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Citation
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Judgment date
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| November 2025 |
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Court granted stay of execution pending extension-application, conditional on a Tzs.585,000,000 commitment bond and status quo.
* Civil Procedure – Stay of execution – Order XXI r.24 and Order XXXIX r.5(3) – conditions: substantial loss, no unreasonable delay, and security. * Security for stay – immovable property – commitment bond equivalent to decretal amount. * Maintenance of status quo pending determination of extension of time to appeal application.
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14 November 2025 |
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A court lacks jurisdiction where the mandatory marriage conciliation certificate is not tendered and admitted as evidence.
Family law – Jurisdiction under s.101 Law of Marriage Act – mandatory Marriage Conciliation Board certificate – requirement to file, tender and admit certificate; Annexures to pleadings are not evidence; Appellate procedure – jurisdictional points may be raised at any stage; Matrimonial property division – issues of existence and contribution not determined due to jurisdictional nullity.
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13 November 2025 |
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Court awards appellant 20% of Njombe house and adjusts shares of other matrimonial houses after finding unrebutted oral contributions and insufficient proof of debts.
Matrimonial property – existence and proof – oral/unrecorded contributions by spouse – balance of probabilities; Matrimonial property division – consideration of informal earnings and domestic/management contributions; Debts and deductions – unexplained salary slip deductions insufficient to prove debt contracted for joint benefit.
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12 November 2025 |
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An appellate court should expunge improperly admitted exhibits and re-evaluate evidence rather than order retrial; matter remitted for fresh judgment.
Civil procedure – appellate remedies for improperly admitted documentary exhibits – expunction and re-evaluation of remaining evidence preferred over retrial; second appeal limits on re-assessment of facts; oral evidence may be relied upon after expunction.
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12 November 2025 |
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Applicants failed to show good cause for extension; prior out-of-time filing precluded relying on technical delay.
Extension of time – discretion and requirement to show good and sufficient cause; technical delay only where underlying application was filed within time and later struck out; requirement to account for each day of delay; unsubstantiated network issues and election participation do not excuse unexplained delay in labour revision applications.
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7 November 2025 |
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Executing court’s ex parte hearing without notice and ignoring applicant’s affidavit violated the applicant’s right to be heard.
Execution proceedings – ex parte hearing – requirement to issue formal notice of ex parte hearing and date of judgment – right to be heard – affidavit to show cause must be considered – revisional jurisdiction under s.89(1)(c) CPC – material irregularity vitiates proceedings.
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7 November 2025 |
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The applicant’s registered Certificate of Occupancy established ownership; the respondents failed to prove fraud and were held trespassers.
Land law — Ownership: Certificate of Occupancy (registered title) is conclusive proof of ownership unless fraud proven; Burden of proof — party asserting title must prove on balance of probabilities (Evidence Act s.117); Hearsay and inconsistent oral testimony have limited evidential value (Evidence Act s.67) ; Trespass — entrants after registration are trespassers; Remedies — declaration of ownership, order to vacate, general damages and costs.
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7 November 2025 |
| October 2025 |
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A divorce petition filed without the Conciliation Board certificate is incompetent and the resulting proceedings are a nullity.
* Family law – Divorce – Section 101 Law of Marriage Act – requirement to refer matrimonial disputes to Conciliation Board and produce Board's certificate before instituting divorce proceedings. * Procedure/evidence – Documents appended to pleadings are not evidence; documentary evidence must be tendered and linked by oral testimony. * Jurisdiction – Lack of required Conciliation Board certificate renders petition incompetent and proceedings a nullity. * Exceptions – Statutory exceptions to referral requirement must be proven to excuse production of certificate.
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24 October 2025 |
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24 October 2025 |
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Extension application struck out because supporting affidavit contained prayers and arguments; leave granted to refile.
Criminal Procedure — extension of time — supporting affidavit must contain facts not prayers or legal arguments (Matovu principle); defective paragraphs may be expunged if inconsequential; where expunging renders application impracticable, strike out with leave to refile.
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21 October 2025 |
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Unproven oral rescission cannot defeat a written sale; subsequent sale void ab initio and appellant remains lawful owner.
* Land law – sale of land – termination/rescission of written sale agreement – necessity of written evidence to vary or rescind written contracts.* Evidence – oral agreement vs written contract – sections 107–108 Evidence Act; burden of proof (s.110 Evidence Act) and adverse inference for failure to produce documents.* Mediation outcomes – distinction between 'advice' and successful mediation; evidential consequence of ambiguous mediation certificate.* Principle nemo dat quod non-habet – purchaser cannot acquire better title than seller possessed.* Admissibility/production of electronic evidence (telephone records) and limits of appellate assistance to fill evidential gaps.
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20 October 2025 |
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17 October 2025 |
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Failure of a successor magistrate to assign reasons for taking over a case deprives them of jurisdiction, nullifying ensuing proceedings.
Administration of justice – transfer of proceedings – successor magistrate must assign reasons for taking over a case; failure to assign reasons deprives successor of jurisdiction and renders ensuing proceedings, judgments and decrees nullities – remedy: nullification and remittal for retrial.
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16 October 2025 |
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13 October 2025 |
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13 October 2025 |
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Court overruled res subjudice objection and granted maintenance of status quo pending revision of execution proceedings.
Civil procedure – res subjudice – section 10 Civil Procedure Code – requirements for applicability; Distinction between stay of execution and maintenance of status quo; Revisional jurisdiction – power to grant maintenance of status quo pending revision; Joinder of executing officer not required when exercising revisional powers on execution orders.
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8 October 2025 |
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The High Court may grant maintenance of status quo pending revision to prevent overtaking even when a related application exists.
* Civil Procedure – res sub judice – section 10 CPC – applicability requires same parties and directly/substantially same issue. * Civil procedure – maintenance of status quo v. stay of execution – distinction and effect. * Revision/inherent powers – High Court may order maintenance of status quo pending revision to prevent overtaking. * Joinder – executing officer (court broker) not always necessary for maintenance of status quo in revisional proceedings.
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8 October 2025 |
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8 October 2025 |
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7 October 2025 |
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2 October 2025 |
| September 2025 |
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30 September 2025 |
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29 September 2025 |
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29 September 2025 |
| August 2025 |
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Court held there was no unlawful departure from pleadings in admitting additional documentary evidence and dismissed the land appeal.
Land law – Civil procedure – Pleadings – Admissibility of additional documentary evidence – Whether admitting a Customary Right of Occupancy not pleaded constitutes departure from pleadings – Application of procedural rules in land disputes.
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28 August 2025 |
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A mother cannot validly allocate the deceased spouse’s jointly owned land without first being appointed an estate administrator.
Succession law – Joint matrimonial property – Allocation of deceased's land – Capacity to distribute estate – Need for letters of administration – Invalidity of allocation made without proper appointment of administrator.
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28 August 2025 |
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25 August 2025 |
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A tribunal's failure to afford the applicant a hearing on an issue it raised suo moto rendered its decision a nullity.
Land law – procedural fairness – right to be heard – tribunal raising preliminary objection suo moto – refusal to afford applicant opportunity to address issue – natural justice – nullification of decision rendered without hearing party.
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25 August 2025 |
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25 August 2025 |
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25 August 2025 |
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21 August 2025 |
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21 August 2025 |
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21 August 2025 |
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21 August 2025 |
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Failure to properly record assessors’ opinions fatally vitiates tribunal proceedings and requires a retrial from the defective stage.
Land law – Land Disputes Courts Act – assessors’ opinions – failure to record assessors’ opinions – effect of procedural irregularity – nullification of tribunal’s proceedings and judgment – remittal for retrial.
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15 August 2025 |
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A court may not hold a non-party or mere contract witness liable for breach under the doctrine of privity of contract.
Civil procedure – revision – contract law – privity of contract – liability of non-party – powers of witness vs. guarantor – irregular ex parte proceedings – court powers of revision.
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13 August 2025 |
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A conviction for statutory rape of a child under ten was upheld, with mandatory life imprisonment affirmed despite alleged evidentiary contradictions.
Criminal law – statutory rape – burden of proof – credibility of child witness – effect of delay in reporting – contradictions in testimony – sentencing – mandatory life imprisonment for victim under ten years – Penal Code ss 130, 131(3).
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12 August 2025 |
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5 August 2025 |
| July 2025 |
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The court struck out a land recovery suit for non-compliance with mandatory notice requirements in government proceedings.
Government Proceedings Act – Compliance with section 6(2) – Service of 90 days’ notice to Solicitor General mandatory.
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31 July 2025 |
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The court dismissed a land ownership claim, affirming the 1st defendant's lawful ownership based on unchallenged tribunal judgment.
Land Law – Ownership dispute over Plot No. 138, Block 'D' in Mbinga Town – Validity of sale – Identity and credibility of claimant.
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23 July 2025 |
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Plaintiff's claim of land ownership dismissed due to lack of proof, defendants found lawful occupants through village government allocation.
Land law – ownership – disputed land – plaintiff's claim of ownership from inheritance – defendants' claim of land allocation by government during operation vijiji.
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23 July 2025 |
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The court upheld the conviction for unlawful possession of government trophy, affirming correct legal procedure and evidence handling.
Criminal Law – wildlife conservation – unlawful possession of government trophy – identification of evidence – chain of custody – procedural fairness.
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22 July 2025 |
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Appeal partly allowed; conviction for armed robbery set aside, conviction for grievous harm upheld with five-year sentence.
Criminal law – Armed robbery – Causing grievous harm – Evidence evaluation – Sentencing – Common intention.
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22 July 2025 |
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18 July 2025 |
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18 July 2025 |
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17 July 2025 |
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Court approves adoption of child, emphasizing the child's best interest and compliance with legal requirements.
Child Adoption – determination of best interest of the child – compliance with legal procedures for adoption
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16 July 2025 |
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The applicants received a 14-day extension to file a revision application due to technical and electoral-related delays.
Labor Law – Extension of time – Grounds for delay – Technical delay – Electoral participation.
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14 July 2025 |
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14 July 2025 |
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Court upheld the legality of fines and livestock confiscation under by-laws for grazing in restricted areas.
Environmental Management Act - by-laws - legal validity of fines - livestock grazing - lease agreement compliance
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11 July 2025 |
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10 July 2025 |