Court of Appeal Zanzibar Registry - 2000

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  • Court of Appeal Zanzibar Registry
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  • Majaji
  • Alfabeti
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Disemba 2000
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.
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

18 Disemba 2000
Novemba 2000

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.

21 Novemba 2000
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.
21 Novemba 2000
Aprili 2000

(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

11 Aprili 2000
Januari 2000
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.
26 Januari 2000