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Citation
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Judgment date
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| December 2021 |
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Court permits rectification of a defective decree and adjourns the appeal, requiring an amended decree within 60 days.
Civil Procedure – Decree must agree with judgment – Order XXIII Rule 6(1) CPD – Defective decree in record of appeal – effect on competency of appeal – overriding objective (Appellate Jurisdiction Act ss.3A,3B) – leave to seek amendment of decree – supplementary record of appeal – Rule 38A(1) Court of Appeal Rules.
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3 December 2021 |
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Appeal dismissed: tribunal properly identified disputed land; limitation defence raised too late and lacked supporting evidence.
Land law – identification of disputed land – variance in boundary descriptions does not preclude determination where parties plainly dispute same parcel; Evidence – documentary allocation (temporary permit and receipt) vs. sale agreement bearing a different name; Limitation – plea of time-bar must be pleaded and supported by material evidence and cannot be raised for first time on second appeal; Appeal – concurrent findings of fact entitled to deference absent compelling reason to disturb.
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3 December 2021 |
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Failure to serve respondents with a written request for certified proceedings renders the appeal time-barred and incompetent.
Appeal — Time limits — Rule 90(1) and (3) of the Tanzania Court of Appeal Rules — Requirement to serve written application for certified High Court proceedings on respondents — Failure to serve prevents reliance on Registrar’s time-exclusion certificate — Appeal filed out of time is incompetent and must be struck out.
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2 December 2021 |
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A preliminary objection on competence must be decided before merits; failure to do so nullifies the judgment and warrants remittal.
Appeal — preliminary objection — competence — defective decree; procedure — preliminary points on competence must be decided before merits; failure to determine objection vitiates judgment; remittal to first appellate court for determination.
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2 December 2021 |
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Appellate court held that a prima facie case of corrupt solicitation and receipt existed and remitted the case for the respondent’s defence.
Criminal law – prima facie case – section 263(1) CPA – test per Ramanlal Trambaklal Bhatt; Corruption offences – soliciting and receiving benefit – sections 36(3)(a) and 61 ZACECA; Jurisdiction – High Court’s original jurisdiction under section 73 ZACECA; Procedure – improper weighing of credibility at no‑case stage.
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1 December 2021 |
| November 2021 |
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Appeal struck out as time-barred where requester failed to serve the letter for certified copies per Rule 90(3).
* Civil procedure – Appeal time limits – Rule 90 of the Court of Appeal Rules – effect of failure to serve the letter requesting certified copies under Rule 90(3) – certificate of delay invalid; * Competency of appeal – omission in record (Drawn Order) v. time bar – remedies; * Procedural remedies – strike out vs dismissal; costs order.
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30 November 2021 |
| December 2020 |
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The union lacked locus standi because its constitution vested the authority to sue in the Board of Trustees.
Locus standi – trade unions – constitutionally vested authority to sue – Board of Trustees’ exclusive mandate – proceedings instituted by one without authority are nullities – appellate revisional powers to nullify and dismiss appeal.
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18 December 2020 |
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Whether the respondent proved defamation and publication against the appellant, where key evidence was hearsay.
Defamation — elements: defamatory words, reference to claimant, publication; Allegations by a third party made while intoxicated may not be defamatory if they do not lower reputation; Hearsay inadmissible — Evidence Act ss.61–64; Qualified privilege for communications among employer/management; Appellate re‑evaluation of evidence and findings.
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18 December 2020 |
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Court nullified Industrial Court judgment for relying on an untendered annexure and ordered a fresh hearing.
* Labour law – assessors – section 83(2)-(3) Labour Relations Act – absence of an assessor does not automatically vitiate proceedings where continuation permitted.
* Evidence – admissibility – annexures to pleadings are not evidence; documents must be tendered and admitted as exhibits before reliance in judgment.
* Natural justice – right to be heard – reliance on untendered material condemns a party unheard and vitiates proceedings.
* Procedural remedy – appellate revisional powers (s.4(2) AJA) to nullify proceedings and order retrial.
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18 December 2020 |
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Whether a High Court judge may grant bail under s.371(1) while a separate High Court bail application is pending.
Criminal procedure – Bail – Scope of section 371(1) CPA – High Court’s power to grant bail pending appeal limited to cases where High Court sits in appellate jurisdiction; conflict between judges of same court – equal jurisdiction and impropriety of one judge adopting another’s order made in different context; functus officio and effect on pending bail applications; appellate revisional powers to order trial to proceed.
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17 December 2020 |
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Whether termination complied with statutory redundancy/dismissal procedures and whether the trial judge erred by not framing issues.
Employment law – Termination – Redundancy vs dismissal – Requirement to comply with Employment Act s.121(2); Public Investment Act s.11(5) – staff regulations required; Civil procedure – framing of issues under Order XVI(1)(5) – omission fatal where parties not agreed.
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16 December 2020 |
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Reported
Appeal struck out where required leave to appeal was fatally defective due to inconsistent documents and dates.
Appeal — leave to appeal — requirement under s.5(1)(c) AJA and Rule 96(2)(a) — defective leave where dates/documents inconsistent — amendment and overriding objective cannot supply non-existent leave — appeal struck out with costs.
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14 December 2020 |
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Appellant's maritime lien was time‑barred under s.92(1); trial court correctly awarded reliefs against the first respondent only.
* Maritime law – maritime lien – limitation period under section 92(1) of the Maritime Transport Act 2006 – one‑year extinction of lien; exception under s.92(2) (suspension where lien‑holder legally prevented from arresting vessel) not established. * Pleadings – interpretation of "the defendants and each of them" permits individual or joint liability. * Civil procedure – proof required to invoke suspension of limitation periods.
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14 December 2020 |
| December 2019 |
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Applicant's dissatisfaction with compensation ruling did not establish a manifest error justifying review under Rule 66(1).
* Civil procedure — Review under Rule 66(1) — Scope limited to manifest error on the face of the record — Not a rehearing or second appeal.
* Administrative law — Revocation of lease and compensation — Claims for unexhausted improvements must be proven; court will not award compensation absent evidence.
* Restitutio ad integrum — Allocation of alternative land does not automatically entail additional monetary compensation unless claim is substantiated.
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12 December 2019 |
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Claims based on company shares and leases cannot be pursued personally against shareholders; appeal allowed and High Court decree set aside.
Civil procedure – time limits and certificates of delay under Rule 90(1) – certified copies of proceedings; Company law – separate legal personality – shareholders not personally liable or proper defendants for company dividends, leases or mesne profits.
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11 December 2019 |
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Omission to endorse admitted exhibits and exclusion of an unrelated drawn order did not render the record of appeal incompetent.
Court of Appeal — Preliminary objection — Record of appeal — Omission to endorse admitted exhibits under O. XV r.4(1) and r.7(1) — Presence of exhibits in record and prior admission cures omission; Rule 96(1)(k) — Drawn order from interlocutory ruling not required in record when appeal is against final decree; omission not fatal.
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5 December 2019 |
| September 2019 |
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High Court quashed imprisonment sentence imposed on a 16‑year‑old as unlawful under the Law of the Child Act.
* Child offenders – sentencing – Law of the Child Act s.116(1) – imprisonment not prescribed for children.
* Illegality of sentence – imprisonment imposed on a minor – sentence quashed.
* Supervisory jurisdiction – High Court visiting prison may call records and revise lower court sentences in interest of justice.
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20 September 2019 |
| December 2018 |
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Reference against Taxing Officer’s decision dismissed as time-barred; statutory 21-day limit and Interpretation Act applied.
* Advocates Remuneration Order (GN. No. 264/2015) – Order 7(1)-(2): reference to High Court from Taxing Officer to be instituted by chamber summons supported by affidavit within 21 days.
* Limitation law – computation of time: section 19(6) Law of Limitation Act and applicability of Interpretation Act s.60(1)(c) and (e) when deadlines fall on non-working days.
* Civil procedure – preliminary objection on point of law – dismissal of proceedings filed out of statutory time without leave.
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27 December 2018 |
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Timely stay application struck out for defective motion and affidavit; leave granted to refile and costs awarded to respondent.
Stay of execution – Rule 11(4) Court of Appeal Rules – time limit for stay applications – notice of execution – procedural defect in notice of motion and affidavit referencing "judgment and decree" instead of "ruling and drawn order" – application struck out as incompetent – leave to refile under Rule 4(2)(b) – costs to respondent.
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14 December 2018 |
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Sickness supported by medical evidence can constitute sufficient cause to extend time to file an appeal.
Extension of time – Section 14 Law of Limitation Act – sufficient cause – sickness and medical evidence – discretion to extend time must be exercised judicially – appeal time under s.80(2) Law of Marriage Act (45 days).
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14 December 2018 |
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Applicant failed to show sufficient cause for extension of time; unsubstantiated theft and vague illegality allegations insufficient.
Court of Appeal – extension of time under Rule 10 – discretionary power – "sufficient cause" required; applicant must account for every day of delay; unsubstantiated loss of documents (no police report) not sufficient; allegations of illegality must be particularized to justify extension.
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14 December 2018 |
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A stay of execution requires giving security under Rule 11(5)(c); failure to do so justified striking out the application.
Civil procedure – Stay of execution – Rule 11(5) Court of Appeal Rules – mandatory and cumulative conditions – requirement to give security for due performance (Rule 11(5)(c)) – non‑compliance fatal; application struck out; no order as to costs where defect raised suo motu.
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13 December 2018 |
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Court granted extension under Rule 10 to file a supplementary record, finding diligence and alleged illegality justified extension.
* Civil procedure – extension of time – Rule 10 Tanzania Court of Appeal Rules, 2009 – good cause, promptness and diligence.
* Civil procedure – supplementary record of appeal – Rule 76(6) – omitted documents and lapse of 14-day period.
* Grounds for extension – alleged illegality of lower court decision as a sufficient cause.
* Preliminary objection – procedural channel vs. substantive remedy; Court’s power to extend time under Rule 10.
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5 December 2018 |
| August 2018 |
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A Primary Court lacked jurisdiction over a Tshs.5,000,000 defamation claim, so its judgment and execution were quashed.
Magistrates' Courts Act s.18(1) – Primary Court pecuniary limits – lack of jurisdiction to entertain claims exceeding Tshs.3,000,000/=; jurisdictional defects render proceedings, judgment and execution null and void; attachment based on void decree set aside.
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3 August 2018 |
| July 2018 |
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Applicant’s letters did not prove sufficient cause; failure to attend court warranted dismissal and no restoration.
Civil procedure — Restoration of proceedings dismissed for want of prosecution — Sufficient cause requires good and logical reasons preventing attendance — Written submissions are not evidence and cannot introduce new documentary proof — Duty of parties/advocates to attend court on fixed dates.
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2 July 2018 |
| May 2018 |
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An affidavit missing the date of its averments is incurably defective and renders the supporting application incompetent.
* Civil procedure – Affidavit requirements – essential ingredients: averments, verification, jurat, signature; dating of averments is essential. * Affidavit defective for omission of date between averments and verification – application incompetent and struck out with costs. * Preliminary objection on point of law capable of disposing of application.
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29 May 2018 |
| February 2018 |
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Court overruled objections, allowing appeal despite omission of prison‑form particulars, exercising discretion to serve justice.
* Criminal procedure – notice of appeal – appellant in prison – Form B/l (Rule 75(1)) – substantial compliance with Rule 68 – omission of officer‑in‑charge particulars excused in interests of justice. * Civil/Criminal appeals – substituted memorandum of appeal – Rule 73(2) – advocate may lodge memorandum; Court’s discretion under Rule 72(5). * Procedure – preliminary objections – improper where factual enquiry or judicial discretion required (Mukisa principle).
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7 February 2018 |
| December 2017 |
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A DPP's s36(2) written certificate denying bail binds the court; reasons for the certificate are not required.
Criminal procedure – Bail – DPP's certificate under s.36(2) EOCCA – Effect and requirements; statutory test: written certificate; states likely prejudice to safety/interest; relates to pending criminal proceedings; no requirement to disclose reasons; authority: Ally Nuru Dirie; DPP v. Li Ling Ling.
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14 December 2017 |
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An appeal against a non-existent judgment (instead of a ruling from an originating summons) is incompetent.
Civil procedure – originating summons: decision is a ruling and drawn order, not a judgment and decree; Appeal procedure – notice and memorandum must correctly identify the decision appealed against; Court of Appeal Rules (Rule 83(3) & (6)) – non-compliance renders appeal incompetent; Distinction between 'judgment' and 'ruling' is substantive, not interchangeable.
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8 December 2017 |
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A stay application filed after the appeal period without extension is incompetent and is struck out.
Court of Appeal (Zanzibar) – Stay of execution – Time limits – Rule 11(2)(c) Tanzania Court of Appeal Rules, 2009 – Application filed after appeal period without extension deemed incompetent and struck out – Court may raise timeliness suo motu.
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6 December 2017 |
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A revision application lacking the full High Court record is incompetent and will be struck out, with no order as to costs.
* Civil procedure – Revision jurisdiction – Applicant must supply full record of proceedings from the High Court (proceedings, chamber summons, affidavits, drawn order) – omission renders revision application incomplete and incompetent; Court may strike out. * Revision procedure – Party moving Court cannot pick and choose parts of record; revision requires examination of entire lower court record.
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6 December 2017 |
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A revisional application is incompetent if the full lower court record, including the plaint and written statement of defence, is not filed.
Revision — competency — requirement to file complete record including pleadings; omission of plaint and written statement of defence renders revisional application incompetent; Rule 106 and appellate practice; Court raised competency suo motu.
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6 December 2017 |
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A notice of criminal appeal failing to state the nature of the order under Rule 68(2) renders the appeal incompetent.
* Criminal procedure – Notice of appeal – Rule 68(2) Court of Appeal Rules, 2009 – mandatory requirement to state briefly the nature of the conviction, sentence, order or finding; failure to comply renders the notice defective and the appeal incompetent; consequence: appeal struck out.
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5 December 2017 |
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Failure to file an affidavit in reply is discretionary and does not automatically permit ex parte determination; oral reply and inter partes hearing allowed.
Court of Appeal — Civil procedure — Rule 56(1) Court of Appeal Rules — Affidavit in reply discretionary — Failure to file affidavit bars challenging averments by affidavit but does not preclude oral response — Ex parte determination not automatic — Inter partes hearing ordered.
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4 December 2017 |
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A notice of appeal that fails to state the nature of the order appealed against is incurably defective and the appeal is incompetent.
* Criminal procedure – Appeal – Notice of appeal – Mandatory requirement under Rule 68(2) to state briefly the nature of the order, finding, sentence or conviction appealed against – Failure to comply renders the notice incurably defective and appeal incompetent.
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4 December 2017 |
| November 2017 |
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Omission of mandatory documents from the record of appeal renders the appeal incompetent and leads to striking it out.
* Civil procedure - Appeal competence - Record of appeal - Mandatory inclusion of pleadings and proceedings under Rule 96(2) and Rule 96(1)(c),(d),(k).
* Appellate practice - Failure to include required documents is fatal to an appeal; leave required to exclude documents.
* Preliminary objections - Court may raise and decide competence suo motu.
* Succession/substitution - objection where appeal is pursued against a deceased person without substitution.
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30 November 2017 |
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Omission of mandatory documents from the record of appeal renders the appeal incompetent and is ground for striking it out.
Court of Appeal — Competence of appeal — Record of appeal must include documents required by Rule 96(1) and (2) — Failure to include necessary pleadings and proceedings renders appeal incompetent and liable to be struck out — Court may raise such defects suo motu.
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29 November 2017 |
| June 2017 |
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Criminal revision struck out because the supporting affidavit failed to disclose the applicant's representative capacity.
Criminal revision – Section 372 Criminal Procedure Act – Supporting affidavit must disclose the applicant and maintain consistent representative capacity throughout – Defective affidavit renders application incompetent and liable to be struck out – Preliminary objections.
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28 June 2017 |
| May 2017 |
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Primary Court lacks jurisdiction over negligence claims; High Court suo motu reviewed and ordered continuation in District Court.
Magistrates' Courts Act – jurisdiction – Primary Court lacks jurisdiction over torts (negligence) – Section 18 and First Schedule; Civil procedure – suo motu review under section 44(1)(a) – correction of jurisdictional error; Transfer/continuance – matter ordered to proceed in District Court.
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17 May 2017 |
| April 2017 |
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Applicant failed to show exceptional circumstances for bail pending appeal after conviction; application dismissed.
* Criminal procedure — Bail pending appeal — After conviction applicant must show exceptional or unusual circumstances to obtain bail; presumption of innocence no longer applies.
* Bail — Applicant’s assertions of no risk to public order, residence and sureties insufficient to discharge burden.
* Appellate considerations — Court should avoid prejudicial premature assessment of appeal merits when considering bail.
* Procedure — Section 368(1) CPA bail application does not require attachment of trial proceedings or judgment.
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27 April 2017 |
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Extension of time granted because alleged illegality in the judgment constituted sufficient cause despite counsel's lapse.
• Appellate procedure – extension of time under Section 11 Appellate Jurisdiction Act – exercise of judicial discretion.
• Appeal practice – striking out for non‑compliance with Court of Appeal order – right to institute fresh appeal or seek extension.
• Grounds for extension – allegation of illegality in impugned decision constitutes sufficient cause.
• Conduct of counsel – negligence/non‑compliance is not automatically sufficient reason to refuse extension where illegality is raised.
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27 April 2017 |
| December 2016 |
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Failure to furnish required security under Rule 11(2)(d) defeats an application for stay of execution.
Civil procedure — stay of execution — Rule 11(2)(d) T.C.A. Rules — mandatory requirement to furnish security for due performance — undertaking without specifics insufficient — failure to comply fatal to stay application.
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7 December 2016 |
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Application for stay of execution struck out because notice of motion lacked the decree and valid notice of appeal.
Civil procedure – stay of execution – Rule 11(2)(b) Court of Appeal Rules – requirement to attach valid notice of appeal and the decree sought to be stayed – failure to attach renders application incompetent – application struck out.
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7 December 2016 |
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Interlocutory High Court order granting leave to amend plaint is not revisable; revision struck out and file remitted.
Civil procedure – Amendment of pleadings – Registrar lacks power to grant leave to amend – Referral to Chief Justice for assignment proper; Interlocutory order – Order granting leave to amend plaint is interlocutory and not revisable under s.5(2)(d) Appellate Jurisdiction Act; Revision – Application for revision barred where order is not final; Remittal – Matter to proceed to final determination before a judge not previously involved.
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7 December 2016 |
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Revision was barred because the Chief Justice’s order permitting amendment was interlocutory, not a final determination.
Civil procedure — amendment of pleadings — Registrar’s lack of power to grant leave — referral to Chief Justice for assignment — interlocutory order — section 5(2)(d) Appellate Jurisdiction Act bars revision — procedural compliance with Court of Appeal Rules/Form A — remittal to trial court; reassignment to different judge.
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7 December 2016 |
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Total failure to comply with statutory assessor procedures rendered the appellant's trial a nullity and necessitated a retrial.
* Criminal procedure – Trials with aid of assessors – mandatory compliance with selection, numbering, explanation of role, summing up and recording of assessors' opinions – non-compliance renders trial a nullity. * Court of Appeal Rules – Rule 4(2)(a) properly invoked for preliminary objections in criminal appeals where no specific provision exists. * Appellate revision – power to nullify trial and order retrial in interest of substantive justice.
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6 December 2016 |
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Failure to attach the decree and valid notice of appeal renders a stay of execution application incompetent and struck out.
Civil procedure — Stay of execution — Rule 11(2)(b) — Requirement that a valid notice of appeal and the decree sought to be stayed accompany the notice of motion — Failure to attach decree renders application incompetent and liable to be struck out.
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6 December 2016 |
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Whether a corporate applicant’s locus standi is affected by its agent’s appearance and whether the notice substantially complies with Form A.
Civil procedure — preliminary objection — locus standi of a corporate applicant represented by an agent appointed under s.34(1) Wakf and Trust Commission Act; compliance with Rule 48(2) (Form A) — substantial compliance standard; immateriality of minor errors in notices which do not prejudice respondent.
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6 December 2016 |
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Sentencing without recording a conviction is a nullity; appellate court quashed proceedings and released the respondent.
Criminal procedure — Conviction as prerequisite to sentence — Sentencing without conviction is a nullity — Appellate revision under s.4(2) AJA to quash irregular proceedings — Where illegal sentence already served, remit unnecessary; release appropriate remedy.
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5 December 2016 |
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Total non-compliance with statutory assessor procedure rendered the trial a nullity and retrial was ordered.
Criminal procedure – trial with aid of assessors – mandatory compliance with selection, numbering, explanation of role, recording of questions/answers, summing-up and recording of assessors' opinions – total non-compliance renders trial a nullity; Court's power to raise defects suo motu and order retrial under Appellate Jurisdiction Act; Rule 4(2)(a) applicable for preliminary objections in criminal appeals.
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5 December 2016 |