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Nukuu
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Tarehe ya hukumu
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| Julai 2002 |
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Intellectual Property – Copyright – Whether copyright in commissioned box and label designs vested in commissioner or remained with designer – applicability of Copyright Act 1956 to Zanzibar and scope of s.4(3)
Contract – oral commission and breach – entitlement to damages where designer paid for production but not for assignment of copyright
Evidence – assessment of credibility and effect of exhibits showing production payments
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19 Julai 2002 |
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Civil procedure — Appeal — Record of appeal — Rule 89 mandatory contents (pleadings, decree/order appealed, order granting leave) — Defective extracted orders — Appeal incompetent; Civil procedure — Preliminary objection — Rule 100 reasonable notice — Court's discretion to adjourn rather than automatically overrule late objection.
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19 Julai 2002 |
| Mei 2002 |
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Civil procedure — Appeals to High Court — Improper use of 'preliminary points' akin to Court of Appeal Rule 100 — No equivalent under Civil Procedure Decree; procedural irregularity vitiates subsequent rulings; remedy: quash and remit for hearing on merits.
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10 Mei 2002 |
| Aprili 2002 |
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Contract - Validity and enforceability - Agreement entered into in a foreign jurisdiction — Whether the agreement is valid and enforceable in Zanzibar
Family Law - Marriage Settlement agreement - Marriage settlement agreement executed in Denmark and not registered in Zanzibar but giving a spouse an interest in the other spouse's landed properties in Zanzibar - Whether the marriage settlement is valid and enforceable in Zanzibar. _ Conflict of Laws — Right to property - Right to own land in Zanzibar - Whether a Tanzanian who is not a Zanzibari may own land in Zanzibar — Section 24 of the Constitution of the United Republic of Tanzania and section 8(1) of the [Zanzibar] Land Tenure Act 1992 Number 12 of 1992
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11 Aprili 2002 |
| Februari 2002 |
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Wakf property – Disposal of wakf land – Jurisdiction to grant leave – Section 4, Wakf Property Decree (Cap. 103) vests power in Minister – Court’s lack of authority to grant leave – Revisionary powers under Appellate Jurisdiction Act to quash illegal orders – Nullification of sale.
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27 Februari 2002 |
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Civil procedure – pauper leave to sue – requirement that court be satisfied of poverty and reasonable cause of action – omission to consider reasonable cause not fatal where cause of action shown by evidence. Civil procedure – pleadings and counter-claims – Order VIII rules on replies and defences; failure to file a reply does not automatically grant judgment on a counter-claim absent proof. Trial judgment – apparent contradiction where plaintiff said to have failed to prove case yet awarded part of claim explained as language issue; partial success permissible where some claims uncontroverted
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27 Februari 2002 |