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Nukuu
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Tarehe ya hukumu
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| Oktoba 2001 |
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Criminal law – Manslaughter – Safety of conviction where information may be duplicitous; evidentiary sufficiency on vehicle defects (brakes); burden of proof; admissibility and weight of uncautioned pre‑trial statements; contributory negligence and events organisation affecting criminal liability; necessity (or not) of expert speed reconstruction.
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24 Oktoba 2001 |
Civil Practice and Procedure - Jurisdiction - When the issue of jurisdiction
may be raised - Whether the issue of jurisdiction may be raised at the
stage of appeal .
Civil Practice and Procedure - Originating Summons - Matter preferred in
Regional Magistrate’s Court by Originating Summons — Whether the
Regional Magistrate's Court has jurisdiction to hear matter preferred by
Originating Summons. |
24 Oktoba 2001 |
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Court of Appeal – Civil procedure: service of record of appeal under Rule 90(1) – failure to serve within prescribed time; extension of time – discretion under Rule 3(1) and prejudice to respondent; striking out appeals for failure to take essential procedural step; defamation law – liability for republication and conversion of slander to libel.
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23 Oktoba 2001 |
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Civil procedure – ex parte decree – setting aside an ex parte judgment – Rule 14 and section 5(1)(a) Appellate Jurisdiction Act – procedural sequence: High Court application first, appeal thereafter. Appellate procedure – effect of lodging notice of appeal – does not generally oust High Court jurisdiction. Authority – Aero Helicopter decision held of limited application, not a universal bar on High Court proceedings once appeal lodged.
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2 Oktoba 2001 |
| Agosti 2001 |
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Temporary injunction – preservation of status quo pending trial; interlocutory relief against government; preliminary objection as to competence of injunction under statute; requirements for injunctive relief: serious question to be tried, balance of convenience, risk of irreparable harm.
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3 Agosti 2001 |
| Januari 2001 |
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Conflict of laws – recognition and admissibility of foreign (Danish) marriage settlement; community of property – effect on pre-marriage and foreign assets; lex situs – immovable property governed by local law; Zanzibar land law – s.8(1) Land Tenure Act restricting land ownership to Zanzibaris; remedy – monetary compensation where legal title cannot be conferred; registration (Cap. 99) inapplicable to foreign-executed documents. |
1 Januari 2001 |