Tanzania Law Reports - 2003

Agency - Suspension of agent - Agent transacts business during suspension -
Whether agent entitled to commission.
Agency - Agent suspended - Agent transacts business partly using facilities of
the principal - Whether agent entitled to same amount of commission.
Agency - Agents right to remuneration - General rule and exceptions to the
general Rule - Calculation of agents commission.

Civil Practice and Procedure - Ex-parte judgement - Application for extension
of time to apply to set aside ex-parte judgment and (b) setting aside -
What the Court must consider in the application.

Family Law - Matrimonial Property - Contribution to the acquisition of &
matrimonial property - Whether contribution by the wife must be direct
and monetary.
Family Law - Matrimonial Property - Division of matrimonial properties -
Property acquired through proceeds from the businesses of both spouses
- Whether the wife has a right to such property.
Family Law - Matrimonial property - Division of matrimonial properties -
Proportion of the property that the wife may be entitled to.

Civil Practice and Procedure - Appeals - Record of appeal - Certificate of 
delay that must be contained in the record of appeal — Certificate issued
before preparation and delivery of a copy proceedings to the appellant
- Whether proper - Rule 83(1) ofthe Court ofAppeal Rules.

Civil Practice and Procedure - Appeals - Preliminary Objection to an Appeal - 
Application to amend kcord of appeal made after a preliminary objection
has been made against the competence of the appeal - Whether such
application may be entertained.

Civil Practice and Procedure - Appeals - Notice of Appeal — Parties that are to 
be served with the Notice of Appeal - Section 77(1) of the Court of Appeal
Rules 1979.
Natural Justice - Principles of natural justice — Right to be heard - A party to
be directly affected by an appeal but was not a party to proceedings at the

Civil Practice and Procedure — Plaint - Striking out an incompetent plaint -
Power to strike out an incompetent plaint - Whether striking out such
plaint amounts to rejection in terms of Order VII, rule 11(c) of the Civil
Procedure Code 1966.
Civil Practice and Procedure - Rejection of incompetent plaint - Power to reject
an incompetent plaint - Whether rejection plaint may give rise to decree
as defined under section 3 of the Civil Procedure Code 1966.
Civil Practice and Procedure - Appeal - Right to appeal - Decision made under
Order VII, rule 11(c) of the Civil Procedure Code 1966 - Whether appellable
as of right or by leave.

Civil Practice and Procedure - Limitation of Actions - Action for declaratory
orders - Limitation period for an action for declaratory orders - Law of 
Limitation Act 1971, first Schedule, Part I, item 24.
Limitation of Actions - Torts -Action for the tort of trespass to goods - Point in
time when the tort becomes actionable.
Torts - Tort of Conversion -..Factors constituting the tort of conversion. 
Limitation of Actions — Torts - Tort of conversion - Running of time against an
action for conversion - Point when time starts to run.

Criminal Practice and Procedure - Charges - Charge of stealing by servant -
Sections 265 and 271 of the Penal Code Chapter 16.
Criminal Practice and Procedure - Charges - Charge of stealing of property
 followed by a charge of being in possession of property unlawfully acquired
- Charge of being in possession of property unlawfully acquired relating
to property acquired by using proceeds of the theft - Whether the charge
is proper.
Criminal Practice and Procedure - Sentencing - Compensation order — A 
compensation order must be precise and must show the law under which it
is made.

Customary Land Law - Wills - Will witnessed by six witnesses - Whether the will
is valid.
Customary Law -Inheritance - Whether clan land may be bequeathed to female
heirs - Customary Law of Inheritance, G N 436 of 1960.

Civil Practice and Procedure - Jurisdiction - When the issue of jurisdiction
may be raised - Whether the issue of jurisdiction may be raised at the
stage of appeal .
Civil Practice and Procedure - Originating Summons - Matter preferred in
Regional Magistrate’s Court by Originating Summons — Whether the
Regional Magistrate's Court has jurisdiction to hear matter preferred by 
Originating Summons.

Tort - Vicarious liability - Whether master alone can be sued without joining
The Tort-feasor.
Tort- Vicarious liability - Vicarious liability for murder - Unauthorised wrongful
killing ofthe deceased by police officers - Whether criminal liability may
be attributed to the mafter.
Government Liability - Vicarious liability of the Government - Unauthorised
wrongful killing of the deceased by police officers - Whether the
Government is vicariously liable - Section 3(4) of the Government
Proceedings Act 1967.
Tort - Relief- Grant of relief sought — Written Statement of Defense is only
evasive with general denials - Whether Court should grant the relief sought
without further proof by the plaintiff.
Tort - Damages - Assessment of damages - Assessment of damages awardable to dependants - Working life of the deceased husband and widow’s chances of remarriage as factors in assessing damages.
Human Rights — Abuse of human rights by Government organs - Right to
adequate compensation - Whether holding the Government vicariously
liable for acts of its servants will open flood gates of litigation.

Civil Practice and Procedure - Res judicata - In the previous case the plaintiff,
sued the defendant for a declaration that he (the plaintiff) was not in
breach of agreement with the defendant and for an order determining the < agreement - In the subsequent suit the same plaintiffsues the same
defendant for a declaration that it was the defendant who was in breach
of the agreement - Whether the doctrine of res judicata applies - Section
9 of the Civil Procedure Code 1966.

Criminal Practice and Procedure -Appeals - Appeals by the Director of Public
Prosecutions - Notice of Appeal filed by the Regional Crime Officer -
Whether such appeal properly before the Court - Sections 279, 370 and
379(a) of the Criminal Procedure Act 1985.
Criminal Practice and Procedure - Appeals - Notice of Appeal by the Director
of Public Prosecutions — Meaning of Director of Public Prosecutions -
Section 377 of the Criminal Procedure Act 1985.
Statute - Interpretation of statute - Cross references to sections in the same
statute - The Criminal Procedure Act 1985 - Meaning of the word “section ”
in section 377 of the Criminal Procedure Act 1985.

Appeals - Appeal to the Court of Appeal - Notice of Appeal - Whether Notice
of Appeal filed in the sub registry of the Court of Appeal and signed on
behalf of Deputy Registrar of the Court of Appeal is valid.
Appeals - Appeals to the Court of Appeal — Notice of Appeal — Filing of the
Notice of Appeal - Notice of Appeal to be filed in the High Court — Rule
76(1) of the Court of Appeal Rules 1979.
Court of Appeal - Court of Appeal Rules - Notice of Appeal - Form of the
Notice of Appeal - Notice of Appeal to be in Form  in the first Schedule
to the Court of Appeal Rules - Rule 76(6) of the Court of Appeal Rules
1979.

Landlord and Tenant - Period of rent payable - Lease states the amount ofrent
payable per square metre but does not state whether per month or per
annum - Determination of period of rent.
Landlord and Tenant - Lease - Notice to terminate lease - Receipt of rent due
after issue of notice to terminate lease - Whether receipt of rent by the
lessor after notice of termination is issued operates as waiver ofthe notice.
Civil Practice and Procedure - Pleadings - Matter not pleaded — Whether Court
may decide a matter which was not pleaded.
Stamp Duty - Obligation to pay stamp duty - Lessor pays stamp duty on a lease
instead of the lessee - Whether the lessor may recoverfrom the lessee the
amount paid as stamp duty.

Civil Practice and Procedure - Affidavits - Pleading by affidavits - Whether a
rejoinder to a Reply to a Counter Affidavit is permissible
Appeal - Locus standi in appeals - Whether a person who was not involved in
original proceedings has capacity to bring appeal - Rule 76(1) of the.
Court ofAppeal Rules 1979.
Court ofAppeal - Court ofAppeal Rules 1979 - Notice ofpreliminary objection
-Whether omission to cite provision under which the objection is brought -
is fatal.
Natural Justice - Right to be heard - Right to land revoked without a hearing -
Decision reached without regard to natural justice.
Constitutional Law - Basic Rights - Basic rights guaranteed protection by the
Constitution -Right to befully heard enshrined in the Constitution -Article
13(6)(a) of the Constitution of Tanzania.
Constitutional Law - Separation ofpowers andfunctions - Power to grant and
revoke rights to land - High Court makes orders granting and revoking
rights of occupancy - High Court infringing doctrine ofseparation of
powers by usurping powers of the executive.

Civil Practice and Procedure - Costs - Costs ofa suit -Award ofcosts ofa suit
where no prayerfor costs is made in the plaint - Whether award of costs
to the successful party is automatic
Civil Practice and Procedure - Precedent - Decisions by judges of the same
Court - Judges of the same Court not to give conflicting decisions.

Appeals - Appeals to the Court of Appeal - Requirement of leave to appeal
under the Appellate Jurisdiction Act 1979 -- Written law providing for
automatic right of appeal - Whether leave to appeal is still necessary
requirement - Section 5(1) of the Appellate Jurisdiction Act 1979 and
section 17(5) of the Law Reform (Fatal Accidents and Miscellaneous
Provisions) Ordinance Chapter 360.
Natural Justice - Right to be heard - Right of Occupancy revoked after receipt
of a letter from the respondent explaining why his right of occupancy
should not be revoked - Whether there was breach of natural justice.

Civil Practice and Procedure - Damages - Damages not pleaded - Whether
damages not pleaded are awardable - Order VII rule 7 of the Civil
Procedure Code 1966.
Civil Practice and procedure - Interest on damages - Whether bank rate
applicable - Order XX, rule 21 of the Civil Procedures Code 1966.

Evidence - Confession - Admissibility of confessions - Confession contained n
in a statement involuntarily made - Whether admissible - Sections 27, 28
and 29 of the Evidence Act 1967.

Administrative Law — Administrative action - Challenging an administrative
action for being unconstitutional - Whether an application under section
4 ofthe Basic Rights and Duties Enforcement Act 1994 is the only way of
challenging such action.
Constitutional Law — Administrative Action - Resistance to an unconstitutional
administrative action - Whether an application under section 4 of the
Basic Rights and Duties Enforcement Act 1994 is the only way.

Civil Practice and Procedure - Applications — Application for extension of time
to file a written statement of defence - Whether extension can be made at
any time or is restricted to within 21 days after expiry of the time provided
- Section 93 and Order VIII, rule 1(2) of the Civil Procedure Code 1966.

Insurance - Consequential loss -Whether loss of business falls undei
consequential loss.
Contract - Contract of insurance — contract containing an exclusionary clause
- Whether insurer can take cover under the exclusionary clause.
Insurance — Contract of insurance - Breach of contract of insurance - Period
of blameworthiness on part of insurer.

Criminal Practice and Procedure - Review - Application for review before Court
of Appeal - Period of limitation for such application. ■'
Criminal Practice and Procedure - Review - Application for review - Delay in
lodging application - Grounds for delay - Whether laxity and incompetence
of advocate is an excuse for delay.
Criminal Practice and Procedure - Review -Application for review - Preliminary
objection to review - Application out of time and circumstances relied
upon not disclosed.
Criminal Practice and Procedure - Limitation - Whether the Court is subject to 
The Law of Limitation Act 1971 - Whether rules of the Court prescribe a
limitation period for review.

Government Proceedings - Suits against the government - Application for
temporary injunction - Whether an order of temporary injunction may be
issued against the Government — Section 11 ofthe Government Proceedings
Act 1967.

Company Law - Receivership - Whether directors divested of power to challenge
The receivership itself.
Civil Practice and Procedure - Parallel suits between same parties involving
the same issue - One filed in the Commercial Division while another is
pending in the High Court at Tanga — Subsequent suit struck out — Order
4, rule 1(3) as amended in GN 140 of 1999.
Advocates - Appearance in Court proceedings - Party to an action also
appearing as advocate in the same case - Conflict of interest.