Tanzania Law Reports - 1987

Civil Practice and Procedure - Suing - Who may sue - Suing on behalf- Whether a letter authorising a person to settle a claim authorises such person to file a suit. 
Civil Practice and Procedure - Plaint - The plaintiff avers that the driver was “authorised to drive a vehicle" - Whether the same as “driving in the course of one's employment" - Whether plaintiff discloses cause of action.

Criminal Law - Evidence - Probative value ofevidence based solely on identification - Identification by single witness.
Criminal Law - Sentencing - Assessment of sentence - Factors to be  considered.

Land Law - Disposition - Of Right of Occupancy - Allegation disposition is tainted with fraud - Rights of bonafide purchaser
for value.
Evidence - Disposition of Right of Occupancy - Allegation disposition is tainted with fraud - Standard of proof

Civil Practice and Procedure - Jurisdiction - Jurisdiction - Customary tort - Whether justiciable in Primary Courts - S.18(l)(i) of Magistrates Court Act, 1984 - Para 190, Part IV, First Schedule, Law of Persons, G.N. 279/1963.
Civil Practice and Procedure - Compensation - Whether expenses foreducating a daughter who is made pregnant are recoverable.
Evidence - Pregnancy - Burden of proof that daughter not made  pregnant by the accused - Para 183 of Law ofPersons GN 279/ 1963.

Criminal Practice and Procedure - Witnesses - When accused has  a right to have witnesses who have already testified to be recalled - Requirement that accused be informed about this right - S.214(2)(a) Criminal Procedure Act, 1985.

Criminal law - Pleas - Plea of autrefois convict - Accused convicted of assault causing actual bodily harm - After conviction complainant died - Accused then charged with murder- Whether plea of autrefois convict available.

Administrative law - Formulation of a Master Plan in an urban area - Failure to comply with mandatory procedure laid down in governing legislation - Effect - s. 27 Town and Country Planning Ordinance.
Land law - Formulation of a Master Plan in an urban area - Whether it extinguishes existing property rights.

Evidence - Cross-examination - A child of 8 years not cross-examined - Whether unsworn evidence of such child can be cross- examined.

Civil Practice and Procedure - Res Judicata - Appellant files a fresh petition in the grounds previously rejected.

Evidence - Corroboration - Requirement of corroboration in sexual offences.
Evidence - Being in unlawful possession - Elements to be proved.
Criminal Practice and Procedure - Identification parade - Its  purpose.

Civil procedure - Assessors - Primary Court Magistrate ignores  unanimous decision of assessors - Effect - S.7(2)Magistrates
Courts Act, 1984.

Criminal law - Being in possession of property suspected to have been stolen or unlawfully obtained - Section 312(b) of the Penal Code Cap. 16 - Accused required to give reasonable explanation as to how he came by the property.

Criminal Practice and Procedure - Trial - Trial by two magistrates in succession - Succeeding magistrate prefers to rely on the version of.evidence given by witnesses before the first magistrate - S. 214(2)(a) C.P.A..
Evidence - Standard of proof
Evidence - Secondary evidence - Whether admissible.

Customary Law - Locus standi - Person not a party to a contract -Whether can bring proceedings under Sukuma law.
Customary Law - Sukuma custom - Whether proper for parent or near relative to claim back anything given to a child.
Criminal Practice and Procedure -Appellate Jurisdiction - Section 9(3) of the Magistrates’ Court Act 1984 - Whether District Court can use the provision when exercising its appellate jurisdiction.

Criminal Law - Murder - Defence of Provocation - Killing in the heat of passion.
Criminal Law - Murder - Accused intended to harm another but harms a third person - Third person dies.
Evidence - Child of tender years - Whether evidence admissible. 
Evidence - Standard of proof in criminal cases.

Criminal Practice and Procedure - Bail - Application to the High Court after District Court refused to grant it - Whether procedure proper.

Land Law - Land Registration Ordinance Cap. 334 - Definition of  owner of an estate or interest thereof- 5. 2 ofCap. 334
Land Law - Unconditional gift - A suijuris out of love and affection - Whether it passes property absolutely.

Criminal Practice and Procedure - Pleas - Plea of guilty not  consistent with facts narrated by prosecution - Whether plea of not guilty ought to be entered.
Criminal Practice and Procedure - Compensation order- Primary Court's power to order compensation - Magistrates Courts Act, 1984 - Third Schedule - Primary Court Criminal Procedure Code.

Evidence - Identification of accused - Identification by description - Terms of that description ought to be given - Evidence must be watertight.
Evidence - Alibi - Defence of.alibi - Burden of proof.

Immigration Act, 1972 - Unlawful presence in Tanzania - Proof.
Immigration Act 1972 - Offence of giving false information to an immigration officer - Elements of.

Criminal Practice and Procedure - Charges - Withdrawal and substitution of charges - Whether omission to call upon an accused to plead to the new or altered charge renders a trial a nullity.

Tort - Defamation - Libel - Qualified privilege as a defence -Circumstances disallowing the defence.

Criminal Law - Sentencing - Assessment of sentence - Whether it assessing sentence the prevalence of a particular type of crime is a decisive factor.

Administrative law - Issue of order of certiorari - Conditions.
Land law - Landlord tenant relationship - Tenant not served with notice of termination of tenancy - Whether order of certiorari can issue.

Civil Practice and Procedure - Temporary injunction - Application for- Notice of such application to the opposite party - Whether
mandatory.
Civil Practice and Procedure - Temporary injunction - Application for Principles for granting application.
Civil Practice and Procedure - Temporary injunction - Application to issue pending hearing of intended application for orders of certiorari and mandamus - No application for leave to apply for orders sought and obtained - Whether temporary injunction may issue.
Administrative law - Prerogative orders -Application for temporary injunction pending hearing of intended application for orders of certiorari and mandamus - No application for leave to apply for orders sought and obtained - Whether temporary injunction may issue.

Principles of Natural Justice - Accused refuses to cross-examine witnesses and give his defence - Whether denied a right of hearing.
Criminal Practice and Procedure - lack of confidence in magistrate - No reasons assigned - 8.65(1) Magistrates Courts Act 1984.
Evidence - Right to cross-examine and defend oneself- Refusal to exercise the right - Duty of the court.

Company Law - Appeals - Competence to - Whether court order to wind up a company makes it incompetent to appeal.
Civil Practice and Procedure - Appeals - Failure to obtain leave of the High Court -S.5(l) of the Appellate Jurisdiction Act, 1979 - Rule 44 of the Court of Appeal Rules - Whether makes the appeal incompetent - Delay in filing of notice of appeal - Effect.
Court of Appeal Rules - Appeals - Failure to obtain leave of the High Court - Effect - Rule 44 of the Court of Appeal Rules.
Court of Appeal Rules - Notice of appeal - Delay in filing notice of appeal - Effect.
Civil Practice and Procedure - Notice of motion - Delay in filing notice of appeal - Effect.

Evidence - Credibility - Whether trial judges’ refusal to accept evidence of witnesses of the appellant is irregular - Whether failure of PWs to make any reference to the “President” in
Their testimony is a material deftacting circumstance - Whether failure of petitioner to complain to the committee at a review meeting and the absence of any complaint by the said appellant in exhibit D.15 also detracted from the evidence of the case.
Election petition -Avoidance of election - Whether addressing rally
About personal achievements 01 past performance contravenes
8 s. 51(4), 97(a) and 108(3)(a) and necessarily calls for avoidance of election under ss. 97(a) and 108(3)(a) - Election Act, 1985. Election petition - Corrupt motive - Whether services through Tanzania Railways Corporation and Tanzania Dairies Ltd by respondent direct or for social development infer corrupt motive.

Civil Practice and Procedure - Preliminary objection - Whether sustainable where there is disclosure of cause of complaint.

Civil Practice and Procedure - Costs - Whether payable on withdrawal of appeal in civil matters - Rules 95 and 95(4) of Court of Appeal Rules.
Court of Appeal Rules - Costs - Whether payable on withdrawal of appeals in civil matters - Rules 95 Court of Appeal Rules.

Tort - Defamation - Libel - Damages - Whetherquantum ofdamages too excessive.
Tort - Damages - Assessment of - Whether quantum ofdamages to the tune of Shs 200,000/= not adequate.

Criminal Practice and Procedure - Bail - Application for Bail  pending appeal - Reasons for application - Chances of appeal succeeding - Whether same as overwhelming chances of success.

Customary Law - Adultery - Bride price - Marriage - Sukuma  customs and rites - S.25(2)(d) Law ofMarriage Act, 1971.

Insurance Law - Motor vehicle insurance - Motor Vehicle Insurance Ordinance Cap. 169 - Disqualification - Exemption from such disqualification because of special reason - Whether family dependence on driving a motor vehicle constitutes a special reason - Special reason must be special to the offence and not to the accused person.

Family Law - Adultery - Parties living together under the belief that they are duly married - Presumption of marriage.
Family Law - Damages - For adultery - Whether proof of marriage between parties necessary.
A Family Law - Presumption ofmarriage - Whether can be rebutted If it is proved that the parties had never gone through a ceremony of marriage.

Criminal Practice and Procedure - Appellate Jurisdiction - Charge -Neglect of official duty - Whether there was a specific law imposing a specific duty on the person charged - Sec. 121 of the Penal Code.
Criminal Practice and Procedure - Lawjul orders - Whether the order made by the District Commissioner is valid in the eyes of the law.
Criminal Practice and Procedure - Repealed laws - No similar laws in existence - Whether applicable.

Labour Law - Jurisdiction - Permanent Labour Tribunal - Whether
 the Tribunal has jurisdiction over a trade dispute which has not
been referred to the Conciliation Board as provided for by Section
40A of the Security of Employment Act, Cap. 574.
Labour Law - Limitation of time - Whether the Permanent Labour
Tribunal has Jurisdiction to hear dispute which has not been
 brought to it within the time specified.
Labour Law - Per incuriam decision - Tribunal refuses to entertain
a dispute by citing a decision which was made per incuriam -
whether Tribunal bound by the per incuriam decision.

Family Law - Enticement - Adultery - Assessment of damages for adultery or enticement - Court to have regard to the custom of the community to which the parties belong - Whether husband and wife were living together-S74 Law of Marriage Act 1971.

Labour Law - Labour dispute - Existence of- Letter from Secretary General of Juwata to Regional Secretary of Juwata instructing the latter to pursue a complaint - Whether evidences existence of a dispute.
Civil Practice and Procedure - Interlocutory injunction - Application  for - Principles governing power to grant such application.

Sale of Goods - Sale by seller in possession - Dispute as to ownership between the first buyer and second buyer - Section 27( 1) Sale of goods Ordinence Cap 214.

 Sale of Goods - Damages claim for special damages - Whether satisfactory proved.
 

Extradition Act, 1965 - Authority to extradite a person from the territory - Agreement between Tanzania and Federal Republic of Germany - Whether any legal arrangements in place - Evidence of.

Criminal Practice and Procedure - Sentencing - Sentence breaches  statutory provision - Effect.