Results.
61 judgments found.
Citation
Sort by Citation ascending
Judgment date
Sort by Judgment date ascending
December 2004
A stay of execution requires a notice of appeal against the decree and is time‑barred after 60 days.
Civil procedure — Stay of execution
— Requirement that an application for stay be accompanied by a valid notice of appeal — Rule 9(2) and Rule 76
— Time limit of 60 days under Law of Limitation Act — 60‑day limitation from date of decree
31 December 2004
Failure to indicate tenth lines and omission of non‑relevant documents do not render an appeal incompetent.
Civil procedure
— Preliminary objections — when omissions in the record constitute grounds for preliminary objection versus matters to be raised in defence to grounds of appeal
— Rectification
16 December 2004
Application for injunctive relief struck out for failure to serve notice and non-compliance with Court Rules.
Civil procedure — Court of Appeal — Civil procedure — competence of application — service of notice of motion
10 December 2004
Whether an excessive instruction fee for an appeal on a preliminary objection is reasonable under Court of Appeal taxing rules.
Civil procedure — Costs — Taxation of bill of costs — Instruction fees
2 December 2004
Review applications to the Court of Appeal must be filed within 60 days; otherwise they are struck out.
Civil procedure
— Law of Limitation Act inapplicable to Court of Appeal review — case law governs
— Procedure — When Court raises limitation issue, it may strike out time‑barred application and refuse costs
— Review — Limitation period for applications to the Court of Appeal — Court fixed sixty (60) days from date of judgment for review applications
1 December 2004
November 2004
Reported
Court reduced speculative fatal-accident award for lack of evidence and ordered formal apportionment by the trial judge.
Appellate practice — Appellate relief
— court may vary quantum but should not substitute calculation where evidence is inadequate
— may remit or accept parties' offer
17 November 2004
Omission of village in the information was not a manifest error; review application dismissed.
Criminal law; review of Court of Appeal decision; manifest error on face of record; omission of location in charge; identity established by admissions and witness evidence; inherent power to review.
17 November 2004
A notice of appeal validly lodged within time is not invalidated by a subsequent revocation of agency.
Civil procedure
— Agency — Power of Attorney validly authorising litigation representation — Subsequent revocation does not invalidate a notice validly lodged before revocation
— Preliminary objections — Reliance on rejected supplementary record — Court must not base decision on material from a record it has rejected
— Stay of execution — Requirement that an application for stay be accompanied by a valid notice of appeal — Determined by time of lodgement and substantial compliance with Form D
17 November 2004
Employees terminated and ordered reinstated were not entitled to arrears for the absence period; compensation under s.40A(5) governs entitlement.
Employment law — functus officio
— non-statutory allowances and entitlement
— variation of court orders without review
Employment law — Reinstatement orders — entitlement to arrears of wages for period of absence — employer's option to pay statutory compensation after 14 days
17 November 2004
Reported
A reference under Rule 57(1)(b) is informal; adding or withdrawing respondents by letter is permissible, and a stay requires notice, not leave.
Civil procedure — Amendment of parties
Civil procedure — Court of appeal procedure — informal written references to Registrar
Civil procedure — Stay of execution
— notice of appeal is prerequisite for stay, not leave to appeal
— stay to be decided on merits
Civil procedure — withdrawal of reference — letter to Registrar acceptable
12 November 2004
Reported
Civil practice and procedure
— Reference — Application for reference — Amendment of the letter applying for reference — Whether it is necessary to obtain leave of the court before making the amendment
— Stay of Execution — Whether leave to appeal is a e condition precedent for grant of stay of execution
12 November 2004
Leave to appeal granted where respondent's failure to serve written submissions condemned the applicant unheard.
Civil procedure
— Leave to appeal — grant of leave where underlying dispute not heard on merits — Failure to contradict affidavit alleging non‑service treated as admission supporting leave to appeal
— Written submissions — Failure to contradict affidavit alleging non‑service treated as admission supporting leave to appeal
12 November 2004
A demurrer is inappropriate where facts are disputed and civil committal requires judicial discretion; alleged officers must be heard.
Civil procedure
— Committal for disobedience — Exercise of judicial discretion — Necessity of full hearing
— preliminary objection — requirement that it raise a pure point of law on ascertained facts (Mukisa principle)
12 November 2004
Non‑service of required copies does not mean the Court was improperly moved; balance of convenience justified a stay.
Civil procedure
— Court of appeal rules (rule 51(2), rule 52(1), rule 57(1)) — service of extra copies and effect of non‑compliance on validity of moving the Court
— Precedent — balance of convenience applied in stay applications (see Stanbic Bank v. Woods)
— Reference and stay of execution — relevance of balance of convenience when granting stays pending appeal
12 November 2004
Defilement conviction upheld; DPP consent unnecessary and improperly admitted complainant’s statement was harmless.
Criminal law — Defilement — DPP consent not required where charge is defilement of a girl under 14, even if facts involve a step-child
Evidence
— Admissibility of absent complainant’s statement — statement improperly admitted
— Sufficiency of evidence
5 November 2004
Reported
Limitation of Time — Court Vacation — Application filed 3 days beyond the limitation period but during a time when the court is on vacation — Whether the application is time barred
4 November 2004
4 November 2004
Reference allowed: Court vacation under G.N.114/1979 excluded from time computation, making applicant's filing timeous.
Civil procedure — computation of time — exclusion of court vacation
Civil procedure — Reference — Full Court may interfere where single judge fails to consider material preliminary issue
— Per incuriam
— remission for reconsideration on merits
4 November 2004
A notice of appeal filed without required leave is incompetent and struck out; costs not awarded when not pleaded.
Appellate practice — Appellate jurisdiction — Requirement of leave to appeal under Section 5(1)(c) AJA — incompetence of notice of appeal filed without leave or extension. • Civil procedure
Appellate practice — award of costs presupposes a prayer in the pleadings. • Pleadings
— parties are bound by their pleadings
— unpleaded relief cannot be granted
3 November 2004
Stay granted pending appeal due to ambiguity in judgment and arguable challenge to vicarious liability.
Civil procedure
— Clarity of judgment — Requirement to state apportionment and ex parte findings — Effect on appeal and stay
— Stay of execution pending appeal — Conditions for grant of stay — Rule 9(2)(b) Tanzania Court of Appeal Rules
Tort — Vicarious liability — employer’s liability limited to acts committed in course and scope of employment
3 November 2004
October 2004
An advocate’s procedural mistake in filing appeals does not justify extension of time to seek leave to appeal.
Civil procedure — extension of time — whether advocate’s procedural error constitutes sufficient cause to enlarge time — held not sufficient
Civil procedure — Precedent
— Calico Textiles Industries
— Umoja Garage
15 October 2004
Respondent permitted to rescind purchase where trucks failed contractual Tanzania‑capacity specifications; damages awarded in US dollars.
Contract law
— Contract formation — correspondence and conduct — Contract may be constituted by multiple documents and oral evidence
— Sale of goods — non‑conforming goods — Whether vehicles met agreed Tanzania conditions and payload
Damages — Restitution and damages
— Right to rescind for fraudulent misrepresentation/total failure of consideration
— damages in foreign currency
— interest accrual from date
13 October 2004
Reported
President's power to remove officers is subject to the PFPSC Act; 'retirement in public interest' of police officers was void.
Civil procedure — Constitutional and statutory interpretation
— asserted police regulations not proved in force
— damages for unlawful termination
— no entitlement to salaries to compulsory retirement
— subjection to specific statutory schemes
— wrongful retirement
4 October 2004
Reported
Damages — Damages for unlawful termination of employment — Terminated officers claiming to be paid statutory salaries up to the date of compulsory retirement — Whether the claim is awardable
4 October 2004
September 2004
Stay of execution granted where jurisdictional dispute and risk of irreparable loss from a non‑resident respondent were shown.
Arbitration — Setting aside arbitral award — Jurisdiction and forum — Award made in London
Civil procedure — Stay of execution pending appeal — Criteria: irreparable loss, appeal rendered nugatory, balance of convenience, prospects of success
30 September 2004
Applicant should seek Registrar's certificate under Rule 83(1) before invoking Rule 8 to extend appeal time.
Civil procedure — Court of Appeal
— extension of time
— filing of counter‑affidavit governed by Rule 53(1) (discretionary)
— premature application
29 September 2004
Applicant's unexplained delay in seeking leave to appeal was insufficient; extension of time refused.
Civil procedure
— extension of time — Sufficient reason required
— Rule 43(a) 14‑day limit — Applicant represented by counsel present at delivery — Lay litigant status and honest but mistaken belief insufficient — Counsel’s mistake not ordinarily a ground for extension except in rare minor cases
10 September 2004
Failure to annex the order sought to be stayed makes a stay application incompetent and subject to striking out.
Civil procedure — Stay of execution — mandatory requirement to annex the impugned order to the application — adjournment to cure such defect not warranted
9 September 2004
August 2004
Taxing officer reduced excessive instruction fees and taxed the respondent's bill at Tshs.4,837,500.
Civil procedure — application of Rule 9(2) to the 3rd Schedule
— allowance of 50% uplift to most items
— consideration of nature of matter and ability to pay
— reduction of excessive items
— service by publication noted
Civil procedure — Taxation of costs — Reasonableness of instruction and document-preparation fees
27 August 2004
Taxing officer reduced an unitemized, unreceipted bill of appeal costs as unreasonable, allowing Tshs.1,000,000.
Civil procedure — Taxation of costs — Bill presented as a single unitemized sum without receipts — Non-compliance with Rules 3 and 4 of the 3rd Schedule
27 August 2004
High Court validly exercised wide revisional powers to set aside a res judicata finding; leave to appeal was refused.
Civil procedure — Leave to appeal — not warranted where revisional order does not deprive party of hearing or alter rights to detriment
Civil procedure — Res judicata
— direction to proceed to trial on merits
— revision to set aside res judicata finding where trial court erred
Civil procedure — Revision — Wide powers to correct errors material to merits involving injustice. Distinction between High Court's broad revisional jurisdiction and the Court of Appeal's more restrictive revisional powers
23 August 2004
Failure to serve the notice of appeal within seven days under Rule 77(1) rendered the appellant's appeal incompetent.
Appellate practice
— Appeal filing — Notice of appeal — Rule 77(1) mandatory — Non‑service within seven days renders appeal incompetent
— Record of appeal — Record of appeal service — Time limits and procedural compliance
19 August 2004
10 August 2004
July 2004
Whether redundancy employment disputes fall within the High Court’s original jurisdiction or must be heard by the Industrial Court.
Labour law — jurisdiction — Redundancy disputes — High Court’s lack of original jurisdiction
21 July 2004
May 2004
Leave to appeal dismissed where concurrent revision directed fresh determination of instalment payment, making parallel appeal inappropriate.
Civil procedure — Concurrent proceedings — leave to appeal
Civil procedure — Leave to appeal
Civil procedure — Running account/debt
— instalment liquidation and mode of payment
— Service of notice of appeal (procedural objection)
19 May 2004
Non‑compliance with Rule 77(1) — failure to serve notice within seven days — renders the notice of appeal incompetent.
Civil procedure — Court of Appeal Rules 1979 r.77(1)
— costs awarded
— intended appeal struck out
— Service of Notice of Appeal mandatory
18 May 2004
A Court may stay release of decretal funds paid into Court because execution is not complete until funds are released.
Civil procedure — Execution of decree — payment into Court
— payment into Court does not complete execution
— stay may be ordered to restrain release
Civil procedure — interlocutory relief — single Justice’s powers — setting aside/revision of execution for full Court, but a single Justice may grant a stay to protect an appeal
Civil procedure — Interpretation of drawn order — whether drawn order reflects trial judge’s ruling and consequences for execution
3 May 2004
April 2004
A party alleging that court-form signatures are not the Registrar’s must prove that assertion; bare assertions fail.
Civil procedure
— Court rules — Forms A and D — signature authenticity
— Evidence Act s.110(1) — bare assertions from counsel insufficient — preliminary objection dismissed with costs
29 April 2004
Stay of execution application struck out for failure to show a lodged notice of appeal under rule 9(2)(b).
Civil procedure
— Court rules (1979) — General procedural provision (r 3(2)(a)) cannot override specific rule governing stay of execution — Court Rules, 1979 r 3(2)(a)
— Stay of execution — Requirement that a notice of appeal be lodged and annexed before Court can grant stay — Court Rules, 1979 r 9(2)(b) and r 76
8 April 2004
The applicant’s leave application, filed beyond Rule 43(b)’s 14‑day limit without extension, was incompetent and struck out.
Civil procedure — Leave to appeal
5 April 2004
March 2004
Notice of appeal signed by registry officer is not incompetent; Registrar’s duty to ensure endorsement does not invalidate it.
Civil procedure — Court of Appeal — Civil procedure — Notice of appeal
31 March 2004
Court adjourned hearing and ordered status quo maintained pending stay application and service on the unserved respondent.
Civil procedure — Court of Appeal — Stay of execution — adjournment for service on unserved respondent — maintenance of status quo pending determination
11 March 2004
Rape conviction upheld despite procedural defects; unlawful twenty-year sentence reduced to five years.
Criminal law — sexual offences — identification evidence — Admissibility and weight of identification made shortly after the offence
Criminal procedure
— breach not prejudicial
— right to cross‑examination
— Sentencing powers of subordinate courts — Maximum
11 March 2004
Reported
Civil procedure — Court of appeal rules — Notice of Appeal signed for and on behalf of The Registrar. Whether the notice is valid
11 March 2004
Revision is inappropriate where an available statutory appeal exists; revision applications must annex the decision sought to be revised.
Civil procedure
— availability of statutory appeal (Companies Ordinance s.220) — competence of application for revision
— Revision
10 March 2004
Stay granted and garnishee lifted where applicant offered a guarantee bond and respondent could not be traced.
Civil procedure — Stay of execution
8 March 2004
February 2004
An interested decree holder should be joined to a reference affecting an interlocutory order to ensure the right to be heard.
Civil procedure — Joinder/intervention — Interested and necessary party — Right to be heard (audi altera partem)
27 February 2004
Pending High Court application for leave does not extend the 60‑day appeal period; an extension must be sought under rule 8.
Appellate practice
— Time limits — Institution of appeal within 60 days under Court Rules r 83(1)
— extension of time — Whether applicant has shown sufficient cause for delay
— leave to appeal — extension of time — Court of Appeal Rules r 8
27 February 2004
Reported
Civil practice and procedure — Appeals — Appeals to the Court of Appeal — Lodging the Record and Memorandum of Appeal- Record and Memorandum of Appeal not endorsed by the Registrar to signify their lodgment — Effect thereof- Rules 15, 83
25 February 2004
A memorandum/notice of appeal not personally signed by the Registrar is not invalid; endorsement is the Registrar's duty.
Appellate practice — Appeal procedure — distinction between lodging and endorsement of appeal documents
25 February 2004