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Citation
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Judgment date
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| February 2025 |
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Application for extension of time dismissed: once appeal struck out under section 3(1), same court cannot grant enlargement of time.
Law of Limitation – section 3(1) effect – struck out/dismissal for being time barred bars return to same court for extension of time; remedy is review or appeal to higher court; section 14(1) application for enlargement must ordinarily precede instituting time‑barred proceedings.
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12 February 2025 |
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11 February 2025 |
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Failure to tender and admit the marriage conciliation certificate renders a divorce petition incompetent.
Family law – Divorce – Mandatory referral to Marriage Conciliation Board and certificate requirement (s.101, s.106(2) LMA)
Evidence – Certificate must be tendered and admitted as an exhibit; annexures are not evidence
Jurisdiction – Failure to tender the conciliation certificate renders divorce petition incompetent and deprives court of jurisdiction
Remedy – Proceedings, judgment and decree quashed; liberty to refile subject to compliance
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11 February 2025 |
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7 February 2025 |
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Appellate court upheld maintenance order, finding appellant's inconsistent affidavit defeated his claim of financial incapacity.
Child maintenance – assessment of financial capacity – contradictory and untruthful affidavits undermine claims of incapacity; court may re-evaluate evidence on appeal
Evidence – affidavits as evidence; an affidavit tainted with falsehoods is unreliable
Procedure – submissions are not evidence, but admissions in submissions/affidavits may inform maintenance orders. Family law – payment modality for maintenance may include direct bank deposits to recipient's account
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6 February 2025 |
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5 February 2025 |
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5 February 2025 |
| January 2025 |
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Appellate court reallocated house shares (70/30) and held disputed pre-marital plot belonged to the respondent.
Law of Marriage Act s.114 – division of matrimonial property – extent of contributions; Evidence Act s.110 – burden of proof on person alleging contribution; appellate jurisdiction to correct trial court omissions; inadmissibility of issues not raised in memorandum of appeal.
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31 January 2025 |
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Court granted 30‑day extension to appeal due to proved advocate illness and e‑filing delay, with no costs.
Extension of time – Law of Limitation Act s.14(1) – sufficient cause – advocate's sickness and e‑filing control‑number delay – accounting for days of delay – application of s.19(6) for weekend deadline.
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31 January 2025 |
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31 January 2025 |
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31 January 2025 |
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Appellate court upheld respondent’s custody; procedural and factual complaints dismissed; maintenance and visitation obligations affirmed.
Child custody — Law of the Child Act — best interest of the child principle — social inquiry report procedure — cross-application in juvenile proceedings — maintenance vs custody.
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30 January 2025 |
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30 January 2025 |
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29 January 2025 |
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29 January 2025 |
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Sickness must be credibly proven to set aside a dismissal; a technical date discrepancy did not invalidate the ruling.
Civil procedure – setting aside dismissal for want of prosecution – good cause – sickness of advocate – requirement of corroborating evidence (medical chit) and consistency with affidavit; court records – technical publishing error – discrepancy of dates under Order XX Rule 7 does not necessarily invalidate a ruling.
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29 January 2025 |
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Presumption of marriage from cohabitation and conduct supports equal division of assets acquired during that period.
Family law – presumption of marriage under s.160(1) LMA; cohabitation and reputation; admissibility/weight of loan agreements and witness evidence; division of assets acquired during presumption period; effect of subsequent marriage on accrued rights.
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27 January 2025 |
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Failure to administer oath and to frame issues vitiated the matrimonial trial; appeal allowed and retrial ordered.
Matrimonial proceedings — failure to administer oath to witness evidence — omission vitiates proceedings; failure to frame issues before trial — fatal irregularity; right to be heard and legal representation — procedural fairness; retrial ordered.
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14 January 2025 |
| December 2024 |
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Appeal struck out for incorrect filing and registration; 21 days granted to refile correctly.
Law of Marriage Act – Appeals – Rule 37(1) requires Memorandum of Appeal; Petition vs Memorandum; Registration of appeals – PC Civil Appeal requirement; Chief Justice Circular No.2/2021; e-filing integrity; overriding objective limited where statutory non-compliance affects registration.
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31 December 2024 |
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Registration as wrong High Court appeal type was fatal; appellant allowed 21 days to refile correctly.
Family law – Appeals from primary courts – Requirement under Section 80 LMA and Rule 37(1) to commence appeal by Memorandum of Appeal. Civil procedure – Competence – Effect of filing a Petition instead of a Memorandum and when defects are curable. Court administration – Correct High Court registration of appeals originating in Primary Courts (PC Civil Appeal) per Chief Justice Circular No.2/2021. Overriding objective / Article 107A – limits on curing non-compliance with mandatory procedural requirements
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31 December 2024 |
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Failure to account for each day of delay and lack of facial illegality warranted refusal of extension of time.
Extension of time; Law of Limitation Act s.14(1); requirement to account for each day of delay (Lyamuya test); technical delay (eCMS reference number) not proved by evidence; alleged illegality must be apparent on the face of record to justify extension.
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31 December 2024 |
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Where hearing is concluded, a court may pronounce judgment despite a party's subsequent death; appeal dismissed.
Matrimonial law — effect of death after conclusion of hearing — abatement; applicability of Order XXII, Rule 6 CPC; evidential burden to prove death notification in trial record; adoption of deed of settlement.
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31 December 2024 |
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Revision dismissed for improper joinder of a non-party bank to execution proceedings; no order as to costs.
Matrimonial proceedings — Revision against subordinate court execution orders — Joinder of non-party (bank) in revision — Locus standi and improper impleading — Preliminary objection dispositive; dismissal of application.
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31 December 2024 |
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An appeal dismissed by the High Court cannot be refiled there; duplicate refiling is incompetent and struck out.
Civil procedure – competence of appeal – effect of prior dismissal by High Court – dismissal closes matter and precludes refile in same court. Civil procedure – registry/e‑filing errors – do not cure jurisdictional defects caused by a prior dismissal. Civil procedure – overriding objective – cannot be used to circumvent final dismissal or fundamental procedural requirements. Abuse of court process – refiling identical appeal after dismissal amounts to abuse
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30 December 2024 |
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Whether the applicant was lawfully married to the respondent and thus entitled to divorce, property division and child maintenance.
Family law – existence and proof of marriage – presumption (dhana) of marriage – inapplicability where a prior valid marriage exists
*Family law – admissibility and weight of documentary evidence purporting to dissolve prior marriage – credibility and independent proof required
*Family law – matrimonial property – section 114 applies only to spouses; no 50/50 division absent proven marriage
*Children law – parentage and maintenance – jurisdiction of the Juvenile (Children’s) Court; parentage may be determined by DNA evidence
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30 December 2024 |
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Appeal filed after statutory 30‑day period is time‑barred; preliminary objection sustained and appeal dismissed.
Appeal — limitation — section 25 Magistrates' Courts Act — statutory 30‑day filing period — e‑CMS filing entries — administrative/system errors not an automatic excuse — Law of Limitation Act Cap 89 RE 2019 — time‑barred appeal dismissed.
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30 December 2024 |
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Court granted letters of administration to two family members after caveat withdrawal and statutory compliance.
Probate and Administration – grant of letters of administration – compliance with section 56 and publication requirements
Caveat – withdrawal and joinder of caveator as co-petitioner – effect on grant of administration. Documentary requirements – death certificate, Gazette and newspaper citation, verification of originals. Duty of administrators – administer according to law and file inventory and final accounts
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29 December 2024 |
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Letters of administration revoked for material misrepresentation of identity; inventory objections premature; applicant not appointed.
Probate and Administration Act (PAEA) s49 — Revocation of letters of administration for misrepresentation or fraud Requirement of truthfulness in Petition — identity and residence of petitioner Exhibiting inventory and accounts — objections premature until heard and approved under s107 PAEA Appointment of administrators — court may decline successor appointment after defective grant
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20 December 2024 |
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Appeal allowed in part: property shares adjusted, mortgage apportioned, and maintenance increased to Tsh.600,000 monthly.
Matrimonial property division – determination of matrimonial assets and allocation according to parties' contributions; apportionment of mortgage/debt proportionate to awarded shares; variation of child maintenance and limits on medical expenses where insurance exists; burden of proof on contribution under section 114 Law of Marriage Act and Law of the Child Act s.26(1)(a).
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20 December 2024 |
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20 December 2024 |
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Electronic submission date governs timeliness under LMA s.80(2); appeal held filed within time.
Practice — Limitation periods under LMA s.80(2); Electronic filing — filing date determined by submission/admission into e-filing system; eCMS timestamps and receipts as evidentiary proof of filing date; assignment to judge does not alter filing date.
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20 December 2024 |
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Probate annulled where a will discriminatorily omitted children, invalidating the grant under section 49(1)(c).
Probate — Revocation of grant under s.49(1)(a)–(c) — Disinheritance of children without justification — Validity of will governed by Indian Succession Act — Testamentary freedom not absolute.
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20 December 2024 |
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20 December 2024 |
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Applicant failed to show sufficient cause for extension of time to set aside ex parte matrimonial decree.
Extension of time — exercise of judicial discretion — necessity to advance sufficient grounds and account for each day of delay; Affidavit by advocate — limits to matters within deponent’s personal knowledge; Proof of residence abroad (passport) insufficient alone to account for delay; Improper service and substantive objections reserved for application to set aside ex parte decree.
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20 December 2024 |
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Appellate court quashed probate decision procured on an unadmitted Will, citing procedural unfairness and prejudice to the applicant.
Probate — Will — Requirement to tender and admit original or proper copy of Will into evidence; Court's power to obtain documents — limits and need to afford parties opportunity to inspect, object and cross-examine; Procedural fairness and right to be heard — exhibits must be properly admitted or decision vitiated.
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19 December 2024 |
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Application to revoke probate for alleged defective proceedings dismissed for failure to prove substantive defects.
Probate and Administration of Estates Act s.49(1)(a) — revocation for proceedings 'defective in substance'; Rule 33(1) & Rule 63(3) — affidavit in lieu of certificate of death; propounded will before court — challenges to validity require proof at probate; duplicity of grants — effect of prior grant revoked by another court.
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19 December 2024 |
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Date discrepancies and minor jurat omissions in an affidavit do not automatically render it incurably defective.
Civil procedure — preliminary objection to competency of affidavit — alleged falsehoods (date discrepancy) — treated as slip of the pen if no prejudice shown
Evidence/Oaths — jurat irregularity — omission whether deponent known or introduced not fatal; only omission of when/where/authority incurable
Oaths and Statutory Declarations Act — mandatory particulars; minor technical defects not necessarily fatal
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18 December 2024 |
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Date discrepancy was a clerical error and jurat omission was not fatal; preliminary objection overruled.
Civil procedure – preliminary objection to affidavit – alleged falsehoods (date discrepancy) – slip of the pen doctrine – jurat of attestation – incurable defects limited to omission of when/where/authority – affidavit held valid.
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18 December 2024 |
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Grant of letters of administration revoked for concealing a pending administration and making untrue material allegations.
Probate & Administration Act (PAEA) Revocation of grant Section 49(1)(b) & (c): concealment of pending proceedings and untrue allegations; admissibility of affidavits; duty to disclose material facts when seeking letters of administration.
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18 December 2024 |
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Petitioner failed to prove spousal status or suitability; caveat upheld and Administrator General appointed to administer the estate.
Probate and administration – validity of marriage evidence – sufficiency of marriage certificate – suitability for letters of administration – reputation, capability and impartiality as criteria – role of caveat – appointment of Administrator General under Administrator-General (Powers and Functions) Act to ensure neutral estate administration.
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18 December 2024 |
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Court suspended the administrator and revoked the grant but refused to appoint the alleged executor absent formal probate.
Probate and administration – Revocation/suspension of letters of administration under section 49 PAEA – effect of family meeting minutes – requirement to propound a Will by petition for probate before appointing named executor – premature objections to administration – duties to file inventory and accounts; court protective orders over estate pending resolution.
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18 December 2024 |
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17 December 2024 |
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17 December 2024 |
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Applicant failed to show sufficient cause or apparent illegality to justify extension of time to appeal; application dismissed.
Civil procedure – extension of time – requirements under Lyamuya: account for delay, not inordinate, diligence, and apparent illegality. Illegality as ground for extension – must be manifest on the face of the record, not fact disputes. Matrimonial property disputes – factual determinations do not automatically constitute illegality for extension purposes
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16 December 2024 |
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16 December 2024 |
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13 December 2024 |
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12 December 2024 |
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Appellate court held that a Juvenile Court cannot declare itself functus officio or bar further custody applications without a merits finding.
Juvenile Court — Custody/access — Variation applications under Rule 79(1) — Functus officio — Rule 80(1)-(2) restriction on further applications — Repeated and unreasonable applications — Remittal for merits determination.
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12 December 2024 |
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An heir may be appointed administrator despite omission of an asset in the petition; family meeting minutes are not determinative.
Probate and administration – qualifications for letters of administration – Section 33 – eligibility of heirs. Family meeting minutes – advisory only, not a statutory requirement for appointment. Omission of asset from petition – not by itself evidence of bad faith; inventory required post-appointment
Caveat – merits tested; unsupported caveat dismissed. Financial difficulties or lack of unanimous family consent do not automatically disqualify an administrator
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11 December 2024 |
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Divorce petition struck out where the Conciliation Board issued a certificate without hearing the respondent.
Family law – Divorce – Mandatory referral to Ward Marriage Conciliation Board under section 101 of the Law of Marriage Act – Certificate of failed reconciliation required before petitioning for divorce
Procedure – Board hearings – Section 104(1) requires parties’ attendance and opportunity to be heard before issuing certificate
Evidence – Certificate invalid where respondent was not given a chance to be heard
Remedy – Petition struck out as prematurely filed; fresh petition may be instituted after compliance
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5 December 2024 |