|
Citation
|
Judgment date
|
| November 2025 |
|
|
Appeal allowed: DLHT judgment quashed because respondent lacked locus standi to claim ownership of disputed land.
* Land law – ownership disputes – requirement of proof of title or lawful succession before claiming ownership. * Civil procedure – locus standi – standing is jurisdictional and a party must show sufficient legal interest to sue. * Evidence – admission that land belonged to deceased owner and absence of transfer/administration documents undermines claim. * Adverse possession – not adjudicated on appeal where locus standi defect disposes the case.
|
14 November 2025 |
|
An appeal against an ex parte tribunal judgment is incompetent unless the appellant first applies to set aside that judgment.
* Land law – ex parte judgment – requirement to apply to set aside ex parte judgment before appealing.* Civil procedure – competence of appeal – High Court revisional powers under s.42 and s.43 of the Land Disputes Courts Act.* Pleadings – description of land and boundaries (Order VII r.3 CPC) – procedural objections not determined where appeal is incompetent.
|
14 November 2025 |
|
Appeal dismissed: prosecution failed to prove assault beyond reasonable doubt; Primary Court may award compensation up to Tshs.100,000.
* Criminal law – proof beyond reasonable doubt – assault causing actual bodily harm – necessity of medical evidence/PF3 and corroboration.
* Criminal procedure – appellate re-evaluation of evidence – District Court’s power to quash unsafe convictions.
* Jurisdiction – Primary Courts’ power to award compensation under section 5(1)(b) of the Primary Courts Criminal Procedure Code – limit of Tshs.100,000 unless offence appears in Minimum Sentences Act.
|
13 November 2025 |
|
A court administration technical delay amounted to sufficient cause to grant extension to file a notice of appeal.
Land appeal — Extension of time to file Notice of Appeal — Sufficient/good cause — Technical delay attributable to court administration — Section 14(1) Law of Limitation Act — Duty to account for delay; court’s discretion.
|
13 November 2025 |
|
Applicant’s credible reasons for non-appearance (network problems, reference search) justified setting aside dismissal for want of prosecution.
Civil procedure – Setting aside dismissal for want of prosecution – Order XXXIX Rule 19 CPC; Court discretion – sufficient/good cause; Relevant factors: length and reason for delay, dilatory conduct (Barclays Bank v Mcheni).
|
12 November 2025 |
|
Applicant granted extension to file appeal due to delay caused by tribunal’s failure to supply records; appeal to be filed within 30 days.
Civil procedure – extension of time to file appeal – sufficient cause/good cause – delay due to non‑supply of tribunal records – discretionary power under s.14(1) Law of Limitation Act – ex parte determination where respondent absent.
|
12 November 2025 |
|
Court granted extension of time to file appeal, finding sufficient cause (delay in supply of tribunal records).
* Civil procedure – Extension of time – Applicant must show sufficient/good cause – factors: length and reasons for delay, applicant's diligence, prejudice.– Delay caused by non‑provision of tribunal records can constitute sufficient cause.– Limitation Act s.14(1) empowers court to extend time for appeals.
|
10 November 2025 |
|
Appeal dismissed: court found identification and possession of elephant tusks proven and cautioned statement admissible.
Wildlife Conservation Act – valuation and identification of government trophies by conservation officer; admissibility of valuation certificate; Criminal Procedure Act – cautioned statements: timing, duty to inform of rights and need for timely objection; proof of unlawful possession; exhibits and instrumentalities of crime.
|
7 November 2025 |
|
Procedural irregularities and failure to evaluate defence evidence vitiated DLHT judgment; matter remitted for de novo hearing.
Land law – procedural irregularities in DLHT proceedings – assessors and chairman improperly cross-examining witnesses; failure to consider defence evidence; revisional powers under Land Disputes Courts Act (ss. 42, 43); remittal for de novo hearing; adverse possession and capacity to sue raised but not determined.
|
7 November 2025 |
|
Sellers who may be liable to third-party suits are not automatically necessary parties; respondents failed to prove ownership.
Land law – proof of title and possession – burden of proof on party alleging ownership; necessary parties – third-party sellers who may have subsequent cause of action are not automatically necessary parties; evidence – insufficiency of vague clan reconciliation letters and absence of documentary proof; appellate review – first appeal re-evaluation of evidence.
|
6 November 2025 |
|
|
6 November 2025 |
|
The appellant's rape and intentional HIV-transmission convictions upheld on victim and clinical corroboration; appeal dismissed.
* Criminal law – Rape – Penetration and lack of consent – Victim’s testimony as primary evidence and required corroboration.
* Criminal law – Statutory rape – Proof of victim’s age and acceptable sources of proof.
* Public health/Criminal law – Intentional transmission of HIV – clinical evidence and inference from CTC records.
* Evidence – Identification – earliest opportunity principle and relevance of arresting officer’s testimony.
|
5 November 2025 |
|
Victim's credible testimony established age and penetration; corroboration not mandatory, appeal dismissed.
* Criminal law – Statutory rape – proof of age of victim – evidence from victim and relatives/school for age; * Criminal law – Rape – penetration as essential ingredient under s.130(4)(a); * Evidence – Corroboration not mandatory for victim’s testimony in rape cases; * Evidence – Minor contradictions immaterial if they do not go to root of case; * Standard – prosecution must prove guilt beyond reasonable doubt.
|
5 November 2025 |
|
Victim’s credible testimony, corroborated by medical and maternal evidence, proved rape; caution statement properly read and admitted.
* Criminal law – Rape – proof of penetration and age – victim’s evidence corroborated by medical and maternal testimony.
* Evidence – admission of documentary evidence – caution statement must be read aloud after admission.
* Evidence – corroboration – not always mandatory; prosecution not obliged to call every possible witness (s.135(6) Evidence Act).
* Procedure – minor contradictions in testimony do not necessarily impeach the whole case.
|
5 November 2025 |
|
Appeal dismissed: seizure receipt, cautioned statement, independent witness and chain of custody were properly established.
* Criminal procedure – search and seizure – certificate/receipt of seizure signed in presence of arresting officers and independent witness; no fingerprint verification required. * Admissibility of cautioned statement – voluntariness objection threshold and application of Selemani Abdallah procedure. * Evidence – requirement and sufficiency of independent witness during search. * Chain of custody – oral and documentary proof acceptable where item not easily tampered with. * Standard of proof – conviction upheld as proved beyond reasonable doubt.
|
5 November 2025 |
|
Expert medical opinion isn't conclusive; a child’s promise suffices and minor date inconsistencies are immaterial to conviction.
* Evidence — Expert opinion: medical evidence admissible under s.52 Evidence Act but not binding. * Evidence — Child witness: s.127(2) Evidence Act allows testimony after promise to tell the truth. * Criminal procedure — Variance in alleged time: s.251(3) CPA renders date variance immaterial if proceedings timely. * Sexual offences — Elements of rape: penetration, lack of consent, and identity; victim's evidence may suffice if credible and corroborated. * Reporting: no requirement to notify village chairman/local government before police.
|
5 November 2025 |
|
A credible child victim's testimony can suffice to prove statutory rape; appeal dismissed and conviction upheld.
* Criminal law – Rape of a child – Victim's evidence as primary evidence; corroboration not mandatory. * Proof of penetration – may be established by victim's credible testimony. * Proof of age – may be by victim, school attendance or inference; discrepancies do not automatically vitiate conviction. * Appellate review – first appellate court may re-evaluate evidence but found no misdirection or omission warranting quashing conviction.
|
5 November 2025 |
|
Cautioned statement invalid for lack of warning; armed robbery not proved, convicted of simple robbery and sentenced to 15 years.
Criminal law – Robbery v Armed Robbery – proof of use or threat of actual violence and being armed; admissibility of cautioned statements – duty to inform suspect of right to summon relative/friend/advocate; caught red‑handed and mistaken identity; chain of custody for exhibits; sentencing – substitution to lesser offence and application of mandatory minimum sentence.
|
4 November 2025 |
|
Whether a sentence imposed without a recorded conviction is valid and what remedial powers an appellate court may exercise.
Criminal procedure — Omission to record conviction — Validity of sentence without conviction — Jololo exception allowing appellate review and acquittal — Appellate and revisional powers (Criminal Procedure Act s.235, s.366, s.373) — Remittal to trial court to record conviction — Equitable correction of judicial oversights — Directions and timelines for remedial proceedings.
|
4 November 2025 |
|
Failure to join the village council as necessary party vitiated the tribunal’s land allocation decision; appeal allowed.
* Village land law – allocation and management – village council is necessary party where its allocation is contested; non-joinder vitiates proceedings.
* Procedural law – misjoinder/non-joinder – absence of statutory organ cannot be cured by documentary evidence alone.
* Constitutional/administrative procedure – Written Laws (Miscellaneous Amendments) Act 2020 requires notice to Attorney General/local authority when adding public bodies; remand to amend unsuitable without compliance.
|
4 November 2025 |
| October 2025 |
|
|
An incompetent land suit due to non-joinder should be struck out, not dismissed; appellant may bring a fresh suit.
* Land law – joinder of necessary parties – incompetence of proceedings where necessary parties not joined – correct remedy is striking out, not dismissal for want of prosecution.
* Civil procedure – dismissal for want of prosecution vs striking out – material irregularity and illegality.
* Extension of time – restoration of proceedings – when a fresh suit is preferable to restoring improperly dismissed proceedings.
* Requirement to comply with mediation and determine representative capacity in fresh proceedings.
|
23 October 2025 |
|
Failure to inform accused of right to recall witnesses after charge amendment is a material irregularity; proceedings quashed and remitted.
Criminal procedure – Amendment of charge after witness testimony – Accused’s right under section 234(2)(b) (now s.251(2)(b)) to have prosecution witnesses recalled – Failure to inform accused is a material irregularity – Quash and remit for continuation before a different magistrate.
|
23 October 2025 |
|
Dismissal for want of prosecution was proper for failure to effect service, but granting use of land without merits hearing was unlawful.
* Civil procedure – service of summons – proof of service – requirement for affidavit by process server and use of tribunal process servers (Order V Rules; Land Disputes Courts Act). * Dismissal for want of prosecution – Regulation 15 GN 174 of 2003 – proper where application left unattended due to failure to effect service. * Jurisdictional limits – tribunal erred by issuing order determining use of land without hearing parties on merits – right to be heard violated. * Order IX Rule 8 inapplicable where service not effected (appearance vs service).
|
23 October 2025 |
|
Appeal allowed: conviction quashed for insufficient evidence, flawed exhibit handling, inadequate independent witness and prosecution delays.
* Criminal law – Narcotic drugs – Trafficking – Sufficiency of evidence and requirement to prove possession beyond reasonable doubt. * Criminal procedure – Alibi raised late – Court must take into account and exercise judicial discretion; weight to be explained. * Search and seizure – Independent witness and proper labelling/chain of custody of exhibits. * Evidential delays – Inexplicable prosecutorial adjournments may undermine prosecution case and create reasonable doubt.
|
23 October 2025 |
|
A revision filed beyond the statutory 42-day limit is time-barred; court struck it out, ordering each party to bear own costs.
Labour law — time limits for revision from CMA award; Employment and Labour Relations Act s91(1)(a) & (2); Interpretation of Laws Act s60 — exclusion of non-working days; requirement to apply for extension of time (Labour Court Rules Rule 56); distinction between striking out and dismissal; overriding objective and access to justice in time-barred cases.
|
23 October 2025 |
|
Appellant failed to rebut respondent’s documentary and vendor evidence of title; appeal dismissed, each party to bear own costs.
Land law – proof of title – sale agreement and vendor testimony as evidence; Burden and shifting of evidential onus where vendors support rival claim; Adverse inference for failure to call material witnesses named in agreement (Hemedi Said principle); Minor contradictions not dispositive of ownership; Costs discretion where parties are neighbours.
|
23 October 2025 |
|
Failure to obtain Ward Tribunal mediation certificate and non-joinder of municipal survey authority vitiated the tribunal proceedings.
Land disputes — mandatory Ward Tribunal mediation/certificate under amended section 13(4) of the Land Disputes Courts Act; jurisdictional consequence of non-compliance; non-joinder of municipal authority responsible for survey as a necessary party; sufficiency of land description and survey evidence; nullification of proceedings where mandatory procedure not followed.
|
23 October 2025 |
|
Execution against a judgment debtor was proper; the appellant’s objection was an appeal in disguise and the appeal is dismissed.
Execution proceedings – institution against a judgment debtor; objections in execution amounting to appeals in disguise; remedy by appeal or revision where a non-joined owner claims interest; absence of pending appeal validates execution.
|
23 October 2025 |
|
Applicant granted extension to appeal after court excluded time spent obtaining judgment as good cause.
* Extension of time to appeal – good cause and diligence required; * Time spent obtaining judgment and proceedings excluded in computing appeal period; * Application of authorities: Alex Senkoro v Eliambuya Lyimo; Methusela Enoka v National Microfinance Bank Ltd; Bukoba Municipal Council v New Metro Merchandise; * Each party to bear own costs.
|
22 October 2025 |
|
Formal request for appeal records suspends the limitation period; appeal held timely and objection dismissed.
Limitation law – Law of Limitation Act s.19(2) and (3) – automatic exclusion of time spent awaiting judgment/decree/proceedings after formal request – 90-day appeal period under Part II of the Schedule – formal request and court delay excludes waiting period.
|
16 October 2025 |
|
Acquittal affirmed because prosecution failed to prove respondents’ possession, control or transportation of the narcotics beyond reasonable doubt.
* Criminal law – Drug trafficking – proof of possession/control/transportation of narcotics; * Evidence – identification, witness discrepancies, alibi and failure to tender cautioned statements; * Procedure – search warrant issue not determinative where evidential insufficiency persists; * Appellate review – affirmation of acquittal where prosecution fails to prove guilt beyond reasonable doubt.
|
16 October 2025 |
|
A party with a pending Primary Court objection cannot prematurely invoke District Court revision; objection must be determined first.
Magistrates' Courts Act s.22(1) – revisional jurisdiction – not confined to suo motu action; party status and pending Primary Court objection – premature/incompetent revision; revision as discretionary and exceptional remedy requiring exhaustion of intra‑court remedies.
|
16 October 2025 |
|
Suit challenging allocations struck out for non-joinder of the Municipal Council/Attorney General and improper relief against non-parties.
Land law – allocation and survey of squatter parcels; necessity of joinder of local government/Attorney General; limits on injunctions against non-parties/unknown allocatees; pleadings amendment and statutory procedural requirements.
|
16 October 2025 |
|
The appellant's challenges failed; victim’s consistent testimony and medical evidence proved rape of a minor, appeal dismissed.
* Criminal law – Rape of a minor – proof of age, penetration and identity; PF3 and medical evidence supporting victim's testimony.
* Criminal procedure – Defective charge – omission of section creating offence not fatal where particulars inform accused; curable under section 411 CPA.
* Evidence – Credibility of relative witnesses; number or identity of witnesses not determinative; weight of evidence matters.
* Defence – Allegations of fabrication/grudges must be supported by evidence and properly raised during trial.
|
15 October 2025 |
|
Appellant succeeds: adverse possession defence was unproven and tribunal’s ownership finding was set aside.
Land law – pleadings in District Land and Housing Tribunal – Regulation 3(2)(c) requires disclosure of nature of dispute and cause of action; Limitation – preliminary objection valid only where it raises a pure question of law; Adverse possession – requires continuous, peaceful, and open possession for requisite period and proper proof; Appeal – on first appeal High Court may review evidence afresh and make fresh findings.
|
9 October 2025 |
|
Extension of time granted for non‑party administrator to seek revision after satisfactorily accounting for delay.
Land law – extension of time to file revision – non‑party affected by decree – necessity to account for each day of delay – illegality as ground for extension must appear on the face of the record – costs: each party to bear own costs.
|
3 October 2025 |
|
Appeal allowed: prior Ward Tribunal decision and lack of probate distribution meant vendor had no title to pass; sale void.
Land law – judgement in rem – effect of earlier Ward Tribunal decision; Probate and administration – necessity of probate distribution documents (Forms 5 & 6) to prove inheritance title; Sale of land – vendor without good title cannot pass title; Purchaser – caveat emptor and innocent purchaser doctrine where purchaser is close relative.
|
3 October 2025 |
|
Accused convicted of manslaughter on admission and given an absolute conditional discharge considering mitigating circumstances.
* Criminal law – Manslaughter (s.195 Penal Code) – conviction on accused's admission of facts. * Sentencing – maximum penalty for manslaughter (s.198 Penal Code) but court discretion to impose lesser sentence. * Mitigation – quarrel/fight context, absence of malice, first offender status, time on remand. * Sentencing relief – absolute conditional discharge under s.38 Penal Code.
|
3 October 2025 |
|
Accused convicted of manslaughter; court exercised sentencing discretion considering quarrel, first-offender status and remand time.
* Criminal law – Manslaughter (s.195 Penal Code) – conviction on accused's plea and prosecution facts. * Sentencing – s.198 Penal Code: life imprisonment is maximum; court has discretion to impose lesser sentence depending on circumstances. * Mitigation – first offender status and time spent on remand (s.38 Penal Code) are relevant sentencing considerations.
|
3 October 2025 |
|
Conviction overturned where cautioned statement and prosecution evidence were procedurally defective and trophies improperly tendered.
* Criminal procedure – cautioned statement – requirement that statement be recorded within prescribed time and accused given opportunity to summon relatives – non-compliance vitiates admissibility.
* Evidence – adequacy of witness testimony – necessity to describe trap, arrest circumstances, location and exhibit provenance for possession offences.
* Evidence – tendering of exhibits – prosecuting attorney improperly tendering trophies instead of witness may lead to expungement.
* Criminal appeal – appellate review where procedural defects and insufficient evidence render conviction unsafe.
|
2 October 2025 |
|
Appellants failed to prove ownership; tribunal decision affirmed and appeal dismissed with costs.
* Evidence — Burden of proof — Section 117 and 118 Evidence Act — party asserting ownership must discharge affirmative burden.
* Land law — Proof of title — Sale agreements and land verification receipts must sufficiently identify parcel and extent.
* Procedure — Appellate review — First appeal by way of rehearing; appellate court may uphold tribunal findings where evidence is insufficient.
* Boundary disputes — Absence of survey not fatal where parties identify estimated location and dispute is over ownership, not surveying.
* Credibility — Tribunal’s acceptance or rejection of oral testimony not lightly disturbed where supported by record.
|
2 October 2025 |
|
|
2 October 2025 |
|
Appellate court quashed rape conviction due to unreliable identification and doubts about timing of the cautioned statement.
* Criminal law – Identification evidence – visual recognition by torchlight – requirement for caution and particular scrutiny of reliability. * Criminal procedure – Failure to name suspect at earliest opportunity – effect on credibility of identification. * Evidence – Admissibility/reliability of cautioned statement where timing of recording is unclear. * Burden of proof – prosecution must prove guilt beyond reasonable doubt; appellate court may quash where identification and statement evidence are doubtful.
|
2 October 2025 |
|
Appeal dismissed as incompetent because it arose from an interlocutory order; form defect (petition vs memorandum) curable.
* Civil procedure – interlocutory orders – appealability under section 74(2)/84(2) CPC – "nature of order" test to determine whether rights are finally determined.
* Civil procedure – form of appeal – Petition of Appeal vs Memorandum of Appeal (Order XXXIX R.1(1)) – formal defect curable under overriding objective where no prejudice.
* Overriding objective – substantive justice over technicalities – court may overlook non‑prejudicial formal defects.
|
2 October 2025 |
|
Whether disputed farms and cattle were matrimonial assets — court remitted for evidence, awarded two farms, left cattle undecided.
* Matrimonial property – necessity of clear identification and proof of joint acquisition before distribution; contribution by cultivation and domestic services counts as contribution. * Appellate powers – s.29 Magistrates’ Courts Act: reception of additional evidence and remittal to trial court. * Distribution of livestock – requires definite proof of numbers; fluctuating and inconsistent evidence may justify preserving status quo. * Clan or inherited property claims – require cogent evidence to displace presumption of matrimonial character where parties lived and cultivated together. |
2 October 2025 |
|
Accused convicted of manslaughter on plea but granted absolute discharge due to quarrel, first-offender status, and mitigation.
* Criminal law – Manslaughter – plea of guilty and conviction on admitted facts – application of section 195 Penal Code.
* Sentencing – discretion under section 198 Penal Code where maximum is life imprisonment – consideration of lesser sentence.
* Mitigation – first offender, quarrel resulting in death (absence of malice), and time spent on remand.
* Remedy – absolute discharge pursuant to section 38 read with section 198.
|
1 October 2025 |
| September 2025 |
|
|
First accused convicted as procurer on weight of cautioned statement; second accused acquitted for unreliable identification.
* Criminal law – murder – procuring murder; procurer liable as principal under section 22/23. * Admissibility and weight of cautioned statement – peculiarity of facts and corroboration. * Visual identification – need for prior description/identification parade to avoid mistaken identity. * Post-mortem evidence – wounds establishing intention to kill. * Sentence – mandatory death under section 197 Penal Code.
|
18 September 2025 |
|
First accused convicted of manslaughter; second acquitted due to delayed arrest and insufficient corroboration.
Criminal law – Homicide – Distinguishing murder from manslaughter in a fight and intoxication context; admissibility of cautioned statements recorded after statutory time limit; causation under section 203(c) Penal Code; effects of unexplained delay in arrest on identification evidence; sentencing of first offender.
|
18 September 2025 |
|
Accused convicted of murder on confession, last-seen evidence and medical corroboration; insanity defence rejected.
* Criminal law – Murder – Elements: unlawful killing, responsibility, malice aforethought – proven by confession, last-seen evidence, possession of victim’s property and post-mortem injuries.
* Evidence – Admissibility and weight of cautioned and extra-judicial statements – voluntariness and peculiar knowledge corroboration.
* Evidence – Circumstantial proof and last-seen-together doctrine – connection beyond mere presence.
* Criminal procedure – Delay in arraignment – weight factor, not automatically fatal where investigations justify delay.
* Criminal law – Insanity defence – requires evidential foundation; mere assertion without reliable report or reliance fails.
|
18 September 2025 |
|
Provocation defence rejected where premeditation and prior arming showed intent to kill despite alleged insulting words.
Criminal law – Provocation – elements: unlawful act/insult, ordinary person test, sudden loss of self‑control – Cumulative or ‘last straw’ provocation – Premeditation/arming before event negates provocation – Role of cautioned and extra‑judicial statements as evidence of intent.
|
18 September 2025 |