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Citation
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Judgment date
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| December 2016 |
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Trial court's failure to convict before sentencing invalidated the judgment; record remitted for proper conviction and sentencing.
* Criminal procedure – requirement to enter conviction before sentence – omission renders judgment invalid (s.219 Criminal Procedure Act). * Court of Appeal Rules – prisoner’s notice of appeal must comply with Rule 75(1)/Form B/1; non‑compliance renders appeal incompetent. * Appellate revisional jurisdiction – Court may refrain from striking out an incompetent appeal and invoke s.4(2) Appellate Jurisdiction Act to correct manifest illegality. * Remedy – quash appellate proceedings founded on invalid judgment; remit for proper conviction and sentencing, with credit for time served.
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5 December 2016 |
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A trial court's failure to enter conviction before sentencing invalidates the judgment; Court may revise despite an incompetent notice.
* Criminal procedure – Requirement to enter conviction before passing sentence – Non-compliance with s.219 Criminal Procedure Act renders judgment invalid. * Appeals – Notice of appeal from prison – Rule 75(1)/Form B/1 compliance mandatory; omission renders notice incurably defective. * Appellate jurisdiction – Court of Appeal may retain incompetent appeals and invoke revisional powers under s.4(2) AJA to correct manifest illegalities on record. * Remedy – Quash High Court proceedings, set aside sentence, remit record for conviction and resentencing with credit for time served.
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2 December 2016 |
| November 2016 |
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A notice of appeal containing contradictory dates is an incurable defect under Rule 68(7) and renders the appeal incompetent.
* Criminal appeal – Notice of appeal – Rule 68(7) Court of Appeal Rules, 2009 – requirement to be substantially in Form B – correct date of decision – contradictory dates create incurable ambiguity – notice defective rendering appeal incompetent and struck out.
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30 November 2016 |
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Omission of an extracted interlocutory order from the record of appeal renders the appeal incompetent.
Civil procedure — Appeal record — Rule 96(1)(k) — Interlocutory proceedings and extracted orders must be included when necessary; exclusion requires direction under Rule 96(3) — Omission renders appeal incompetent.
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29 November 2016 |
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Application for extension of time stayed pending determination of reference challenging a single Justice’s referral.
* Civil procedure – extension of time to file notice of appeal – second application (second bite) – scope of Rule 45(b) of the Court of Appeal Rules 2009 – appropriate procedure to challenge a single Justice’s referral under Rule 60(1).
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29 November 2016 |
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Notice of appeal missing prison transmission details and with inconsistent dates is defective; appeal struck out.
Criminal procedure — Appeal — Notice of appeal must comply with Court of Appeal Rules and Form B/Form B/1; special transmission requirements where appellant is in custody; defects apparent on face of record (missing prison particulars, inconsistent dates) render notice incurably defective and appeal incompetent — appeal struck out.
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28 November 2016 |
| February 2016 |
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Failure to be supplied with a copy of judgment can constitute sufficient cause to extend time to file a review application.
* Civil procedure — Extension of time — Rule 10 TCA Rules 2009 — Sufficient cause — Failure to be supplied with copy of judgment as grounds for extension.
* Criminal procedure — Application for review of Court of Appeal judgment — time limits and discretion to extend.
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25 February 2016 |
| December 2015 |
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Respondent failed to prove ownership; trial magistrate misapplied burden of proof and appeal was allowed.
Civil procedure – burden of proof – plaintiff must prove ownership on balance of probabilities; appellate review of credibility findings and requirement for trial court to give reasons when rejecting evidence; validity of sale agreement and ownership disputes over land/structure.
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28 December 2015 |
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The applicant recovered hotel charges and general damages after a respondent personally undertook to pay for guests' accommodation.
Contract and commercial disputes – hotel accommodation – agency/assumption of liability – evidential proof of undertaking to pay – deposits paid by third party – relevance and linkage to services rendered – appellate re-evaluation of factual findings; damages and interest.
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14 December 2015 |
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Whether the appeal was time-barred where the memorandum was filed before service of the certified record of appeal.
Court of Appeal Rules, 2009 – Rule 72(1): commencement of 21-day period upon service of the certified record of appeal; Registrar’s letter supplying proceedings not equivalent to service of record; premature memorandum of appeal struck out; Court may allow refiling under Rule 4(2)(a) and Rule 72(5) to secure substantial justice.
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14 December 2015 |
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Inadequate summing up and insufficient involvement of assessors rendered the High Court trial a nullity; conviction quashed and retrial ordered.
Criminal procedure – Trials with assessors – Duty to sum up adequately to assessors (summary of facts, evidence, law, and defence) – Assessors’ participation, including questioning witnesses – Failure to comply renders trial a nullity – Conviction quashed and retrial ordered.
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14 December 2015 |
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Leave to appeal refused where dispute was factual and concurrent credibility findings raised no point of law.
Land law – ownership dispute – leave to appeal – findings of fact based on witness credibility – concurrent findings of lower courts – appellate restraint where no point of law shown.
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11 December 2015 |
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Revocation of lease was void for denial of hearing; alternative plot ordered, monetary award quashed for lack of evidence.
Land law – Revocation of lease – procedural fairness and natural justice – right to be heard/notice to show cause – invalidity of administrative revocation; remedy—alternative land allocation versus setting aside subsequent allocation; compensation – requirement of evidential basis.
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11 December 2015 |
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An appeal is incompetent if the record omits required pleadings and proceedings under Rule 96(1).
Civil procedure — Appeal — Record of appeal — Rule 96(1)(c) & (d) — requirement to include pleadings and complete record of proceedings; omission of chamber summons and affidavits; Rule 96(3) application for exclusion of documents; incompetency and striking out of appeal.
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9 December 2015 |
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Notice of appeal failing to identify individual respondents and not complying with Form B is incurably defective and appeal struck out.
Criminal procedure – Notice of appeal – Compliance with Rule 68(1),(2) and (7) and FORM B – Impleading of absent person who never appeared at trial – Requirement to identify individual respondents – Incurable defects rendering appeal incompetent.
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8 December 2015 |
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An appeal lacking a properly dated decree is incompetent and will be struck out despite registry errors.
Civil procedure – Appeal competence – Requirement to include a properly drawn decree in record of appeal (rule 96(1)(h) Court of Appeal Rules 2009) – Decree must bear the date judgment was pronounced (Order XXIII Rule 7 Civil Procedure Decree) – Decree dated differently from judgment renders appeal incompetent.
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8 December 2015 |
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Extension of time granted where inadvertent procedural error and prompt corrective action demonstrated sufficient cause.
Civil procedure – extension of time – sufficient cause – inadvertent procedural error (filing revision instead of reference) – prompt corrective action and reasonable diligence may justify enlargement of time.
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8 December 2015 |
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Court granted extension of time to file a reference, excusing counsel’s inadvertent procedural error due to prompt corrective action.
Extension of time – sufficient cause – court to consider reasons for delay not merits; Counsel’s inadvertence/negligence excusable where prompt corrective steps taken; Active pursuit of remedies amounts to diligence.
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8 December 2015 |
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Registrar’s post‑filed certificate of delay cannot render an otherwise timely appeal incompetent.
Civil procedure – computation of time for filing an appeal – effect of Registrar’s certificate of delay issued after filing – preliminary objection on time bar overruled where memorandum filed within prescribed period following extension of time.
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7 December 2015 |
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7 December 2015 |
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7 December 2015 |
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Notices of appeal that wrongfully implead an absent accused and refer to respondents only as "11 others" are incurably defective.
Court of Appeal Rules 2009 — Rule 68(1),(2),(7) — Notice of criminal appeal must identify respondent(s) and substantially follow Form B; improper impleading of absent accused; "others" without identification incurable defect; misdescription of order appealed vitiates notice.
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7 December 2015 |
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A stay of execution application in the Court of Appeal requires a prior notice of appeal; otherwise it lacks jurisdiction.
* Civil procedure – Jurisdiction – Stay of execution – Whether a notice of appeal is a prerequisite under Rule 11(2)(b) of the Court of Appeal Rules, 2009 – Absence of notice of appeal renders stay application non-justiciable.
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7 December 2015 |
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Prompt, diligent post-strike-out conduct can constitute good cause to extend time to file a Notice of Appeal.
Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – "good cause" requires consideration of promptness, explanation for delay, diligence and special circumstances (e.g. alleged illegality) – post-strike-out prompt applications may justify enlargement.
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7 December 2015 |
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5 December 2015 |
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Prompt correction of counsel's procedural error constituted sufficient cause to grant extension of time to file a reference.
* Civil procedure – extension of time – sufficient cause – inquiry limited to reasons for delay, not merits of earlier applications
* Procedural mistake – inadvertent filing of revision instead of reference – may be excused where promptly corrected
* Diligence – prompt corrective action and continuous pursuit of remedies justify enlargement of time
* Court of Appeal – role in extension applications limited to assessing delay, not re-deciding substantive issues
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5 December 2015 |
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4 December 2015 |
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Court granted extension to file notice of appeal, finding applicant acted promptly and established good cause.
Civil procedure – Extension of time under Rule 10 – "Good cause" requires consideration of promptness, explanation for delay and diligence; prior High Court refusal not necessarily determinative; ignorance of procedure not per se sufficient but may be considered in context.
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3 December 2015 |
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Court dismissed improperly pleaded preliminary objection and held a Muslim's Mainland affirmation valid; application to be heard on merit.
Civil procedure — preliminary objections — competence and enabling provisions; Oaths & affirmations — validity of a Muslim's affirmation taken in Mainland Tanzania for proceedings filed in Zanzibar; Court's discretion under Court of Appeal Rules to dispense with written submissions and hear matter on merits.
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3 December 2015 |
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Alleged invalidity of a Muslim's affirmed affidavit failed; court dismissed the preliminary objection and ordered hearing on the merits.
Civil procedure — preliminary objection — competence and enabling provisions; Oaths and affirmations — validity of Muslim affirmation administered in Mainland Tanzania; Court of Appeal Rules — discretion to dispense with written submissions and proceed to oral hearing.
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3 December 2015 |
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An application for restoration is incompetent and struck out if the dismissal ruling sought to be restored is not attached.
Court of Appeal procedure – Restoration of dismissed application – Requirement to attach the dismissal Ruling – Competence of application – Rules 48(1) and 63(3) of the Court of Appeal Rules, 2009 – Application struck out for failure to produce vital document.
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2 December 2015 |
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Application to restore dismissed matter struck out for failure to attach the vital dismissal ruling; no costs ordered.
Civil procedure – Application for restoration of dismissed proceeding – Necessity to attach the dismissal ruling – Competence of application – Affidavits must exhibit vital documents – Failure to attach vital document renders application incompetent – Costs where defect prompted by court suo motu.
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2 December 2015 |
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Restoration application struck out for incompetence where the essential dismissal ruling was not produced.
* Civil procedure – Restoration of dismissed application – Requirement to attach the dismissal ruling as a vital supporting document – Competence of restoration application. * Evidence/pleadings – Annexures to affidavits must include material documents relied upon. * Costs – No order as to costs where defect was prompted by the Court suo motu.
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2 December 2015 |
| April 2015 |
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Non-joinder of the mortgagor and failure to state when the cause of action arose led to striking out the suit with costs.
Civil Procedure — Mortgage suits — Order XXXII Rule 1(1): mandatory joinder of persons with interest in mortgage or right of redemption; Order VII Rule 1(e): plaint must state facts constituting cause of action and when it arose — failure to comply grounds for striking out; locus standi of corporate plaintiff vs. mortgagor.
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17 April 2015 |
| March 2015 |
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Ignorance of law by a lay applicant is not a reasonable ground to extend time to seek leave to appeal.
Civil procedure – extension of time – Appellate Jurisdiction Act s.11(1) – application for leave to appeal – ignorance of law by a layperson is not a reasonable ground for extension – copies of judgment not a prerequisite to file application for leave.
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6 March 2015 |
| December 2014 |
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Failure to prove the dates specified in the charge is a fatal defect; conviction unsustainable and appeal dismissed.
* Criminal law – Particulars of offence – Necessity to prove the date/period alleged in the charge – Material uncertainty as to time vitiates conviction.
* Criminal procedure – Duty of the prosecution – Correct framing of charges and proving particulars at trial.
* Evidence – Inconsistency between charge sheet and witness testimony (child victim and medical examiner) – Fatal defect not curable under s.394(1)(a) CPA.
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11 December 2014 |
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Extension of time granted where late supply of the decree (required for stay application) constituted good cause.
* Civil procedure – extension of time – Rule 10 Court of Appeal Rules – discretionary power to extend time on good cause shown.
* Stay of execution – Rule 11(2)(c) – requirement to attach copy of decree to application for stay – late supply of decree as ground for extension.
* Unopposed applications – absence of affidavit in reply strengthens grant of relief when good cause shown.
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5 December 2014 |
| September 2014 |
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A notice to sue the Government must be served on the responsible ministry; suing only the Attorney General is improper.
* Government Proceedings Act s.6(2) – Notice of intention to sue must be served on the specific Minister/Department/Officer and copy to the Attorney General; proper Ministry/department is a necessary party. * Non‑joinder – Suing Attorney General alone without impleading responsible Ministry/department renders suit bad in law. * Limitation – Court declined to decide limitation where non‑joinder was fatal.
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19 September 2014 |
| June 2014 |
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Application to High Court to call Primary Court record dismissed for being brought under the wrong statute.
Primary Court proceedings — applicability of statutes — Civil Procedure Code not applicable to Primary Court matters — Magistrates' Courts Act governs Primary Court matters — application brought under wrong provision dismissed with costs.
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26 June 2014 |
| December 2013 |
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Failure to adequately sum up to assessors renders the trial invalid and warrants a retrial.
* Criminal procedure – Assessors – duty of trial judge to sum-up evidence to assessors (s.278(1) CPA) – "may" construed in practice as mandatory for adequate summing-up on essential elements – failure or misdirection fatal – trial not with aid of assessors – revisional relief and retrial ordered under s.4(2) Appellate Jurisdiction Act.
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13 December 2013 |
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Failure to properly sum up to assessors renders the trial a nullity and warrants quashing and retrial.
* Criminal procedure – trials with assessors – statutory requirement to sum up to assessors under s.278(1) – necessity for a recorded and comprehensive summing up; * Summing up must include summary of facts, evidence, relevant law, and possible defences; * Failure to properly sum up is fatal and renders the trial a nullity; * Remedy: quash proceedings, set aside sentence and order retrial de novo with new assessors.
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13 December 2013 |
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Applicants may apply to the Court of Appeal after a Regional Court with extended jurisdiction refuses extension of time.
* Appellate procedure – Extension of time – Where subordinate court exercises extended jurisdiction it is deemed High Court for Rule 47 and section 11(1) AJA – Applicants may apply to Court of Appeal after refusal by that subordinate court. * Civil procedure – Preliminary objection – Competence of application under appellate rules. * Procedural law – Issues not properly raised or without leave will not be entertained.
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11 December 2013 |
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A preliminary objection based on disputed facts cannot be decided on counsel submissions; it must be tried with admissible evidence.
Civil procedure — Preliminary objections — Must raise pure points of law apparent on pleadings; counsel submissions and extraneous documents are not evidence — Order XIV Rule 6 (admissions) not invoked — Order XXI Rules 7 & 8 require oral evidence in court under judge’s superintendence — Company registration and capacity to hold land are factual matters for trial.
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10 December 2013 |
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Extension of time granted to seek revision where prima facie illegality justified delay; substantive issues reserved for Full Court.
Civil procedure — Extension of time to file revision — Rule 10 and Rule 65(4) — Alleged illegality and irregularity in lower court proceedings — Recording of compromise as decree while preliminary objections pending — Deputy Registrar’s jurisdiction — Prima facie assessment by Single Judge; substantive determination left to Full Court.
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10 December 2013 |
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Application for extension struck out for failure to comply with Rule 48(1) and mis-citation of enabling rule.
Procedure – Court of Appeal Rules, 2009 – Rule 48(1) mandatory requirement for notice of motion and affidavit; Mis‑pleading of procedure – filing chamber application instead of notice of motion; Mis-citation of rule – citing Rule 47 instead of Rule 10 for extension of time; Court’s suo motu power to raise procedural non‑compliance; Incompetence of application leads to striking out.
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3 December 2013 |
| November 2013 |
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Applicant not party to original suit and supported by defective jurat; application struck out with costs.
* Civil procedure – locus standi – a non-party to original suit lacks standing to apply for review; remedy is revision.
* Civil procedure – affidavits – jurat must include attesting officer's handwritten name; omission renders affidavit incurably defective and application incompetent.
* Civil procedure – failure to file court-ordered written submissions = failure to appear; court may determine objections in absence of defaulting party.
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8 November 2013 |
| September 2013 |
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Reported
Application for extension of time struck out for non-compliance with Rule 48(1) and for citing the wrong rule.
* Civil procedure — Court of Appeal Rules 2009 — Rule 48(1) — requirement that applications be by notice of motion supported by affidavit and cite the specific rule.
* Procedural competence — improper mode of application (chamber application vs notice of motion) — consequences of non-compliance.
* Rule citation — citing a general rule (Rule 47) instead of the specific rule for extension of time (Rule 10) — renders application incompetent.
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10 September 2013 |
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Extension application struck out for being filed as a chamber application and citing the wrong rule.
Court of Appeal Rules 2009 – Rule 48(1) mandatory form of application; requirement for notice of motion supported by affidavit; necessity to cite specific rule; improper use of chamber application; citing wrong rule (Rule 47 instead of Rule 10) renders application incompetent and subject to striking out.
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10 September 2013 |
| December 2012 |
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The applicant's appeal lacked required leave, was struck out, and respondents awarded costs.
Appellate procedure — leave to appeal required for certain High Court orders — incompetence and striking out of appeal and notice of appeal — extension of time must first be sought in High Court — costs awarded for abortive appeal.
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15 December 2012 |
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An appeal without required leave is incompetent and must be struck out; extension of time must first be sought in the High Court.
* Civil procedure – Appealability – Leave required under section 11(1) Appellate Jurisdiction Act and Rule 47 – Appeal incompetent without leave.
* Civil procedure – Incompetent appeal – striking out appeal and accompanying notice of appeal.
* Civil procedure – Extension of time to file notice of appeal – must be sought first in High Court; Court of Appeal may entertain only after High Court refusal.
* Costs – award where appellant delayed and resisted a meritorious preliminary objection.
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14 December 2012 |