|
Nukuu
|
Tarehe ya hukumu
|
| Disemba 2016 |
|
|
Civil procedure — stay of execution — Rule 11(2)(d) T.C.A. Rules — mandatory requirement to furnish security for due performance — undertaking without specifics insufficient — failure to comply fatal to stay application.
|
7 Disemba 2016 |
|
Civil procedure – stay of execution – Rule 11(2)(b) Court of Appeal Rules – requirement to attach valid notice of appeal and the decree sought to be stayed – failure to attach renders application incompetent – application struck out.
|
7 Disemba 2016 |
|
Civil procedure – Amendment of pleadings – Registrar lacks power to grant leave to amend – Referral to Chief Justice for assignment proper; Interlocutory order – Order granting leave to amend plaint is interlocutory and not revisable under s.5(2)(d) Appellate Jurisdiction Act; Revision – Application for revision barred where order is not final; Remittal – Matter to proceed to final determination before a judge not previously involved.
|
7 Disemba 2016 |
|
Civil procedure — amendment of pleadings — Registrar’s lack of power to grant leave — referral to Chief Justice for assignment — interlocutory order — section 5(2)(d) Appellate Jurisdiction Act bars revision — procedural compliance with Court of Appeal Rules/Form A — remittal to trial court; reassignment to different judge.
|
7 Disemba 2016 |
|
Criminal procedure – Trials with aid of assessors – mandatory compliance with selection, numbering, explanation of role, summing up and recording of assessors' opinions – non-compliance renders trial a nullity. Court of Appeal Rules – Rule 4(2)(a) properly invoked for preliminary objections in criminal appeals where no specific provision exists. Appellate revision – power to nullify trial and order retrial in interest of substantive justice.
|
6 Disemba 2016 |
|
Civil procedure — Stay of execution — Rule 11(2)(b) — Requirement that a valid notice of appeal and the decree sought to be stayed accompany the notice of motion — Failure to attach decree renders application incompetent and liable to be struck out.
|
6 Disemba 2016 |
|
Civil procedure — preliminary objection — locus standi of a corporate applicant represented by an agent appointed under s.34(1) Wakf and Trust Commission Act; compliance with Rule 48(2) (Form A) — substantial compliance standard; immateriality of minor errors in notices which do not prejudice respondent.
|
6 Disemba 2016 |
|
Criminal procedure — Conviction as prerequisite to sentence — Sentencing without conviction is a nullity — Appellate revision under s.4(2) AJA to quash irregular proceedings — Where illegal sentence already served, remit unnecessary; release appropriate remedy.
|
5 Disemba 2016 |
|
Criminal procedure – trial with aid of assessors – mandatory compliance with selection, numbering, explanation of role, recording of questions/answers, summing-up and recording of assessors' opinions – total non-compliance renders trial a nullity; Court's power to raise defects suo motu and order retrial under Appellate Jurisdiction Act; Rule 4(2)(a) applicable for preliminary objections in criminal appeals.
|
5 Disemba 2016 |
|
Criminal procedure – requirement to enter conviction before sentence – omission renders judgment invalid (s.219 Criminal Procedure Act). Court of Appeal Rules – prisoner’s notice of appeal must comply with Rule 75(1)/Form B/1; non‑compliance renders appeal incompetent. Appellate revisional jurisdiction – Court may refrain from striking out an incompetent appeal and invoke s.4(2) Appellate Jurisdiction Act to correct manifest illegality. Remedy – quash appellate proceedings founded on invalid judgment; remit for proper conviction and sentencing, with credit for time served.
|
5 Disemba 2016 |
|
Criminal procedure – Requirement to enter conviction before passing sentence – Non-compliance with s.219 Criminal Procedure Act renders judgment invalid. Appeals – Notice of appeal from prison – Rule 75(1)/Form B/1 compliance mandatory; omission renders notice incurably defective. Appellate jurisdiction – Court of Appeal may retain incompetent appeals and invoke revisional powers under s.4(2) AJA to correct manifest illegalities on record. Remedy – Quash High Court proceedings, set aside sentence, remit record for conviction and resentencing with credit for time served.
|
2 Disemba 2016 |
| Novemba 2016 |
|
|
Criminal appeal – Notice of appeal – Rule 68(7) Court of Appeal Rules, 2009 – requirement to be substantially in Form B – correct date of decision – contradictory dates create incurable ambiguity – notice defective rendering appeal incompetent and struck out.
|
30 Novemba 2016 |
|
Civil procedure — Appeal record — Rule 96(1)(k) — Interlocutory proceedings and extracted orders must be included when necessary; exclusion requires direction under Rule 96(3) — Omission renders appeal incompetent.
|
29 Novemba 2016 |
|
Civil procedure – extension of time to file notice of appeal – second application (second bite) – scope of Rule 45(b) of the Court of Appeal Rules 2009 – appropriate procedure to challenge a single Justice’s referral under Rule 60(1).
|
29 Novemba 2016 |
|
Criminal procedure — Appeal — Notice of appeal must comply with Court of Appeal Rules and Form B/Form B/1; special transmission requirements where appellant is in custody; defects apparent on face of record (missing prison particulars, inconsistent dates) render notice incurably defective and appeal incompetent — appeal struck out.
|
28 Novemba 2016 |
| Februari 2016 |
|
|
Civil procedure — Extension of time — Rule 10 TCA Rules 2009 — Sufficient cause — Failure to be supplied with copy of judgment as grounds for extension. Criminal procedure — Application for review of Court of Appeal judgment — time limits and discretion to extend.
|
25 Februari 2016 |