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Citation
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Judgment date
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| March 2026 |
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Criminal trespass and crop-destruction charges cannot be sustained while ownership of the land is disputed; civil determination required first.
Criminal law – Criminal trespass and malicious damage to property – Jurisdiction – Disputed land ownership must be resolved in civil proceedings before criminal liability is determined – Appeals – Quashing of conviction for lack of jurisdiction.
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5 March 2026 |
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3 March 2026 |
| February 2026 |
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Revision dismissed: applicant was a casual worker; electronic exhibits expunged but termination deemed fair.
Labour law — Casual employment v. fixed-term employment — Admissibility of electronic evidence — Foundational proof required for printouts and emails — Procedural compliance in CMA document listing — Revision of CMA award.
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26 February 2026 |
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An appeal filed after the statutory 30-day period via eCMS without seeking extension is time-barred and dismissed.
Civil procedure — Appeals — Time limit for filing appeals under s.25(1) MCA — Effect of District Court endorsement — Electronic filing via eCMS governed by Rule 21(1) Electronic Filing Rules — Requirement to seek extension of time under Rule 10 Criminal Appeals Rules where appeal filed late.
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25 February 2026 |
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Attempted murder established factually, but accused acquitted due to unreliable visual identification and contradictory eyewitness evidence.
Criminal law – Attempted murder (ss. 211, 380 Penal Code) – Elements of attempt – Visual identification – Reliability of eyewitnesses at night – Waziri Amani principles – contradictions in testimony – burden to eliminate mistaken identity
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25 February 2026 |
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Applicant failed to prove 'sufficient cause' to restore a dismissed appeal; inadequate documentary and medical evidence.
Civil procedure – readmission of dismissed appeal – Order XXXIX Rule 19 CPC – sufficient cause – burden of proof – affidavit evidence – insufficiency of movement permit and absence of medical records – submissions not evidence without counter-affidavit.
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24 February 2026 |
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Accused convicted of grievous harm based on reliable visual ID and medical evidence but acquitted of attempted murder; sentenced ten years.
Criminal law – acts intended to cause grievous harm (s.222) – visual identification and recognition reliability – medical (PF3) evidence corroboration – attempted murder (ss.211, 380) requires proof of intent and overt acts – sentencing and compensation.
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24 February 2026 |
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Prisoner’s custody and lack of access to legal assistance can justify extension of time to file an appeal.
Criminal procedure — Enlargement of time under s.382(2) CPA — "Good cause" — Prisoners' lack of legal assistance and inability to follow up proceedings — Discretionary relief.
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20 February 2026 |
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20 February 2026 |
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Applicant's appeal dismissed: prosecution proved child's rape by medical and eyewitness recognition evidence.
Criminal law – Rape of a child – proof beyond reasonable doubt – age proved by parent – medical evidence of injury and penetration – recognition (flagrante delicto) identification – corroboration and medical examination of accused not always required.
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19 February 2026 |
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19 February 2026 |
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Conviction based on an equivocal plea and defective charge quashed; sentence set aside and appellant released.
Criminal procedure — Plea-taking requirements — Equivocal/imperfect plea — Necessity of clear charge and admission of ingredients (sections 135, 136, 245, 251 CPA) — Conviction quashed where plea/charge defective — Remittal inappropriate without proper charge on record.
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19 February 2026 |
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An apparent illegality on the face of a dismissal letter can justify a 14‑day extension to seek leave for judicial review.
Extension of time – Section 14(1) Limitation Act – leave to apply for judicial review – alleged illegality apparent on the face of record – accounting for delay – unrepresented/applicant relying on legal aid.
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18 February 2026 |
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Extension of time denied where applicant failed to account for delay and alleged irregularities were factual, not legal, issues.
Civil procedure – extension of time – sufficient cause – applicant must account for delay; allegations of non-service or denial of hearing are factual issues, not automatic points of law; financial hardship is not good cause.
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10 February 2026 |
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High‑level manslaughter: unreasonable self‑defence and early guilty plea reduced sentence to seven years' imprisonment.
Criminal law – Manslaughter – High‑level manslaughter where a dangerous weapon causes fatal injury – Self‑defence assessed for reasonableness (s.18B Penal Code) – Sentencing discretion under s.198 Penal Code and Tanzania Sentencing Guidelines 2023 – One‑third reduction for early guilty plea – Flight to evade justice as aggravating factor.
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6 February 2026 |
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Applicant charged with attempted murder granted bail pending trial, subject to strict surety and reporting conditions.
Criminal procedure – Bail – Bailable offence (attempted murder) – Presumption of innocence – Conditions for bail: surrender of travel documents, reporting, travel restriction, monetary bond, sureties – s.148 Criminal Procedure Act – Articles 13(6)(b) & 15(1) Constitution
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5 February 2026 |
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Defective DPP consent and transfer certificate deprived the trial court of jurisdiction; convictions quashed and appellant discharged.
Criminal procedure — Consent to prosecute and transfer certificate — Jurisdictional requirement for economic offences — Defective consent renders proceedings nullity — Conviction and sentence quashed under s.387(1)(a)(i) Criminal Proceedings Act.
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5 February 2026 |
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Proceedings and CMA award set aside where a pending jurisdictional preliminary objection was left undetermined.
Labour law — Jurisdiction of CMA — Preliminary objection on jurisdiction must be determined before substantive hearing — Failure to decide PO vitiates proceedings and award — Remittal for rehearing.
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4 February 2026 |
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Failure to refer an insurance dispute to the Ombudsman renders the suit premature and ousts the trial court's jurisdiction.
Insurance law – Insurance Ombudsman – Failure to refer an insurance dispute to the Ombudsman renders suit premature – Jurisdiction – Prematurity – Striking out vs dismissal – Limitation (tort claims) – Law of Limitation Cap 89 R.E.2022.
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3 February 2026 |
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Court exercised sentencing discretion in manslaughter, applying guideline categorisation, guilty-plea reduction and remand credit to impose 14 months.
Criminal law – Manslaughter – sentencing discretion – life imprisonment a maximum not mandatory – Tanzania Sentencing Guidelines 2023 – medium-level manslaughter – guilty-plea reduction (one-third) – mitigation for dependants – remand credit – domestic violence as aggravation.
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2 February 2026 |
| January 2026 |
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Court granted leave for judicial review holding an arguable denial of the right to be heard in disciplinary dismissal.
Administrative law — Judicial review — Leave to apply — Emma Bayo criteria (arguable case, six‑month limit, sufficient interest) — Procedural fairness/natural justice — Right to be heard and cross‑examination — Role of record at leave stage — Exhaustion of administrative remedies.
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30 January 2026 |
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Conviction for stealing by agent set aside where prosecution failed to prove ownership and intent; dispute is civil, animals returned.
Criminal law – Stealing by agent – Requirement to prove ownership and intention to permanently deprive – Distinction between criminal theft and civil dispute over entrusted property – Failure to prove essential ingredients results in nullification of criminal proceedings; property restitution ordered.
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30 January 2026 |
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Conviction quashed due to material variance between charge particulars and trial evidence and failure to amend the charge.
Criminal law – variance between charge and evidence – place and time discrepancies – failure to amend charge – particulars of offence under ss 135 and 138 CPA – prosecution must prove charge beyond reasonable doubt – variance fatal to conviction.
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29 January 2026 |
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Second appellate court upheld conviction, finding victim identification and PF3 corroboration sufficient despite absent witnesses.
Criminal evidence — Adverse inference for non‑production of witnesses — Victim identification and corroboration by PF3 — Evidential sufficiency and standards for interference on second appeal.
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29 January 2026 |
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Whether ministerial CSR regulations reallocating host communities' mining funds were ultra vires and enacted without proper consultation.
Mining law – Corporate Social Responsibility regulations – Validity of subsidiary legislation – Ultra vires and inconsistency with parent Act – Duty to consult host communities – Natural justice – Judicial review (certiorari and prohibition).
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28 January 2026 |
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Court granted limited Mareva injunction to preserve demolished materials and prevent further development pending expiry of statutory notice.
Land — Mareva (preservative) injunction pending statutory notice to sue — requirement of prima facie case, irreparable harm and balance of convenience — preservation of demolished materials and prevention of further development pending expiration of 90‑day notice.
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27 January 2026 |
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Whether dowry alone proves customary marriage and how property acquired during presumed marriage should be divided.
Family law – customary marriage – dowry payment alone insufficient to prove customary marriage without solemnisation and registration; presumption of marriage from cohabitation; matrimonial property – property bought for child not matrimonial property; non-monetary contributions count toward division of household items.
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27 January 2026 |
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Court overruled objection, finding the 90‑day notice to the Attorney General validly served and the suit maintainable.
Government Proceedings Act s6(2) – notice of intention to sue – service to Attorney General – validity of service addressed to RAS building – preliminary objection as point of law (Mukisa Biscuit principle) – special delivery/EMS evidence of service.
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27 January 2026 |
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Appeal allowed because an unamended variance in the offence date left the rape charge unproven beyond reasonable doubt.
Criminal law – Rape of a child – Proof beyond reasonable doubt – Variance between charged date and evidence – Unamended charge under section 234(1) CPA – Variance/uncertainty renders charge unproven – Acquittal/release.
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26 January 2026 |