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Nukuu
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Tarehe ya hukumu
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| Disemba 2015 |
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Civil procedure – burden of proof – plaintiff must prove ownership on balance of probabilities; appellate review of credibility findings and requirement for trial court to give reasons when rejecting evidence; validity of sale agreement and ownership disputes over land/structure.
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28 Disemba 2015 |
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Contract and commercial disputes – hotel accommodation – agency/assumption of liability – evidential proof of undertaking to pay – deposits paid by third party – relevance and linkage to services rendered – appellate re-evaluation of factual findings; damages and interest.
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14 Disemba 2015 |
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Court of Appeal Rules, 2009 – Rule 72(1): commencement of 21-day period upon service of the certified record of appeal; Registrar’s letter supplying proceedings not equivalent to service of record; premature memorandum of appeal struck out; Court may allow refiling under Rule 4(2)(a) and Rule 72(5) to secure substantial justice.
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14 Disemba 2015 |
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Criminal procedure – Trials with assessors – Duty to sum up adequately to assessors (summary of facts, evidence, law, and defence) – Assessors’ participation, including questioning witnesses – Failure to comply renders trial a nullity – Conviction quashed and retrial ordered.
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14 Disemba 2015 |
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Land law – ownership dispute – leave to appeal – findings of fact based on witness credibility – concurrent findings of lower courts – appellate restraint where no point of law shown.
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11 Disemba 2015 |
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Land law – Revocation of lease – procedural fairness and natural justice – right to be heard/notice to show cause – invalidity of administrative revocation; remedy—alternative land allocation versus setting aside subsequent allocation; compensation – requirement of evidential basis.
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11 Disemba 2015 |
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Civil procedure — Appeal — Record of appeal — Rule 96(1)(c) & (d) — requirement to include pleadings and complete record of proceedings; omission of chamber summons and affidavits; Rule 96(3) application for exclusion of documents; incompetency and striking out of appeal.
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9 Disemba 2015 |
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Criminal procedure – Notice of appeal – Compliance with Rule 68(1),(2) and (7) and FORM B – Impleading of absent person who never appeared at trial – Requirement to identify individual respondents – Incurable defects rendering appeal incompetent.
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8 Disemba 2015 |
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Civil procedure – Appeal competence – Requirement to include a properly drawn decree in record of appeal (rule 96(1)(h) Court of Appeal Rules 2009) – Decree must bear the date judgment was pronounced (Order XXIII Rule 7 Civil Procedure Decree) – Decree dated differently from judgment renders appeal incompetent.
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8 Disemba 2015 |
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Civil procedure – extension of time – sufficient cause – inadvertent procedural error (filing revision instead of reference) – prompt corrective action and reasonable diligence may justify enlargement of time.
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8 Disemba 2015 |
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Extension of time – sufficient cause – court to consider reasons for delay not merits; Counsel’s inadvertence/negligence excusable where prompt corrective steps taken; Active pursuit of remedies amounts to diligence.
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8 Disemba 2015 |
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Civil procedure – computation of time for filing an appeal – effect of Registrar’s certificate of delay issued after filing – preliminary objection on time bar overruled where memorandum filed within prescribed period following extension of time.
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7 Disemba 2015 |
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7 Disemba 2015 |
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7 Disemba 2015 |
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Court of Appeal Rules 2009 — Rule 68(1),(2),(7) — Notice of criminal appeal must identify respondent(s) and substantially follow Form B; improper impleading of absent accused; "others" without identification incurable defect; misdescription of order appealed vitiates notice.
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7 Disemba 2015 |
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Civil procedure – Jurisdiction – Stay of execution – Whether a notice of appeal is a prerequisite under Rule 11(2)(b) of the Court of Appeal Rules, 2009 – Absence of notice of appeal renders stay application non-justiciable.
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7 Disemba 2015 |
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Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – "good cause" requires consideration of promptness, explanation for delay, diligence and special circumstances (e.g. alleged illegality) – post-strike-out prompt applications may justify enlargement.
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7 Disemba 2015 |
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5 Disemba 2015 |
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Civil procedure – extension of time – sufficient cause – inquiry limited to reasons for delay, not merits of earlier applications Procedural mistake – inadvertent filing of revision instead of reference – may be excused where promptly corrected Diligence – prompt corrective action and continuous pursuit of remedies justify enlargement of time Court of Appeal – role in extension applications limited to assessing delay, not re-deciding substantive issues
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5 Disemba 2015 |
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4 Disemba 2015 |
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Civil procedure – Extension of time under Rule 10 – "Good cause" requires consideration of promptness, explanation for delay and diligence; prior High Court refusal not necessarily determinative; ignorance of procedure not per se sufficient but may be considered in context.
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3 Disemba 2015 |
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Civil procedure — preliminary objections — competence and enabling provisions; Oaths & affirmations — validity of a Muslim's affirmation taken in Mainland Tanzania for proceedings filed in Zanzibar; Court's discretion under Court of Appeal Rules to dispense with written submissions and hear matter on merits.
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3 Disemba 2015 |
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Civil procedure — preliminary objection — competence and enabling provisions; Oaths and affirmations — validity of Muslim affirmation administered in Mainland Tanzania; Court of Appeal Rules — discretion to dispense with written submissions and proceed to oral hearing.
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3 Disemba 2015 |
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Court of Appeal procedure – Restoration of dismissed application – Requirement to attach the dismissal Ruling – Competence of application – Rules 48(1) and 63(3) of the Court of Appeal Rules, 2009 – Application struck out for failure to produce vital document.
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2 Disemba 2015 |
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Civil procedure – Application for restoration of dismissed proceeding – Necessity to attach the dismissal ruling – Competence of application – Affidavits must exhibit vital documents – Failure to attach vital document renders application incompetent – Costs where defect prompted by court suo motu.
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2 Disemba 2015 |
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Civil procedure – Restoration of dismissed application – Requirement to attach the dismissal ruling as a vital supporting document – Competence of restoration application
Evidence/pleadings – Annexures to affidavits must include material documents relied upon
Costs – No order as to costs where defect was prompted by the Court suo motu
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2 Disemba 2015 |
| Aprili 2015 |
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Civil Procedure — Mortgage suits — Order XXXII Rule 1(1): mandatory joinder of persons with interest in mortgage or right of redemption; Order VII Rule 1(e): plaint must state facts constituting cause of action and when it arose — failure to comply grounds for striking out; locus standi of corporate plaintiff vs. mortgagor.
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17 Aprili 2015 |
| Machi 2015 |
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Civil procedure – extension of time – Appellate Jurisdiction Act s.11(1) – application for leave to appeal – ignorance of law by a layperson is not a reasonable ground for extension – copies of judgment not a prerequisite to file application for leave.
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6 Machi 2015 |