recorded and read into court — Non‑compliance vitiates proceedings (Nizar M.H. guidelines)
Land law — locus standi — where a party claims title through a deceased person, production of letters of administration (or proof of authority) is required before tribunal proceeds — Probate and Administration of Estates Act ss 71, 100
24 November 2021
Appellant’s rape conviction upheld on victim and parental evidence; impregnating charge quashed for lack of DNA paternity proof.
Civil procedure — Procedural — Delay in medical examination does not necessarily vitiate prosecutrix’s testimony
Criminal law — sexual offences — Statutory rape — Proof of penetration and age — victim and parent evidence admissible to prove age
Criminal procedure
— Alibi — notice requirement
— failure disentitles the defence to weight
Evidence — victim’s testimony as best evidence in rape cases
Family law — Paternity — Requirement of DNA or conclusive proof to establish fatherhood for impregnating charge
24 November 2021
Conviction quashed where inventory disposing perishable trophy was improperly prepared and inadmissible, leaving no proof of offence.
Civil procedure — remedy
— Expungement of improperly prepared exhibit, quashing of conviction and setting aside of sentence
— no retrial ordered due to lack of evidence
Criminal law — Evidence — Disposal and admissibility of perishable exhibits — inventory prepared without complying with PGO is inadmissible
Wildlife offences
— Proof of government trophy
— removal of key exhibit undermines prosecution case
24 November 2021
Whether applicants charged under EOCCA with high-value mineral offences are entitled to bail pending trial.
Criminal law — EOCCA s29(4)(d) and s36(4)-(5)
— bail pending trial where property value exceeds statutory threshold
— conditions of deposit, sureties and verification
— presumption of innocence and right to liberty
— sharing bail security among multiple accused
24 November 2021
Presumed cohabitation creates consequential custody jurisdiction but not a right to divorce; suo motu orders without hearing are nullities.
Family law — natural justice
— child welfare paramount in custody decisions
— orders made suo motu without hearing are nullities
Family law — presumption of marriage — presumption not a formal marriage and cannot be dissolved by divorce
— courts may make consequential orders under s.160(2) including custody
— jurisdiction of primary court on consequential orders
24 November 2021
Failure to conduct mandatory Ward Tribunal mediation renders proceedings a nullity and warrants trial de novo.
Land law — Ward Tribunal — mandatory mediation — appellate proceedings founded on nullity invalid — court’s power
24 November 2021
Arbitrator's failure to sign proceedings vitiated the CMA award, requiring a de novo rehearing before another arbitrator.
Labour law — Procedural irregularity — Omission of Arbitrator’s signature after recording evidence — Effect on authenticity and vitiation of award
Civil procedure — Revision — Setting aside award and remitting record for fresh determination by another arbitrator
Evidence — Authenticity of record — Arbitrator’s signature necessary to authenticate witness testimony
23 November 2021
Failure to conduct mandatory Ward Tribunal mediation renders proceedings null and requires retrial de novo.
Land law — Ward Tribunal — mandatory mediation — appellate decision tainted — remedy: quash and order trial de novo
22 November 2021
An expired temporary injunction cannot be enforced by committal against a non‑breaching beneficiary; proper execution or fresh suit required.
Land law — Execution remedies
— contempt/committal
— Proper defendant for enforcement
Land law — Land — Temporary injunction
— Expiry/overtaking of injunction by events
— Maintenance of status quo limited to specified period
22 November 2021
Child’s evidence expunged for non‑compliance with s127(2) Evidence Act; conviction quashed for lack of proof.
Criminal law — Unnatural offence
— child victim evidence
— proof beyond reasonable doubt
Evidence — Hearsay — inadmissibility and inability to corroborate child’s testimony. Conviction unsafe where statutory safeguards for child evidence are neglected
15 November 2021
High Court refused to certify points of law where issues were inadequately substantiated and notice of appeal was defective.
Civil procedure
— Appeals from Primary Courts — Certification — Requirement to demonstrate and link proposed points of law to the record
— Court of Appeal Rules, rule 83(1) and (2) — Notice of appeal — Effect of incorrect citation of Court of Appeal Rules (r.83(1) Cap 141 R.E.2019)
15 November 2021
Ignorance of procedure and prosecuting struck-out applications do not amount to good cause for extension of time to appeal.
Land law — Land appeal
— extension is discretionary
— Extension of time
— prosecuting prior struck-out applications and ignorance of law are not sufficient cause
15 November 2021
Leave granted for a representative land suit where applicants proved common interest and consent; representative must ensure notice.
Civil procedure — Representative suits — proof by joint affidavit and signatures — notice to all persons by personal service or public advertisement — family membership not alone determinative but may suffice on facts
15 November 2021
High Court quashes DLHT finding: respondent failed to prove title; appellants’ Operation Vijiji allocation credible.
Land law — adverse possession
— appellate review of DLHT factual findings
— requirements and inapplicability where no abandonment
— weight of oral evidence
Land law — proof of title
— allocation
— burden of proof in civil cases
12 November 2021
Appellant failed to prove land title; hearsay power-of-attorney evidence expunged and DLHT decision quashed.
Land law — proof of title and possession — burden of proof on party alleging ownership — Tanzania Evidence Act ss 110, 119; balance of probabilities
Evidence — hearsay and admissibility — Testimony by agent under power of attorney treated as hearsay — Power of attorney strictly construed
Land law — title/licence — Mining licence or licence to occupy does not itself confer good title; allocation subject to unpaid compensation does not pass ownership
12 November 2021
Applicant's extension of time application dismissed for failing to prove sickness or counsel negligence and not accounting for the delay.
Civil procedure
— extension of time to file notice of appeal
— Sickness as ground for extension — requires medical evidence and proof it prevented timely action
Tort
— Alleged counsel negligence
— inordinate/unexplained delay defeats application
12 November 2021
Court allowed review application to proceed despite defect in notice of representation, invoking overriding objective to allow amendment.
Labour law — Labour procedure — Preliminary objections
— mandatory form but curable by amendment
— overriding objective to cure procedural defects
10 November 2021
No prima facie case where eyewitness evidence was materially inconsistent and admissions were vague, resulting in acquittal.
Criminal procedure — Admission — cautioned/extra-judicial statements
Criminal procedure — Evidence — impeachment by prior inconsistent statements
Criminal procedure — Murder
— Burden and standard of proof
— causation and malice aforethought
Criminal procedure — prima facie case
10 November 2021
Court granted stay of execution on attachment of matrimonial home pending appeal, finding irreparable loss and no undue delay.
Civil procedure — Stay of execution
10 November 2021
Post‑mortem proved strangulation but prosecution failed to prove the accused caused the death; no case to answer, acquitted.
Criminal law — admissibility of extra‑judicial statements
— compliance with s10
— hearsay inadmissible
Criminal law — Murder — sufficiency of evidence to call accused to defence under s293 CPA
9 November 2021
An appeal accompanied by a decree that contradicts the judgment is incompetent and must be struck out; file remitted for decree correction.
Civil procedure — defective decree renders appeal incompetent — Appeal accompaniment requirement — Incompetent proceedings cannot be adjourned/withdrawn — Remittal for correction and leave to refile without fees where defect caused by trial tribunal
8 November 2021
Appeal dismissed: husband was a necessary party; assessors’ opinion properly considered but chairman may differ with reasons.
Land disputes — Evidence
— De novo hearing ordered where wrong parties sued
— sale agreement and council correspondence relevant to ownership
Land disputes — Necessary party/joinder — where third party (husband) claims ownership and is active in dispute he must be sued or joined
5 November 2021
An appeal filed one day late without an extension is dismissed; withdrawal to seek extension is improper.
Civil procedure
— Appeals from District Land and Housing Tribunal — time limit for filing an appeal — Requirement to apply for extension of time for any delay
— Court’s jurisdiction — Court‑raised time bar — Dismissal of time‑barred appeal where delay is unaccounted for
3 November 2021
An unsigned or undated appellate judgment is a nullity, rendering subsequent appeals incompetent until a proper judgment is signed and delivered.
Criminal procedure
— Appeals from Primary Courts — Requirement that appellate judgment be signed, dated and pronounced — Unsigned judgment a nullity
— appeal time limits — Competence of appeal where delivery date of impugned judgment uncertain — Magistrates' Courts Act s 25(1)(a)
3 November 2021
Where a Primary Court judgment is unsigned and undated, there is no appealable decision and subsequent appeals are incompetent.
Criminal law — Magistrates' courts (primary courts)
— appellate proceedings incompetent
— District Court proceedings nullified and remitted to Primary Court
— Requirement that Primary Court judgments be in writing, pronounced in open court, dated and signed by magistrate and assessors
2 November 2021
1 November 2021
Primary Courts lack jurisdiction over probate of a deceased Christian; such proceedings are nullities and are set aside.
Civil procedure
— Jurisdictional defect — Proceedings in a court lacking jurisdiction are nullities and liable to be set aside
— parties may refile before a competent court subject to limitation — Magistrates' Courts Act s31(2)
Probate law — Jurisdiction of Primary Courts — Primary Courts limited to Islamic and customary probate/administration matters — GN 320 of 1964
1 November 2021
Appeal allowed on impregnating charge due to uncertain medical evidence; other convictions (abduction/rape) upheld.
Civil procedure
— Appeal — conviction quashed where medical evidence leaves doubt as to when conception occurred
— Trial procedure — omission of particular evidential detail from judgment not fatal where evidence appears on record
Criminal law — sexual offences — statutory rape/impregnating a schoolgirl
— ingredients: age and penetration
— medical evidence and gestational age
Evidence — oral testimony of victim as primary evidence in rape cases
1 November 2021