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Citation
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Judgment date
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| October 2023 |
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Long occupation and documentary evidence outweighed minor procedural defects; appeal dismissed and lower tribunals’ findings upheld.
Land law – ownership and long possession; procedural irregularities in ward tribunals – coram and signatures; overriding objective/substantive justice (s.45 Land Disputes Courts Act) curing minor defects; appellate restraint on concurrent factual findings; weight of evidence and locus in quo visits.
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31 October 2023 |
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Petition to restore shareholding withdrawn with leave to refile to implead the Registrar of Companies; no order as to costs.
Companies law – share transfer dispute – non-joinder of Registrar of Companies – withdrawal with liberty to refile under Order XXIII Rule 1(2)(a) CPC – requirement to implead Registrar/serve Attorney General – costs: no order where issue raised suo motu.
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31 October 2023 |
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High Court granted bail for economic crime but imposed stringent conditions including cash/property security and sureties.
Bail — Economic and Organised Crimes — value exceeding Tshs.300 million — High Court jurisdiction post-amendment — bail conditions: passport surrender, monthly reporting, travel restriction, two sureties (one government employee), cash or property security, surety bonds.
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31 October 2023 |
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The applicant charged with attempted murder granted bail subject to stringent conditions under statutory and constitutional bail principles.
Bail — application pending sessions trial — applicability of Criminal Procedure Act sections 148 and 392A — constitutional right to bail (articles 13(6)(b) & 17) — factors and conditions for bail in serious offences (attempted murder) — sureties, bond, travel restriction and supervision.
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27 October 2023 |
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Court upheld unlawful dismissal finding defective charge and procedure, reducing compensation from 48 to 24 months' salary.
Labour law — unfair termination — distinguishing breach of trust and criminal stealing; disciplinary procedure — Rule 13 GN
No. 42/2007 — need for investigation and procedural fairness; admissions — presence on CCTV not admission of criminal act; compensation under s.40(1)(c) — judicial discretion and reduction of award
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26 October 2023 |
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Section 21(2) Limitation Act excludes time spent prosecuting related proceedings, rendering the stay application within time.
Limitation law – exclusion of time under section 21(2) of the Law of Limitation Act; time‑barred applications; stay of execution pending revision; effect of struck‑out or withdrawn main proceedings on related miscellaneous applications; overriding objective and expedition in labour disputes.
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26 October 2023 |
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Court rectified a decree to conform with the judgment due to omission, wrong date and improper signature.
Civil Procedure – Decree must agree with judgment – Order XX Rules 6(1), 7 and 8 CPC. Correction/rectification of decrees – Clerical or accidental mistakes – Section 96 CPC. Decree contents – inclusion of relief granted, correct date and proper judicial signature
Procedure – application in absence of a respondent who never entered appearance
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25 October 2023 |
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Appeal withdrawn without costs where tribunal struck out land suit for non-compliance; appellant may file a fresh, compliant application.
Land law – pleadings – adequacy of description of land – Regulation 3(2)(b) of the Land Disputes Courts (District Land and Housing Tribunal) Regulations, 2003
Probate/representation – letters of administration – effect of expiry on authority to prosecute suits. Civil procedure – strike out for non-compliance versus refiling – withdrawal of appeal and discretion as to costs
Civil Procedure Code s3A – expeditious, proportionate and affordable resolution of civil disputes; Court’s discretion to allow withdrawal without costs
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24 October 2023 |
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High Court grants bail in high-value economic crime case but imposes stringent conditions to ensure appearance and accountability.
Criminal procedure – Bail in economic crimes – jurisdictional requirement for High Court where value exceeds TSh 300,000,000 (s.29(4) Economic Crimes Act). Bail conditions – scope of High Court discretion and applicable conditions under s.36(5) and s.36(6) of the Economic Crimes Act. Security measures – surrender of travel documents, sureties (including government employee), cash or property deposit and surety bonds. Multiple accused – principle of sharing or tailoring conditions among co-accused; adherence to precedent
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23 October 2023 |
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Court granted substitution of remaining custodial sentence for community service subject to a Tanzanian surety and compliance with the law.
Criminal law – Sentencing – Substitution of remaining custodial sentence with community service under Community Service Act and section 339A Criminal Procedure Act
Probation/Community Services – Prisoner Social Inquiry Report and treatment plan as basis for non-custodial sentence
Conditions – Requirement of reliable surety (Tanzanian citizen), supervision, compliance with law, and consequence of default (section 38(3) Penal Code)
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21 October 2023 |
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Applicants' remaining prison terms substituted with community service subject to surety registration and supervision.
Criminal law – substitution of custodial sentence with community service – applicability of section 339A Criminal Procedure Act and section 3(1)(a) Community Service Act
Community Service – requirements and supervision – Prisoners Social Inquiry Report, treatment plan, sureties, fixed abode and work placement
Procedure – Regulation 18(2) Community Service Regulations (GN
No. 87 of 2004) – conditions of grant and consequences of default (section 38(3) Penal Code)
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21 October 2023 |
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Court ordered removal of posters and restrained respondents from planning or occupying applicant's land pending compensation, alternative land, or expiry of 90 days.
Land law – Interim relief – Status quo orders to protect proprietary rights pending compliance with statutory land acquisition procedures. Administrative action – Village council and national land-use commission alleged to have invaded private land and affixed planning/allocation notices. Urgent application – Removal of posters and restraint until compensation, alternative land, or expiry of ninety (90) day statutory notice
Costs – declined where State Attorney acted in search of justice
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20 October 2023 |
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Applicant charged with grievous harm granted bail pending trial, subject to bond, sureties, movement restrictions, reporting, and surrender of travel documents.
Criminal procedure – Bail pending trial – Offence bailable under section 222(a) Penal Code – Relevant provisions: Criminal Procedure Act ss.148 & 392A and Constitution arts.13(6)(b) &17 – Granting bail with conditions and supervision.
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20 October 2023 |
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Failure to produce the ward-tribunal certificate under s.13(4) justifies striking out; costs order quashed, each party bears own costs.
Land law — ward tribunal mediation certificate — mandatory requirement under s.13(4) before District Land and Housing Tribunal may hear title disputes; record sufficiency and use of section 3A CPC to regularize ward tribunal records; costs — discretion to quash awards where circumstances warrant.
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20 October 2023 |
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Murder charge reduced to manslaughter due to insufficient proof of intent and broken chain of custody.
Criminal law – murder vs manslaughter; burden of proof beyond reasonable doubt; chain of custody of a deceased body; delayed post-mortem and risk of tampering; weight of eyewitness evidence and failure to tender alleged weapon; reliability of sketch map.
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20 October 2023 |
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Applicant failed to prove illness or court misdirection; restoration of dismissed application refused.
Land procedure – Restoration of dismissed application – Applicant must show good cause; medical evidence must cover the specific missed dates; uncorroborated claim of court misdirection requires affidavit proof; allegations must be proved even in ex parte proceedings.
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18 October 2023 |
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Eyewitness recognition and admissible confessions supported conviction of the accused for murder; death sentences imposed.
Criminal law – murder – eyewitness recognition at night – admissibility of confessions – voluntariness and compliance with s.50(1)(a) & s.58(3) Criminal Procedure Act – malice aforethought established by multiple panga blows and grave head injuries – mandatory death sentence under s.197 Penal Code.
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18 October 2023 |
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Corroborated dying declaration and a lawful confession sustained a murder conviction and mandatory death sentence.
Criminal law – dying declaration – admissibility and need for corroboration; confession – voluntariness and compliance with s.57(4) of Criminal Procedure Act; malice aforethought – factors to infer intent; adverse inference for failure to call material witnesses; mandatory death sentence under s.197 Penal Code.
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17 October 2023 |
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Extension of time to appeal granted where medical evidence of illness and alleged tribunal irregularities justified delay.
Extension of time — good cause — sickness supported by medical evidence — alleged illegality of impugned decision — failure to file counter-affidavit — grant of extension.
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17 October 2023 |
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16 October 2023 |
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Failure to attach the impugned lower court order renders a revision application incompetent and liable to be struck out.
Revision procedure – requirement to attach impugned proceedings and order – omission renders revision application incomplete and incompetent – application struck out.
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12 October 2023 |
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Defence counsel must seek court leave under section 164 before reading or tendering a witness's prior statement during cross-examination.
Evidence Act (s.164) – Court’s power to regulate procedure for using prior writings to impeach witnesses – leave of court required before reading and tendering witness's prior statement; Court of Appeal guidance does not displace statutory leave requirement.
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12 October 2023 |
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Court found the first accused’s cautioned statement voluntary and admissible despite allegations of torture and coercion.
Criminal procedure — Evidence Act s.27(3) — Admissibility of cautioned/extra‑judicial statements — Voluntariness — Allegations of torture, threats or promise — Indicators of reliability and direct knowledge — Trial‑within‑trial assessment.
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12 October 2023 |
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Circumstantial last-seen evidence corroborated by confessions proved guilt; four accused convicted of murder and sentenced to death.
Criminal law – murder – circumstantial evidence and last-person-seen principle – requirement for corroboration
Evidence – confessional statements – voluntariness, admissibility, statutory timing (s.50 Criminal Procedure Act) and role of investigating officer (s.58(4))
Procedure – minor discrepancies and seizure formalities do not necessarily invalidate prosecution case
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10 October 2023 |
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Court admitted cautioned statement, finding statutory warnings and timing complied with sections 57(4) and 50(2)(a).
Criminal procedure – admissibility of cautioned statements – compliance with s.57(4)(a)–(e) (warnings, reading, signature/certification) – delay between arrest and recording – s.50(2)(a) permitting reasonable investigative delay – distinguishing precedents on facts (Chamuriho Kirenge; Juma Omary).
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10 October 2023 |
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Court convicted accused of manslaughter (not murder) on credible eyewitness and postmortem evidence and sentenced him to 15 years.
Criminal law – Homicide – Distinction between murder and manslaughter where death arises from a fight; Eyewitness recognition evidence – reliability and corroboration by postmortem; Sentencing – application of Tanzania Sentencing Guidelines 2023, use of dangerous weapon as aggravating factor.
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10 October 2023 |
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High Court overruled objection that leave-to-appeal application was incompetent for lacking an attached Notice of Appeal.
Land law; leave to appeal to Court of Appeal – Court of Appeal Rules, r.46 – requirement to lodge Notice of Appeal before applying for leave but not to attach copy to High Court application; preliminary objection procedure – High Court should not admit evidence on Notice filing at PO stage; jurisdictional/factual issues for Court of Appeal.
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6 October 2023 |
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A work‑related tort claim was found to fall under labour jurisdiction and to be time‑barred, so the suit was struck out with costs.
Employment law – tortious claim arising from employment relationship – exclusive/appropriate forum under s.88 ELRA and s.51 Labour Institutions Act – CMA/Labour Court/High Court Labour Division
Limitation – tortious claims accrue at date of injury; three‑year limitation applies (Law of Limitation Act, item 6 of First Schedule)
Workers Compensation Act s.30(1) – preserves civil liability only where employer's negligence/wrongful act caused the injury; delay in reporting does not convert the cause of action for s.30(1) purposes
Jurisdiction – preliminary objection on jurisdiction must be determined before merits; lack of jurisdiction requires striking out with costs
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5 October 2023 |
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Labour institutions have exclusive jurisdiction over employment-related torts and the plaintiff's claim was time-barred.
Labour law – jurisdiction – tortious claims arising out of employment fall under exclusive jurisdiction of Labour Institutions (s.88(1)(b)(ii) ELRA; s.51 Labour Institutions Act). Limitation of actions – tort – cause of action accrues on date of injury; Item 6 Part I, Law of Limitation Act (Cap 89) prescribes three-year limitation
Procedure – preliminary objection – determination of jurisdiction and limitation before merits; striking out time-barred and improperly placed labour claims
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5 October 2023 |
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Unverified affidavit paragraphs render the application defective and justify striking it out; applicant may refile within fourteen days.
Civil procedure – Affidavit verification – Order XIX r.3(1) CPC; Order VI r.15(2) CPC – deponent must specify which paragraphs are from own knowledge and which on information and belief; unverified paragraphs are expunged; defective affidavit may render application incompetent and liable to be struck out.
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4 October 2023 |
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Post‑mortem showed poisoning, but prosecution failed to prove the accused caused the death beyond reasonable doubt.
Criminal law – Murder (s.196 Penal Code) – Cause of death by organophosphate poisoning established by post‑mortem; insufficiency of circumstantial evidence to prove accused's guilt beyond reasonable doubt; contradictions in witness testimony and absence of material/found poison at scene – acquittal.
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4 October 2023 |
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Contradictory medical records and failure to call a material eyewitness undermined the prosecution's rape case against the applicant.
Criminal law – Rape of child; Evidence Act s.127(2) – child of tender age promising to tell the truth; PF3/medical evidence discrepancies; adverse inference for failure to call material witness; appellate re-evaluation of evidence.
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3 October 2023 |
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3 October 2023 |