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Nukuu
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Tarehe ya hukumu
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| Disemba 2021 |
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Civil procedure — Pecuniary jurisdiction — General damages do not determine jurisdiction; declarations and non-liquidated claims fall within High Court jurisdiction — Right to be heard — Trial court misapplied Order XX r.2 instead of r.3 when parties present but witness absent — Proceedings and judgment of 19 July 2018 quashed and matter remitted for continuation.
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3 Disemba 2021 |
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Civil Procedure – Decree must agree with judgment – Order XXIII Rule 6(1) CPD – Defective decree in record of appeal – effect on competency of appeal – overriding objective (Appellate Jurisdiction Act ss.3A,3B) – leave to seek amendment of decree – supplementary record of appeal – Rule 38A(1) Court of Appeal Rules.
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3 Disemba 2021 |
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Land law – identification of disputed land – variance in boundary descriptions does not preclude determination where parties plainly dispute same parcel; Evidence – documentary allocation (temporary permit and receipt) vs. sale agreement bearing a different name; Limitation – plea of time-bar must be pleaded and supported by material evidence and cannot be raised for first time on second appeal; Appeal – concurrent findings of fact entitled to deference absent compelling reason to disturb.
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3 Disemba 2021 |
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Appeal — Time limits — Rule 90(1) and (3) of the Tanzania Court of Appeal Rules — Requirement to serve written application for certified High Court proceedings on respondents — Failure to serve prevents reliance on Registrar’s time-exclusion certificate — Appeal filed out of time is incompetent and must be struck out.
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2 Disemba 2021 |
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Appeal — preliminary objection — competence — defective decree; procedure — preliminary points on competence must be decided before merits; failure to determine objection vitiates judgment; remittal to first appellate court for determination.
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2 Disemba 2021 |
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Criminal law – prima facie case – section 263(1) CPA – test per Ramanlal Trambaklal Bhatt; Corruption offences – soliciting and receiving benefit – sections 36(3)(a) and 61 ZACECA; Jurisdiction – High Court’s original jurisdiction under section 73 ZACECA; Procedure – improper weighing of credibility at no‑case stage.
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1 Disemba 2021 |
| Novemba 2021 |
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Civil procedure – Appeal time limits – Rule 90 of the Court of Appeal Rules – effect of failure to serve the letter requesting certified copies under Rule 90(3) – certificate of delay invalid; Competency of appeal – omission in record (Drawn Order) v. time bar – remedies; Procedural remedies – strike out vs dismissal; costs order.
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30 Novemba 2021 |