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Nukuu
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Tarehe ya hukumu
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| Disemba 2011 |
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Appellate procedure – Certification under section 5(2)(c) – certificate must raise true points of law of legal significance. Appealability – Fourth appeal – Court of Appeal cannot re-evaluate factual evidence; factual disputes unsuitable for certification. Pleadings – Parties are bound by pleadings; unpleaded issues (e.g. time bar) not for determination without factual inquiry. Evidence – Documents not annexed and unproduced records cannot form proper basis for decision without being in evidence. Witness competence – Testimony of purported government officers requires proof of authority and the records relied upon.
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19 Disemba 2011 |
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Criminal law – defilement – corroboration of complainant’s evidence – investigator’s recovery of underpants with blood/semen and witnesses’ observations provide corroboration. Medical evidence – expert’s role is to give opinion on findings (bruising, signs of forced entry), not a conclusive statement of penetration. Appeals – second appeal limited in disturbing concurrent findings of fact; grounds not raised on first appeal ordinarily not entertained on second appeal. Reliability – naming suspect at earliest opportunity as assurance of witness reliability (Marwa principle).
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15 Disemba 2011 |
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Civil procedure – preliminary objection – competence of appeal – validity and computation of certificate of delay; remedial power under Rule 130 of the Court of Appeal Rules, 2009; certificate of accuracy – procedural deficiency; misnaming of parties – amendment to prevent injustice.
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14 Disemba 2011 |
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Family law – Matrimonial assets – Division of property acquired during marriage/cohabitation – Joint efforts doctrine applied to houses built during union; equal shares where both parties contributed. Procedural law – Requirement for trial court to give reasons when dividing matrimonial assets and to consider value/condition of assets. Appeal – Appellate correction of unexplained or unreasoned asset apportionment.
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12 Disemba 2011 |
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Criminal law – murder – circumstantial evidence – standard that facts be incompatible with innocence; voice identification – admissibility where witness familiarity shown; appellate jurisdiction – limits on entertaining constitutional complaints not raised at trial and Article 99 restrictions regarding Zanzibar Constitution.
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12 Disemba 2011 |
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Civil procedure – jurisdiction – time-bar (limitation) – plaint averments determine forum; Limitation Decree s.19(1) (acknowledgement in writing) – recommendation by committee not an acknowledgement; administrative pursuit does not toll limitation; court must dismiss time‑barred suits for want of jurisdiction (s.3(1)).
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12 Disemba 2011 |
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Civil procedure – Limitation – jurisdiction – court lacks jurisdiction to entertain time-barred suits under the Limitation Decree (item 102). Limitation Decree s.19(1) – requirement of a written, signed acknowledgment of liability by the party against whom the right is claimed and made before expiry of the limitation period. Administrative remedies – pursuing administrative channels does not toll or extend statutory limitation absent valid acknowledgment. Jurisdiction – courts must raise want of jurisdiction for time-barred claims and may dismiss sua sponte under s.3(1).
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12 Disemba 2011 |
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Criminal law – murder conviction based on circumstantial evidence; voice identification by familiar neighbours; limits on Court of Appeal jurisdiction to hear Zanzibar constitutional complaints not raised at trial; insufficiency of intoxication/fall hypothesis where injuries and postmortem indicate traumatic haematoma.
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7 Disemba 2011 |
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Civil procedure – Preliminary objection must be decided before trial on merits – Jurisdictional objections require determination first – Failure to rule on reserved preliminary objection renders subsequent proceedings a nullity – Necessary party must file pleadings before participating; improper participation and later summons as court witness irregular.
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7 Disemba 2011 |
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Procedure — Preliminary objection — Reserved ruling must be delivered before trial proceeds; jurisdictional objections to be determined first — Failure to rule renders subsequent proceedings a nullity. Pleadings — Necessary party (Registrar of Documents) participating without written statement of defence and later summoned as court witness — procedural irregularity. Appellate jurisdiction — Exercise of revisional power to quash proceedings and remit preliminary objection for fresh hearing.
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2 Disemba 2011 |