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Citation
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Judgment date
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| December 2025 |
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An aided petitioner is exempt from furnishing election security for costs; the Legal Aid Act overrides the Elections Act requirement.
Election law — security for costs under Elections Act s.140 — Legal Aid Act s.32 exemption for aided persons — administrative verification of legal aid status — preliminary objection dismissed.
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29 December 2025 |
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Sale void for lack of statutory auction notice; borrower defaulted and remains liable for outstanding loan and charges.
Auction law – Auctioneers Act s.12(2)-(3) – statutory 14‑day public notice and local/intelligible advertisement requirement; invalid sale where conducting auctioneer did not issue required notice or show authority; Loan law – borrower default under Credit Facility, mortgage enforcement, lender entitled to balance after defective sale; valuation discrepancies and effect on enforcement; discretionary refusal to order further enforcement against guarantors.
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19 December 2025 |
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An oral sales agreement was breached by delivery of different fertilizer; special damages unproven, general damages awarded.
Contract law – oral/implied sale agreement; breach for delivery of different/late goods (fertilizer); evidential weight of receipts versus bank records; strict proof required for special damages; awarding of general damages and costs.
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11 December 2025 |
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Extension granted where prior timely appeal caused technical delay and alleged illegality was apparent on the record.
Extension of time – Law of Limitation Act s.14(1) – Technical delay where prior timely appeal prosecuted – Illegality apparent on face of record (improper summons form, name discrepancy, jurisdiction) – Requirement to account for delay (Lyamuya test).
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11 December 2025 |
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Pre-marriage property developed during marriage is matrimonial; indirect domestic contributions can justify a spouse’s share.
Matrimonial property — pre-marriage acquisition developed during marriage — qualifies as matrimonial; contribution to acquisition may be direct or indirect (domestic services) — Law of Marriage Act s114(2)(b); Evidence Act s110; valuation and buy-out or sale options.
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3 December 2025 |
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Court granted extension to file a review application due to an apparent error on the face of the impugned judgment.
Extension of time – Law of Limitation Act s.14(1) – good cause – court’s discretion – error apparent on face of record – review of judgment – delay caused by tribunal’s failure to execute orders.
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3 December 2025 |
| November 2025 |
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Stay of execution granted pending appeal application, conditional on a commitment bond equal to the decretal sum.
Stay of execution – Order XXI r.29 and Order XXXIX r.5(3) CPC – conditions for stay: substantial loss, no unreasonable delay, security – security by commitment bond – immovable property attachment and sale – stay pending application for extension of time to file appeal.
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27 November 2025 |
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Revision application struck out because supporting affidavit failed to show oath/affirmation and was incurably defective.
Criminal procedure — Revision application — Affidavit requirements — Oaths and Statutory Declarations Act — necessity to swear or affirm before deponing — competence and jurisdiction — incurably defective affidavit — striking out proceedings.
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25 November 2025 |
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Failure to prove illness with medical evidence justifies dismissal of application to restore a dismissed appeal.
Civil procedure – restoration of dismissed appeal – requirement to prove sufficient cause for non-appearance – sickness must be properly explained and evidenced. Evidence – documentary proof – failure to attach medical evidence renders sickness claim unproven. Court procedure – sanctity of court record – record presumed accurate; allegations contradicting it must be substantiated. Registry conduct – advice by registry officers does not relieve litigants of procedural evidentiary requirements.
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21 November 2025 |
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A divorce cannot be validly granted without proof of a marriage; the Law of Marriage Act applies to Islamic marriages.
Family law – proof of marriage – section 33(1) Law of Marriage Act – marriage certificate as prima facie evidence (s55(a)). Family law – divorce timing – section 100(1)-(2) Law of Marriage Act – two‑year bar and leave requirement applies to Islamic marriages. Jurisdiction – divorce cannot be granted without proof of valid marriage. Appellate procedure – inadmissibility of introducing crucial evidence first on appeal.
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21 November 2025 |
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Valuation report not read out is expunged; oral evidence proved ownership and malicious damage, conviction restored.
Criminal law – malicious damage to property; admissibility of documents – exhibit admitted but not read out must be expunged; ownership of crops v. ownership of land; burden of proof beyond reasonable doubt; appellate review and misdirection.
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21 November 2025 |
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Applicant granted bail for economic offences subject to EOCCA conditions, quarter-share deposit, sureties, passport surrender and travel restrictions.
* Bail – Economic offences – application under EOCCA ss.29(4) and 36(1) – entitlement to bail and statutory conditions under ss.36(4)–(6). Bail conditions – cash deposit or property equivalent – application of sharing principle where multiple accused exist (Silvester Hilu Dawi principle). Flight risk and severity of sentence – considerations for refusing bail; evidentiary basis for objection and proof of sureties. Procedural – enforcement and execution of bail conditions before the trial court. |
18 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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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 |