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Citation
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Judgment date
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| December 2000 |
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13 December 2000 |
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13 December 2000 |
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Court upheld respondent’s title, found appellant a trespasser, and dismissed appeal ordering demolition without compensation.
Land law – title by allocation and certificate of title – prior allocation extinguishes subsequent offer; trespass – unlawful occupation and demolition without compensation; evidence – right to cross-examination and abandonment; civil procedure – pecuniary jurisdiction and amended plaint; revocation of title – presidential revocation ineffective where title void ab initio.
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2 December 2000 |
| November 2000 |
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Application for leave to appeal dismissed for non-appearance, the absence treated as abandonment of prosecution.
Civil procedure - Leave to appeal - Dismissal for non-appearance; Applicant's absence treated as abandonment or lack of interest in prosecuting appeal.
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23 November 2000 |
(Consolidated with Miscellaneous Civil Causes Nos. 146,147,148,149,150,151,152,153, and 154 by order ofthe Court dated 16 July 1999) Company law - Scheme of arrangement - Approval of scheme of arrangement - Principles to be taken on board before sanctioning such approval - Section 154 of the Companies Ordinance Chapter 212. |
21 November 2000 |
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Appeal struck out as time-barred and prosecuted against the wrong legal entity following statutory reorganisation.
* Civil procedure – preliminary objections – limitation – applicable limitation period for appeals under Part II First Schedule to the Law of Limitation Act 1971 (45 days) – 90-days contention rejected.
* Civil procedure – joinder/party – corporate reorganisation – respondent bank ceased to exist by statute; proper defendant is the successor holding corporation.
* Binding precedent – Court of Appeal authority on identity of legal entity after statutory vesting followed.
* Remedy – appeal incompetent and struck out with costs.
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16 November 2000 |
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Appeal allowed: tribunal unlawfully varied standard rent and misdated its commencement; tenant’s structural alterations justified eviction.
* Housing law – Rent Restriction Act – power of Tribunal to assess/ fix standard rent – Appeals Tribunal may not vary a standard rent figure not properly contested or without reasons. * Rent – commencement date – assessed rent that is fixed after an initial fixed term cannot be made retrospective into that term; new standard rent takes effect from commencement of the second tenancy term. * Tenancy – prohibited structural alterations – demolitions, blocking doors and toilet works constitute structural alteration/breach justifying termination and eviction. * Civil procedure – costs – successful landlord awarded costs in both lower tribunal and appellate court.
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16 November 2000 |
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Leave must be obtained before suing a specified public corporation; a subsequently arising subsistence claim was not res judicata.
Public corporations – specification and role of PSRC (s.43(1)(b) Act No.16/1993; s.9 Cap 25) – effect of specification on creditors’ claims; requirement of leave to sue specified public corporations; res judicata – whether later-arising subsistence allowance claim barred by earlier proceedings.
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16 November 2000 |
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The Attorney General lacked locus standi to intervene or file the late application, which the court dismissed.
* Civil procedure – Joinder and locus standi – Whether the Attorney General is a privy to proceedings and has standing to file or be joined at a late stage – Late or out-of-time applications and procedural competence.
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16 November 2000 |
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Conviction of one accused upheld on reliable identification; convictions of two others quashed for insufficient identification evidence.
* Criminal law – Robbery (s.285, s.286 Penal Code) – Identification evidence – reliability where witness knew accused and scene illuminated by motorcycle lamp. * Criminal procedure – Alibi – failure to give notice under s.194 CPA. * Identification parade – absence does not necessarily vitiate conviction where witnesses knew accused and identification at scene was reliable. * Sufficiency of evidence – separate assessment for multiple accused where evidence links only one clearly to the offence.
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9 November 2000 |
Civil Practice and Procedure - Applications -Application for leave to withdraw suit with liberty to file afresh suit in respect of the abandoned suit - Order XXIII Rule 1(2). Civil Practice and Procedure - Written submissions by order of Court- Governed by practice. |
3 November 2000 |
Civil Practice and Procedure - Admission - Notice of admission of debt - Judgment on admission - Order XII, rule 4 ofthe Civil Procedure Code 1966.Civil Practice and Procedure - Decretal amount — Interest on decretal amount - Whether payment of decretal amount in instalments is ground for waiver of interest - Order XX, rule 11(1) of the Civil Procedure Code 1966 |
2 November 2000 |
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Failure to renew fishing licences under a charter-party entitled the applicant to contractual compensation; an extension option was not validly exercised.
• Commercial law – Charter‑party – obligation of owners to procure fishing licences – breach for failure to renew licences – contractual compensation under agreed clauses.
• Contract formation – option to extend hire – requirement of timely written offer and unqualified written acceptance; conditional acceptance amounts to counter‑offer.
• Civil procedure – default/ex parte proof – admissible but must be credible and scrutinised.
• Remedies – award of contractual lump‑sum compensation, loss‑of‑income damages, interest and costs.
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1 November 2000 |
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Plaintiffs awarded US$320,000 for owners' failure to renew fishing licences; alleged contract extension not proved.
Charterparty — existence and interpretation of terms — owners’ obligation to obtain fishing licences; breach for failure to renew licences; contractual remedies (lump‑sum compensation and loss of income). Contract law — exercise of option to extend — requirement of unqualified acceptance under clause 22.1; conditional acceptance/counter‑offer defeats extension. Evidence — ex parte proof in default proceedings must still meet proof standard; untested assertions are not automatically accepted.
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1 November 2000 |
| October 2000 |
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Windfall tax on offshore JET‑Al quashed: no domestic price basis, unlawful 24‑hour demand and premature recovery.
Tax law – Windfall tax (s.13/13C Income Tax Act) – contingent on TPDC domestic pricing – JET‑Al not in price lists so no basis for assessment; Memorandum of Understanding not a substitute for Ministerial exemption; s.99(2) requires 30‑day payment period; s.92 objection must be determined before recovery measures – recovery without determination ultra vires.
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27 October 2000 |
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Ex parte trespass established, but damages rendered academic by government acquisition; court awarded costs.
* Property law – Trespass – Plaintiff proved ownership by Certificate of Title and established defendants’ encroachment. * Civil procedure – Ex parte proceedings – Service by publication and unopposed oral evidence accepted. * Public acquisition – Government acquisition under Acquisition of Lands Act No.47/1967 rendered monetary damages/interest claims academic. * Remedies – Initial award of damages and interest declared irrelevant; costs awarded.
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27 October 2000 |
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Whether to grant leave to appeal out of time where respondent's appeal was filed late and heard ex parte, and merits favor the appellant.
Civil procedure — Leave to appeal out of time under s.25(1)(b) Magistrates' Courts Act — Appeal filed out of time and heard ex parte — Lack of notification to appellant — Merits of intended appeal relevant to grant of extension — Failure of respondent to file reply submissions.
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26 October 2000 |
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Trial by a magistrate lacking the required resident-magistrate status was a jurisdictional nullity; retrial ordered.
Magistrates' Courts Act s.6(1) – court of a resident magistrate must be presided over by a resident magistrate; jurisdictional defect – presiding magistrate lacking requisite status renders trial a nullity; remedy – conviction quashed and trial de novo before properly constituted court.
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25 October 2000 |
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Appeal dismissed: representative capacity, unrelated probate irrelevant, renovations do not create ownership; compensation offset by rents.
- Civil procedure: capacity to represent an interested party in primary court proceedings (Magistrates Courts Act s33) - Property: extensive repairs/renovations do not confer ownership; entitlement to compensation for improvements - Evidence: rejection of reliance on unrelated probate findings
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23 October 2000 |
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Primary court must follow assessors' majority; sale of a kiosk on a road reserve does not convey ownership of the land.
* Civil procedure – Primary court – obligation to follow majority opinion of assessors (Magistrates' Courts Act s.7(2)).
* Land law – Road reserve as public land – sale of temporary structure (kibanda) does not transfer land ownership.
* Evidence – failure of alleged seller to testify weakens claim to transfer of land title.
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23 October 2000 |
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Appeal dismissed except respondent ordered to refund Tsh. 874,150/-; court refused to reopen factual issues not raised before the appellate tribunal.
* Housing disputes – calculation of rent period – whether rent payable until keys returned or earlier date – admissibility of raising factual issues not argued on appeal. * Evidence – reliance on correspondence versus admissible evidence – appellate court’s basis for findings. * Remedies – refund of construction costs upheld.
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20 October 2000 |
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The appeal was dismissed for being filed 54 days after receipt without an application for extension, exceeding the 30-day limit.
* Civil procedure – Appeals – Time limits for filing appeals from District Court to High Court – requirement to file within 30 days or apply for extension. * Failure to apply for extension – appeal incompetent and liable to be dismissed.
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20 October 2000 |
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Application for certiorari and mandamus against Board dismissed for procedural defects and being time‑barred despite administrative nature of decision.
Administrative law – Judicial review – prerogative orders (certiorari and mandamus) – Whether time‑limit in s.18(3) of Act No.55/1968 applies to administrative decisions of statutory boards – Procedural requirements for review: attachment of impugned order, supporting affidavits, payment of fees and proper service – Time‑bar and absence of viable order to quash.
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19 October 2000 |
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An ex parte judgment was set aside where the defendant’s uncontroverted affidavit satisfactorily explained non‑appearance and counsel’s submissions could not rebut it.
Civil procedure – Ex parte judgment – Setting aside judgment under Order VIII r.14(1) – Sufficiency of explanation for non‑appearance; Evidence – Affidavit vs counsel submissions – absence of counter‑affidavit renders affidavit uncontroverted; Procedural fairness – reliance on representations by opposing party's clerk.
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18 October 2000 |
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Where labour law assigns redundancy disputes to the Industrial Court, High Court lacks jurisdiction to hear suits based on unregistered voluntary agreements.
* Civil procedure – Jurisdiction – Suit founded on unregistered voluntary agreement – Not justiciable under Industrial Court Act (s.39(4)). * Labour law – Trade disputes/redundancy – Procedure via Labour Commissioner and Industrial Court. * Civil courts’ jurisdiction – Section 7 CPC; specialized tribunal precedence; exceptional circumstances required to depart.
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16 October 2000 |
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Taxation allowed: decree holder entitled to fees under Schedule 8(8) and awarded Shs 21,305,760/= on taxation.
* Taxation of costs – debt collection – application of paragraph 8, Schedule 8, Advocates Remuneration and Taxation Rules – entitlement to percentage fee (5%) of amount collected.
* Bill of costs – compliance with accepted rates – inspection of folios – taxation allowed.
* Ex parte decree – enforcement through taxation of costs.
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13 October 2000 |
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Bill of costs taxed under Advocates' Rules: instruction to defend at 3%, reduced attendance and copying allowances.
Taxation of costs; Advocates' Remuneration and Taxation of Costs Rules 1991 (G.N. 515) – Schedule IX (instruction to defend at 3% of claim); Schedule VIII (court attendance and drawing/copying rates); default judgment and summary proceedings affecting costs assessment.
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13 October 2000 |
Company Law - Winding up - Petition for compulsory winding up - Petitioner unable to meet demands of creditors and debts exceeding value of assets — Circumstances in which the court may issue a winding up order - Section 167 of the Companies Ordinance Chapter 212. |
12 October 2000 |
Civil Practice and Procedure - Applications - Application for injunctions - Prayer for dispensation of notice to the other parties — Considerations that the court must take into account before granting an application for dispensation. Civil Practice and procedure -Applications -Application for injunction - Three prayers for injunctions made in one application and supported by one affidavit - Whether proper in law and practice. Civil Practice and procedure - Applications - Ex parte application - Requirements/principles to be contained in such application. |
12 October 2000 |
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A plaintiff may withdraw a suit under Order XXIII if sufficient reason exists and no prejudice to the respondent arises.
Order XXIII CPC – Withdrawal of suit with liberty to refile – Sub‑rule 2 requires sufficient reason – Need to prevent prejudice to respondent – Documents absent from plaint can justify withdrawal.
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10 October 2000 |
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Preliminary objection dismissed: cause of action determined from pleadings; trespass claim falls outside housing tribunal jurisdiction.
Pleadings — cause of action to be determined from the plaint/written statement only; Jurisdiction — tort of trespass not within Regional Housing Tribunal jurisdiction; Non-joinder — former landlord need be joined only where claim arises from tenancy.
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5 October 2000 |
Civil Practice and Procedure - Cause of action - Plaintiff not disclosing a cause of action and plaintiff not having a cause of action - Difference between the two. Civil Practice and Procedure - Cause of action - Non-disclosure of cause of action-defendant having a defence to each allegation raised in the plaint - Whether that means there is non-disclosure of cause of action. |
3 October 2000 |
| September 2000 |
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Whether additional evidence taken by a subordinate court despite a High Court order justifies the applicant's leave to appeal.
Jurisdiction of subordinate courts; additional evidence taken in contravention of High Court order; admissibility and probative value of improperly taken evidence; effect on matrimonial property division and custody orders; leave to appeal; appellate consideration of point of law.
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28 September 2000 |
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Applicants granted extension but denied leave to appeal because interlocutory ruling did not finally determine the suit.
* Commercial Division – appealability of interlocutory or preliminary orders – s.5(2)(d) Appellate Jurisdiction Act (Act 15/1979 as amended by Act 10/1999) – no appeal unless the order finally determines the suit. * Civil procedure – amendment of pleadings – interlocutory refusal not automatically appealable. * Limitation/extension of time – registry closure for financial year-end constitutes sufficient cause for retrospective extension.
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26 September 2000 |
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By consent the court restrained the respondent from attaching the applicant’s property pending final determination of the suit.
* Civil procedure – interim relief – restraint on execution/attachment – consent order under Order XXXVII R.2 and Sections 68(e) and 95 CPC – temporary injunction by agreement.
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24 September 2000 |
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The appellant’s purchase evidence and possession supported the trial court award; the District Court’s reversal was set aside.
Land dispute – title by sale – admissible documentary evidence (sale receipt Exhibit A) and oral witnesses – weight of evidence and credibility – appellate review of trial court factual findings – effect of delay/acquiescence on ownership claim.
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21 September 2000 |
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20 September 2000 |
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Preliminary objections on plaint verification and signature dismissed; lease legality reserved for determination on evidence.
Civil procedure — Preliminary objections — Verification of plaint — Adequacy where source of information is disclosed; Signing — Multiple plaintiffs must sign amended plaint; Substantive issues — Legality of lease agreement requires evidence, not appropriate for preliminary objection stage.
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15 September 2000 |
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Application to review judgment for alleged fraud in tax-remission proceedings dismissed for lack of evidence.
Judicial review – allegation of fraud – application for review under Order XLII, ss.78 & 95 CPC – tax remission under Customs Tariff and Sales Tax Acts – evidential sufficiency of affidavits and annexures – identity of applicant (parish within diocese) – misapplication of proceeds.
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15 September 2000 |
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Failure to comply with mandatory mediation and procedural notice requirements rendered an ex parte proof order set aside on review.
* Civil procedure – ex parte proof – requirement for written application for leave and notice to the Attorney‑General (GN 376/1968; Order VIII r.14(4)).
* Alternative dispute resolution – mandatory mediation under Government Notice 244/94 for matters involving counterclaims prior to trial.
* Review – relief for procedural irregularity even where procedural defects in the review form are raised.
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14 September 2000 |
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An affidavit missing the verification clause is a fatal defect warranting striking out and dismissal of the application.
Civil procedure – Affidavit – Verification clause – Affidavit lacking verification is incurably defective and liable to be struck out; resulting incompetency of application – Affidavit drafted by counsel.
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14 September 2000 |
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The applicant's interdiction and dismissal set aside for failure to institute charges timely and denial of right to be heard.
* Civil service disciplinary procedure – Interdiction – Requirement to institute charges within 30 days (Standing Orders F.34; s.24(5) Civil Service Act 1989). * Right to be heard – denial of hearing during interdiction and before dismissal. * Judicial review – certiorari/mandamus to correct procedural breaches. * Procedural regularity of inquiries – necessity of evidence on formation, terms and conduct of commission of inquiry.
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14 September 2000 |
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14 September 2000 |
Civil Practice and Procedure - Summary suit - Application for leave to appear and defend - Order XXXV, rule 3 of the Civil Procedure Code 1966. Civil Practice and Procedure - Summary suit - Leave to appear and defend in a summary suit - Circumstances under which leave to defend may be granted. |
8 September 2000 |
| August 2000 |
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Appeal dismissed as time-barred for applicant's failure to promptly prosecute after certified judgment issued.
Civil procedure — Appeal time limits — Whether an appeal filed months after certification of judgment is time-barred due to lack of diligence in procuring certified copies — Preliminary objection on timeliness — Ex parte argument where appellant absent.
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30 August 2000 |
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Subordinate court proceedings quashed where vessel subject to prior transfers/receivership was improperly attached and jurisdiction was lacking.
* Civil procedure – Revision under s.44(1) Magistrates Courts Act; nullity of subordinate court proceedings for want of jurisdiction. * Attachment of ships – effect of change of ownership and receivership on execution and seaman’s lien. * Requirement to join receiver/manager or obtain appropriate leave where High Court orders affect property. * Procedural defects and timeliness of revision applications.
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30 August 2000 |
Evidence - Bankers' books - Meaning of bankers' books - Whether ofbankers' books includes computer print outs - Sections 76, 77, 78 and 79 of the Evidence Act 1967. |
30 August 2000 |
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28 August 2000 |
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Plaintiff may withdraw with leave to re-file but amendments after mediation require formal application and costs awarded to respondent (payable later).
Civil procedure — Amendment of plaint after mediation — formal chamber application required; Civil procedure — Withdrawal of plaint with liberty to re-file — Order 23 r.1(1)(2)(b) and subrule (3) — court may award costs; Costs — effect of mediation and prior work by defendant — costs awarded but payment deferred until finalisation of fresh suit; Order 8A r.4 (as amended by GN.422 of 1994) relevant to costs considerations.
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24 August 2000 |
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Ex parte judgment for reconciled hire charges with awarded interest; speculative large interest claim rejected for lack of proof.
Contract — Equipment hire — Proof of debt and account reconciliation — Payments in kind credited against debt — Ex parte evidence where defendant defaulted — Claim for large interest/special damages rejected for lack of proof — Pre- and post-judgment interest awarded.
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23 August 2000 |