Court of Appeal Zanzibar Registry - 1999

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  • Court of Appeal Zanzibar Registry
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  • Majaji
  • Alfabeti
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4 hukumu
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Disemba 1999
Civil Procedure - Time limits for filing appeals - necessity of attaching court decision to appeal application - concurrent jurisdiction in granting leave to appeal
13 Disemba 1999
(From the Judgment ofthe High Court ofZanzibar at Vuga, Dourado, J., in Sessions Case No. 2 of 1998 dated 23 March 1999) Criminal Practice andProcedure - Transfer ofCases - Whether the ChiefJustice can transfer a partly heard case from one judge to another - Section 13 ofthe High Court Act Number 2 of 1985
Criminal Practice and Procedure - Bias - Allegations ofbias against a Judge - Such allegations not to be taken lightly
13 Disemba 1999
Civil procedure — Stay of execution — Court of Appeal may grant stay only where a proper notice of appeal has been lodged (Rule 9(2)(b)) — Notice of appeal against substantive judgment does not validate an application to stay an intervening ruling refusing a stay — Application incompetent and struck out.
3 Disemba 1999
Civil procedure – appeal procedure – service of record of appeal – Rule 90 requirement to serve copy within seven days – failure to obtain leave to serve out of time – Rule 82 sanction of striking out. Adequacy of explanation for late service – need for corroboration and for seeking extension of time. Court will not extend time in absence of application; public importance irrelevant without such an application. Costs awarded to successful applicant and to respondent affected by abandoned prayer
2 Disemba 1999