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64 judgments found.
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December 1999
Reported
The court declared the appellants' trial null and void and ordered a retrial before another judge.
Criminal law — Criminal appeal — appellate power to declare trial null and void — order for retrial before another judge — remedial jurisdiction of appellate court
13 December 1999
A court will not strike out a Notice of Appeal for counsel’s procedural omissions; appellant granted time to cure defects and appeal proceeds.
Appellate practice — striking out appeals for procedural lapses — Whether counsel’s omissions justify striking out an appeal — Court’s discretion to grant time to cure defects
10 December 1999
November 1999
Civil practice and procedure
— Civil Procedure Code 1966
— Order for compensation — Whether correct to use the dollar to calculate judicial compensation for the purpose of- Setting devaluation.Judgment — Basis of judgment — Whether extraneous information may be acted upon
— Order IX, rule 6 ofthe Civil Procedure Code 1966 — Whether it applies only when the suit is called for hearing on the first occasion
Civil procedure — Order IX — Whether the modification in. Number 376 of 1968 applies where the Attorney General is one of several defendants
26 November 1999
A stay of execution cannot be granted once the decree has been executed by seizure/attachment of the respondent’s property.
Civil procedure
— Execution — Attachment of movable property — Proper execution and warrant of attachment precludes later grant of stay once seizure effected
— Stay of execution — An order for stay presupposes that a decree has not been executed — Where execution has proceeded to attachment/seizure of property a stay will be inappropriate
12 November 1999
Stay of execution pending appeal granted because High Court ordered reconsideration, not immediate repossession, so applicants not in default.
Administrative law
— prerogative orders (certiorari and mandamus) — self‑executing nature — execution against government subject to special procedures
— stay of execution pending appeal — whether applicant in default of order — direction to revisit administrative decision and fair conduct required
12 November 1999
A notice of motion lacking citation of the enabling provision renders the applicant's application incompetent and struck out.
Civil procedure
— applicant's conduct (tenant vacated and premises re-let) affects merits
— Notice of motion
— Preliminary objections
— Stay of execution
10 November 1999
Court granted leave to appeal and stay, permitting one affidavit to represent multiple applicants when represented by same advocate.
Appellate practice — leave to appeal — Whether points of law arising from the High Court judgment justify leave to appeal to the Court of Appeal — Fresh application to this Court
Civil procedure — Affidavits — Supporting affidavit by one co‑applicant — whether an application by multiple applicants must be supported by affidavits from all applicants
Company law — Company governance — Orders on conduct of meetings and liability of non‑directors — Companies Ordinance s.112(3)
10 November 1999
Court struck out respondents' notices of appeal as time‑barred after finding the High Court ruling was delivered earlier.
Appellate practice — extension of time to file notice of appeal — Determination of date of delivery of High Court ruling
Civil procedure — Affidavit defects — Argumentative averments, legal conclusions and prayers in affidavit
Evidence — Oath and affirmation — Muslim witness may elect to swear an oath; proviso permitting affirmation does not prohibit swearing
2 November 1999
October 1999
Civil practice and procedure — Stay of Execution — Application to the Court of Appeal for stay of execution of a High Court decision where no Notice to Appeal against it is lodged — Whether the application is competent
29 October 1999
Repeated attempts to obtain costs and interest denied; extension refused as time‑barred and abusive.
Appellate practice — Appellate jurisdiction — correction/variation inappropriate where issue (interest on decretal sum) is a separate matter for the trial court
Civil procedure
— Costs — silence in judgment does not imply an award of costs
— extension of time — refusal where delay is self‑caused and applications amount to abuse of process
29 October 1999
Reported
Application for extension to vary judgment to award costs and additional interest dismissed as time‑barred and an abuse of process.
Civil procedure
— correction/variation of judgment — extension of time to apply for correction — costs — silence in judgment does not imply costs awarded — abuse of court process
— decretal interest — separate remedy to be pursued in trial court
29 October 1999
Civil practice and procedure
— Extension of time — Application for extension of time to apply for correction or variation of Judgment — Application filed more than a year after the applicant is made aware of the need for it — The delay is inordinate
— Judgment — Correction of errors in a judgment jj — High Court omits to award interest on a decretal amount — Whether that is an error which the Court of Appeal may correct under
29 October 1999
Ex parte interim injunction set aside for failure to justify dispensing with mandatory notice and for being unduly wide.
Civil procedure — Injunctions
11 October 1999
Reported
An ex-parte interim injunction granted without mandatory notice under Order 37 r.4 and without proving good cause is invalid.
Civil procedure — Injunctions
11 October 1999
Civil practice and procedure — Interim injunction
— Reasons to be disclosed for requesting the court to dispense with service of notice
— When it can be granted without serving notice on the respondent
11 October 1999
Civil practice and procedure — Stay of Execution — Application for Stay of Execution — Stay of execution sought where there is no court order granting to the respondent any right to execute or to do anything affecting the rights or interests ofthe applicant — Whether the application is competent
Civil procedure
— Application for stay of execution ofthe decision ofthe high court of tanzania, at songea, mwipopo, j., dated 26 june 1999, in misc
— Civil application no. of 1999)
8 October 1999
Reported
A stay cannot be granted where the High Court merely set aside an injunction and conferred no enforceable rights.
Civil procedure
— Stay of execution pending appeal — Whether an order that merely sets aside a lower court's injunction is capable of being stayed pending appeal
— Service of Notice of Appeal — Validity of service on a university officer (secretary to Vice Provost) as service on the respondent
8 October 1999
September 1999
A primary tortfeasor cannot be struck out and substituted by a non‑legal official title under Order 1 rule 10(2).
Civil procedure — Joinder of parties
— Application under Order 1 Rule 10(2) and Section 95 CPC — Whether a primary tortfeasor can be struck out and substituted by an official title
— Order I r.3 (joinder where reliefs arise from the same act or series of acts) — Joinder permitted where rights to relief arise from same act/transaction and common questions of law or fact
Civil procedure — parties and capacity — Non‑legal descriptions (e.g. 'Chairman, ...') are not proper defendants to be added where the person sued in personal capacity is necessary
10 September 1999
Wakf held not absolute; respondent awarded two-thirds and applicant one-third of house, effected by room allocation, costs each party.
Land law — Practical partition
— Court of Appeal clarification under procedural rule on implementation of judgment
— effecting fractional shares by allotment of rooms and outbuildings
Land law — Property law — wakf — whether an intended wakf was absolute or subject to inheritance
Land law — Succession/inheritance — apportionment
7 September 1999
Reported
Whether an alleged timely filing of a defence was genuine and consequences of counsel-induced fabricated filing.
Civil procedure — Default judgment — Defendant's failure to file written statement of defence — Fabricated filing and exchequer receipt — Order 8 Rule 14 Civil Procedure Code
Legal profession — Advocates’ professional conduct — Counsel misconduct: fabrication to mislead court — Misconduct vitiating proceedings
7 September 1999
High Court ruling set aside where respondents' alleged timely filing was forged, remitted for default-order under Order 8.
Civil procedure — Default judgment — Defendant's failure to file written statement of defence — Forged filing/receipt — High Court ruling set aside
Legal profession — Advocates’ professional conduct — Forgery and misleading the court — Remittal and strong condemnation
7 September 1999
Reported
Legal profession — Advocates — Misconduct committed on instructions of advocate -Advocate’s misconduct- Advocate’s deceit calculated to mislead court to make a wrong finding of fact is an attempt to pervert the course of justice
7 September 1999
Reported
Tribalist campaign statements by a candidate or agents, proved with knowledge and consent, void the election under s.108(2)(a).
Evidence
— appellate review of credibility — when to disturb trial findings
— Burden of proof in election petitions — grave allegations
6 September 1999
August 1999
Primary Courts lack jurisdiction over land held on right of occupancy; proceedings are nullities without High Court leave.
Jurisdiction — Primary Courts — Limits on jurisdiction over land registered under the Land Registration Ordinance or held on Government lease/right of occupancy
31 August 1999
Review application dismissed for failure to show manifest error or sufficient prejudice from denial of counsel choice.
Civil procedure — Review — inherent jurisdiction to correct manifest error on face of record — Exceptional and limited circumstances
Constitutional law — Constitutional right to legal representation — Alleged denial of choice of counsel in trial court — Requirement to prove actual prejudice before nullifying proceedings
27 August 1999
Stay denied where applicant failed to show good cause for delay and no prospect of success on appeal.
Civil procedure — Stay of execution pending appeal — Requirement that intended appeal have prospects of success — Delay in seeking leave to appeal out of time
20 August 1999
Whether a verbal death threat amounts to provocation or lawful self-defence—court held it did not; appeal dismissed.
Criminal law
— Murder- Provocation — Whether verbal threats by the deceased can found provocation depriving accused of self-control
— Self-defence — Pre-emptive killing in response to a threat does not constitute lawful self-defence
Evidence — Extra-judicial/confessional statements — admissibility and weight in supporting conviction
19 August 1999
Reported
Preliminary objection to appeal for defective service and alleged missing petition dismissed; appeal ordered to proceed to hearing.
Civil procedure
— Appeals — Service of notice, memorandum and record of appeal — Validity of service on an advocate at an address provided for service
— records of appeal — Alleged omission of original petition
Legal profession — Advocacy — client’s unconditional right and prejudice if denied
13 August 1999
Reported
Election law — Elections
— Nullification of- Racist statements — Whether sufficient to nullify elections
— Votes ofregistered voters who did not vote — Pro-rata apportionment of Elections — Free andfair elections — Chaos during elections -Whether elections can be said to be free and Fair
13 August 1999
July 1999
Reported
Civil practice and procedure
— Balance ofconvenience — Guiding principles
— Discretion — Exercise of discretion-Principles underlying exercise ofsuch discretion
— Execution — Stay of execution of High Court order — Power ofCourt ofAppeal
— Jurisdiction — Jurisdiction of the court- Whether parties may, by agreement, conferjurisdiction on a court
— Orders — Preservatory measures -Whether may be made in the absence of a suit
— Preservatory measures — Whether judgment for monetary payments is a preservatory measure
8 July 1999
Reported
Held that the High Court prima facie lacked jurisdiction to award monetary interim payments without a suit; stay granted.
Civil procedure — interim relief — inherent jurisdiction of High Court to grant interlocutory relief — Application of Order XLII r.2, s.68(e) and s.95 Civil Procedure Code and s.2(2) Judicature Ordinance
8 July 1999
Reported
Criminal law — Criminal practice and procedure
— Conviction on a plea of guilty — Appellant convicted on own plea of guilty of manslaughter while the facts narrated revealed accidental killing — Whether the appellant was properly convicted
— Sentencing — Sentence for manslaughter. Appellant sentenced to seven years ’ imprisonment -Whether the sentence is proper
5 July 1999
Applicant’s delay in seeking leave to appeal was inexcusable; time runs from notification of the ruling, not its signing.
Civil procedure — Appeals — leave to appeal out of time — computation of time from date ruling brought to parties' attention
1 July 1999
Reported
Waiver of service granted where deceased respondent had no appointed representative and nobody to be served.
Civil procedure — Court of Appeal — Service of record and memorandum of appeal — Deceased respondent without appointed administrator — Whether to enlarge time to serve or waive service
1 July 1999
Court waives service of appeal records where deceased respondent has no appointed legal representative and took no part below.
Civil procedure
— service of record of appeal — deceased respondent with no appointed administrator — extension of time cannot be granted where no one to serve
— waiver of service — Court may waive service where no person on respondent’s side took part in lower court proceedings
1 July 1999
June 1999
Defamatory imputations of criminality at campaign rallies can vitiate an election; corrupt‑practice findings require proof of the triggering event.
Election law — defamation in political campaigns — imputations of criminal conduct, wide publication and effect on free and fair elections
Election law — proof of alleged campaign meetings and linked corrupt practices
Election law — Rule 6 Election (Election Petition) Rules
— court's power to consider unpleaded or time‑barred matters where evidence is before the court
— evidentiary contradictions and standard of proof in election petitions
28 June 1999
Reported
Defamatory and tribal campaigning upheld as grounds to void election; corrupt-practice finding tied to an unproven meeting set aside.
Election law — corrupt practices — dependency on proven facts
Election law — defamation in political campaigns
— imputations of criminality and presumption of electoral prejudice
— wide publication
Election law — Elections — Election petitions — Proof and credibility of campaign events
Election law — Rule 6 Election Rules — court’s power to deal with unpleaded matters and tribalism in public interest
28 June 1999
Lack of statutory consent under land regulations does not make a sale void but renders it unenforceable to the extent prejudicial to the paramount landlord.
Land law — disposition of rights of occupancy
— refusal of consent renders contract unenforceable
— regulation 3
18 June 1999
Reported
Whether lack of statutory consent for disposition of a right of occupancy renders the contract void or merely unenforceable.
Land law — Dispositions of rights of occupancy — Regulation 3 (1948/1960) — Contracts valid but unenforceable to protect paramount landlord
18 June 1999
Reported
Civil procedure — Court of Appeal — Full bench — An ordinary Court referring a matter of law for decision of the same Court sitting as full bench of five justices — Basis therefore
Contract — Sanctity of contract — English principle of sanctity of contract not excluded in the Law of Contract Ordinance Chapter 433 — Part of the law of contract of this country
Land law — Land Regulations, 1948 and 1960
18 June 1999
Employee failed to prove entitlement to subsistence/repatriation allowance; entitlement limited to employees brought into place of work.
Employment law — subsistence allowance and repatriation expenses — entitlement limited to employees brought into place of employment by employer — proof on balance of probabilities required
18 June 1999
May 1999
Notice of motion struck out because it was filed by an unqualified advocate, improperly signed, and raised matter already decided by the Full Court.
Civil procedure
— Application under Rule 83(1) — certificate of exemption challenged
— Remedy for new material — review of Full Court decision
— Res judicata / finality — Full Court decision binding on single judge
— signature requirements for motions — applicant
Legal profession
— Advocates’ ordinance ss 39 & 41 — advocate’s practising certificate
— Competency of proceedings — unqualified person instituting proceedings
21 May 1999
A motion filed by an unqualified advocate was incompetent and struck out; prior full Court decision must be challenged by review.
Civil procedure — validity of Notice of Motion and affidavit — proper signing and formal requirements
Legal profession — Advocates' ordinance s.39(1) — Acting as advocate without practising certificate — procedural incompetence of proceedings
21 May 1999
Misjoinder causing dismissal is an "other cause of a like nature" under s.21(3)(c), so prior proceedings' time is excluded for limitation.
Limitation law — Limitation of actions — exclusion of time while prior proceedings were prosecuted where dismissal was for misjoinder (defect of jurisdiction) — fresh suit within
7 May 1999
April 1999
Appeal dismissed: reliable eyewitness identification upheld and conviction and statutory minimum sentence affirmed.
Criminal law — Robbery with violence — Identification evidence
— appeal summarily dismissed
— reliability and opportunity to observe
23 April 1999
A supplementary record cannot cure an appeal rendered incompetent by counsel's fundamental negligence; extension refused.
Civil procedure
— Appeal record — Supplementary record — Whether a supplementary record can cure an appeal rendered incompetent by omission of the decree
— Extension of time to appeal — negligence/inattention of counsel not a sufficient excuse — Whether a supplementary record can cure an appeal rendered incompetent by omission of the decree
13 April 1999
Leave to appeal refused where applicant failed to justify absence and raised no arguable point of law.
Civil procedure
— application for leave to appeal to Court of Appeal — leave refused where dispute is factual and no point of law arises
— Right to be heard (audi alteram partem) — Ex parte judgment — Waiver of right to be heard
9 April 1999
March 1999
Dismissal for alleged abscondment was wrongful because the employer failed to follow its mandatory disciplinary procedures and time limits.
Employment law — wrongful dismissal
24 March 1999
Representative suits require court permission and disclosure of members' identities; failure makes proceedings void.
Civil procedure — Representative suits — Requirement of court permission for one person to sue or defend on behalf of others — Failure to comply renders proceedings a nullity
15 March 1999
Reported
Validity of Court of Appeal's revisional powers and procedural errors in appointing provisional liquidators.
Company law — Provisional liquidators — Procedural requirements in winding up proceedings
Constitutional law — Court of Appeal powers — Revision
12 March 1999