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37 judgments found.
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June 2024
appeal dismissed where improperly read‑in exhibits were expunged and remaining evidence failed to prove a loan.
Civil procedure — Civil appeal
— Online marketing transaction disputed as loan
— re‑evaluation of evidence on first appeal
— Speed‑track non‑adherence not automatically fatal if no injustice
28 June 2024
Valuation by unqualified officer and failure to hear the accused before trophy disposal rendered trophy evidence inadmissible, quashing that conviction.
Civil procedure — Remedies
— expunction may undermine and lead to quashing of conviction reliant on such evidence
— Illegally procured exhibits to be expunged
Criminal procedure — PGO No.229 — mandatory hearing of accused before Magistrate before disposal of perishable exhibits
Evidence
— valuation by unqualified person inadmissible
— Wildlife offences
28 June 2024
Applicant failed to account for delay and did not show sufficient cause for extension of time; application dismissed.
Civil procedure — extension of time
28 June 2024
Applicant charged with manslaughter was granted bail subject to specified monetary, surety, reporting and travel-document conditions.
Criminal law — Bail conditions — monetary bond, sureties, residency verification, reporting obligations, surrender of travel documents
Criminal procedure — Bail — Manslaughter
Jurisdiction — High Court may grant bail after committal despite prior cancellation by district court
27 June 2024
Discrepancy in victim's name on charge sheet found to impair fair trial, leading to retrial with credit for time served.
Criminal law — Armed robbery — Variance between name on charge sheet and trial evidence (victim identity) — Effect on validity of conviction
Criminal procedure — Charge particulars — Variance between name on charge and name used in evidence (alias) — Remedy: retrial
27 June 2024
Preliminary objection upheld: plaint disclosed no cause of action, lacked proper jurisdictional pleas and description, suit dismissed with costs.
Civil procedure
— Abuse of process/res judicata — filing fresh suit while earlier tribunal decree prevailed amounted to forum-shopping
— Pleadings — cause of action
— preliminary objection — competence of amended WSD and authenticity of signatures — signatures and authorship
— remedy — defective plaint and lack of cause of action leads to dismissal
27 June 2024
Revision struck out for incomplete record and missing execution order despite notices being found issued.
Civil procedure
— applications incomplete without attached judgment/decree and proceedings
— Execution — court broker conduct and clarity of execution order
— Revision
Land law — Revision of DLHT proceedings — Alleged improper service of summons for ex-parte hearing — applicability of GN No. 174 of 2003
27 June 2024
Application to be recognised as administrator dismissed as probate was lawfully reconstituted and the estate fully administered.
Probate law — nullification of prior probate and reappointment — completion of administration by filing inventory and final accounts — closure of probate discharges administrator — applications for appointment are moot if estate fully administered
27 June 2024
Plaintiffs proved ownership by long occupation; village allocations and constructions amounted to unlawful trespass; damages and costs awarded.
Land law
— adverse inference for departure from pleadings
— change of land use and evidence of public authority ownership
— possession and long occupation as basis of title
— remedies: declaration of ownership, damages and costs
— village council allocations and trespass
27 June 2024
High Court upheld taxed costs, finding taxation lawful and family relationship irrelevant.
Civil procedure — Taxation of costs — Advocates’ Remuneration
Evidence
— Evidence in taxation — no obligatory production of receipts or vouchers for instruction fees
— Family relationship — personal relation between parties does not preclude taxation of legitimately incurred costs
— Precedents — Premchand Raichand, Rent A Car Ltd v Kimuhu, Hotel Travertine cited in support of principles
26 June 2024
Non‑compliance with s.192(3) CPA (reading/explaining and signing undisputed facts) vitiates preliminary hearing; trial to restart.
Criminal procedure — Preliminary hearing
25 June 2024
Employer’s unpleaded bank slips were expunged; lack of proof of remittance led to awards for unpaid statutory pension contributions and damages.
Civil procedure — admission of documents not annexed to pleadings — Whether admission of un‑pleaded documents and expunction of exhibits — Order VII/VIII/XIII CPC
Labour law — Employment deductions — employer’s statutory deductions from salaries — Employer's duty to remit pension contributions and remedies where remittance not proven
25 June 2024
Stay of execution granted pending appeal upon fulfilment of Order XXXIX Rule 5 conditions and deposit of bank guarantee.
Civil procedure — Stay of execution
25 June 2024
Extension of time granted to file notice of appeal due to alleged illegality in lower court's dismissal and adequate account of delay.
Appellate practice — Appellate procedure
— extension of time to file Notice of Appeal
— illegality as special circumstance
— reliance on Valambia principle and related authorities
24 June 2024
First appellate court dismisses appeal where appellant failed to prove ownership and DLHT properly evaluated evidence.
Land law — proof of ownership — adverse possession
24 June 2024
Guilty plea and confession reduced medium-level manslaughter sentence to seven years' imprisonment.
Civil procedure — Procedure — plea of guilty as saving court time and meriting sentence reduction
Criminal law
— Manslaughter — fatal head injuries from blunt object — medium-level manslaughter
— sentencing — discretion below statutory maximum — application of Tanzania Sentencing Manual — mitigation for guilty plea and confession
24 June 2024
Disposition of perishable government trophy must follow PGO para.25; failure to hear accused renders disposal order illegal and conviction unsustainable.
Civil procedure — Appeal
Criminal procedure — disposal of perishable exhibits — Paragraph 25 Police General Orders requires accused to be brought before Magistrate and be heard before disposal — non‑compliance renders disposition order/exhibit illegally procured and liable to be expunged
Evidence — admissibility — Declaration for destruction (Exhibit PE5) lacking recorded plea or proceedings is inadmissible
21 June 2024
Failure to serve the Attorney General with the mandatory 90‑day notice under s.6(2) requires striking out the applicant's plaint.
Administrative law — Government proceedings act s.6(2) — mandatory 90‑day pre‑action notice
Civil procedure
— Non‑compliance with statutory notice — renders suit prematurely filed and is fatal
— preliminary objection — jurisdictional/technical compliance review — striking out of plaint with costs
20 June 2024
Defaulting defendant liable for unpaid service levy; summary judgment granted under Order XXXV Rule 2(2) with interest and costs.
Summary procedure — Order XXXV Rule 2(2) Civil Procedure Code — Defaulting defendant — Allegations in plaint deemed admitted — Unpaid service levy — Default judgment — Interest and costs.
19 June 2024
Section 21(1) Law of Limitation Act excludes time spent pursuing related proceedings; applicants’ revision held timely, preliminary objection dismissed.
Civil procedure — limitation
19 June 2024
Section 97 Civil Procedure Code permits correction of pleadings and court documents if amendments do not alter the real issue or prejudice the other party.
Civil procedure — amendment of pleadings — Court’s power to allow amendments to correct defects and determine real issues — Amendment permitted if it does not alter the real issue and causes no prejudice
19 June 2024
Summary judgment for unpaid service levy after defendant failed to obtain leave to defend.
Civil procedure — Summary judgment
— allegations deemed admitted
— defendant’s failure to obtain leave to defend
— interest awarded
— Order XXXV Rule 2(2) CPC
— unpaid service levy
19 June 2024
Summary judgment for outstanding service levy where defendant failed to obtain leave to defend under Order XXXV.
Civil procedure — Order XXXV Rule 2(2) CPC — Summary judgment — Leave to defend required — Judgment for outstanding service levy with interest
19 June 2024
Revision allowed: defective counter-affidavit expunged; written employment contracts not varied orally—applicants awarded salary arrears.
Civil procedure — Affidavits — jurat and verification — affidavit lacking jurat/verification is incurably defective and expunged
Evidence
— Parol evidence rule
— written employment contracts cannot be altered by oral agreement
Labour law — Labour remedies — entitlement to salary arrears where contract not lawfully amended or terminated
18 June 2024
Convictions for park-related offences quashed where prosecution failed to prove presence in the park with GPS evidence.
Civil procedure — Procedure
— convictions dependent on unproven location element liable to be quashed
— sentence set aside and release ordered
Criminal law — Elements of offence — presence within a geographical limitation (National Park)
Evidence
— burden of proof in criminal cases
— oral testimony insufficient to establish geographic element
18 June 2024
Photocopies under s67(1)(b) cannot be admitted where documents forming the applicant’s cause of action were not expressly pleaded.
Evidence
— bound by Court of Appeal authority
— implied admission insufficient
— secondary evidence
18 June 2024
Revision dismissed: applicants bound by CMA pleadings; CCTV evidence admissible and termination for gross dishonesty upheld.
Labour law
— Code of Good Practice
— Parties bound by pleadings
— procedural and substantive fairness in termination
14 June 2024
Court allowed out-of-time appeal where e-filing system transition and uncontroverted affidavit established sufficient cause.
Civil procedure
— Electronic filing — Judicature and Application of Laws — non-operational electronic filing system periods excluded from computation of time
— extension of time
Evidence — uncontroverted affidavit where respondent files no counter-affidavit
13 June 2024
Secondary evidence of a document is inadmissible without notice to the person holding the original under sections 67 and 68.
Evidence — Evidence act
— copies not admissible in absence of statutory notice
— pleading and notice requirements for admissibility of documents
— Secondary evidence
13 June 2024
Applicant failed to prove respondent personally removed cattle; appeal dismissed for lack of credible, consistent evidence.
Civil procedure — Civil appeal — sufficiency of evidence
— appellate review of trial findings and use of claim forms as part of the record
— burden on balance of probabilities in property recovery claims
— credibility and consistency of pleadings and oral testimony
— pleadings bind parties
12 June 2024
Filing in wrong forum then promptly correcting it can constitute sufficient cause for extension of time to file review.
Civil procedure — extension of time — discretionary remedy
— authorities: Elibariki Asseri Nnko
— Johan Abrahsson
— negligence of counsel and its effect on granting extension
— Omary Shabani Nyambu
— prompt withdrawal and re-filing as showing diligence
— whether pursuit in wrong forum (revision at Court of Appeal) constitutes sufficient cause for extension
11 June 2024
Court adopted consent settlement ordering defendant to pay reconciled TZS 5,229,433,299.74 in 36 instalments.
Civil procedure — Consent judgment — Recording a deed of settlement as court decision
Civil procedure — Recovery of statutory social security contributions and penalties
— Enforcement of settlement and continuing remittance obligations
— Reconciliation of accounts and instalment repayment schedule
Civil procedure — Summary suit — Leave to appear and defend to enable settlement
10 June 2024
Prisoner’s unfamiliarity with e-filing and resultant misfiling amounted to good cause for a 30‑day extension to file appeal.
Civil procedure — Electronic filing — eCase Management System — mistaken/incorrect filing as ground for extension
Criminal procedure — Extension of time to file appeal
10 June 2024
Failure to notify a party of an ex parte judgment date can justify extension of time to apply to set it aside.
Civil procedure — ex-parte proceedings — duty to notify parties of date of judgment
6 June 2024
Court adopts parties’ mediated deed of settlement as consent judgment, ordering defendant to pay TZS 445,945,950 in instalments.
Civil procedure
— Consent judgment — Court adoption and recording of parties’ deed of settlement under Order XXIII, Civil Procedure Code
— Execution — Settlement amount made a judgment debt payable in specified instalments
6 June 2024
Court granted uncontested interim injunction restraining demolition of applicants’ structures pending maturity of the 90-day statutory notice.
Civil procedure — Interim injunction / maintenance of status quo — Court’s power to grant interim orders pending maturity of statutory notice or filing of substantive suit — Grant where application uncontested and applicants show risk of irreparable loss
Land law — Occupation and improvements — Dispute over road reserve designation and demolition notices
4 June 2024
Application for certification struck out where withdrawal order lacked merits and s.47(2) certification did not apply.
Land law — Land appeals
— Applicability only where appeal originates from Ward Tribunal
— Competence of application where underlying matter not decided on merits
— Proper appellate route
— Withdrawal orders lacking reasons do not provide basis for certification
3 June 2024