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Nukuu
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Tarehe ya hukumu
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| Disemba 1999 |
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(From the Judgment ofthe High Court ofZanzibar at Vuga, Dourado, J., in Sessions Case No. 2 of 1998 dated 23 March 1999) Criminal Practice andProcedure - Transfer ofCases - Whether the ChiefJustice can transfer a partly heard case from one judge to another - Section 13 ofthe High Court Act Number 2 of 1985
Criminal Practice and Procedure - Bias - Allegations ofbias against a Judge - Such allegations not to be taken lightly
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13 Disemba 1999 |
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Civil procedure — Stay of execution — Court of Appeal may grant stay only where a proper notice of appeal has been lodged (Rule 9(2)(b)) — Notice of appeal against substantive judgment does not validate an application to stay an intervening ruling refusing a stay — Application incompetent and struck out.
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3 Disemba 1999 |
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Civil procedure – appeal procedure – service of record of appeal – Rule 90 requirement to serve copy within seven days – failure to obtain leave to serve out of time – Rule 82 sanction of striking out. Adequacy of explanation for late service – need for corroboration and for seeking extension of time. Court will not extend time in absence of application; public importance irrelevant without such an application. Costs awarded to successful applicant and to respondent affected by abandoned prayer
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2 Disemba 1999 |
| Septemba 1997 |
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Judicial review — functus officio — judge cannot suo motu vary earlier order without review application; procedural fairness — parties must be heard before varying orders; Immigration law — judicial direction to issue entry permits/special passes.
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26 Septemba 1997 |
| Agosti 1997 |
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Civil procedure – Appeals – Requirement of leave to appeal and contents of record of appeal (Rules 76, 83, 89) – Effect of absent leave: appeal not instituted – Rule 3 discretion to depart from Rules in the interest of justice must protect both parties – Established practice: strike out or deem withdrawal of notice of appeal – Costs under Rule 84(a).
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1 Agosti 1997 |
| Julai 1997 |
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Criminal law – Identification evidence – Visual identification at night – Danger of unsafe convictions where identification is uncertain or conditions (darkness, fleeing crowds) impair reliability. Appellate review – Misdirection by judge regarding facts not supported by record may vitiate decision
Procedure – Impropriety of remanding accused after bail at prosecutor’s request in anticipation of appeal
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4 Julai 1997 |
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Civil procedure – Execution of decrees – Whether a lower court may order execution while an application for stay is pending before a superior court – Importance of challenging the correct order (registrar’s execution order versus later follow-up order of a judge).
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4 Julai 1997 |
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(Appeal from the judgment of the High Court of Zanzibar at Zanzibar, Dahoma J) Civil Practice and Procedure - Appeals - Requirements - Order Hl Rule 3 of the Zanzibar Civil Procedure Decree Cap 8
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4 Julai 1997 |
| Februari 1997 |
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Contract law – Representation as partnership – Section 238(1) Law of Contract Decree – liability arising from conduct and representation. Contract evidence – Written undertaking as guarantee – Exhibit PI held to be clear guarantee inducing delivery
Evidence – Rejection of alleged receipts and documents as forged or irrelevant where authorship and materiality not established. Civil procedure – Death of party after close of hearing – Order XXVI Rule 6 and Section 129 preserve proceedings; substitution of legal representative permitted
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26 Februari 1997 |
| Agosti 1996 |
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Administrative law – natural justice – tribunal members who decide must have heard all the evidence – coram changes vitiating decision; Procedural requirements – requirement that decision be by majority of members present and voting – failure to record votes undermines validity; Legality of tribunal – potential expiry of members’ tenure may cast doubt on decision.
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7 Agosti 1996 |
| Juni 1996 |
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Criminal procedure — Magistrate’s power to convert criminal to civil proceedings — No general power; only permitted after hearing, on withdrawal (s.172) or nolle prosequi (s.75) — Company law — Separate legal personality — Director/shareholder may be criminally liable to company.
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12 Juni 1996 |
| Novemba 1995 |
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Taxation of costs – scope limited by Rule 118(1) to Court of Appeal costs – requirement for receipts and particulars – unsubstantiated claims disallowed – unsupported 'add half of all items' claim rejected.
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14 Novemba 1995 |
| Juni 1995 |
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Civil procedure – review of appellate judgment – jurisdiction – whether High Court may review Court of Appeal judgment; Rule 44 interpretation; procedural forum for review; newly discovered evidence and its sufficiency to justify review.
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16 Juni 1995 |
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Civil Practice and Procedure - Review - Judgment of High Court appealed against - Appeal Court hears the appeal and makes a decision - Whether a High Court judge can entertain an application to review his judgment already appealed against. Court ofAppeal Rules - Review - Judgment of High Court appealed against - Appeal Court hears appeal and makes a decision - Whether an application to review the judgment lies to the
High Court - Rule 44 Court of Appeal Rules
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16 Juni 1995 |
| Mei 1995 |
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Appellate procedure – rule 43(a) and (b) – time limits for applying for leave to appeal – extension of time – ignorance of law not a defence – bench composition for leave applications – matrimonial property rights.
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24 Mei 1995 |
| Novemba 1994 |
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Civil Practice and Procedure - Affidavits- Affidavit lacking verification and not disclosing source of deponent’s knowledge and information - Whether valid
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28 Novemba 1994 |
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Jurisdiction — Kadhi's Courts — limited to Muslim personal law (status, marriage, divorce, inheritance) — secular property title disputes not within Kadhi's jurisdiction. Fraud on the court — judgment obtained by forged document is void ab initio. Evidence of forgery — deceased seller predeceased alleged sale; postage stamps post‑date alleged execution. Appellate power — Court of Appeal may step into High Court's shoes (Appellate Jurisdiction Act) where matter is not one of Islamic law and review is required. Statutory declaration based on a fraudulently obtained judgment may be cancelled
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28 Novemba 1994 |
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Court of Appeal Rules 1979 — Rule 46(3) (requirement to attach High Court decision and order) — Rule 43(b) (time limit to apply for leave) — Rule 3(1) (discretion to relax procedural rules) — procedural compliance and consequences of filing out of time; misleading statements to court; costs ordered.
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28 Novemba 1994 |
| Julai 1994 |
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Civil procedure – preliminary objection on limitation – preliminary objections properly heard before framing issues; Limitation law – computation of limitation – cancellation of registration as commencement date; Limitation law – s.18 (fraud) – fraud postponement requires evidence that fraud prevented knowledge of the right; Appeals – service of notice of appeal – court dispatch records and Rule 3(1) discretion to regularise service.
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5 Julai 1994 |
| Mei 1994 |
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Court of Appeal Rules - Application to strike out a notice of appeal for failure to institute the appeal in time - Whether lack of money is a defence
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13 Mei 1994 |
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Evidence - Evidence of a spouse - Failure to warn oneself on evidence from a spouse
Evidence - Credibility of- Witnesses - Whether appellate court can assess credibility of witnesses
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13 Mei 1994 |
| Aprili 1994 |
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Land and title dispute – succession inheritance of house – demolition and rebuilding – credibility of witnesses – municipal records and building permits – sale of newly built house; appellate deference to trial court’s findings of fact.
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13 Aprili 1994 |
| Novemba 1993 |
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Criminal law – Theft by public servant – Insufficiency of evidence; Credibility of store attendant’s testimony; Authorship and proof of alleged written admission; Conviction unsafe and must be quashed.
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25 Novemba 1993 |
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Criminal law – conviction based on uncorroborated accomplice evidence – need for caution and corroboration. Criminal procedure – failure to comply with mandatory s.168 (recall of witnesses) upon change of magistrate – vitiates proceedings
Evidence – failure to cross-examine co-accused does not amount to proof of guilt or justify shifting burden of proof. Appellate review – adequacy of record review and reasoning required when upholding convictions
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25 Novemba 1993 |
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Property law – Transfer to oneself – Transfer of Property Decree (Cap. 150) – transfer to oneself void ab initio; fiduciary relationship and power of attorney do not permit appropriation without donor's consent; lack of consideration vitiates sale – appeal dismissed; costs to respondent.
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25 Novemba 1993 |
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Contract - Contract of sale - Party fails or refuses to perform an agreement - Court can order specific performance
Court of Appeal - Appeals to the Court of Appeal originating from District Courts in Zanzibar - Whether point of law should be certified for determination by Court of Appeal- Appellate Jurisdiction Act 1979
Court of Appeal - Appeals to Court of Appeals in cases originating from
District Courts in Zanzibar - Leave of the High Court is required - Appellate Jurisdiction Act 1979
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25 Novemba 1993 |
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Property law – Specific performance – Seller’s defence based on customary/clan objections and ancestral graves – evidentiary burden to prove lawful impediment to sale – seller’s repudiation in favour of higher-priced third-party sale – obligation to execute Deed of Sale.
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25 Novemba 1993 |
| Februari 1993 |
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Constitutional law — Union and Zanzibar constitutions — construction of Union statutes in light of constitutional amendments (Fifth Constitutional Amendment Act, 1984)
Constitutional conflict — whether Zanzibar Constitution Article 131(2) renders Union security legislation inapplicable
Criminal procedure — locus of authority to give consent to prosecute in the High Court of Zanzibar; role of Attorney‑General of Zanzibar and Director of Public Prosecutions; consequences of absent consent (nullity)
Legislative procedure — difference between tabling legislation in the Zanzibar House of Representatives and formal enactment under Union/Zanzibar constitutional framework
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24 Februari 1993 |
| Disemba 1992 |
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Evidence - Documentary - Document not registered as required by law - Right in immovable property indisputably established between the parties - Whether the Court may look at this otherwise inadmissible document
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4 Disemba 1992 |
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Evidence - Corroboration - Evidence which needs to be corroborated cannot corroborate
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4 Disemba 1992 |
| Machi 1992 |
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Criminal Practice and Procedure - Jurisdiction - Ruling on preliminary point relating to jurisdiction of trial court - Whether appealable - Whether Court of Appeal has jurisdiction to entertain the appeal
Criminal Practice and Procedure - Appeal - Jurisdiction Section C 6(2) ofthe Appellate Jurisdiction Act, 1979 Right to appeal
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13 Machi 1992 |
| Januari 1992 |
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Civil procedure – Appeals – strict compliance with Court of Appeal Rules; service of notice of appeal; time limits for lodging memorandum of appeal; Registrar’s certificate for delay; content of record of appeal (decree); penal consequence: striking out appeal.
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1 Januari 1992 |
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Criminal law – identification of stolen property – adequacy of in-court identification and requirement to link unique marks/serial numbers to complainant's property. Criminal law – accomplice evidence – necessity for independent corroboration; testimony of an accomplice's close relative not automatically independent corroboration
Appeal – conviction unsafe where identification and corroboration are deficient
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1 Januari 1992 |
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1 Januari 1992 |
| Disemba 1990 |
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Civil procedure – Counsel withdrawal and party representation – failure of instructed representative to communicate – application for dismissal under Court of Appeal Rules, 1979 rule 105 – discretion to dismiss versus grant of adjournment
Costs – wasted costs occasioned by an abortive hearing – obligation of appellants to pay respondents' travelling and incidental expenses. Court discretion – balancing injustice to absent appellants residing abroad against inconvenience to Court and respondents
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4 Disemba 1990 |
| Aprili 1990 |
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Property — equitable ownership — whether payments and conduct of parties established appellant’s equitable right to land and title despite registered possession by respondents; evaluation of credibility of witnesses and documentary evidence (branch minutes, third‑party testimony).
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23 Aprili 1990 |
| Mei 1989 |
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Contract - Oral loan agreement - Concluded by one of the directors of a company - Loan money given to the director - Whether company liable to repay the loan
Company Law- Directors - Powers - One of company directors concludes an oral loan agreement and receives the money - Whether company liable to repay the loan - Section 33(b) Companies Decree of Zanzibar-Relevant articles of the Articles of Association of the Company considered and construed
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17 Mei 1989 |
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Civil procedure – extension of time under Rule 8 – inordinate delay caused by former counsel's negligence or abandonment is generally not sufficient cause for extension unless extraordinary or minor-circumstance exceptions apply; leave to appeal under s.5(1)(c) of the Appellate Jurisdiction Act need not enumerate points of law.
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16 Mei 1989 |
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Civil procedure – appeals – failure to prosecute – whether failure to take an essential step after filing Notice of Appeal permits striking out under Rule 82 of the Court of Appeal Rules.
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15 Mei 1989 |
| Mei 1988 |
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Criminal law – duress/compulsion as a defence – burden on accused to prove duress – credibility of afterthought defences raised first at trial – appellate deference to trial judge’s findings of fact and credibility in smuggling/export offences
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6 Mei 1988 |
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Appeal out of time; receipt of judgment by third party; proof of authority to receive judgment; duty of absent litigant to make provision to learn judgment; discretion under Rule 8 to extend time.
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6 Mei 1988 |
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Civil procedure – application for extension of time under Rule 8; authority to receive judgment for another – power of attorney not invariably required but convincing proof of authority necessary; absence abroad and lack of diligence not a sufficient cause for extension.
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6 Mei 1988 |
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Criminal Practice and Procedure - Substituted conviction - “Being in possession of property suspected to have been stolen” substituted for “Stealing by servant" - Whether irregular - Section 271 ofthe Criminal Procedure Decree
Evidence - Ofaccomplice - Corroboration
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5 Mei 1988 |
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Criminal law — possession of property suspected to have been stolen — corroboration of accomplice evidence; statutory requirement of Attorney General's sanction for prosecutions under section 285A; substitution of conviction under section 271(1)(a) Criminal Procedure Decree.
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5 Mei 1988 |
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Criminal law — Homicide: provocation and self-defence; distinction between manslaughter and murder where attack continues after initial blow; excessive force and pursuit as indicators of revenge; appellate substitution of conviction and sentence; assessors' opinion order.
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5 Mei 1988 |
| Januari 1988 |
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Administrative Law - Jurisdiction - Members of Zanzibar Sports Council whose tenure had lapsed - Whether competent to make effective decisions
Civil Practice and Procedure - Procedure in High Court of Zanzibar - Party proceeded by chambers summons - Whether permissible
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6 Januari 1988 |
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Sports law – administrative decisions – appeal from football association decisions to sports council – existence and validity of the appellate sports council at material time – High Court jurisdiction to entertain challenges to sports administrative decisions
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6 Januari 1988 |
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Company law – capacity and authority of directors to borrow under articles of association; agency and apparent authority; indoor management rule (Royal British Bank v Turquand) – liability of company for loans obtained through a director; evidence on whether advances are personal or corporate.
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1 Januari 1988 |
| Disemba 1987 |
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Criminal law – manslaughter versus murder; liability for death caused by deliberate electrified trap; inference of knowledge from location of connection; credibility of third‑party blame; sentence proportionality.
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30 Disemba 1987 |
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Criminal law – Manslaughter – Sufficiency of evidence to sustain conviction. Criminal law – Self-defence – Availability where accused acted fearing for life and household safety. Criminal law – Provocation – Effect in reducing or negating criminal liability
Appeal – Quashing conviction where trial judge wrongly excluded available defences
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30 Disemba 1987 |