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High Court Corruption and Economic Crimes Division - 2021 July

4 judgments
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4 judgments
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July 2021
Omary Abubakari Pesambili vs Aziza Iddi Sekilo and 4Others (Misc. Land Appeal 114 of 2020) [2021] TZHCCED 10 (30 July 2021)
Appellant failed to prove prior mortgage or title; mortgagee lawfully auctioned the encumbered property; appeal dismissed.
Land law – mortgage – validity of mortgage and priority; capacity to pass title while property encumbered; auction by mortgagee under section 126(d) Land Act; burden of proof – section 110 Evidence Act; appellate interference with tribunal findings; evidential weight – Hemedi Said v Mohamedi Mbilu.
 30 July 2021
Republic vs Mashaka Nathanael @ Magia (Economic Case 2 of 2021) [2021] TZHCCED 9 (27 July 2021)
Prosecution failed to prove drug charges due to broken chain of custody and a defective cautioned statement.
* Criminal law – Drugs – Trafficking and possession – requirement to prove chain of custody from seizure to laboratory analysis – unexplained delay and missing handing-over documentation undermining admissibility and reliability of exhibits. * Criminal procedure – Cautioned statement – statutory requirements for reading, certification and timing – non-compliance renders statement unreliable.
 27 July 2021
Beatrice Greyson Mbaga vs Ongujo Wakilbara Nyamarwa and 4 Others (Misc. Land Application 698 of 2020) [2021] TZHCCED 12 (13 July 2021)
An application to restore a dismissed suit filed after the court-ordered deadline without leave was time-barred and dismissed with costs.
* Civil procedure – Restoration of dismissed suit – Compliance with court-ordered deadline – Filing after court-imposed date without leave is incompetent and time-barred. * Court orders – Time limits fixed by court – Parties must obey orders to ensure efficient administration of justice. * Preliminary objection – Time bar – Dismissal with costs where application filed out of time and without leave.
 13 July 2021
Hyasinta Elias Malisa(administratrix of the Estate of the Late Dr. Elias Malisa) vs the Ministry of Lands, Housing and Human Settlement and 2 Others (Land Case 129 of 2019) [2021] TZHCCED 6673 (6 July 2021)
Land claim dismissed as time‑barred: cause of action accrued in 2003; 12‑year limitation expired before suit.
* Limitation of actions – Land – Item 22 Part I Schedule to the Law of Limitation Act – 12‑year period for recovery of land – accrual of cause of action determined by pleadings and annexures. * Pleadings – plaint read with annexures to ascertain when plaintiff became aware of dispute. * Revocation of right of occupancy – effect on third parties and need to prove title against grantee before pursuit of claim against State.
 6 July 2021