TanzLII Case Digest

Criminal Procedure – Bail Application – Conditions for Bail

Constitutional Law – Fundamental Rights and Freedoms - Right to Bail

Civil Procedure – Small Claims – Territorial jurisdiction

Constitutional Law – Fundamental Rights and Freedoms – Right to be Heard

Land Law – Ex parte proceedings – Regulation 13(2) of the Land Disputes Courts (District Land and Housing Tribunal) Regulations

Constitutional Law – Basic Rights - Right to be heard 

Family Law – division of matrimonial property – factors to be considered in dividing matrimonial property – criteria to be used to identify matrimonial property – Law of Marriage Act, cap 29, RE 2019, section 114.

Family Law – custody and maintenance – maintenance of infant children vis-à-vis children over 18 years – meaning of infant child – whether maintenance orders could be issued for children above 18 years old – Law of Child Act, cap 13, RE 2019, sections 26, 48 and 44.

Criminal Law – Rape – Appeal

Evidence – Standard of Proof – Victim Credibility

Constitutional Law – Fundamental Rights and Freedoms - Right to Defence

Civil Practice and Procedure – extension of time –  to file appeal –  requirements for extension of time to file an appeal at the Court of Appeal – whether the existence of a point of law of sufficient importance constituted a good cause for extension of time.

Statutesi – interpretation of – rule 21 of the Judicature and Application of Laws (Electronic filing) Rules 2018 – whether there was a lacuna in rule 21 of the Judicature and Application of Laws (Electronic filing) Rules 2018, which provided for electronic filing of documents for court use, which called for a decisive guideline from the court.

Civil Practice and Procedure - stay of execution - pending appeal - threshold for grant of stay of execution of a judgment and decree pending appeal - provision of security for performance of the decree as a condition precedent to the grant of stay of execution - whether charged property could double as security for performance of a decree - Court of Appeal Rules, 2009, rule 11

Labour Law – employment – termination of employment – retrenchment – conditions required for retrenchment to qualify as being fair – whether termination of employment was fair where it was occasioned by a government directive requiring renovation of hospital buildings – Employment and Labour Relations Act, 2004, section 37(2) and 38; Employment and Labour Relations Act, (Code of Good Practice) Rules G.N. No. 42 of 2007, rule 8.

Constitutional Law – Separation of Powers – Executive Interference in Judicial Functions

Constitutional Law –  Due process – Ministerial discretion to extend limitation periods

Constitutional Law – Bill of Rights – Right to Access to Justice

Criminal Law – Rape – Appeal

Evidence - Credibility of Evidence – Admission of Exhibits 

Constitutional Law – Fundamental Rights and Freedoms - Right to a Fair Trial

Civil Practice and Procedure - limitation of actions - computation of time - claim seeking to file a suit to recover a parcel of land belonging to a deceased person - when limitation period would begin to run - whether computation of time for purposes of limitation of actions would be pegged on the date of the death of the deceased person.

Words and Phrases - functus officio - definition of - Latin "having performed his or her office" (of an officer or official body) without further authority or legal competence because the duties and functions of the original commission have been fully accomplished - Black’s Law Dictionary, Thomson Reuters; 11th edition

Civil Practice and Procedure - suits - institution of - suits initiated through a power of attorney - whether a person who was in the court's jurisdiction could appoint another person by a power of attorney to prosecute a case in court on his behalf - Civil Procedure Code, order III rule 2(a).

Land Law - disposition of land-disposition of an interest in land through a power of attorney - requirement for a power of attorney registered -  whether a power of attorney registered under Registration of Documents Act, cap 117 instead of the Land Registration Act could be validly used to dispose an interest in land - Land Registration Act section 96(1).

Civil Practice and Procedure – injunctions – factors to consider in granting injunctions – public interest or public policy –  applicants seeking  declaratory order stopping the dumping of waste in their premises on grounds of public policy – claim that if declaratory order was issued, environmental policy and health policy would be affected thus affecting public policy –  whether a court ought to take consideration public interest or public policy before granting an injunction stopping dumping of waste

Constitutional Law – Union Matters – Jurisdiction of High Court 
Constitutional Law – Locus Standi – Public interest litigation by individuals
Civil Procedure – Joinder of parties – Whether improper joinder renders petition invalid

Constitutional Law-Administration of Justice-Function of Courts and Tribunals-Whether the tribunals are not bound by rules of evidence

Evidence-Unsworn statements -Administration of oath-Whether courts and tribunals can decide cases basing on unsworn statements

Labour Law -employment - termination of employment - retrenchment - requirements for a valid retrenchment notice - whether notice of retrenchment issued few hours to retrenchment was reasonable - Employment and Labour Relations Act, Cap 366, sections 38 (1) and (2); 40 (1) (c)

Land Law – Rectification of Land Register – Setting Aside Rectification

Constitutional Law - Fundamental Rights and Freedoms – Right to a Fair Trial

Ex Parte Proceedings – Setting Aside Ex Parte Judgment – Service of Summons 

Constitutional Law – Fundamental Rights and Freedoms - Right to a Fair Trial

Criminal Procedure – Illegal Search – Search conducted without warrant 

Criminal procedure – Evidence – Admissibility of evidence

Constitutional Law – Fundamental Rights and Freedoms- Right to privacy

Constitutional law - Natural Justice - Right to be heard - whether the Learned High Court judge acted irregularly and illegally by raising an issue while composing his judgment without according parties right to address the issue

Criminal Law – disposal orders – of perishable exhibit – failure to procure participation of the suspect at the session seeking to secure a disposal order – effect of – whether this violated suspects’ right to be heard - Wildlife Conservation Act, 2009, section 101 (1) (a) (i) and (2): Police Force and Auxiliary Services Act, section 47 (1) and (5)

Statutes – interpretation of – section 101 (1) (a) (i) and (2) of the Wildlife Conservation Act, 2009 – lacuna in section 101 (1) (a) (i) and (2) of the Wildlife Conservation Act, 2009 in failing to provide the procedure of issuance of disposal orders of perishable government trophy – interim measures that court could issue to guide issuance of disposal orders pending the enactment of the regulations – Wildlife Conservation Act, 2009, section 101 (1) (a) (i) and (2): Police Force and Auxiliary Services Act, section 47 (1) and (5)

Civil Practice and Procedure – revisions – timelines for lodging revisions - limitation period within which to lodge a revision to the High Court – against decisions of the District Land and Housing Tribunal – Land Disputes Courts Act, Cap 216 R.E. 2019, sections 38(1), 41 and 43(1); Law of Limitation Act, Cap. 89 R.E.2019, section 14(1) and item 21 of Part III of the Schedule.

Constitutional law - Natural Justice - Right to be heard - Whether the Learned trial magistrate acted irregularly and illegally by raising an issue while composing his ruling without according parties right to address the issue

Family law - Marriage Conciliation Board - Jurisdiction - whether the ward conciliation board has jurisdiction to hear parties who contracted Christian marriage

Civil Procedure – Execution - Bill of Costs

Constitutional Law – Fundamental Rights and Freedoms - Right to be Heard

Statutes – interpretation of – rule 18(5) of the Employment and Labour Relations (Code of Good Practice) – whether rule 18(5) of the Code of Good Practice extended to the issuance of warning - Employment and Labour Relations (Code of Good Practice), Government Notice No. 42 of 2007, rule 18(5).

Civil Practice and Procedure –suits – proceedings – takeover of proceedings by a successor magistrate or arbitrator – whether a successor arbitrator could take over proceedings due to supervening circumstances - Employment and Labour Relations Act [Cap. 366 R.E. 2019], section 88(2)(a); G.N. No. 67 of 2007, rule 18(1); Civil Procedure Code order XVIII rule 15(1).

Labour Law – employment - termination of –on grounds of poor work performance - failure to give reasonable time for improvement - whether termination was unreasonable - Employment and Labour Relations (Code of Good Practice), Government Notice No. 42 of 2007 rule 18(3).

Labour Law – employment - termination of employment – termination of employment on the grounds of poor work performance - requirements - issuance of warning letters – whether the issuance of a warning could be dispensed of for managers or senior employees before termination of employment on the ground of poor work performance - Employment and Labour Relations (Code of Good Practice), Government Notice No. 42 of 2007, rule 18 (4) and (5).

Courts - jurisdiction –High Court –time within which to lodge a civil appeal to the Court of Appeal - role of High Court in fixing time within which to lodge a civil appeal to the Court of Appeal – Appellate Jurisdiction Act, Cap. 141, section 11(1); Land Disputes Courts Act, Cap. 216, section 47(1); Tanzania Court of Appeal Rules, 2009, rule 90.

Criminal Procedure – Pleas – Equivocal Plea

Constitutional Law – Fundamental Rights and Freedoms – Right to Appeal

Civil Procedure – Discretion of the Court - Extension of time

Constitutional Law – Fundamental Rights and Freedoms - Right to be heard

Administrative Law – public officers – president’s powers to retire public officers in the public interest – procedure for retiring public officers in the public interest – failure by president to give reasons for retiring applicant in the public interest – validity of president’s decision – Public Service Act, cap 298 RE 2019, Section 24(1); Regulation 29(1), and Order F40

Administrative Law – judicial review – certiorari – applicant seeking to quash the president’s decision to retire him in the public interest – failure by president to give reasons for retiring applicant in the public interest – whether president’s decision was ultra vires and against the rules of natural justice

Contract Law-guarantee agreements-nature and scope of guarantee agreements-factors to determine the existence and length of guarantee agreements-risks associated with agreements- purpose and risk of guarantee agreements.

Contract Law-guarantee agreements-termination of guarantee agreements-rights and obligations arising from a guarantee agreement-requirement for guarantee agreements to specify obligations of the guarantor to the lender - whether there was a guarantee agreement executed between parties.

Mortgages and Charges-validity of mortgage documents - test for validity - dispute with regards to contents of the documents signed vis-a-vis the documents registered with registrar of titles- test for validity of mortgage documents registered by a charge with the registrar but disputed by the chargor.

Courts – jurisdiction – labour court – jurisdiction to interpret an organisation’s constitution – whether the Labour Court had jurisdiction to interpret an organization’s constitution – Employment and Labour Relations Act, sections 53 and 94(1).

Constitutional Law - Basic Rights - Right to Appeal - Whether right to appeal is a constitutional right

Criminal Procedure - Appeal - Time to Appeal - Whether time to appeal starts running after the deliverance of the judgment or after obtaining copies of Judgment

Criminal procedure – evidence – victim testimony – where were former Presidents of the United Republic of Tanzania – whether it was necessary to present the testimonies of the Presidents.

Criminal Law – offences – publication of false information –ingredients to be proved in an offence of for publication of false information – Cybercrimes Act No. 14 of 2015, section 16.

Words and Phrases – computer system – definition of – computer system means a device or combination of devices, including networks, input and output device capable of being used in conjunction with external files which contain computer programmers, electronic instructions, input data and output data that perform logic, arithmetic, data storage and retrieval communication control and other functions.

Constitutional Law – Fundamental Rights and Freedoms – Right to be Heard

Labour Law – employment – termination of employment employee’s misconduct while off-duty or outside the workplace – validity of termination – Code of Good Practice, rule 12.

Constitutional Law – fundamental rights and freedoms - right to fair hearing – right of the accused to receive a clear and reasoned judgment - whether a judgment that lacked clarity in regard to counts  on which an accused was convicted and why they were sentenced on different counts violated an accused person’s right to fair trial - Constitution of the United Republic of Tanzania of 1977, article 13(6)(a).

Criminal Procedure – evidence – failure to consider the defence and prosecution evidence before entering conviction – effect of in judgment - Criminal Procedure Act, sections 235(2), 312(1) and 388.

Jurisdiction –appellate courts – jurisdiction to interfere with judgments of lower courts – where findings of a trial court and sentence meted out were full of uncertainties as to counts appellants were found guilty/convicted and sentenced - applicable remedy- Appellate Jurisdiction Act, section 4(2).

Civil Practice and Procedure - Limitation of actions - waiver of limitation