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Nukuu
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Tarehe ya hukumu
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| Mei 2024 |
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Extension of time; Rule 10 Courts of Appeal Rules; technical delay doctrine; apparent illegality on face of decision; arbitration — section 66 & Third Schedule (Civil Procedure Decree) vs NCC rules; registration of award as High Court judgment; discretion to extend time.
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8 Mei 2024 |
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Criminal law – unlawful possession of narcotics – proof beyond reasonable doubt; Evidence – chain of custody – necessity of seizure list/certificate and independent witness; Evidence – admissibility and necessity of certificate of analysis to prove substance and weight; Right to legal representation – no automatic duty to inform or assign counsel in non‑capital trials; Appeals – circumstances permitting interference with concurrent factual findings.
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8 Mei 2024 |
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Criminal procedure — Admissibility of electronic records — Evidence Act s.73 — DPP’s right to appeal interlocutory orders — Appellate Jurisdiction Act s.6(2) and effect of Joseph Steven Gwaza — Finality versus interlocutory orders — Competence of appeal.
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8 Mei 2024 |
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Criminal procedure – search without warrant – statutory requirement to issue seizure receipt and to have independent witnesses sign – failure renders seizure evidence unreliable
Drugs Control Act – investigatory mandate vests in Drugs Control Authority but requires cooperation with Police; police assistance not per se fatal to prosecution
Jurisdiction – assignment to Regional Magistrate with extended jurisdiction by Chief Justice valid; no prejudice shown by administrative file transfer
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8 Mei 2024 |
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Civil procedure – Stay of execution – Court of Appeal Rules, 2009, r.11 – timeliness (r.11(4)), required documents (r.11(7)). Security for stay – r.11(5)(b) – firm undertaking to provide security may suffice; court’s discretion as to type and amount. Matrimonial property – uncertain valuation pending government valuation – effect on security quantification
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8 Mei 2024 |
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Advocates' professional ethics – conflict of interest – advocate who drafted and witnessed transaction for both parties later representing one in litigation constitutes conflict and professional misconduct. Civil procedure – default judgment – proceedings tainted by counsel's conflict of interest are null and void and may be set aside
Remedies – nullification of proceedings and setting aside of default judgment; liberty to commence fresh suit
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8 Mei 2024 |
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Civil procedure — Extension of time under Rule 10 — Good cause and discretion; Illegality as sufficient ground for extension; Jurisdiction — arbitration clause potentially ousting court jurisdiction; Limitation — pleadings indicating supply 1986–1988 and long delay; Burden of proof — alleged failure to require ex-parte proof.
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7 Mei 2024 |
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Evidence — Children; voir dire — need to test understanding of oath/affirmation, obtain promise to tell truth and admonition; s133 Evidence Act & s49 Children’s Act (Zanzibar) — unsworn child evidence improperly admitted must be expunged; retrial not ordered where remaining evidence is weak and ordering retrial would permit filling evidentiary gaps (Fatehal Manji principle).
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6 Mei 2024 |
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Civil procedure – Stay of execution – Rule 11(7) TCPR – requirement that application be accompanied by a notice of appeal – notice must clearly identify the decision appealed – misnumbered or incorrect notice of appeal renders stay application incompetent; preliminary objection upheld.
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6 Mei 2024 |
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Criminal law – variance between charge particulars and prosecution evidence – material variance renders charge defective and requires amendment under s.219(1) CPAZnz. Criminal law – doctrine of recent possession – requirements: proof ownership, possession by suspect, recent theft, and that recovered items are subject of the charge
Evidence – identification of stolen property – necessity for specific, distinguishing marks and adequate witnesses to link recovered items to complainant. Procedural fairness – failure to amend a defective charge is fatal and prejudicial to the accused
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6 Mei 2024 |
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Criminal procedure – alibi notice – duty of trial court to consider alibi despite non-compliance; Search and seizure – requirement for independent witnesses and contemporaneous documentation; Proof beyond reasonable doubt – failure to corroborate arrest/search undermines prosecution case; Informer – non-disclosure not fatal where informer did not participate in arrest.
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6 Mei 2024 |
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Criminal law – Corruption – Soliciting benefit corruptly – Essential elements include principal–agent relationship and corrupt solicitation in relation to principal's affairs; burden on prosecution to prove beyond reasonable doubt – Admissibility of exhibits – documents must be properly tendered and read into evidence – Witness inconsistencies and material contradictions may defeat prosecution case – Appeal as rehearing: appellate court re-evaluates evidence.
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3 Mei 2024 |
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Criminal procedure – partly heard cases – transfer of trial between magistrates – successor must assign reasons under s.204(1) CPA. Constitutional and procedural fairness – right to be heard (audi alteram partem) – court raising issues suo motu must afford parties opportunity to address them. Procedural irregularity – failure to hear parties on a suo motu issue vitiates judgment – quash and order rehearing
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2 Mei 2024 |
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Civil procedure — Extension of time under Rule 10 — "Second bite" applications — Requirement to account for delay unless illegality shown — Effect of litigant's illness, death and active court engagement on good cause — Relevance and limits of certificate of delay.
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2 Mei 2024 |
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Civil procedure — Extension of time under rule 10 — discretionary exercise — account for each day of delay; factors: length, reasons, prejudice, conduct, illegality. Withdrawal of stay application for technical defect may be excusable; human error not necessarily negligence. Risk of execution rendering appeal nugatory is a relevant consideration in granting extension
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2 Mei 2024 |
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Extension of time – Rule 10 and Rule 45A(1)(b) Court of Appeal Rules – "good cause" requires accounting for each day of delay; need for corroborating evidence; mere assertion of a "great chance of success" insufficient absent demonstrated illegality.
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2 Mei 2024 |
| Aprili 2024 |
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Criminal law — burden of proof — prosecution must establish guilt beyond reasonable doubt; suspicion insufficient. Tax evasion — elements include intentional conduct of business and failure to be a registered taxpayer or pay due tax. Abuse of office — requires proof of intentional misuse of position to obtain undue advantage; secondary charge may fail if primary offence not proved
Abatement — appeal against a deceased appellant/respondent abates under procedural rules
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30 Aprili 2024 |
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Civil procedure – extension of time to serve memorandum and record of appeal – delay caused by court registry’s failure to supply filed copies – sufficiency of cause under Rule 97(1) and discretionary power to extend time – unopposed application; alleged illegality not considered.
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30 Aprili 2024 |