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Nukuu
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Tarehe ya hukumu
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| Disemba 2000 |
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Civil procedure Ex‑parte judgment Lawfulness of revocation and replacement; prohibition on renegotiating decree quantum; Limitation acknowledgement coupled with promise to pay restarts limitation; Appeal leave may be granted suo motu; Advocacy ethics improper for party/agent to act as advocate and witness.
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18 Disemba 2000 |
(From the Ruling of the High Court of Zanzibar at Vuga, Dourado, J., dated 26 August 1998, in Miscellaneous Civil Application No. 2 of 1997) Appeals - Leave to appeal - Whether leave to appeal may be granted by the court suo motu. Civil Practice and Procedure - Correction of Errors -Errors committed by parties in drawing up documents - Whether section 130 of the Civil Procedure Decree applies to the correction of such errors - Procedure to follow in rendering corrections. Court of Appeal Rules - Rule 43(a) of the Court ofAppeal Rules providing for mode ofapplyingfor leave to appeal - Whether the rule makes it necessary to apply for leave to appeal - Whether overrides or adds to section 5(l)(c) of the Appellate Jurisdiction Act 1979 - Whether a judge can grant leave B to appeal suo motu. Limitation - Acknowledgment of time-barred debt and promise to pay it - Whether may give rise to a fresh period of limitation - Sections 19 and 29(a) of the Limitation Decree and section 25 of the Contract Decree. Contract - Acknowledgment of time-barred debt with promise to pay - Whether may give rise to a fresh period of limitation - Section 25 ofthe Contract Decree Chapter 149. Civil Practice and Procedure - Judge revokes and replaces his ex parte judgment - Whether proper for a judge to do so - Principle of functus officio. Civil Practice and Procedure - Decrees - Parties re-negotiate the court’s decree - Whether there is any legal basis or precedent for such re-negotiation.Civil Practice and Procedure - Litigant doubling as counsel for himself- Whether accords with accepted practice
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18 Disemba 2000 |
| Novemba 2000 |
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From the Ruling ofthe High Court of Zanzibar at Vuga, Tumaka, Deputy C.J., dated 3 April 2000, in Sessions No.7 of 1999, Constitutional Law - Sovereignty - Union of Tanganyika and Zanzibar to form the United Republic of Tanzania - Whether the constituent parts of the union retained their sovereign status. Criminal Law - Treason - Whether the offence of Treason can be committed against the Revolutionary Government of Zanzibar. International Law - Sovereignty - United Republic of Tanzania — Zanzibar and Tanganyika uniting to form the United Republic of Tanzania — Effect on sovereignty of the parties.
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21 Novemba 2000 |
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Constitutional law – Union of Tanganyika and Zanzibar – Statehood and sovereignty – Treason requires allegiance to a sovereign – Security is a Union matter – Treason can be committed only against the United Republic, not the Revolutionary Government of Zanzibar.
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21 Novemba 2000 |
| Aprili 2000 |
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(From the ruling ofa single Judge ofthe Court of Appeal of Tanzania at Zanzibar, Ramadhani, JA dated 1 July 1997) Q Civil Practice and Procedure — Appeals to the Court of Appeal from District Courts in Zanzibar — Whether point of law should be certified for determination by the Court of Appeal - Section 5 of the Appellate Jurisdiction Act 1979
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11 Aprili 2000 |
| Januari 2000 |
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Civil procedure – preliminary objection – capacity and locus to sue – effect of wrongly cited or non-existent applicant; Powers of attorney – registration under Registration of Documents Decree – compulsory registration limited to immovable property; Advocacy – distinction between donee of power of attorney and advocate’s independent instructions; Competence of application – lack of advocate’s instructions renders application incompetent.
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26 Januari 2000 |