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82 judgments found.
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December 2020
Duplicitous charges joining distinct offences (import, distribute, sell) are incurable and justify upholding acquittals.
Civil procedure — Procedural law — A duplicitous charge is incurable and vitiates prosecution on that count
Criminal law — Charges — Duplicity
— Importing, distributing and selling are distinct offences
— joining them in one count is duplicitous and fatally defective
Criminal law — Seeds act offences — correctness of charge drafting and effect of duplicity on conviction
31 December 2020
Probate court has exclusive jurisdiction over estate property ownership; wrong case registration denied respondent a hearing.
Civil procedure
— Res judicata — Whether a subsequent application is barred where the same matter and cause was conclusively determined in an earlier suit
— Right to be heard — Service of summons and right to be heard
Probate law — scope of probate court's jurisdiction — Determination of ownership of estate property — Probate court exclusivity per Mgeni Seifu
28 December 2020
Extension of time to appeal refused for failure to show sufficient cause; delay in supply of copies not excusing where matter originated in Primary Court.
Civil procedure
— Delay in supply of certified copies by District Court — not automatically sufficient ground for extension when origin is Primary Court
— Extension of time to file appeal
— Magistrates' Courts Act s.25(3) — no requirement to annex decision where matter originates from Primary Court
28 December 2020
Appeal struck out as filed out of time; delayed registry processing and incorrect filing venue noted.
Civil procedure
— Appeals — Time limits for filing an appeal — An appeal filed out of time without leave is incompetent and liable to be struck out
— Filing of appeals — Proper registry for appeals originating from Primary Court — Petition to be presented at District Court
— Deputy Registrar’s order — Requirement for additional documents — Section 25 of the Magistrates' Courts Act
14 December 2020
November 2020
Appeal dismissed: tribunal properly considered assessors and evidence; seller lacked title, respondents' ownership established.
Land law — Ownership dispute — Proof of title — Effect of seller lacking title on validity of sale
Civil procedure
— Assessors’ opinions — Tribunal may depart from assessors with reasons — Land Disputes Courts Act s 24
— Right to call witnesses — Court not obliged to summon witnesses absent application — Order XVI r 1, Civil Procedure Code
27 November 2020
Applicant granted bail under EOCCA with mandatory half-value cash deposit, surety bond, travel surrender and movement restrictions.
Criminal law
— Bail conditions — surety, surrender of travel documents, restriction of movement and verification of bond documents
— Discretionary grant of bail — balancing right to bail and statutory safeguards to secure attendance
Criminal procedure — Bail — offender charged in economic crime where property value exceeds Tshs.10,000,000 — mandatory requirement of cash deposit equal to half the property value and bond for the remainder
26 November 2020
Where ownership of land is disputed between the parties, criminal trespass prosecutions must await civil determination of title.
Criminal law
— Appeal — appellate court erred in ordering retrial and misapplied constitutional Article 13
— Criminal trespass — where parties assert competing ownership, criminal courts should not determine title — matter for civil courts
— Jurisdiction — primary/criminal courts
25 November 2020
Extension of time granted where court's clerical/date inconsistency caused timely appeal to be struck out; 16-day delay excused.
Civil procedure
— Delay — not inordinate, particularly for a lay litigant
— extension of time
24 November 2020
A 16‑day delay caused by court document defects justified a 30‑day extension to file the appeal under s.14(1).
Civil procedure
— Procedural irregularity — inconsistent dates in judgment and extracted order
— Relief — extension of time granted, no order as to costs
24 November 2020
Delay in receiving the trial court’s judgment amounted to sufficient cause to extend time for filing appeal documents.
Criminal procedure — Extension of time — Delay in receipt of copy of judgment and prison authority actions can constitute sufficient cause — Application supported by affidavits and not opposed by the State
19 November 2020
Guilty plea was unequivocal; conviction upheld but sentence reduced on mitigation to four months' imprisonment.
Criminal law
— guilty plea — unequivocal plea and admission of facts sustains conviction
— sentencing — Mitigation — first offender, single parent and time already served justify reduction of lawful sentence
Criminal procedure — appeal after guilty plea
— appeal against conviction limited under section 360(1) CPC
— appellate review may be on sentence
18 November 2020
Failure to read admitted documentary exhibits aloud vitiated convictions and warranted quashing and retrial.
Criminal procedure — Documentary exhibits — requirement that admitted documents be read aloud in court — convictions based solely on such exhibits quashed — retrial ordered in interests of justice
18 November 2020
Acquittal where prosecution failed to prove cattle identification required to invoke recent possession doctrine in murder charge.
Civil procedure — Procedure
Criminal law — Murder — reliance on doctrine of recent possession to link accused to a killing
Evidence
— Burden of proof
— Identification of stolen property
18 November 2020
Alleged police torture and delayed recording rendered retracted extra‑judicial confessions unreliable, requiring corroboration for conviction.
Criminal law
— Alleged coercion by police — Allegations of torture, visible injuries and delay — Effect on voluntariness of confessions
— Evidence — Cautioned statement — Retraction and requirement for corroboration
Criminal procedure — extra‑judicial statements before Justices of the Peace — Evidentiary significance of noted marks and compliance with guidelines
18 November 2020
Loss and later retrieval of appeal documents found sufficient to justify extension of time under s.361(2).
Criminal procedure — Extension of time — Sufficient cause — Loss and retrieval of appeal documents — s.361(2) Criminal Procedure Act
Evidence — affidavits — Certified prison affidavits — Weight of unopposed affidavits
17 November 2020
Unlawful detention of the applicant’s vehicle resulted in award of specific and general damages with interest and costs.
Administrative law
— Civil damages — court may apply reasonable assumptions when proof lacking
— Government proceedings act — notice requirement satisfied
— Non-joinder — executive agency not always a necessary party where suit is against Ministry
— unlawful detention of vehicle by government agency (TANROAD) — prior criminal appeal quashing detention
16 November 2020
No prima facie case where prosecution relied on inconsistent, uncorroborated dying statements.
Criminal law — Prima facie case — Admissibility and weight of dying declarations — inconsistencies and requirement of corroboration
13 November 2020
Court granted extension to file appeal due to delayed judgment copy and prison transfers.
Criminal procedure
— delay due to late delivery of judgment copy and prison transfers
— exercise of judicial discretion to grant specified filing periods
— Extension of time
— supporting affidavit and unopposed application
12 November 2020
Delay in filing appeal due to late judgment copy and prison transfers constituted good cause; extension granted with specified time limits.
Civil procedure — exercise of judicial discretion — grant of extension where respondent does not oppose and supporting affidavit corroborates applicant's reasons
Criminal procedure — Extension of time — Requirement of explanation or material to justify extension — Delay caused by late delivery of judgment copy and prison transfers can constitute good cause
12 November 2020
Appeal allowed: respondent failed to prove contribution to farm; division of farm was wrongly ordered.
Family law — Matrimonial property — concubinage
— applicability of s.114 Law of Marriage Act
— division of jointly acquired property
Family law — substantial justice as basis for equitable division.* Proof of contribution — issues not raised at first appeal stage generally not entertained later
10 November 2020
Delay caused by late judgment copy and prison transfers constituted good cause for extension of time to appeal.
Criminal procedure
— delays in supply of judgment copies and prison transfers as cause
— Exercise of judicial discretion
— Extension of time
— sufficiency of reasons for delay
— weight of respondent’s non‑opposition and corroborating prison affidavit
6 November 2020
Leave to appeal granted where appeal raises arguable jurisdictional and procedural questions under the Advocates Remuneration Order.
Appellate practice
— Advocates Remuneration Order (GN No. 264 of 2015) — jurisdiction and procedure for challenging taxation of costs (reference by chamber summons and affidavit)
— Appellate procedure — Leave to appeal — leave granted where intended appeal raises arguable legal points or issues of general importance
— Civil Procedure Code — improper application where Advocates Remuneration
— Delay and abuse of process — respondent's objections noted but outweighed by arguable legal issues
5 November 2020
A criminal court cannot determine competing land ownership claims; title must be decided in a civil suit.
Civil procedure — Civil v. criminal jurisdiction — charge of trespass cannot succeed where ownership is undetermined. Precedent: Sylivery Nkangaa v. Raphael Alberto (1992) TLR 110 applied
Criminal law — Trespass — determination of land ownership — criminal courts not proper forum to decide title
4 November 2020
Procedural irregularities in tendering and reading exhibits breached fair trial, leading to quashing of conviction and release.
Civil procedure — remedy
— quashing of proceedings and order of release
— retrial may be refused if not in interests of justice
Criminal procedure
— admissibility of documentary exhibits
— clearance, admission and reading out of documents
Human rights — Fair trial standards — procedural irregularities that undermine the accused’s ability to understand and challenge evidence go to the root of a fair trial
4 November 2020
Rape conviction quashed where medical findings and an uncorroborated village confession rendered the prosecution's case unsafe.
Criminal law — Evidence — Oral confession to village authorities (Sungusungu/VEO)
— Conviction unsafe where confession uncorroborated and medical/witness evidence unreliable
— voluntariness, allegations of threats/torture and requirement for corroboration
Criminal law — Rape — Identification evidence and medical examination
3 November 2020
October 2020
Appellant’s conviction for unnatural offence upheld: credible victim testimony and medical evidence proved the offence beyond reasonable doubt.
Civil procedure — Procedure — Alleged incomplete citation of statute not shown to vitiate trial
Criminal law
— medical evidence — Clinical officer’s findings (bruises, blood, live sperms) and admissibility/weight absent DNA matching
— Unnatural offence — Whether prosecution proved the offence beyond reasonable doubt — Victim testimony and corroborative witness evidence
Evidence
— Credibility assessment and corroboration
— lack of direct eyewitness does not necessarily defeat conviction
30 October 2020
Conviction quashed where seizure certificate and repudiated cautioned statements were expunged, leaving insufficient evidence.
Evidence — cautioned statements
— Conviction unsafe where key exhibits are expunged
— repudiation
Evidence — search and seizure — admissibility where witness fails to describe search or establish possession
30 October 2020
Appeal dismissed where victim’s testimony and DNA paternity evidence proved rape and impregnation of a schoolgirl.
Criminal law
— Rape — Proof beyond reasonable doubt — victim’s direct evidence as best evidence
— Sexual intercourse with a minor/impregnating a schoolgirl — proof of age
Evidence — Evidentiary law — DNA paternity evidence — collection, admissibility and probative value (99.99% probability)
30 October 2020
Conviction quashed after victim’s testimony deemed not credible; DNA testing required where pregnancy links accused to offence.
Criminal law — proof of rape — Material contradictions in complainant's testimony on timing and pregnancy affecting credibility
Criminal procedure — admissibility of cautioned statements — No objection at trial renders tendering permissible
Evidence — DNA evidence — not always necessary for rape but may be crucial to establish paternity where pregnancy and delayed reporting exist
21 October 2020
August 2020
Court granted extension to appeal where delay was caused by prisoners’ reliance on prison authorities to lodge appeal documents.
Criminal procedure — Extension of time — sufficiency of cause — prisoners’ reliance on prison authorities to lodge appeals — consolidated applications originating from same trial
31 August 2020
Appellate court found no defect in charge sheet but reduced excessive cattle-theft sentence and ordered release.
Criminal procedure
— Appeal — excess sentence — appellate relief by release where substantial custodial term already served
— Charge sheet — sufficiency of charge sheet where multiple accused are arraigned
— Sentencing — Minimum Sentence Act (stealing cattle)
24 August 2020
The respondent’s appeal filed beyond 30 days without leave is time‑barred despite delayed supply of the certified judgment.
Appeals from Primary Court to District Court — statutory 30-day time limit (Magistrates’ Courts Act s.20(3)) — delayed certified copy of judgment is a ground for applying for extension of time but does not permit filing out of time without leave — copy of Primary Court judgment not a mandatory attachment to petition — proceedings heard on a time‑barred appeal are void ab initio.
24 August 2020
Leave to appeal granted due to arguable issues on pecuniary jurisdiction, damages assessment, and contract interpretation.
Civil procedure — Assessment of Damages — general
Civil procedure — Contract interpretation
— clause performance
— Limitation of High Court in leave applications (no merits determination)
Civil procedure — Leave to appeal — grant where prima facie arguable issues exist
Civil procedure — Pecuniary jurisdiction — specific damages
24 August 2020
Revision under s.79(1)(c) does not lie against a dismissal for want of prosecution unless it finally determines the suit.
Civil procedure
— Dismissal for want of prosecution — Not revisable
— Revision — Whether revision lies against interlocutory or preliminary orders — Revision not available unless order finally determines the suit
24 August 2020
Appeal allowed: trial record irregular and identification/prosecution evidence insufficient; convictions quashed and appellants released.
Criminal procedure
— Appeal competency
— Charge-sheet requirements and territorial jurisdiction
— Prosecution duty — proof beyond reasonable doubt and need for independent corroboration (fire/rescue reports, material witnesses)
17 August 2020
An allegation of illegality in a challenged decision can alone justify an extension of time to file a revision application.
Limitation law — Limitation of actions
— alleged illegality in decision (non-joinder, condemned unheard, advocate as witness, defective documents) as sufficient cause
— authorities including Devram Valambhia, Vip Engineering, Tanesco cited
— Extension of time
— Lyamuya factors
11 August 2020
Court granted extension of time to appeal after lost prison-held documents were retrieved and corroborated by prison affidavit.
Criminal procedure — Extension of time — loss and retrieval of court documents by prison authorities as sufficient cause — corroborating affidavit from Officer-in-Charge — time limits imposed for filing notice and petition of appeal
5 August 2020
Court granted extension to file appeal after lost documents were retrieved and supported by prison affidavit.
Criminal procedure — Extension of time — Affidavit and supporting prison officer’s affidavit as sufficient cause — Discretionary grant of extension with prescribed time limits
5 August 2020
Loss and retrieval of documents constituted sufficient cause to grant extension to file appeal documents.
Criminal procedure — Extension of time — Loss and retrieval of documents as cause — Discretionary grant of extension with specified filing periods
5 August 2020
Applicant failed to show sufficient grounds for extension to seek re-admission of a dismissed appeal.
Civil procedure
— extension of time — Application for re-admission of an appeal dismissed for want of prosecution
— Principle — A party cannot benefit from deliberate failure to prosecute (cannot profit from own wrong)
— Procedure — Re-admission remedies
Criminal law — Magistrates' court act s.26(a) — Registrar’s directions and dismissal for want of prosecution
4 August 2020
July 2020
Appeal dismissed; victim’s testimony and corroboration sustained rape and impregnating-schoolgirl convictions; DNA not required.
Criminal law — sexual offences — Corroboration and proof of penetration in rape cases — Penetration sufficient to establish offence
Criminal procedure — Right to defence — State-funded legal aid
Evidence — DNA evidence — Not a legal requirement to secure conviction in sexual offence cases
3 July 2020
May 2020
A second appellate court will not adjudicate new grounds not raised on the first appeal; appeal dismissed with costs.
Administrative law
— Locus standi — claim that spouse of deceased holds land pending estate administration
— Ward tribunal procedure
Appellate practice — Appellate procedure — second appeal — jurisdiction to entertain grounds not raised in first appellate court — new issues inadmissible on second appeal
28 May 2020
Application for leave to appeal dismissed as time‑barred for failure to file within 30 days and obtain extension.
Land law — leave to appeal from High Court (Land Division)
28 May 2020
Appellate court upheld conviction for theft, finding recovery and cautioned statement properly admitted and dismissing appeal.
Criminal law
— Admissibility of evidence — Cautioned statement — trial-within-trial and voluntariness
— appellate review — assessment of witness credibility and sufficiency of evidence
— Search and seizure — presence/absence of independent witness
— Theft — Recovery of stolen motorcycle — corroboration by seizure certificate and registration card
27 May 2020
A trial judgment that convicts but omits the sentence is fatally defective and must be remitted for a proper judgment.
Civil procedure — Invalidity of judgment — Omission of sentence renders trial judgment incompetent
Civil procedure — Remedies
— principles in Fatehali Manji
— Remittal to trial court to compose proper judgment versus retrial
Criminal law — sentencing — Trial court to consider time already spent in custody when composing sentence
Criminal procedure — Judgment — Requirement that a conviction be followed by specification of offence and punishment
26 May 2020
Prison-caused delay held good cause; applicant granted extension to file notice and petition of appeal.
Civil procedure — exercise of judicial discretion — setting time limits for filing notice and petition of appeal
Criminal procedure — Extension of time to appeal
Prison law — Delay attributable to prison authorities — affidavits as supporting material
21 May 2020
Applicant failed to show good cause for extension of time; application for extension dismissed.
Labour law — Labour procedure — Extension of time
21 May 2020
Applicant failed to account for unexplained delay; extension of time to appeal was refused.
Land law — Land procedure
— Extension of time
— typographical errors in tribunal ruling do not automatically constitute sufficient cause
21 May 2020
A land tribunal lacked jurisdiction over property listed in a deceased's estate; proceedings nullified and matter returned to probate court.
Land law
— Jurisdiction
— District Land and Housing Tribunal lacks jurisdiction over property listed in deceased's estate
— non-joinder and assessor irregularities were not decided as matter disposed for want of jurisdiction
— probate/administration courts retain competence
— res judicata
21 May 2020
Appeal dismissed: assessors' signing satisfied consultation rules; alleged evidential contradictions and court‑officer appointment did not vitiate judgment.
Evidence — Credibility and contradictions — material contradictions on core facts can defeat a claim — Balance of probabilities / burden of proof
Probate law
— appointment and revocation of administrators — powers of Primary Court and grounds for revocation — Revocation of improperly appointed administrator does not automatically nullify entire proceedings
— appointment of administrator — Validity of Primary Court judgment where assessors participated and signed — Magistrate Courts (Primary Courts Judgment) Rules GN No.2 of 1988
20 May 2020