Karibu Katika Mfumo wa Taarifa za Maamuzi, Sheria na Kanuni za Tanzania

TanzLII ni tovuti ya Serikali ya Tanzania inayochapisha maamuzi, sheria na kanuni bure mtandaoni. TanzLII inaruhusu ufikiaji bure wa maamuzi, sheria na kanuni za Tanzania na ni mwanachama wa Jumuiya ya Afrika ya LIIs.

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Recent Judgments

Applicant failed to show sufficient cause for an extension of time to appeal under section 44(2) LDCA.
Civil procedure — Extension of time under s.44(2) LDCA; sufficiency of cause; need to account for each day of delay; inadequacy of bald/unspecific affidavit; technical name defect not automatically sufficient
2 April 2026
Chemist confirmed drugs, but contradictions and broken chain of custody prevented linking the accused, resulting in acquittal.
Drug trafficking — corpus delicti established by Government Chemist — insufficiency of link to accused due to contradictory seizure evidence — broken/unexplained chain of custody — acquittal and disposal/return orders
2 April 2026
Applicant’s dismissal set aside for lack of evidence of theft; awarded compensation, notice pay and severance.
Labour law — unfair termination; proof of misconduct — insufficiency of circumstantial evidence; disciplinary procedure — investigation report and service; remedies — compensation, notice pay, severance; repatriation costs — contractual interpretation of 'point/place of hire'
1 April 2026
Insufficient identification, uncorroborated retracted confession and misapplied common intention rendered the murder conviction unsafe.
Criminal law – Murder – visual identification at night; necessity for clear description and caution
Criminal procedure – cautioned statements – retraction and requirement of corroboration
Criminal liability – doctrine of common intention under s.23 Penal Code – requires joint charging/trial and independent proof of co-perpetrator's role
Witness credibility – interested witness needs careful scrutiny and corroboration
1 April 2026
The applicant failed to prove full loan repayment and excess payment; appeal dismissed and security retention upheld.
Banking and contract law — Loan repayment and security — Burden of proof on claimant to prove full repayment on balance of probabilities — Bank’s retention of title as security justified where debt not shown to be discharged — Admissibility and probative value of loan agreement, facility letters, invoices and bank statements — "Zero" balance on bank statement not necessarily conclusive of debt discharge
1 April 2026
Unswo rn and unadopted witness statements admitted in a commercial trial vitiated proceedings; judgment quashed and remitted for retrial.
Commercial law – admissibility of witness statements under High Court (Commercial Court) Rules – requirement of oath/affirmation and adoption – unsworn/unadopted statements inadmissible – irregular admission vitiates proceedings – expunction, quash and remittal for retrial
1 April 2026
Material variance between the charge date and the victim's evidence undermined the prosecution, leading to quashing of the conviction.
Criminal law — Charge particulars — Material variance between charge and evidence (date of offence) — Amendment under Criminal Procedure Act required — Sexual offences — Victim’s inconsistent testimony and credibility — Conviction invalidated
1 April 2026
Failure to prove arm's-length intra-group storage charges permitted adjustment of VAT base and lawful interest on unpaid tax.
VAT — Fair market value — Section 18 VATA — Supplies to connected persons — Arm's-length pricing — Burden of proof on taxpayer to produce lease agreements/invoices — Lease versus gratuitous business arrangement — Interest on delayed VAT under Tax Administration Act
1 April 2026
Whether an added phrase in a police statement's certificate vitiates s.11(7) CPA compliance and renders it inadmissible.
Criminal Procedure Act s.11(7) – certification of recorded statements – requirement to state "faithfully and accurately"; Evidence Act s.36(2)(f) – read-over and maker's approval; admissibility of documentary evidence; court's discretion under Evidence Act s.154
1 April 2026
A grantor of an easement may sue for encroachment; encroaching structures must be removed, not ownership declared.
Land law – Easement – Encroachment by neighbour’s permanent structure – Locus standi of grantor of easement to sue – Demolition remedy
1 April 2026
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Recent Legislation

Government Notice 78 of 2026 13 March 2026
Government Notice 77 of 2026 13 March 2026
Government Notice 76 of 2026 13 March 2026
Government Notice 81 of 2026 13 March 2026
Government Notice 79 of 2026 13 March 2026
Government Notice 75 of 2026 13 March 2026
Government Notice 70 of 2026 20 February 2026
Government Notice 686 of 2025 19 December 2025
Government Notice 685 of 2025 19 December 2025
Government Notice 690 of 2025 19 December 2025
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Collections

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Mediation and Conciliation Library
Pocket Law

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Pocket Law