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Citation
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Judgment date
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| December 2020 |
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30 December 2020 |
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8 December 2020 |
| November 2020 |
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16 November 2020 |
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16 November 2020 |
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14 November 2020 |
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13 November 2020 |
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6 November 2020 |
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Applicant failed to prove good cause for extension after lengthy delay and inadequate proof of court-caused delay.
* Land Disputes Courts Act s.38(1) – extension of time to file appeal; * Delay in supply of certified copies – possible ground for extension but requires proof of timely request, follow-up, collection, and immediate filing; * Burden of proof lies on applicant; * Failure to apply before expiry is relevant; * Evidence from court registry (affidavit/certificate) may be necessary to substantiate court-caused delay.
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6 November 2020 |
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5 November 2020 |
| October 2020 |
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30 October 2020 |
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Alleged illegality and misnaming justified extending time for the applicant to appeal an execution order.
* Land law — extension of time to appeal — alleged illegality as sufficient cause to extend time (Principal Secretary v Devram Valambhia). * Execution — whether execution can be enforced against a person not party to original proceedings due to misnaming. * Civil practice — effect of name discrepancies on party status and appeal rights.
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26 October 2020 |
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26 October 2020 |
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Applicant granted leave to seek judicial review over alleged unfair and possibly unlawful university discontinuation.
Judicial review – Leave to apply for prerogative orders; Grounds: illegality, procedural unfairness, irrationality; University disciplinary decisions – fair hearing and proper composition of decision-making organ; Certiorari and mandamus remedies.
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22 October 2020 |
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Conviction for grave sexual abuse quashed where prosecution failed to prove 'for sexual gratification' element beyond reasonable doubt.
Criminal law – Sexual offences – Grave sexual abuse (s.138C Penal Code) – Essential ingredients include 'for sexual gratification' and lack of consent – Prosecution’s burden and proof beyond reasonable doubt – Failure to prove purpose of touching warrants quashing conviction.
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22 October 2020 |
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Sickness occurring after the 60-day appeal period expired does not ordinarily constitute good cause to extend time to appeal.
* Land law — Extension of time to appeal under section 38(1) Land Disputes Courts Act — 60-day appeal period.
* Civil procedure — Good and sufficient cause — burden on applicant to produce relevant material; illness after expiry not sufficient.
* Evidence — post-deadline events (sickness/accident) cannot ordinarily justify extension of statutory appeal time.
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21 October 2020 |
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Guilty plea and prosecution facts omitting victim's age made the plea ambiguous; conviction quashed.
Criminal law — guilty plea — plea must be clear and admit all material elements; statutory rape — victim's age is a material element; appeal after guilty plea — exceptions where plea ambiguous or admitted facts cannot sustain conviction; conviction quashed where prosecution facts omitted age.
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20 October 2020 |
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20 October 2020 |
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Applicant granted extension to file revision because conflicting tribunal judgments raised apparent illegality.
Limitation — extension of time — Section 14(1) Law of Limitation Act — alleged illegality apparent on face of record — conflicting tribunal judgments and suo motu correction — revision procedure — court’s duty to inquire into illegality.
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19 October 2020 |
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Court extended appeal time, excluding period spent diligently prosecuting an appeal later struck out, and granted 60 days.
Land Disputes Courts Act, s.38(1) – extension of time to appeal; computation of limitation – exclusion of time spent diligently prosecuting a subsequently struck‑out appeal; sufficient cause for extension; authorities considered: Selina Chibango, Yusufu Same, Transport Equipment Ltd v Valambhia.
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15 October 2020 |
| September 2020 |
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Extension application struck out for wrong statutory citation; overriding objective cannot cure procedural mis-citation.
Land appeals — extension of time to appeal from District Land and Housing Tribunal — correct statutory provision: section 38(1) Land Disputes Courts Act — wrong citation of general Limitation Act section 14(1) is fatal — overriding objective cannot cure procedural mis-citation; affidavit formalities.
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25 September 2020 |
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Extension of time refused where claimed illness was insufficiently substantiated; no costs ordered due to ex parte proceedings.
Land appeal time-limits; extension of time under section 41(2) Land Disputes Courts Act — "good cause" must be proved; illness as ground for extension requires proper medical particulars; substituted service by publication and ex parte proceedings.
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3 September 2020 |
| August 2020 |
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27 August 2020 |
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Acquittal in criminal proceedings does not preclude civil liability; respondent proved claim on balance of probabilities.
Civil v criminal proceedings – acquittal/withdrawal in criminal case not an absolute defense in civil claim; standard of proof – balance of probabilities; appellate review – limits on re-evaluation in second appeal; weight of evidence and general denial.
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19 August 2020 |
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Rape conviction quashed where uncorroborated complainant evidence and material contradictions created reasonable doubt.
Criminal law – Rape – One‑on‑one allegation – Need for corroboration where only complainant and accused witnessed the act; Material contradictions among prosecution witnesses; Medical examination showing no injuries or spermatozoa; Insufficient police investigation; Burden of proof beyond reasonable doubt.
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18 August 2020 |
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14 August 2020 |
| June 2020 |
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Extension of time refused where illness unproven and alleged lack of locus standi not apparent on the record.
Extension of time – requirement of good and sufficient cause – unsupported illness insufficient; Illegality as ground for extension – must be obvious on face of record; Locus standi in land disputes – intermeddling/member of household constitutes sufficient interest; Ward Tribunals access – any person who reasonably believes rights infringed may complain.
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22 June 2020 |
| May 2020 |
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Wrongfully issued Letter of Offer to an unregistered transferee can be validly revoked; original customary entitlement prevails.
Land law – customary right of occupancy – acquisition and survey – compensation by re-allocation of plots – wrongful issuance of Letter of Offer – revocation of unregistered offer – no presidential action required where interest not registered.
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21 May 2020 |
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18 May 2020 |
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Indecent assault conviction quashed for failure to prove elements beyond reasonable doubt; offences should have been charged alternatively.
* Criminal law – Sexual offences – Rape – Proof of penetration – medical evidence showing intact hymen/anus may negate penetration.
* Criminal law – Sexual offences – Indecent/sexual assault (s.135) – elements: intent to cause sexual annoyance and act/gesture/word/object intended to be seen or heard – must be proved beyond reasonable doubt.
* Criminal procedure – Charging – Where a single act constitutes multiple offences they should be charged in the alternative to avoid double punishment (s.21 Penal Code).
* Evidence – Failure to call an identified witness may leave material gaps undermining prosecution case.
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12 May 2020 |
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Bail pending appeal denied where claimed family hardship was not exceptional and appeal lacked overwhelming prospects.
Criminal procedure – Bail pending appeal – s.368(1)(a)(i) Criminal Procedure Act – Tests: exceptional and unusual reasons or overwhelming probability of appeal success – family/financial hardship not automatically exceptional – matters proper for appeal consideration – balancing liberty and administration of justice.
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4 May 2020 |
| March 2020 |
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23 March 2020 |
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Filing a memorandum instead of the statutory petition for a second appeal renders the appeal incompetent and liable to be struck out.
* Land law — Appeals — Requirement under s.38(2) Land Disputes Courts Act for petition of appeal to High Court from District Land and Housing Tribunal in appellate/revisional jurisdiction. * Civil procedure — Distinction between memorandum of appeal (first appeal/original jurisdiction) and petition of appeal (second/appellate or revisional jurisdiction). * Procedural mandatory requirements — "shall" denotes mandatory compliance; substantial compliance and overriding-objective/constitutional doctrines cannot circumvent mandatory procedural provisions.
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13 March 2020 |
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Concurrent findings on boundaries and possession upheld; appellant failed to prove adverse possession or superior title.
Land law — boundary disputes and ownership — proof of boundaries; adverse possession/limitation — weight and credibility of witness evidence; appellate review of concurrent tribunal findings.
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13 March 2020 |
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An appeal filed more than 60 days from the tribunal’s decision is time-barred; certification of judgment does not extend the period.
* Land Disputes Courts Act s.38(1) – sixty-day appeal period to High Court – limitation runs from date of tribunal decision, not certification of copy.
* Extension of time – proviso to s.38(1) permits extension for good cause; failure to obtain copy may justify application but does not validate late filing without leave.
* Law of Limitation Act s.3 – mandatory dismissal of proceedings filed after prescribed limitation period whether or not limitation pleaded.
* Civil procedure – preliminary objection on limitation – appeal dismissed and costs awarded.
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11 March 2020 |
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Applicant's illness and diligence justified court's discretionary grant of extension of time to file an appeal.
Extension of time – discretionary exercise – factors: reason for delay, length of delay, diligence, prejudice – illness as sufficient cause – appeal time limits under Land Disputes Courts Act/Civil Procedure Code.
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11 March 2020 |
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Secretary's name in Coram does not prove participation; concurrent factual findings on ownership affirmed; appeal dismissed.
Land disputes — Coram and role of Ward Tribunal secretary — Secretary is record-keeper, not member; appearance in Coram does not prove participation; Quorum governed by Ward Tribunals Act s.4(3); Tribunal composition under Land Disputes Courts Act s.11 relates to formation not Coram particulars; Appellate interference with concurrent factual findings limited — misapprehension required; Burden of proof in ownership disputes — s.119 Evidence Act places on party denying ownership.
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9 March 2020 |
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An execution order that finally determines a matter is appealable, but the appellant’s appeal was time-barred under the 45-day limit.
Civil procedure — Execution orders — appealability: execution orders that finally determine the suit are appealable under s.74(2) CPC; Limitation — where no specific appeal period prescribed, 45-day limit under the Law of Limitation Act applies; Appeal struck out as time-barred.
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9 March 2020 |
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An omnibus, conflicted and time‑barred labour application was struck out on preliminary objections.
Labour law — omnibus/competency of application; preliminary objections — improper/multipronged reliefs in one summons; limitation — s.91(1)(a) ELRA (six weeks) and jurisdiction; conflict of interest and locus of representative; striking out incompetent proceedings.
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6 March 2020 |
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Appellant failed to prove title by execution sale or auction; tribunal's decision upheld and appeal dismissed.
Land law – proof of title – requirement to prove execution and auction by showing taxed bill of costs and court orders; evidential sufficiency of documents and oral testimony in land disputes; appellate review of factual findings and procedural irregularities.
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2 March 2020 |
| February 2020 |
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Court recorded party-membership settlement but held it does not automatically restore council seats.
• Constitutional/Administrative law – party internal disciplinary actions – court’s role in recording settlements between party members; • Civil procedure – recording deeds of settlement as court decrees – objections by necessary but non-contracting parties; • Electoral law – reinstatement to elective office requires compliance with statutory procedures and is not automatic upon party retraction.
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20 February 2020 |
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District Court properly exercised jurisdiction over a commercial dispute ≤ TShs30 million; written contract established appellant's liability.
Commercial law — jurisdiction of Magistrates’ Courts — interaction between section 18 (Primary Court pecuniary limits) and section 40(3) (District Court commercial jurisdiction); Documentary evidence — Evidence Act s.100(1) — written contract prevailing over oral claims; Liability — contracting party liable despite involvement of third party.
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19 February 2020 |
| January 2020 |
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Allocation by local authority and long occupation upheld respondent's title; appeal dismissed with costs.
Land law – title by allocation – letter of offer and payment of land rent as evidence of allocation; probative value of historic tax/ground rent receipts not linked to specific surveyed plot; long occupation and improvements as supporting possession; insufficiency of mere payment receipts to prove ownership; first appeal obligation to re-hear evidence.
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27 January 2020 |