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Nukuu
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Tarehe ya hukumu
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| Disemba 2017 |
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Criminal procedure – Bail – DPP's certificate under s.36(2) EOCCA – Effect and requirements; statutory test: written certificate; states likely prejudice to safety/interest; relates to pending criminal proceedings; no requirement to disclose reasons; authority: Ally Nuru Dirie; DPP v. Li Ling Ling.
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14 Disemba 2017 |
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Civil procedure – originating summons: decision is a ruling and drawn order, not a judgment and decree; Appeal procedure – notice and memorandum must correctly identify the decision appealed against; Court of Appeal Rules (Rule 83(3) & (6)) – non-compliance renders appeal incompetent; Distinction between 'judgment' and 'ruling' is substantive, not interchangeable.
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8 Disemba 2017 |
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Court of Appeal (Zanzibar) – Stay of execution – Time limits – Rule 11(2)(c) Tanzania Court of Appeal Rules, 2009 – Application filed after appeal period without extension deemed incompetent and struck out – Court may raise timeliness suo motu.
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6 Disemba 2017 |
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Civil procedure – Revision jurisdiction – Applicant must supply full record of proceedings from the High Court (proceedings, chamber summons, affidavits, drawn order) – omission renders revision application incomplete and incompetent; Court may strike out. Revision procedure – Party moving Court cannot pick and choose parts of record; revision requires examination of entire lower court record.
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6 Disemba 2017 |
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Revision — competency — requirement to file complete record including pleadings; omission of plaint and written statement of defence renders revisional application incompetent; Rule 106 and appellate practice; Court raised competency suo motu.
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6 Disemba 2017 |
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Criminal procedure – Notice of appeal – Rule 68(2) Court of Appeal Rules, 2009 – mandatory requirement to state briefly the nature of the conviction, sentence, order or finding; failure to comply renders the notice defective and the appeal incompetent; consequence: appeal struck out.
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5 Disemba 2017 |
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Court of Appeal — Civil procedure — Rule 56(1) Court of Appeal Rules — Affidavit in reply discretionary — Failure to file affidavit bars challenging averments by affidavit but does not preclude oral response — Ex parte determination not automatic — Inter partes hearing ordered.
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4 Disemba 2017 |
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Criminal procedure – Appeal – Notice of appeal – Mandatory requirement under Rule 68(2) to state briefly the nature of the order, finding, sentence or conviction appealed against – Failure to comply renders the notice incurably defective and appeal incompetent.
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4 Disemba 2017 |
| Novemba 2017 |
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Civil procedure - Appeal competence - Record of appeal - Mandatory inclusion of pleadings and proceedings under Rule 96(2) and Rule 96(1)(c),(d),(k). Appellate practice - Failure to include required documents is fatal to an appeal; leave required to exclude documents. Preliminary objections - Court may raise and decide competence suo motu. Succession/substitution - objection where appeal is pursued against a deceased person without substitution.
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30 Novemba 2017 |
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Court of Appeal — Competence of appeal — Record of appeal must include documents required by Rule 96(1) and (2) — Failure to include necessary pleadings and proceedings renders appeal incompetent and liable to be struck out — Court may raise such defects suo motu.
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29 Novemba 2017 |
| Juni 2017 |
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Criminal revision – Section 372 Criminal Procedure Act – Supporting affidavit must disclose the applicant and maintain consistent representative capacity throughout – Defective affidavit renders application incompetent and liable to be struck out – Preliminary objections.
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28 Juni 2017 |
| Mei 2017 |
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Magistrates' Courts Act – jurisdiction – Primary Court lacks jurisdiction over torts (negligence) – Section 18 and First Schedule; Civil procedure – suo motu review under section 44(1)(a) – correction of jurisdictional error; Transfer/continuance – matter ordered to proceed in District Court.
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17 Mei 2017 |
| Aprili 2017 |
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Criminal procedure — Bail pending appeal — After conviction applicant must show exceptional or unusual circumstances to obtain bail; presumption of innocence no longer applies. Bail — Applicant’s assertions of no risk to public order, residence and sureties insufficient to discharge burden. Appellate considerations — Court should avoid prejudicial premature assessment of appeal merits when considering bail. Procedure — Section 368(1) CPA bail application does not require attachment of trial proceedings or judgment.
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27 Aprili 2017 |
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• Appellate procedure – extension of time under Section 11 Appellate Jurisdiction Act – exercise of judicial discretion.
• Appeal practice – striking out for non‑compliance with Court of Appeal order – right to institute fresh appeal or seek extension.
• Grounds for extension – allegation of illegality in impugned decision constitutes sufficient cause.
• Conduct of counsel – negligence/non‑compliance is not automatically sufficient reason to refuse extension where illegality is raised.
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27 Aprili 2017 |