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Nukuu
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Tarehe ya hukumu
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| Disemba 2018 |
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* Advocates Remuneration Order (GN. No. 264/2015) – Order 7(1)-(2): reference to High Court from Taxing Officer to be instituted by chamber summons supported by affidavit within 21 days.
* Limitation law – computation of time: section 19(6) Law of Limitation Act and applicability of Interpretation Act s.60(1)(c) and (e) when deadlines fall on non-working days.
* Civil procedure – preliminary objection on point of law – dismissal of proceedings filed out of statutory time without leave.
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27 Disemba 2018 |
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Stay of execution – Rule 11(4) Court of Appeal Rules – time limit for stay applications – notice of execution – procedural defect in notice of motion and affidavit referencing "judgment and decree" instead of "ruling and drawn order" – application struck out as incompetent – leave to refile under Rule 4(2)(b) – costs to respondent.
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14 Disemba 2018 |
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Extension of time – Section 14 Law of Limitation Act – sufficient cause – sickness and medical evidence – discretion to extend time must be exercised judicially – appeal time under s.80(2) Law of Marriage Act (45 days).
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14 Disemba 2018 |
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Court of Appeal – extension of time under Rule 10 – discretionary power – "sufficient cause" required; applicant must account for every day of delay; unsubstantiated loss of documents (no police report) not sufficient; allegations of illegality must be particularized to justify extension.
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14 Disemba 2018 |
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Civil procedure – Stay of execution – Rule 11(5) Court of Appeal Rules – mandatory and cumulative conditions – requirement to give security for due performance (Rule 11(5)(c)) – non‑compliance fatal; application struck out; no order as to costs where defect raised suo motu.
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13 Disemba 2018 |
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* Civil procedure – extension of time – Rule 10 Tanzania Court of Appeal Rules, 2009 – good cause, promptness and diligence.
* Civil procedure – supplementary record of appeal – Rule 76(6) – omitted documents and lapse of 14-day period.
* Grounds for extension – alleged illegality of lower court decision as a sufficient cause.
* Preliminary objection – procedural channel vs. substantive remedy; Court’s power to extend time under Rule 10.
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5 Disemba 2018 |
| Agosti 2018 |
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Magistrates' Courts Act s.18(1) – Primary Court pecuniary limits – lack of jurisdiction to entertain claims exceeding Tshs.3,000,000/=; jurisdictional defects render proceedings, judgment and execution null and void; attachment based on void decree set aside.
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3 Agosti 2018 |
| Julai 2018 |
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Civil procedure — Restoration of proceedings dismissed for want of prosecution — Sufficient cause requires good and logical reasons preventing attendance — Written submissions are not evidence and cannot introduce new documentary proof — Duty of parties/advocates to attend court on fixed dates.
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2 Julai 2018 |
| Mei 2018 |
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* Civil procedure – Affidavit requirements – essential ingredients: averments, verification, jurat, signature; dating of averments is essential. * Affidavit defective for omission of date between averments and verification – application incompetent and struck out with costs. * Preliminary objection on point of law capable of disposing of application.
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29 Mei 2018 |
| Februari 2018 |
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* Criminal procedure – notice of appeal – appellant in prison – Form B/l (Rule 75(1)) – substantial compliance with Rule 68 – omission of officer‑in‑charge particulars excused in interests of justice. * Civil/Criminal appeals – substituted memorandum of appeal – Rule 73(2) – advocate may lodge memorandum; Court’s discretion under Rule 72(5). * Procedure – preliminary objections – improper where factual enquiry or judicial discretion required (Mukisa principle).
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7 Februari 2018 |