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Nukuu
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Tarehe ya hukumu
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| Agosti 2025 |
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Contract – Custody of property pending tax collection – Measure of damages – Burden of proof in valuation – Judicial estimation of unproved property value – Right to be heard on unpleaded issues.
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25 Agosti 2025 |
| Mei 2025 |
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Criminal procedure – fair trial – procedural irregularities – mistrial and retrial ordered due to judicial bias affecting earlier proceedings.
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29 Mei 2025 |
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Civil procedure - fair hearing - adjournment due to pandemic - remote testimony permitted under Zanzibar Evidence Act 2016 - denial of adjournment constitutes fatal irregularity.
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29 Mei 2025 |
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Criminal Law – Abduction and defilement – Credibility of victim's evidence in sexual offense cases – Requirement of proof of abduction against parental will.
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29 Mei 2025 |
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Criminal Law – child abduction and defilement – credibility of victim's testimony – adequacy of evidence.
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29 Mei 2025 |
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Criminal law – appeal – burden of proof – credibility of evidence – discrepancies in prosecution's case
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29 Mei 2025 |
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Criminal Law – unnatural offence – credibility of prosecution evidence – discrepancies in dates and testimonies – reasonable doubt – appeal allowed.
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29 Mei 2025 |
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Contract law – Breach of sale agreement – Misrepresentation – Breach of no encumbrance clause – Refund and damages awarded.
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29 Mei 2025 |
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Criminal law - Rape and abduction - Credibility of victim's testimony - Procedural irregularity in exhibit admission - Variance in time of offense
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28 Mei 2025 |
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Criminal Law – Rape – Proving sexual offences – Reliance on corroborative evidence – Impact of procedural noncompliance on admissibility.
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28 Mei 2025 |
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Criminal law - Rape and Abduction - Procedural errors in magistrate transfer - Credibility of evidence - Proof beyond reasonable doubt
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26 Mei 2025 |
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Criminal law - defilement - identification evidence - procedural errors in evidence admission - child witness testimony.
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23 Mei 2025 |
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Civil Procedure - Conflict of interest - Advocates representing parties in cases where they drafted the contract in dispute.
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23 Mei 2025 |
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Criminal Law – Murder – Establishment of Prima Facie Case - Participation in unlawful act – Malice aforethought.
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22 Mei 2025 |
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Criminal Law – Defilement – Expert witness qualification and reliance on oral evidence after medical report is expunged.
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20 Mei 2025 |
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Civil procedure - appeal - validity of consent judgment - requirement of leave from High Court for appeal.
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20 Mei 2025 |
| Mei 2024 |
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Extension of time; Rule 10 Courts of Appeal Rules; technical delay doctrine; apparent illegality on face of decision; arbitration — section 66 & Third Schedule (Civil Procedure Decree) vs NCC rules; registration of award as High Court judgment; discretion to extend time.
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8 Mei 2024 |
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Criminal law – unlawful possession of narcotics – proof beyond reasonable doubt; Evidence – chain of custody – necessity of seizure list/certificate and independent witness; Evidence – admissibility and necessity of certificate of analysis to prove substance and weight; Right to legal representation – no automatic duty to inform or assign counsel in non‑capital trials; Appeals – circumstances permitting interference with concurrent factual findings.
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8 Mei 2024 |
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Criminal procedure — Admissibility of electronic records — Evidence Act s.73 — DPP’s right to appeal interlocutory orders — Appellate Jurisdiction Act s.6(2) and effect of Joseph Steven Gwaza — Finality versus interlocutory orders — Competence of appeal.
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8 Mei 2024 |
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* Criminal procedure – search without warrant – statutory requirement to issue seizure receipt and to have independent witnesses sign – failure renders seizure evidence unreliable. * Drugs Control Act – investigatory mandate vests in Drugs Control Authority but requires cooperation with Police; police assistance not per se fatal to prosecution. * Jurisdiction – assignment to Regional Magistrate with extended jurisdiction by Chief Justice valid; no prejudice shown by administrative file transfer.
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8 Mei 2024 |
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* Civil procedure – Stay of execution – Court of Appeal Rules, 2009, r.11 – timeliness (r.11(4)), required documents (r.11(7)). * Security for stay – r.11(5)(b) – firm undertaking to provide security may suffice; court’s discretion as to type and amount. * Matrimonial property – uncertain valuation pending government valuation – effect on security quantification.
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8 Mei 2024 |
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* Advocates' professional ethics – conflict of interest – advocate who drafted and witnessed transaction for both parties later representing one in litigation constitutes conflict and professional misconduct.
* Civil procedure – default judgment – proceedings tainted by counsel's conflict of interest are null and void and may be set aside.
* Remedies – nullification of proceedings and setting aside of default judgment; liberty to commence fresh suit.
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8 Mei 2024 |
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Civil procedure — Extension of time under Rule 10 — Good cause and discretion; Illegality as sufficient ground for extension; Jurisdiction — arbitration clause potentially ousting court jurisdiction; Limitation — pleadings indicating supply 1986–1988 and long delay; Burden of proof — alleged failure to require ex-parte proof.
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7 Mei 2024 |
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Evidence — Children; voir dire — need to test understanding of oath/affirmation, obtain promise to tell truth and admonition; s133 Evidence Act & s49 Children’s Act (Zanzibar) — unsworn child evidence improperly admitted must be expunged; retrial not ordered where remaining evidence is weak and ordering retrial would permit filling evidentiary gaps (Fatehal Manji principle).
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6 Mei 2024 |
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Civil procedure – Stay of execution – Rule 11(7) TCPR – requirement that application be accompanied by a notice of appeal – notice must clearly identify the decision appealed – misnumbered or incorrect notice of appeal renders stay application incompetent; preliminary objection upheld.
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6 Mei 2024 |
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* Criminal law – variance between charge particulars and prosecution evidence – material variance renders charge defective and requires amendment under s.219(1) CPAZnz.
* Criminal law – doctrine of recent possession – requirements: proof ownership, possession by suspect, recent theft, and that recovered items are subject of the charge.
* Evidence – identification of stolen property – necessity for specific, distinguishing marks and adequate witnesses to link recovered items to complainant.
* Procedural fairness – failure to amend a defective charge is fatal and prejudicial to the accused.
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6 Mei 2024 |
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Criminal procedure – alibi notice – duty of trial court to consider alibi despite non-compliance; Search and seizure – requirement for independent witnesses and contemporaneous documentation; Proof beyond reasonable doubt – failure to corroborate arrest/search undermines prosecution case; Informer – non-disclosure not fatal where informer did not participate in arrest.
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6 Mei 2024 |
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Criminal law – Corruption – Soliciting benefit corruptly – Essential elements include principal–agent relationship and corrupt solicitation in relation to principal's affairs; burden on prosecution to prove beyond reasonable doubt – Admissibility of exhibits – documents must be properly tendered and read into evidence – Witness inconsistencies and material contradictions may defeat prosecution case – Appeal as rehearing: appellate court re-evaluates evidence.
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3 Mei 2024 |
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* Criminal procedure – partly heard cases – transfer of trial between magistrates – successor must assign reasons under s.204(1) CPA.
* Constitutional and procedural fairness – right to be heard (audi alteram partem) – court raising issues suo motu must afford parties opportunity to address them.
* Procedural irregularity – failure to hear parties on a suo motu issue vitiates judgment – quash and order rehearing.
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2 Mei 2024 |
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Civil procedure — Extension of time under Rule 10 — "Second bite" applications — Requirement to account for delay unless illegality shown — Effect of litigant's illness, death and active court engagement on good cause — Relevance and limits of certificate of delay.
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2 Mei 2024 |
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* Civil procedure — Extension of time under rule 10 — discretionary exercise — account for each day of delay; factors: length, reasons, prejudice, conduct, illegality. * Withdrawal of stay application for technical defect may be excusable; human error not necessarily negligence. * Risk of execution rendering appeal nugatory is a relevant consideration in granting extension.
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2 Mei 2024 |
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Extension of time – Rule 10 and Rule 45A(1)(b) Court of Appeal Rules – "good cause" requires accounting for each day of delay; need for corroborating evidence; mere assertion of a "great chance of success" insufficient absent demonstrated illegality.
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2 Mei 2024 |
| Aprili 2024 |
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Criminal law — burden of proof — prosecution must establish guilt beyond reasonable doubt; suspicion insufficient. Tax evasion — elements include intentional conduct of business and failure to be a registered taxpayer or pay due tax. Abuse of office — requires proof of intentional misuse of position to obtain undue advantage; secondary charge may fail if primary offence not proved. Abatement — appeal against a deceased appellant/respondent abates under procedural rules.
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30 Aprili 2024 |
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Civil procedure – extension of time to serve memorandum and record of appeal – delay caused by court registry’s failure to supply filed copies – sufficiency of cause under Rule 97(1) and discretionary power to extend time – unopposed application; alleged illegality not considered.
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30 Aprili 2024 |
| Novemba 2023 |
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Criminal law – Sexual offences – Sufficiency and credibility of victims’ evidence – Material contradictions and delayed reporting – Documentary evidence (PF3): admission and requirement to read contents; failure to read is incurable – Trial court’s duty to evaluate defence evidence – Appeal dismissed.
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2 Novemba 2023 |
| Agosti 2023 |
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Civil procedure — Extension of time — Rule 10 Court of Appeal Rules — applicant must account for delay but technical delay excusable; diligence required. Illegality — apparent illegality of impugned decision justifies enlargement of time. Jurisdiction — when concurrent proceedings in different jurisdictions and commencement of statute raise arguable points, appealability should be allowed. Authorities — Bushiri; Lyamuya; Fortunatus Masha; Principal Secretary v. Devram Vallambia.
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9 Agosti 2023 |
| Juni 2023 |
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Jurisdiction – Kadhi's Court exclusive jurisdiction over Muslim matrimonial matters – pleadings converting civil suit into matrimonial dispute – wrongful assumption of jurisdiction by High Court renders proceedings a nullity – invocation of section 4(2) AJA to set aside decree; refer to Kadhi's Court Act.
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13 Juni 2023 |
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Criminal law – proof beyond reasonable doubt; visual identification at night – Waziri Amani principles; variance in particulars – duty to amend under s.219 Criminal Procedure Act; failure to tender exhibits and negative/absent DNA evidence; appellate interference with concurrent findings when misdirection/non-direction exists.
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12 Juni 2023 |
| Juni 2022 |
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Criminal procedure – Arraignment and plea – Mandatory requirement under section 250 CPA; failure to read information and take plea renders trial a nullity; retrial discretionary – not ordered where it would enable prosecution to fill gaps in evidence; appellate revision under s.4(2) AJA to quash conviction and order release.
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17 Juni 2022 |
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Criminal law – appellate procedure – appellate court must not decide issues not raised by parties; breach of right to be heard nullifies judgment; Evidence – child witnesses – voir dire must establish sufficient intelligence and understanding of duty to tell truth before admitting evidence; omission renders evidence invalid and may be expunged; insufficiency of remaining evidence defeats conviction.
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17 Juni 2022 |
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* Land Tribunal — Composition and mandatory participation of chairman plus two assessors — Sections 5, 7 and 37 Land Tribunal Act. * Assessors — An assessor must hear the whole trial to participate in decision-making; assessor changes during trial may vitiate proceedings. * Procedural nullity — Improperly constituted Tribunal renders its proceedings and subsequent appeals nullity; retrial de novo required.
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17 Juni 2022 |
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* Civil procedure – extension of time – service of notice of appeal under rule 84(1) – requirement to serve respondent after lodgement. * Exercise of judicial discretion guided by Lyamuya factors: reason for delay, length of delay, diligence, prejudice. * Retrospective enlargement of time to the date of actual service. * Effect of notice of appeal on execution under Tax Revenue Appeals Act/rules.
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17 Juni 2022 |
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Kadhi's Court jurisdiction – Exclusive jurisdiction over division of matrimonial assets between Muslims where there is actual contribution (Kadhi's Court Act); Civil procedure – Misjoinder of causes of action and Order II r.6 CPD; Jurisdictional defect – Proceedings and award made without jurisdiction are a nullity and subject to quashing under Appellate revisional powers (s.4(2) AJA).
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16 Juni 2022 |
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Criminal procedure — Improper tendering of exhibits by prosecutor after witness evidence — Denial of opportunity for cross-examination — Expungement of exhibit; Chain of custody — handover letter not required within same office; Condition of exhibits due to storage; Legal aid — no duty to inform/provide state-funded counsel unless indigence established and requested; Search — independent witness requirement applies to premises, not person; Appellate judgment — must show reasons and issues for determination.
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16 Juni 2022 |
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Jurisdiction — Kadhi's Court exclusive jurisdiction over Muslim personal law matters including division of matrimonial assets — High Court lacked jurisdiction — jurisdictional defect renders proceedings and judgment a nullity — court's duty to address jurisdiction suo moto even where counsel withdraws objection.
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16 Juni 2022 |
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Appeal — interlocutory rulings — non-appealable interlocutory decision; Appellate jurisdiction — leave to appeal — s.87(1) Labour Relations Act confers automatic right of appeal; Civil procedure — record of appeal — omission of drawn order — curable under rule 96(7) by supplementary record.
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16 Juni 2022 |
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Appealability — interlocutory orders; judgment on admission (Order XIV r.6 CPD) — does not dispose of all rights; section 5(2)(d) Appellate Jurisdiction Act — appeal only where interlocutory order finally determines the suit; nature-of-order test (Bozson test) applied.
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16 Juni 2022 |
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Civil procedure — Appeal — Record of appeal — Omission or disorderly arrangement of pages — Rule 96(1)(g), rule 96(7) — Certificate of record — Rule 96(5) — Substantial compliance — Overriding objective — Curable defects.
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14 Juni 2022 |
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Civil procedure – setting aside ex parte judgment – sufficiency and proof of service of summons; exercise of judicial discretion; corporate service requirements (Order XXXIII r.2 CPD); adjournments and readiness to proceed; Order provisions on setting aside ex parte decrees.
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14 Juni 2022 |
| Disemba 2021 |
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Civil procedure — Pecuniary jurisdiction — General damages do not determine jurisdiction; declarations and non-liquidated claims fall within High Court jurisdiction — Right to be heard — Trial court misapplied Order XX r.2 instead of r.3 when parties present but witness absent — Proceedings and judgment of 19 July 2018 quashed and matter remitted for continuation.
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3 Disemba 2021 |