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Nukuu
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Tarehe ya hukumu
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| Disemba 2007 |
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Civil procedure — extension of time to appeal — delay after receipt of appeal documents — sufficiency of grounds; Alleged judicial or registrar misdirection — not excusing delay where applicant had legal representation; Application of Order XV r.9 and Order 51 r.1(g) — irrelevant to extension; Court struck-out earlier notice under Rule 84(a) — functus officio.
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12 Disemba 2007 |
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Civil procedure – Extension of time to file appeal – Sufficient cause – Applicant’s diligence and receipt of appeal documents – Misadvice by court or registrar – relevance of Order XV Rule 9 – Effect of striking out notice under Rule 84(a).
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12 Disemba 2007 |
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Maritime law – contract of carriage – bills of lading as primary evidence of port of discharge; Carriage – stopover by carrier is a management decision and costs/delays at stopover do not bind consignee if outside contract; Damages for late delivery – where goods intended for sale, consignee may recover a reasonable percentage of market value when specific proof lacking; Interest – court's discretion to award interest must be reasoned and can be adjusted in absence of guideline rates; Costs – normally follow the event; appellate adjustment where appeal partly succeeds.
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12 Disemba 2007 |
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Appellate jurisdiction – matrimonial causes constitute suits for purposes of Appellate Jurisdiction Act s.5(1)(a) – leave to appeal not required
Procedure – Civil Procedure Decree and Matrimonial Decree govern matrimonial proceedings in Zanzibar (s.24, s.32). Civil procedure – completeness of record under Rule 89(1) – proceedings need be included only if they are core to the decision; foreign judgment reliance can render them immaterial
Costs – personal costs against advocate require proof of negligence or misconduct; matrimonial disputes ordinarily avoid punitive costs orders
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12 Disemba 2007 |
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Insurance law – Utmost good faith (uberrimae fidei) – Non‑disclosure of material facts – Valuation of insured vehicle – Expert depreciation opinion versus insured's asserted market value – Trial judge's discretion to accept or reject expert opinion.
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12 Disemba 2007 |
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Constitutional and judicial administration - Limits of extended jurisdiction - A Resident Magistrate with extended jurisdiction is not a judge or acting judge of the High Court and cannot sit "as the High Court". Civil procedure - Nullity of proceedings - Proceedings and decrees purporting to be of the High Court but heard by a magistrate without proper judicial status are nullities
Remedies - Full Court power - The Full Court may quash null proceedings and order a de novo hearing; transferred matters must be re‑registered and renumbered
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12 Disemba 2007 |
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Constitutional and procedural law – Resident/Regional Magistrate with extended jurisdiction – cannot sit as High Court judge – proceedings purportedly of High Court heard by such magistrate are nullity
Remedy – full Court (appeal or revision) may quash invalid High Court proceedings; single judge may strike out but lacks power to nullify
Procedure – transferred matters should be re-registered in subordinate court registry with new number
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12 Disemba 2007 |
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Civil procedure — appeals — compliance with Court of Appeal Rules — time for instituting appeal and proviso to Rule 83(1); record of appeal — necessity of trial court decree under Rule 89(2); leave to appeal — Rule 43(a) and effect of out-of-time application; functus officio — effect of filed notice of appeal; advocate liability — Rule 116.
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11 Disemba 2007 |
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Employment law — domestic servants — maternity leave entitlement; appellate procedure — inadmissibility of new claims on appeal not pleaded or evidenced in trial court; acknowledgment of payment does not bar corrective award for underpayment.
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11 Disemba 2007 |
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Appellate procedure – Second appeal from High Court acting in appellate jurisdiction – Requirement of leave under s.5(1)(c) Appellate Jurisdiction Act, 1979 – Rule 82 Court of Appeal Rules 1979 – Failure to take essential procedural step – Notice of appeal struck out – Ignorance no excuse.
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6 Disemba 2007 |
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Civil procedure – preliminary objection – applicability of arbitration review provisions – extension of time to review a judicial order declining to set aside an arbitral award – appealability with leave – amendment of process under Rule 18 – substantial justice over procedural technicalities.
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4 Disemba 2007 |
| Novemba 2007 |
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Criminal appeal — delay in filing memorandum of appeal — Court of Appeal Rules 65(1) and 65(5) — discretion to set appeal for hearing only where sound reasons shown — Rule 68(1) compliance by prisoners (notice plus particulars) required — need for affidavit or proof when alleging prison authorities caused delay.
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29 Novemba 2007 |
| Juni 2007 |
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Criminal law – proof beyond reasonable doubt; variance between charge and evidence; circumstantial evidence and irresistible inference; failure to call material witness (garage owner); conviction cannot rest on accused’s misconduct or disobedience alone.
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22 Juni 2007 |
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Criminal law – Housebreaking and theft – Burglary of a room with broken padlock and ransacked contents; Evidence – Recent possession of stolen property as evidence of guilt where accused’s explanation is disproved; Credibility – contradictions between trial defence and appeal memorandum as undermining defence; Sentence – appellate interference not warranted where sentence is reasonable in circumstances.
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15 Juni 2007 |