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Citation
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Judgment date
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| December 2003 |
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Reported
Bank validly exercised contractual power of sale after borrower's default; radio sale notices did not constitute defamation.
Contract law – Loan agreement interpretation; Clause 6 repayment schedule; Clause 7 power of sale of mortgaged property; Enforcement after default; Publication in enforcement context – defence to defamation; Demand notice and auction publicity.
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11 December 2003 |
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Reported
Contract—Loan agreement - Default to pay consecutive installments — Whether the failure constitutes breach of contract. Contract — Loan agreement — Power of sale of mortgaged property securing the loan - When the power ofsale is exercisable.
Torts - Defamation - Advertisement of sale of mortgaged property over the radio — Whether the advertisement is defamatory of the defaulting borrower. |
11 December 2003 |
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The appellants’ appeal was time-barred; the registrar cannot lawfully extend the appeal period by certificate.
Civil procedure — Appeals — Time limits under Rule 83(1) — Exclusion for time to prepare copy of proceedings — Registrar’s certificate of delay — Registrar lacks power to extend appeal time — Only Court can extend time — Failure to state address for service in record (Rule 89(1)(b)) — Substantial compliance and no prejudice test.
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10 December 2003 |
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Reported
Appeal struck out as time‑barred; registrar cannot extend appeal time by issuing a second certificate of delay.
* Civil procedure — Appeals — Time limits under Rule 83(1) — 60 days from supply of proceedings — appeal time‑barred.
* Civil procedure — Certificate of delay — Registrar cannot extend time to institute appeal — only Court may grant extension.
* Civil procedure — Two certificates of delay — later certificate cannot validate a time‑barred appeal.
* Civil procedure — Record of appeal — omission of address for service under Rule 89(1)(b) — substantial compliance and absence of prejudice may cure defect.
* Professional conduct — Advocate’s lack of diligence does not excuse non‑compliance with court rules.
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10 December 2003 |
| November 2003 |
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Reported
Court held government retained ownership; statutory notices and possession did not vest property in the judgment debtor.
Property law – vesting of government property post-1964; Public Enterprises Decree – enabling power to acquire property vs. vesting; Legal Notice designating head office does not vest ownership; Freeport declaration (Legal Notice) does not transfer title; handing-over note and long possession do not confer ownership against the government. |
20 November 2003 |
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A notice of appeal not endorsed by the Registrar (or authorized deputy) is defective and the appeal is struck out.
Civil procedure – Appeal procedure – Notice of appeal – Requirement that notice be lodged with and endorsed by the Registrar under Rule 76 and Form D – No delegation of Registrar's endorsement – Defective notice renders appeal incompetent – Strike out under Rule 82 with costs.
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20 November 2003 |
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Applicant failed to prove respondent sourced the defamatory article; appeal dismissed and cross-appeal for costs allowed.
Defamation — burden of proof on person alleging source of publication; production of documents — late production and Order XV r.2; relevance — post-dated documents; evidentiary conflicts — resolution without expert where parties fail to call one; costs — follow the event.
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20 November 2003 |
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Revision application struck out for citing wrong statutory provision and failing to state grounds, constituting incompetence and abuse of process.
Appellate procedure – Revision – Correct enabling provision required to properly move the Court; Court Rules – Notice of motion must conform to Form A and state grounds (Rule 45(2)); Procedure – Revision versus appeal – pursuing concurrent remedies may constitute abuse of process.
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14 November 2003 |
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Reported
Application for revision struck out where wrong statute cited and notice of motion failed to state grounds, constituting incompetence and abuse of process.
* Civil procedure – Revision – Requirement to cite correct enabling provision when moving the Court; wrong or inapplicable citation renders application incompetent. * Court Rules – Notice of Motion/Form A – Rule 45(2) requires grounds to be stated; failure to do so is a fatal defect. * Amendment – Typographical errors in enabling provisions must be corrected before preliminary objection is determined. * Abuse of process – Seeking revision while appeal/extension/leave proceedings are pending is improper where the order is appealable with leave.
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14 November 2003 |
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Reported
Civil Practice and Procedure — Court process - Party pursuing two different avenues in different Courts at the same time — An abuse of the Court process.
Civil Practice and Procedure - Applications - Application to Court of Appeal - Notice of motion citing a wrong or non-existent provision of law - Whether valid. Court of Appeal -
Court of Appeal Rules - Application for revision - Form prescribed for application - Notice of Motion not substantially conforming to prescribed form -Whether Court can properly be moved - Rule 45(2) of the Court of Appeal Rules 1979. |
14 November 2003 |
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Reported
Banking - Securities for bank advances - Mortgage over house - Whether mortgage is a simple mortgage - Preconditions for realization of a simple mortgage - Section 58(3) of the Transfer of Property Decree Chapter 150 of the Laws of Zanzibar.
Mortgages — Mortgage over a house - Whether the mortgage is a simple mortgage - Conditionsfor realization of a simple mortgage.
Land Law - Sale ofmortgagedproperty - Sale by auction.- No evidence of foul play - Whether price obtained is the market price at the auction. |
12 November 2003 |
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Bank entitled by mortgage deed to sell without court intervention; notice and public auction were valid, appeal dismissed.
* Mortgage law – characterisation of mortgage – whether deed constituted a simple mortgage under s.58(3) of Cap.150. * Power of sale – contractual clause permitting exercise of statutory powers ‘‘without the restrictions’’ of the Transfer of Property Decree – effect on requirement for court intervention (s.69). * Notice – validity of demand and notice prior to sale. * Sale procedure – public auction v. private treaty; evidentiary burden to prove collusion and undervalue. * Civil procedure – parties bound by pleaded issues; unpleaded issues cannot be decided at appeal.
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12 November 2003 |
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Reported
Labour law - Terminal benefits - Assessment of terminal benefits - Assessment done by Labour Officer but disputed by the appellants — Whether assessment by Labour Office was reliable.
Labour law — Respondent had given money for purchase of motor cycle as means for transport for the first appellant while working for respondent - Whether the motor cycle belonged to the respondent on termination of the contract of employment.
Civil Practice and Procedure - Judgment - Judgment too scanty and contained in only two sentences - Whether meeting the requirements of a judgment - Order XLVI, rule 31 of the Civil Procedure Decree Chapter 8 of the Laws of Zanzibar. |
11 November 2003 |
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Reported
Civil Practice and Procedure - Objection proceedings — Duty of the Court in objection proceedings - Order XLVII, rule 1(i) and Order XXIV, rule 53 of the Civil Procedure Decree Chapter 8 and section 5(1)(c) of the Appellate Jurisdiction Act 1979. |
11 November 2003 |
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A registry receipt stamp does not prove documents were supplied to the respondent's advocate; the Notice of Appeal was timely and valid.
* Civil procedure – Appeal – Notice of Appeal – whether registry receipt stamp proves supply of proceedings to advocate – effect on computation of limitation period under Court of Appeal Rules 1979 (Rule 84). * Service/supply of records – proof required; registry endorsement insufficient if registrar avers wrongful issue to an unidentified person. * Striking out – application dismissed where notice filed within statutory period after actual supply to advocate.
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10 November 2003 |
| October 2003 |
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Reported
Appellate courts must give reasoned judgments; doubtful identification and unjustified sentence enhancement require quashing conviction.
Criminal law – appeal – requirement under section 276(1) for judgments to state points for determination and reasons; identification evidence – visual identification and adequacy of descriptions; sentencing – limits of judicial notice and improper enhancement of sentence without factual basis. |
31 October 2003 |
Criminal Practice and Procedure — Appeals - Second appeal - Duty of an appellate Court on a second appeal - Section 276(1) of the Criminal Procedure Decree of Zanzibar.
Evidence - Misdirection or non-direction on the evidence - Duty of appellate Court when there have been mis-directions or non-directions by the Court(s) below.
Criminal Practice and Procedure - Judgment - What a judgment should contain - Section 276(1) ofthe Criminal Procedure Decree Zanzibar. |
31 October 2003 |
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Reported
Administrative Law - Delegation of Powers — Power to issue clove export permit - Power vested in a Sheha - Whether that power may be exercised by a shehia councillor - Regional Administration Authority Act Number 1 of 1998, Interpretation of Laws and General Provisions Act 1984, and the Cloves Act 1985. |
31 October 2003 |
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Reported
A clove-transport permit issued by an advisory council member and lacking required purpose is invalid; appeal dismissed.
Criminal law — Cloves Act 1985 s3(1),(2): export/transportation requires valid permit stating purpose and reason; Sheha alone (or authorized deputy) may issue permits — Shehia Advisory Council members lack licensing authority; Interpretation Act s63(4) applies only where person is charged with office duties; omission of mandatory particulars invalidates permit.
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31 October 2003 |