|
Nukuu
|
Tarehe ya hukumu
|
| Septemba 1997 |
|
|
Judicial review — functus officio — judge cannot suo motu vary earlier order without review application; procedural fairness — parties must be heard before varying orders; Immigration law — judicial direction to issue entry permits/special passes.
|
26 Septemba 1997 |
| Agosti 1997 |
|
|
Civil procedure – Appeals – Requirement of leave to appeal and contents of record of appeal (Rules 76, 83, 89) – Effect of absent leave: appeal not instituted – Rule 3 discretion to depart from Rules in the interest of justice must protect both parties – Established practice: strike out or deem withdrawal of notice of appeal – Costs under Rule 84(a).
|
1 Agosti 1997 |
| Julai 1997 |
|
|
Criminal law – Identification evidence – Visual identification at night – Danger of unsafe convictions where identification is uncertain or conditions (darkness, fleeing crowds) impair reliability. Appellate review – Misdirection by judge regarding facts not supported by record may vitiate decision
Procedure – Impropriety of remanding accused after bail at prosecutor’s request in anticipation of appeal
|
4 Julai 1997 |
|
Civil procedure – Execution of decrees – Whether a lower court may order execution while an application for stay is pending before a superior court – Importance of challenging the correct order (registrar’s execution order versus later follow-up order of a judge).
|
4 Julai 1997 |
|
(Appeal from the judgment of the High Court of Zanzibar at Zanzibar, Dahoma J) Civil Practice and Procedure - Appeals - Requirements - Order Hl Rule 3 of the Zanzibar Civil Procedure Decree Cap 8
|
4 Julai 1997 |
| Februari 1997 |
|
|
Contract law – Representation as partnership – Section 238(1) Law of Contract Decree – liability arising from conduct and representation. Contract evidence – Written undertaking as guarantee – Exhibit PI held to be clear guarantee inducing delivery
Evidence – Rejection of alleged receipts and documents as forged or irrelevant where authorship and materiality not established. Civil procedure – Death of party after close of hearing – Order XXVI Rule 6 and Section 129 preserve proceedings; substitution of legal representative permitted
|
26 Februari 1997 |