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Citation
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Judgment date
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| November 2004 |
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Appeal struck out as incompetent where no valid extension or leave to appeal was granted within statutory time.
* Appellate procedure – requirement of leave to appeal from subordinate court decisions (s.5(1)(c) Appellate Jurisdiction Act) – time limits under Rule 43(a) Court of Appeal Rules.
* Extension of time – High Court’s power to extend time to apply for leave governed by s.11(1) of the Act, not Rule 8 of the Court of Appeal Rules.
* Procedural requirements – no rule mandates attaching judgment/record to an application for leave; failure to do so does not validate an otherwise defective leave/extension.
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26 November 2004 |
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Reported
Criminal Practice and Procedure -Assessors - Failure of trial judge to sum up the case to the assessors before obtaining their opinion — Effect of such failure — Section 256(1) Criminal Procedure Decree Chapter 14 of the Laws of Zanzibar. |
26 November 2004 |
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Failure to sum up to assessors and unexplained judicial transfer vitiated the manslaughter trial; conviction quashed and retrial ordered.
Criminal procedure – Trials with assessors – Whether a judge must sum up to assessors and record their opinions; statutory 'may' versus established practice; transfer of cases between judges – requirement for reasons, potential prejudice, and role of Chief Justice/ Judge in-charge; effect of judge's retirement under Article 95(3) of the Zanzibar Constitution.
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26 November 2004 |
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Reported
Civil Practice and Procedure — Exhibits -Handling of Exhibits Exhibits handled in a way that makes tampering with them possible — Effect thereof.
Civil Practice and Procedure — Search — Mandatory conditions to observe in conducting a search - Section 114 (1) and (2) of the Criminal Procedure Decree Chapter 14 of the Laws of Zanzibar.
Civil Practice and Procedure - Functus officio - When a judge becomes functus officio. |
26 November 2004 |
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Court allowed appeal, affirming lower courts' finding of sale and the respondent's locus standi; High Court erred.
Appellate jurisdiction — requirement of High Court certificate under s.5(2)(c) of the Appellate Jurisdiction Act; Appeal against concurrent findings of fact — interference by higher court; Evidence — sufficiency to prove sale of land; Locus standi — heir's standing to sue; Compensation for improvements — valuation method left undecided.
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26 November 2004 |
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High Court improperly disturbed concurrent factual findings; appeal allowed and High Court certificate upheld.
* Appellate procedure – certification of point of law under section 5(2)(c) Appellate Jurisdiction Act – certificate valid though not specifically applied for where leave application raised points of law.
* Civil procedure – interference with concurrent findings of fact – higher court to show sufficient grounds before upsetting lower courts' factual conclusions.
* Property – proof of sale and possession of land – adequacy of evidence to establish purchase.
* Locus standi – heirship as basis for instituting land recovery suit.
* Limitation – assessment of whether suit was time-barred.
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26 November 2004 |
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Reported
Islamic Law - Jurisdiction of the Court of Appeal - Question of inheritance among Muslims coming within the jurisdiction of Kadhis' Courts - Whether Court of Appeal of Tanzania has jurisdiction over the matter — Article 96(2) of the Constitution of Zanzibar 1984.
Islamic Law - Jurisdiction — Respondent claims inheritance of a house under Islamic law - Applicant claims right of ownership of the house under Contract of Sale - Whether Kadhi's Court has jurisdiction to determine the question of sale.
Constitutional Law - Revision of decisions originating from and determined in Kadhis ’ Courts - Matter may entail interpretation of a provision of the Constitution of Zanzibar 1984 - Whether the Court of Appeal of Tanzania has jurisdiction to do so - Article 96(2) ofthe Constitution of Zanzibar. |
26 November 2004 |
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Reported
Criminal Practice and Procedure - Appeal - Summary dismissal of appeal - Whether the High Court has power to summarily dismiss an appeal.
Criminal Practice and Procedure — Appeal - Power of the High Court to summarily dismiss an appeal - Whether the court may dismiss an appeal summarily after it has allowed the parties to argue the appeal on merit — Section 328 of the Criminal Procedure Decree. |
26 November 2004 |
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High Court lacked jurisdiction to revise an appealable conviction the applicant failed to appeal; revisional ruling set aside.
Criminal procedure – Revision jurisdiction – Section 340(5) Criminal Procedure Decree (Cap.14) – Where an appeal lies and no appeal is brought, revisional proceedings by the party who could have appealed are not maintainable – Revisional orders made without jurisdiction are nullities – Competence of appeal.
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26 November 2004 |
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Reported
Civil Practice and Procedure - Leave to appeal to Court of Appeal - Whether there was a legal point worth consideration of the Court of Appeal. |
19 November 2004 |
| February 2004 |
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Reported
Appeal dismissed: Land Tenure Act governs title; compensation claims unpleaded and statutory declaration not proof of ownership.
* Land law – applicability of Land Tenure Act 1992 – public land, presidential vesting and grants by competent authority. * Civil procedure – appeal judgment requirements – compliance with Order XLVI r.31 (points, decisions, reasons). * Civil procedure – pleadings – reliefs and issues must be specifically pleaded; unpleaded compensation claims not entertainable. * Evidence – statutory declaration insufficient to establish ownership or superior title to public land. * Conflict of laws – Transfer of Property Act inapplicable to grants of public land under Land Tenure Act. |
10 February 2004 |
Civil Practice and Procedure — Pleadings - Claim for compensation not pleaded at the trial- Whether it is competent to raise it on appeal- Order VII, rule p 8 of the Civil Procedure Decree Chapter 8 (Zanzibar).
Civil Practice and Procedure - Judgment - Contents of a judgment — Order XLVI, rule 31 of Civil Procedure Decree (Zanzibar).
Land Law - Land tenure - All natural land declared public land vested in the President - Effect thereof- Land Tenure Act 1992.
Land law - Right of occupancy - Power of minister to grant or terminate occupancy - Section 3(4) of the - Land Tenure Act 1992. |
10 February 2004 |
| 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 |
| July 2002 |
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Appeal dismissed: court upheld breach of oral agreement and that designer retained copyright, awarding damages.
* Intellectual Property – Copyright – Whether copyright in commissioned box and label designs vested in commissioner or remained with designer – applicability of Copyright Act 1956 to Zanzibar and scope of s.4(3). * Contract – oral commission and breach – entitlement to damages where designer paid for production but not for assignment of copyright. * Evidence – assessment of credibility and effect of exhibits showing production payments.
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19 July 2002 |
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An appeal missing mandatory record documents and containing defective orders is incompetent and may be struck out despite late objection.
Civil procedure — Appeal — Record of appeal — Rule 89 mandatory contents (pleadings, decree/order appealed, order granting leave) — Defective extracted orders — Appeal incompetent; Civil procedure — Preliminary objection — Rule 100 reasonable notice — Court's discretion to adjourn rather than automatically overrule late objection.
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19 July 2002 |
| May 2002 |
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High Court erred in entertaining improperly pleaded preliminary points; proceedings quashed and appeal remitted for hearing on merits.
Civil procedure — Appeals to High Court — Improper use of 'preliminary points' akin to Court of Appeal Rule 100 — No equivalent under Civil Procedure Decree; procedural irregularity vitiates subsequent rulings; remedy: quash and remit for hearing on merits.
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10 May 2002 |
| April 2002 |
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Contract - Validity and enforceability - Agreement entered into in a foreign jurisdiction — Whether the agreement is valid and enforceable in Zanzibar.
Family Law - Marriage Settlement agreement - Marriage settlement agreement executed in Denmark and not registered in Zanzibar but giving a spouse an interest in the other spouse's landed properties in Zanzibar - Whether the marriage settlement is valid and enforceable in Zanzibar.
_ Conflict of Laws — Right to property - Right to own land in Zanzibar - Whether a Tanzanian who is not a Zanzibari may own land in Zanzibar — Section 24 of the Constitution of the United Republic of Tanzania and section 8(1) of the [Zanzibar] Land Tenure Act 1992 Number 12 of 1992. |
11 April 2002 |
| February 2002 |
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Court quashed judicial leave to sell wakf property, nullified the sale and required ministerial approval under Cap.103.
Wakf property – Disposal of wakf land – Jurisdiction to grant leave – Section 4, Wakf Property Decree (Cap. 103) vests power in Minister – Court’s lack of authority to grant leave – Revisionary powers under Appellate Jurisdiction Act to quash illegal orders – Nullification of sale.
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27 February 2002 |
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Procedural lapses in pauper leave and failure to plead a defence did not vitiate a partly successful claim; appeal dismissed.
* Civil procedure – pauper leave to sue – requirement that court be satisfied of poverty and reasonable cause of action – omission to consider reasonable cause not fatal where cause of action shown by evidence.
* Civil procedure – pleadings and counter-claims – Order VIII rules on replies and defences; failure to file a reply does not automatically grant judgment on a counter-claim absent proof.
* Trial judgment – apparent contradiction where plaintiff said to have failed to prove case yet awarded part of claim explained as language issue; partial success permissible where some claims uncontroverted.
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27 February 2002 |
| October 2001 |
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Conviction for manslaughter quashed where prosecution failed to prove negligence beyond reasonable doubt and trial judge relied on untendered statement.
Criminal law – Manslaughter – Safety of conviction where information may be duplicitous; evidentiary sufficiency on vehicle defects (brakes); burden of proof; admissibility and weight of uncautioned pre‑trial statements; contributory negligence and events organisation affecting criminal liability; necessity (or not) of expert speed reconstruction.
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24 October 2001 |
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Reported
Civil Practice and Procedure - Jurisdiction - When the issue of jurisdiction
may be raised - Whether the issue of jurisdiction may be raised at the
stage of appeal .
Civil Practice and Procedure - Originating Summons - Matter preferred in
Regional Magistrate’s Court by Originating Summons — Whether the
Regional Magistrate's Court has jurisdiction to hear matter preferred by
Originating Summons. |
24 October 2001 |
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Court upheld striking out an untimely served appeal; no sufficient public-law issue justified extension.
Court of Appeal – Civil procedure: service of record of appeal under Rule 90(1) – failure to serve within prescribed time; extension of time – discretion under Rule 3(1) and prejudice to respondent; striking out appeals for failure to take essential procedural step; defamation law – liability for republication and conversion of slander to libel.
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23 October 2001 |
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An appellant must first seek to set aside an ex parte High Court decree before prosecuting an appeal; simultaneous proceedings are irregular.
* Civil procedure – ex parte decree – setting aside an ex parte judgment – Rule 14 and section 5(1)(a) Appellate Jurisdiction Act – procedural sequence: High Court application first, appeal thereafter.
* Appellate procedure – effect of lodging notice of appeal – does not generally oust High Court jurisdiction.
* Authority – Aero Helicopter decision held of limited application, not a universal bar on High Court proceedings once appeal lodged.
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2 October 2001 |
| August 2001 |
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Court granted interlocutory injunction preserving status quo pending trial on contested land-title revocation.
Temporary injunction – preservation of status quo pending trial; interlocutory relief against government; preliminary objection as to competence of injunction under statute; requirements for injunctive relief: serious question to be tried, balance of convenience, risk of irreparable harm.
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3 August 2001 |
| January 2001 |
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Reported
Foreign marriage settlement created interests but Zanzibar law bars non-Zanzibaris from owning land, so monetary compensation ordered.
Conflict of laws – recognition and admissibility of foreign (Danish) marriage settlement; community of property – effect on pre-marriage and foreign assets; lex situs – immovable property governed by local law; Zanzibar land law – s.8(1) Land Tenure Act restricting land ownership to Zanzibaris; remedy – monetary compensation where legal title cannot be conferred; registration (Cap. 99) inapplicable to foreign-executed documents. |
1 January 2001 |
| December 2000 |
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A trial court cannot revoke and replace an ex‑parte decree to allow parties to renegotiate its amount.
Civil procedure Ex‑parte judgment Lawfulness of revocation and replacement; prohibition on renegotiating decree quantum; Limitation acknowledgement coupled with promise to pay restarts limitation; Appeal leave may be granted suo motu; Advocacy ethics improper for party/agent to act as advocate and witness.
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18 December 2000 |
(From the Ruling of the High Court of Zanzibar at Vuga, Dourado, J., dated 26 August 1998, in Miscellaneous Civil Application No. 2 of 1997) Appeals - Leave to appeal - Whether leave to appeal may be granted by the court suo motu. Civil Practice and Procedure - Correction of Errors -Errors committed by parties in drawing up documents - Whether section 130 of the Civil Procedure Decree applies to the correction of such errors - Procedure to follow in rendering corrections. Court of Appeal Rules - Rule 43(a) of the Court ofAppeal Rules providing for mode ofapplyingfor leave to appeal - Whether the rule makes it necessary to apply for leave to appeal - Whether overrides or adds to section 5(l)(c) of the Appellate Jurisdiction Act 1979 - Whether a judge can grant leave B to appeal suo motu. Limitation - Acknowledgment of time-barred debt and promise to pay it - Whether may give rise to a fresh period of limitation - Sections 19 and 29(a) of the Limitation Decree and section 25 of the Contract Decree. Contract - Acknowledgment of time-barred debt with promise to pay - Whether may give rise to a fresh period of limitation - Section 25 ofthe Contract Decree Chapter 149. Civil Practice and Procedure - Judge revokes and replaces his ex parte judgment - Whether proper for a judge to do so - Principle of functus officio. Civil Practice and Procedure - Decrees - Parties re-negotiate the court’s decree - Whether there is any legal basis or precedent for such re-negotiation.Civil Practice and Procedure - Litigant doubling as counsel for himself- Whether accords with accepted practice |
18 December 2000 |
| November 2000 |
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From the Ruling ofthe High Court of Zanzibar at Vuga, Tumaka, Deputy C.J., dated 3 April 2000, in Sessions No.7 of 1999, Constitutional Law - Sovereignty - Union of Tanganyika and Zanzibar to form the United Republic of Tanzania - Whether the constituent parts of the union retained their sovereign status. Criminal Law - Treason - Whether the offence of Treason can be committed against the Revolutionary Government of Zanzibar. International Law - Sovereignty - United Republic of Tanzania — Zanzibar and Tanganyika uniting to form the United Republic of Tanzania — Effect on sovereignty of the parties. |
21 November 2000 |
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Reported
Treason requires allegiance to a sovereign; Zanzibar is not sovereign, so treason is a Union matter against the United Republic.
Constitutional law – Union of Tanganyika and Zanzibar – Statehood and sovereignty – Treason requires allegiance to a sovereign – Security is a Union matter – Treason can be committed only against the United Republic, not the Revolutionary Government of Zanzibar.
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21 November 2000 |
| April 2000 |
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(From the ruling ofa single Judge ofthe Court of Appeal of Tanzania at Zanzibar, Ramadhani, JA dated 1 July 1997) Q Civil Practice and Procedure — Appeals to the Court of Appeal from District Courts in Zanzibar — Whether point of law should be certified for determination by the Court of Appeal - Section 5 of the Appellate Jurisdiction Act 1979 |
11 April 2000 |
| January 2000 |
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A power of attorney does not entitle an advocate to act without separate instructions; application struck out as incompetent.
* Civil procedure – preliminary objection – capacity and locus to sue – effect of wrongly cited or non-existent applicant; * Powers of attorney – registration under Registration of Documents Decree – compulsory registration limited to immovable property; * Advocacy – distinction between donee of power of attorney and advocate’s independent instructions; * Competence of application – lack of advocate’s instructions renders application incompetent.
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26 January 2000 |
| December 1999 |
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Appeal struck out due to time-barred application for leave, lacking legal basis for document attachment delay.
Civil Procedure - Time limits for filing appeals - necessity of attaching court decision to appeal application - concurrent jurisdiction in granting leave to appeal. |
13 December 1999 |