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Nukuu
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Tarehe ya hukumu
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| Disemba 2012 |
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Civil procedure — Court of Appeal Rules, 2009 — Rule 106(1), (9) and (19) — timeliness of written submissions — Court's discretion to waive or reduce time limits in exceptional circumstances — interest of justice.
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14 Disemba 2012 |
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Civil procedure – compliance with Court of Appeal Rules, 2009 – Rule 106(1) and (9) – consequences of failing to file written submissions in time. Civil procedure – residual discretion – Rule 106(19) permits waiver or reduction of time limits where circumstances are exceptional or hearing must be accelerated in the interest of justice. Appeal procedure – preliminary objection on time bar – Court may overrule objection and grant extension where exceptional circumstances exist
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14 Disemba 2012 |
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Civil Procedure – Court of Appeal Rules 2009, Rule 106(1),(9) and (19) – compliance with filing timelines – discretion to waive time limits for exceptional circumstances and interest of justice; validity of administrative extensions by Deputy Registrar; preliminary objection to time‑barred submissions.
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14 Disemba 2012 |
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Civil procedure – service of appeal documents – mandatory requirement under Rule 97(1) Court of Appeal Rules, 2009 – failure to serve respondent personally renders appeal incompetent. Civil procedure – notice of address for service (Rule 86) does not substitute for personal service required by Rule 97(1). Procedural default – invocation of Rule 2 to cure non-compliance with mandatory rules not appropriate where essential steps omitted
Remedy – striking out of appeal and costs for failure to comply with mandatory appellate procedure
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13 Disemba 2012 |
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Civil procedure – Appeals – Rule 83(1) certificate of delay – must correctly identify the cause and be issued timely to exclude preparation time from the sixty-day appeal period. Procedural compliance – defective or improperly dated certificates may be expunged and will render appeals time-barred
Costs – where appellant concedes procedural incompetence and gives no reason against costs, costs will be awarded to respondent
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13 Disemba 2012 |
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Court of Appeal procedure — Rule 97(1) Court of Appeal Rules 2009 — mandatory requirement to serve respondent with memorandum and record of appeal — failure to serve respondent personally renders appeal incompetent — appeal struck out with costs.
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12 Disemba 2012 |
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Civil procedure – Rule 83(1) certificate of delay – competency and strict compliance – certificate referring to wrong cause number and dated after record filed is defective and must be expunged; without a valid certificate appeal is time-barred. Procedural law – expungement of defective documents – effect on appeal competence
Costs – appeal struck out with costs where preliminary objection upheld
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12 Disemba 2012 |
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Civil procedure – Misjoinder of plaintiffs – Court may raise misjoinder suo motu but must hear parties before making adverse orders; breach of audi alteram partem vitiates decision – Order 1 r.2 Civil Procedure Decree – Remedy: revision and quashing of portion of ruling; reinstatement of suit.
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11 Disemba 2012 |
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Civil procedure – Joinder of parties – Misjoinder of plaintiffs raised suo motu – Duty to afford parties hearing before deciding an issue that adversely affects them – Breach of natural justice vitiates decision.
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7 Disemba 2012 |
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Criminal procedure – Assessors – Mandatory trial with assessors – Duty of judge to sum up fully and record assessors’ opinions (s.262, s.279 CPA)
Evidence – Reliance on single child witness – credibility and identification (visual and voice) issues. Criminal law – Ingredients of murder and effect of inadequate direction on assessors – miscarriage of justice and retrial
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6 Disemba 2012 |
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Civil procedure – Court of Appeal Rules 2009 – power to extend time – Rule 10 vests extension power in the Court (single Justice) and not in Registrar/Deputy Registrar. Administrative action – Deputy Registrars administrative letter granting extension was ultra vires where no formal application was made to the Court. Rule interpretation – Rule 13(7)(g) does not empower a Deputy Registrar to usurp judicial functions reserved to the Court
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6 Disemba 2012 |
| Septemba 2012 |
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Criminal law – Armed robbery – Visual identification at night – Requirement for watertight identification (Waziri Amani principle) – Adequate lighting and familiarity with suspects can eliminate mistaken identity. Criminal procedure – Reliability of immediate identification and naming to police – Credibility assessment by trial court entitled to deference on appeal
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10 Septemba 2012 |
| Disemba 2011 |
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Appellate procedure – Certification under section 5(2)(c) – certificate must raise true points of law of legal significance
Appealability – Fourth appeal – Court of Appeal cannot re-evaluate factual evidence; factual disputes unsuitable for certification
Pleadings – Parties are bound by pleadings; unpleaded issues (e.g. time bar) not for determination without factual inquiry
Evidence – Documents not annexed and unproduced records cannot form proper basis for decision without being in evidence. Witness competence – Testimony of purported government officers requires proof of authority and the records relied upon
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19 Disemba 2011 |
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Criminal law – defilement – corroboration of complainant’s evidence – investigator’s recovery of underpants with blood/semen and witnesses’ observations provide corroboration. Medical evidence – expert’s role is to give opinion on findings (bruising, signs of forced entry), not a conclusive statement of penetration
Appeals – second appeal limited in disturbing concurrent findings of fact; grounds not raised on first appeal ordinarily not entertained on second appeal
Reliability – naming suspect at earliest opportunity as assurance of witness reliability (Marwa principle)
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15 Disemba 2011 |
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Civil procedure – preliminary objection – competence of appeal – validity and computation of certificate of delay; remedial power under Rule 130 of the Court of Appeal Rules, 2009; certificate of accuracy – procedural deficiency; misnaming of parties – amendment to prevent injustice.
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14 Disemba 2011 |
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Family law – Matrimonial assets – Division of property acquired during marriage/cohabitation – Joint efforts doctrine applied to houses built during union; equal shares where both parties contributed. Procedural law – Requirement for trial court to give reasons when dividing matrimonial assets and to consider value/condition of assets
Appeal – Appellate correction of unexplained or unreasoned asset apportionment
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12 Disemba 2011 |
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Criminal law – murder – circumstantial evidence – standard that facts be incompatible with innocence; voice identification – admissibility where witness familiarity shown; appellate jurisdiction – limits on entertaining constitutional complaints not raised at trial and Article 99 restrictions regarding Zanzibar Constitution.
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12 Disemba 2011 |
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Civil procedure – jurisdiction – time-bar (limitation) – plaint averments determine forum; Limitation Decree s.19(1) (acknowledgement in writing) – recommendation by committee not an acknowledgement; administrative pursuit does not toll limitation; court must dismiss time‑barred suits for want of jurisdiction (s.3(1)).
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12 Disemba 2011 |
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Civil procedure – Limitation – jurisdiction – court lacks jurisdiction to entertain time-barred suits under the Limitation Decree (item 102)
Limitation Decree s.19(1) – requirement of a written, signed acknowledgment of liability by the party against whom the right is claimed and made before expiry of the limitation period. Administrative remedies – pursuing administrative channels does not toll or extend statutory limitation absent valid acknowledgment
Jurisdiction – courts must raise want of jurisdiction for time-barred claims and may dismiss sua sponte under s.3(1)
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12 Disemba 2011 |
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Criminal law – murder conviction based on circumstantial evidence; voice identification by familiar neighbours; limits on Court of Appeal jurisdiction to hear Zanzibar constitutional complaints not raised at trial; insufficiency of intoxication/fall hypothesis where injuries and postmortem indicate traumatic haematoma.
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7 Disemba 2011 |
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Civil procedure – Preliminary objection must be decided before trial on merits – Jurisdictional objections require determination first – Failure to rule on reserved preliminary objection renders subsequent proceedings a nullity – Necessary party must file pleadings before participating; improper participation and later summons as court witness irregular.
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7 Disemba 2011 |
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Procedure — Preliminary objection — Reserved ruling must be delivered before trial proceeds; jurisdictional objections to be determined first — Failure to rule renders subsequent proceedings a nullity
Pleadings — Necessary party (Registrar of Documents) participating without written statement of defence and later summoned as court witness — procedural irregularity. Appellate jurisdiction — Exercise of revisional power to quash proceedings and remit preliminary objection for fresh hearing
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2 Disemba 2011 |
| Novemba 2010 |
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Court of Appeal — Restoration of dismissed appeal — Rule 72(5) Courts Rules, 2009 — Requirement to show sufficient cause; Delay excuses — lack of legal aid and unavailability of prison officer; Necessity of supporting affidavit or evidence; Credibility affected where appeal was prosecuted by learned advocates.
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29 Novemba 2010 |
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Civil procedure - Stay of execution - requirement of an existing judgment or decree to stay; preliminary objection resulting in dismissal; Rule 11(2)(b)-(e) Tanzania Court of Appeal Rules, 2009.
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26 Novemba 2010 |
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Appellate procedure – requirement of leave under s.5(1)(c) where appeal originates from a Regional Court – distinction between leave to appeal out of time and extension of time to apply for leave to appeal – procedural competence and abuse of process.
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26 Novemba 2010 |
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Criminal procedure – jurisdiction of magistrate with extended jurisdiction – assignment of cases to magistrates vested in Chief Justice – invalid transfer by unauthorized judge vitiates jurisdiction. Criminal procedure – nullity – proceedings conducted without lawful jurisdiction are null and void ab initio and incurable. Drugs offences – procedural competence – retrial ordered where trial court lacked lawful authority
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26 Novemba 2010 |
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Jurisdiction — invalid transfer of case to magistrate with extended jurisdiction — proceedings null and void ab initio — fatal jurisdictional error — retrial ordered.
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26 Novemba 2010 |
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Constitutional law – Union matters – Arms and Ammunition Act applicability to Zanzibar; Evidence – expert testimony admissible based on experience as well as formal qualifications; Criminal law – unlawful possession of firearm requires proof of possession, not a named complainant; Appellate review – trial court credibility findings entitled to deference; Sentencing – sentence not manifestly excessive for unlawful possession of lethal weapon.
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25 Novemba 2010 |
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Constitutional/Union law – applicability of Union Arms and Ammunition Act to Zanzibar – Articles 4(3) and 64(4) and section 2 of the Act; Evidence – expert opinion in ballistics admissible on basis of training and experience, not confined to gazetted experts; Criminal law – unlawful possession of firearm requires proof of possession only, absence of complainant immaterial; Appeals – appellate deference to trial court credibility findings; Sentencing – appellate court will not interfere where sentence is not manifestly excessive.
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25 Novemba 2010 |
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Criminal procedure – amendment/substitution of charge mid‑trial – requirement under s.218(3) to inform accused of right to recall witnesses and allow further cross‑examination
Evidence – documentary evidence and audit reports must be tendered to substantiate charges of false accounting; absence may preclude retrial
Remedy – non‑compliance with mandatory procedural safeguards renders trial a nullity; retrial not ordered where prosecution evidence is lacking
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25 Novemba 2010 |
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Criminal procedure – Amendment of charge – section 218(3) C.P.C. – duty to inform accused of right to recall/re-cross-examine witnesses – failure renders trial a nullity; Evidence – documentary audit report not tendered – absence of primary evidence may preclude retrial.
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25 Novemba 2010 |
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Criminal law – Visual identification – Evidence must be watertight before conviction; inconsistencies in witness descriptions and absence of contemporaneous description undermine identification. Identification parade – Cannot cure defects where preconditions for reliable identification are not established. Benefit of doubt – Appellant entitled to release where identification is not proved beyond reasonable doubt
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25 Novemba 2010 |
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Civil procedure – restoration of appeal – requirement to attach relevant documents (dismissal order) when applying for restoration. Civil procedure – locus and filing – Rule 51 (2009 Rules) requires applications be lodged in appropriate registry unless supported by a certificate of urgency. Time limits – Rule 105(3) (1979 Rules) – restoration applications must be filed within thirty days; failure to seek leave for late filing is fatal. Procedural compliance – non‑compliance renders application incompetent and liable to be struck out with costs
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25 Novemba 2010 |
| Oktoba 2010 |
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National Defence Act s.63 – Limitation of actions – Six‑month time limit for suits arising from acts under the Act – Time‑bar renders proceedings a nullity; Limitation preferred to jurisdictional enquiry.
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22 Oktoba 2010 |
| Machi 2010 |
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Criminal procedure – Assessors – Failure of trial judge to sum up to assessors – not cured by s.394(1)(a) – constitutes illegal/defective trial – retrial ordinarily required
Assessors – procedural requirements: selection and objection, numbering, explanation of role, opportunity to question witnesses with recorded answers, summing up of facts and law, and recording individual opinions
Remedy – retrial before a different judge where summing up omission occurred
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2 Machi 2010 |
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Labour law – wrongful dismissal – employer must prove misconduct; annexures to pleadings are not evidence
Evidence – documentary evidence must be tendered and admitted; absence of direct or reliable circumstantial evidence cannot sustain dismissal
Procedure – assessor opinions: presiding judge must record assessor's opinion and reasons for disagreement (s.83(5), Labour Relations Act). Civil procedure – judgment contents: Order XXIII Rule 3(2) requirements (case statement, points, decision, reasons)
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1 Machi 2010 |
| Februari 2010 |
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Civil procedure — dismissal for non-appearance (Order XI, r.9); setting aside dismissal (Order XI, r.10); framing of issues — omission not fatal where real issues were litigated; annexures to pleadings not evidence unless tendered; appellate revision to expunge improperly received evidence and quash ex parte judgment.
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12 Februari 2010 |
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12 Februari 2010 |
| Disemba 2009 |
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Court of Appeal — extension of time — Rule 8 application for leave to file appeal out of time — notice of appeal validity where record contains defective decree — citation of Rule 83(1) not fatal if enabling provisions cited — factors for granting extension (length and reasons for delay, prejudice, prospects, diligence).
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16 Disemba 2009 |
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Court of Appeal Rules — Rule 40(1) (correction of errors) — limitation of time; Rule 8 — Court may impose time limits by decision; sixty‑day limit applied by analogy to review/revision precedents. Procedural law — preliminary objection — time‑barred applications — refusal to enlarge time for excessive delay
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11 Disemba 2009 |
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Court of Appeal — stay of execution under Rule 9(2)(b); requirements: prima facie appeal prospects, irreparable harm, balance of convenience; jurisdictional objection must be supported by the record/affidavit; oral submissions cannot substitute for affidavit evidence.
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11 Disemba 2009 |
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Civil procedure — extension of time — affidavit verification — defective affidavits — preliminary objection — chamber application struck out — FOUM v Registrar of Cooperative Societies (1995) T.L.R. 75 applied.
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11 Disemba 2009 |
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Civil procedure – duty to frame issues (Order XVI Rule 1(5)); Judgment contents – concise statement, points for determination, findings and reasons (Order XXIII Rule 3(2)); Preliminary objection – necessity to decide time-bar and to examine prior judgment for res judicata; Labour law – mandatory requirement to seek and record assessors' opinions (Labour Relations Act s.83(4)–(5)); Trial nullity – cumulative procedural defects warrant retrial de novo.
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11 Disemba 2009 |
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Criminal procedure – narcotics – chain of custody – failure to document seizure/handling of exhibits permits inference of possible tampering and undermines reliance on forensic analysis; appellate intervention justified where material non-direction on evidence exists.
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10 Disemba 2009 |
| Januari 2009 |
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Limitation — part payment restarts limitation period; Contract law — legality/public policy of foreign creditor transactions; Proof of debt — evidence and account statements; Set-off/appropriation of proceeds; Repossession clause as security (validity and limits); Illegal managerial/executory orders — court cannot act as manager/receiver absent pleadings.
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7 Januari 2009 |
| Disemba 2008 |
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Civil procedure – Preliminary objection – Locus standi – Trial judge’s failure to hear parties and decide preliminary objections – Proceedings declared nullity – Ruling and orders set aside and file remitted.
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2 Disemba 2008 |
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Civil procedure — Preliminary objections; locus standi — failure to address objections and to hear parties — procedural irregularity — nullity of proceedings; appellate revisional powers — setting aside rulings and remitting matter for proper determination.
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2 Disemba 2008 |
| Novemba 2008 |
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Appellate procedure – leave to appeal – requirement that intended appeal have some merit or reasonable prospects of success before leave is granted; Evidence – appellate interference in findings of fact and credibility limited where intended appeal is primarily evidential; Civil procedure – execution to proceed where leave to appeal is refused.
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28 Novemba 2008 |
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Appellate procedure – leave to appeal – requirement that intended appeal have reasonable prospects of success before leave is granted
Evidence – indebtedness – sufficiency of oral evidence versus absence of documentary proof
Execution – refusal of leave permits execution to proceed
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28 Novemba 2008 |
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Appellate procedure — Leave to appeal — Granting leave only where intended appeal has reasonable prospects; evidential disputes and balance of probabilities; refusal of leave where central issue is credibility and lower courts’ findings stand.
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28 Novemba 2008 |