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2,117 judgments found.
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May 2026
Second appeal allowed where probate grant founded on fraudulent documents and procedural irregularities; lower decisions quashed.
Probate law — Administration of estates — Allegation of fraud/forgery in procurement of letters of administration — Expungement and invalidation of grant
Jurisdiction — Primary Court jurisdiction — Whether Primary Court has jurisdiction where deceased predominantly followed customary mode of life — Magistrates' Courts Act s 18(1)(a)(i)
Civil procedure — Doctrine of functus officio — Fraud allegations and proper remedy (appeal/revision) — Court may revisit decision obtained by fraud
8 May 2026
The applicants challenged execution of a Ward Tribunal mediation; the execution was void ab initio.
Land law — Jurisdiction of Ward Tribunal — amendment limiting Ward Tribunals to mediation and requiring certification — No power to make binding executable decisions after failed mediation
Civil procedure — Execution — execution in absence of judgment null and void — Execution based on non-existent order is nullity ab initio
Jurisdiction — Defective jurisdiction — proceedings and decisions made without jurisdiction are null and void
8 May 2026
Proceedings without a marriage conciliation board certificate are void; courts lacked jurisdiction and judgments were quashed.
Family law — Matrimonial proceedings — Requirement of Marriage Conciliation Board certificate under section 101 Law of Marriage Act — Jurisdictional consequences of non-tendering
6 May 2026
April 2026
Interim injunction granted to restrain disposition of estate land pending trial of alleged professional negligence.
Civil procedure — Interim injunction — Application of Atilio v Mbowe test (prima facie case, irreparable harm, balance of convenience)
Land law — disposition of land — Definition includes transfer and affects timing of protection for bona fide purchasers
24 April 2026
Appeal readmitted where election-related network outages and a substantive party-name mismatch justified non-compliance.
Civil procedure
— Electronic filing — Duty to seek relief from Registrar but relief may be granted where disruption is manifest and non-negligent conduct shown
— Irregularity in party names — Mismatch in identity between tribunal decree and appeal record — Substantial defect affecting validity of decree and execution
— Re-admission of appeal dismissed for want of prosecution — Sufficiency of cause where electronic filing failed due to election-related network outages and transport disruptions
24 April 2026
Whether the applicant may obtain a presumption of death to commence probate following prolonged unexplained absence and diligent searches.
Civil procedure — Probate and administration — Declaration of presumed death as prerequisite to commencing estate administration
Evidence
— Presumption of death — Prolonged unexplained absence and diligent, bona fide search
— Rebuttable legal inference — Presumption based on probability, corroboration, and exclusion of reasonable doubt
24 April 2026
Court granted interim injunction restraining respondent from leasing disputed land pending resolution of the main land application.
Civil procedure — Interim injunctions — Preservation of status quo pending determination — Preventing irreparable harm and nugatory proceedings — Parallel proceedings do not automatically bar interim relief
20 April 2026
Joinder of the Attorney General was proper; respondent non-parties cannot be charged with civil contempt under Order XXXVII.
Civil procedure — Contempt of court
— interlocutory order appealability and limitation
— limits of Order XXXVII Rule 2(2) against non-parties
Civil procedure — Government Proceedings Act s6A and AG Act — sufficiency of notice to Deputy AG
Civil procedure — Joinder of Attorney General
17 April 2026
Applicant's appeal restored under Order XXXIX rule 19 after showing sufficient cause for non-appearance; no costs ordered.
Civil procedure — Civil procedure code
17 April 2026
An appellate court’s failure to decide all grounds of appeal violates the right to be heard and nullifies its judgment.
Family law
— Appeals — Determination of grounds of appeal — Whether failure by first appellate court to decide all grounds denies the right to be heard
— Matrimonial property — Jurisdiction and procedure
17 April 2026
Failure to determine the applicant's preliminary objection in execution proceedings vitiated the respondent's stay of execution.
Civil procedure — Execution proceedings — Preliminary objection — Stay of execution — Revision
13 April 2026
Appellate court may grant stay pending appeal where execution would cause irreparable harm and render appeal nugatory.
Civil procedure — Civil procedure code, order XXXIX r.5 — stay of execution pending appeal
Civil procedure — Land Disputes Courts Regulations GN No.174 r.25(1)
— appellate court jurisdiction once appeal filed
— DLHT power to stay
— factors for stay: arguable appeal, irreparable harm, balance of convenience
10 April 2026
Trial court erred in dismissing corruption charges suo motu for non‑exhaustion absent evidence of administrative proceedings.
Criminal law — Corruption — Requirement to exhaust administrative remedies under s.4(3) Criminal Procedure Act
Criminal procedure — Jurisdiction — Sua motu dismissal and reliance on facts from separate proceedings — Fair trial and premature termination
10 April 2026
Oral admission and testimony established outstanding debt; burden shifted to appellant, appeal dismissed with costs.
Evidence — Civil evidence — burden of proof
— evidential burden shifted to defendant
— oral admission of indebtedness admissible
— plaintiff discharged initial burden by oral evidence
— unadmitted document not relied on where witness spoke to its contents
10 April 2026
Statutory rape conviction quashed for failure to prove identity; DNA evidence would have assisted.
Criminal law — Statutory rape — Proof of age, penetration and identity — Evaluation of contradictory witness accounts and role of DNA evidence
10 April 2026
March 2026
Failure to file court-ordered written submissions constitutes failure to prosecute and warrants dismissal for want of prosecution.
Civil procedure — court-ordered written submissions
— costs awarded
— dismissal for want of prosecution
27 March 2026
A District Court cannot suo motu pre‑empt a reserved preliminary objection absent manifest injustice or jurisdictional error.
Civil procedure
— Civil revision — review of District Court's revision of Primary Court judgment — Whether district court may suo motu quash lower court proceedings pending decision on a reserved preliminary objection
— Judicial discretion — Exercise of revisional powers must be judicial, based on manifest injustice, jurisdictional error, or apparent irregularity
— preliminary objection — When raised, preliminary objections must be determined before merits — Effect of a reserved ruling on further intervention by supervisory court
27 March 2026
Whether polygamy and customary practices displace Christian personal law for probate jurisdiction.
Probate jurisdiction; personal law determination; Christianity versus customary law; polygamy as indicium of reversion to pagan mode of life; evaluation of documentary and attendance evidence; restraint on disturbing concurrent findings on second appeal.
27 March 2026
A mechanical breakdown causing a brief delay can constitute sufficient cause to set aside dismissal and readmit a suit.
Civil procedure — Setting aside dismissal for non-appearance — Sufficient cause required — Order IX r.9
Constitutional law — right to fair hearing (Article 13(6)(a)) — Readmission where dismissal prevents determination on merits — Article 13(6)(a)
20 March 2026
Certificate granted for date-variance and Evidence Act misapplication; sale-order complaint dismissed as factual.
Appellate practice
— Appellate jurisdiction — certificate on point of law
— Order XX Rule 7 — decree dating
— Primary Courts — applicability of Evidence Act vs GN No. 22 of 1964
— sale of matrimonial property — factual
16 March 2026
Absence of Ward Tribunal mediation certificate and unrecorded assessors' opinions rendered District Tribunal proceedings null and void.
Civil procedure
— Assessors’ opinions
— Regulation 19(1)-(2)
Land disputes — Jurisdiction of District Land and Housing Tribunal — mandatory ward-tribunal certificate of failed mediation
13 March 2026
Unsupported oral illness claim and failure to account for delay led to dismissal of extension of time application.
Civil procedure — extension of time under s.14(1) Law of Limitation
— Duty to account for all days and to act with diligence — Withdrawals and struck‑out appeal negate sufficient cause
— Illness as ground — Must be pleaded and supported by medical evidence
— Requirement to show sufficient cause
10 March 2026
Appeal dismissed: prosecution proved wildlife offences; absence of caution statement and clerical error were immaterial.
Criminal procedure — Cautioned statement — Not tendered — Prosecution not compelled to tender caution statement
Evidence — presumption of accuracy of court records — Presumption that record of evidence was properly recorded — Clerical slip in judgment held harmless where record and evidence consistent
Wildlife offences — Wildlife/national parks offences — Proof of offences and identification of government trophies — Identification, valuation and chain of custody of wildlife trophies
10 March 2026
Appellant failed to rebut signed loading notes; fresh evidence on appeal refused for lack of justification.
Appellate practice — Fresh evidence — Admission of additional evidence on appeal: requirements of reasonable diligence, probable influence on outcome and apparent credibility — Magistrates' Courts Act s 21(1)(a)
Civil procedure — Pleadings — Name discrepancies — Relevance of filed Form No. 2
Evidence — Documentary evidence — Documentary evidence (receipts) — Establishing indebtedness on the balance of probabilities
6 March 2026
Primary Courts may admit electronic evidence; respondent proved payments, appeal dismissed and refund increased to TZS 4,571,500.
Civil procedure
— Appeal on facts — appellate court will not disturb primary court’s factual findings supported by evidence — Second appeal limited to perverse or demonstrably wrong findings
— Res judicata — prior criminal proceeding cannot operate as res judicata in subsequent civil dispute — Criminal prosecution does not bar subsequent civil claim where cause of action and issues differ
Evidence — Electronic evidence — jurisdiction of primary courts to receive electronic evidence — Mobile money records admissible as documentary evidence
6 March 2026
Convicting under repealed statutory provisions renders the judgment a nullity and requires remittal for a fresh judgment.
Criminal law — conviction and sentence — Requirement to specify offence and penal section — Use of repealed statute renders conviction improper
Criminal procedure — remittal for fresh judgment — Quashing and remitting for fresh judgment
6 March 2026
A tribunal's failure to make findings on each framed issue renders its judgment illegal and warrants quashing and remittal.
Civil procedure — Irregular judgment — Requirement to make specific findings on each framed issue — Land Disputes Courts Reg. 20
Land law — Proof of ownership — Sale agreement and long occupation as proof of ownership — Admissibility of exhibits and effect of absent material witnesses
6 March 2026
February 2026
Appeal struck out because notice of intention to appeal was late and the petition was undated, depriving the court of jurisdiction.
Criminal procedure — Appeal from subordinate court — Compliance with time limits for notice and petition of appeal — Undated petition
27 February 2026
Appeal allowed: prosecution failed to prove statutory rape beyond reasonable doubt due to age, identification, delays, and missing witnesses.
Criminal law — Burden of proof beyond reasonable doubt
Criminal law — sexual offences
— penetration evidence
— proof of victim's age essential
— visual identification
27 February 2026
The appellant's appeal against conviction for unlawful possession of government trophy failed; evidence and exhibits proved guilt.
Criminal procedure — interpreter — Right to interpreter: objection not raised at trial cannot be raised on appeal
Evidence — chain of custody — admissibility where tendered without objection — Caution statement: non-production not fatal if case otherwise proved
Wildlife offences — Unlawful possession of government trophies — proof beyond reasonable doubt — Wildlife Conservation Act ss.86,100
20 February 2026
Appeal dismissed; sale agreement was part of record and unstamped instrument did not invalidate the tribunal's decision.
Land disputes — Land dispute — admissibility of sale agreement — exhibit forming part of record
2 February 2026
January 2026
Extension granted where court-attributable administrative delay and applicant demonstrated diligence.
Civil procedure
— Appeal — Accounting for each day of delay — Application of Tanga Cement and Lyamuya principles
— Extension of time to appeal — sufficient cause shown where delay attributable to court’s administrative errors and applicants’ diligent follow-up — Land Disputes Courts Act s41(1)
30 January 2026
PPAA's dismissal without hearing breached natural justice; decision quashed and remitted for merits hearing.
Administrative law — Judicial review — certiorari for breach of natural justice
Administrative law — Public Procurement Act — time runs from actual knowledge
Administrative law — remedial relief
— mandamus unnecessary
— quash and remit
26 January 2026
Whether a prima facie trafficking case existed given constructive possession and a witness discharged by nolle prosequi.
Criminal law
— Prima facie case — Whether a prima facie case was established at close of the prosecution requiring accused to enter defence
— possession of narcotic drugs — constructive possession — Vehicle control and circumstantial proof
Evidence — Withdrawal of prosecution witness and acquittal — Effect on accomplice status and need for corroboration
19 January 2026
Material contradictions in arrest evidence defeated proof beyond reasonable doubt, leading to quashing of wildlife-offence convictions.
Wildlife offences — unlawful entry, possession of weapons and government trophy — material contradictions in prosecution witnesses’ accounts (time of arrest) — benefit of doubt
— conviction quashed
— forfeiture of unclaimed motorcycle upheld
19 January 2026
Appellants' convictions for unlawful possession of weapons and zebra trophy upheld; lack of cautioned statements or physical trophy did not vitiate evidence.
Criminal law — Unlawful possession of weapons and government trophies in National Park — Identification, valuation and proof of possession
Criminal procedure — Evidence — Hearsay and identification — Arresting officers’ testimony and expert identification as first‑hand evidence
Evidence — disposal/inventory of perishable exhibits — Section 101 Wildlife Conservation Act — Inventory/disposal form as sufficient proof
19 January 2026
Contradictions in reporting and medical records, and absence of a material witness, defeated proof of incest beyond reasonable doubt.
Criminal law — Incest by males — proof of penetration — Contradictions in witnesses, PF3 and failure to call material witness
9 January 2026
December 2025
Applicant restored after proving sufficient cause for non‑attendance at mediation despite affidavit and registry defects.
Civil procedure
— Registry errors — Titling error curable under overriding objective (s.4 CPC)
— Restoration of dismissed suit — sufficient cause for non-appearance — Order VIII Rule 30 CPC
Evidence — affidavits — hearsay — Expungement of offending paragraphs
16 December 2025
Withdrawal of a suit while a pending preliminary objection remains undetermined justified extension of time to file a revision.
Civil procedure
— Compliance with court orders — Compliance with superior court directive for retrial de novo
— extension of time — illegality in trial proceedings as sufficient cause to extend time — Withdrawal of suit while preliminary objection pending
— Right to be heard — Service of summons — Requirement to summon parties before disposive steps
12 December 2025
Acquittal where post‑mortem proved homicide but visual identification and identification parade were unreliable and insufficient.
Criminal law — Murder — Post‑mortem evidence confirming death by sharp‑force injuries — Visual identification — Identification parade procedures and evidential value — Burden of proof beyond reasonable doubt — Unsafe identification leads to acquittal
12 December 2025
Accused convicted of murder: eyewitnesses, post‑mortem and cautioned statement proved malice aforethought.
Criminal law — Murder
— Cautioned/confession statement admissibility
— Eyewitness identification
— malice aforethought
— Post‑mortem evidence
— Provocation and self‑defence rejected
— Sharp‑force injuries
12 December 2025
The appellants failed to prove ownership; court held the land formed part of the deceased’s estate and invitee status barred title.
Land law — Occupation by invitee/licencee
— Appellate re-evaluation of facts
— invitee cannot acquire title by long occupation
Land law — ownership dispute — evidence of purchase and allocation under Operation Vijiji
10 December 2025
Failure to record witness evidence in narrative form under s226(1)(b) CPA vitiated the trial and required retrial de novo.
Criminal law — Evidence — recording and signing of witnesses' testimony — Requirement of narrative recording under s 226(1)(b) CPA, departure vitiates trial
Criminal procedure
— Procedural irregularity vitiating trial — Bullet‑point recording of testimony — Fundamental irregularity warrants expungement of evidence
— Retrial (trial de novo) — ordered where original trial illegal or defective — Retrial de novo and remittal, conviction and sentence quashed
5 December 2025
Applicant’s medical evidence predated judgment and failed to justify a 19‑month delay; extension denied with costs.
Civil procedure — extension of time
— Sickness as sufficient cause for delay — Proof, timing and credibility of medical evidence
— Sufficient cause and accounting for each day of delay
2 December 2025
November 2025
Appeal dismissed where material variance between charge and evidence rendered prosecution case defective.
Criminal law — Burden of proof beyond reasonable doubt
Criminal law — material variance between charge particulars and evidence
— fatal to prosecution case
— injunction disobedience charge invalidated by variance
— second appellate court will not entertain issues not raised on first appeal
28 November 2025
Appeal dismissed as time‑barred for failure to seek extension of the 45‑day appeal period.
Land law — appeals from District Land and Housing Tribunal — Limitation — striking out of earlier appeal does not revive or extend statutory time — consequence: dismissal if no extension sought
28 November 2025
Late filing of court-ordered written submissions resulted in dismissal of the land appeal for want of prosecution.
Land law — assessors' opinions
— locus standi and proof of ownership (not decided)
— record-keeping
Land law — Land appeal — Non-compliance tantamount to non-appearance — Dismissal for want of prosecution
28 November 2025
Applicant failed to show sufficient cause to re-admit an appeal dismissed for want of prosecution; application dismissed with costs.
Civil procedure — Restoration of appeal dismissed for want of prosecution
28 November 2025
Respondents disobeyed orders to produce the applicant and file affidavits; court found breach but declined contempt proceedings.
Civil procedure — Contempt of court — Disobedience of orders to file affidavits and produce detainee — Proof requires terms, knowledge and failure to comply
Criminal procedure — Habeas corpus — Application rendered overtaken by events where DPP had preferred charges and the applicant was arraigned
25 November 2025
DLHT judgment quashed for failing to decide all framed issues; matter remitted for a fresh, complete judgment.
Land disputes — Tribunal duties — Framing of issues — Regulation 20 DLHT Regulations — Judgment quashed and remitted for fresh composition
21 November 2025