Civil Procedure – Extension of time – Application to set aside ex parte judgment – Delay of 540 days – Requirement to account for each day of delay – Technical delay excusable only where applicant is otherwise diligent – Illegality as ground for extension – Illegality must be apparent on the face of the record.
Matrimonial causes – Divorce petition – Abatement upon the death of a party
Civil Procedure – Extension of time – Principles governing extension – Duty to account for every day of delay – Inordinate and unexplained delay – Allegation of illegality must be apparent on the face of the record.
Preliminary Objection – Must be on a pure point of law – Objection intertwined with contested facts – Jurisdiction and right to be heard cannot be overtaken by events – Divorce petition – Death of petitioner – Application for extension of time to set aside ex parte judgment.
Civil Procedure – Burden of Proof – In civil cases, the Plaintiff bears the burden to prove claims on a balance of probabilities; allegations of fraud or forgery require cogent and compelling evidence.
Contract – Existence of Agreement – Where no documentary evidence establishes a contractual relationship between the parties, the Court cannot infer an agreement to pay for goods merely from delivery orders or oral assertions.
Conspiracy – Unlawful Release of Goods – To establish civil conspiracy, a Plaintiff must prove concerted action and unlawful intent; mere suspicion or irregularities in documents without proof of collusion are insufficient.
Criminal Law — Narcotic Drugs — Unlawful possession — Elements of possession — Chain of custody — Burden of proof — Section 21(1)(d) of the Zanzibar Drugs Control and Enforcement Authority Act No. 8 of 2021.
Jurisdiction - Whether this Court has jurisdiction to entertain a Labour matter