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Citation
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Judgment date
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| November 2008 |
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Extension of time refused where counsel’s lack of diligence caused an appeal’s incompetence, not a court error.
Extension of time – discretionary relief – requirement to give sufficient reasons – counsel’s negligence/ignorance of procedure not acceptable ground – defective decree rendering appeal incompetent – "interest of justice" must be particularized; illegality as special ground.
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25 November 2008 |
| September 2008 |
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Court reduced taxed instruction fee from 3% to 1%, holding section 30(1) CPA gives taxing masters wide discretion overruling scale limits.
Costs – Taxation – Scope of taxing master’s discretion under section 30(1) Civil Procedure Act vs Advocates’ scales; whether 3% scale is minimum or maximum; judicial interference limited to error of principle or manifest excess; reduction of instruction fee from 3% to 1% where case decided on preliminary point; substitution of party name following statutory restructuring.
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22 September 2008 |
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Registered trade mark "POA" confers exclusivity; similar marks by competitor caused passing off, justifying injunctions and damages.
* Trade marks – Registration confers exclusive right (Trade and Service Marks Act, s.31) – Use of identical or similar mark in same trade may constitute infringement and passing off.
* Passing off – Likelihood of confusion assessed by reference to the nature of the goods and ordinary consumers – essential/strike word may dominate overall mark.
* Administrative procedure – Applicant must respond to Registrar’s conditions or application deemed withdrawn (Trade Marks Rules, r.29).
* Remedies – Injunctions, delivery up/destruction, special, general and punitive damages and costs.
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15 September 2008 |
| August 2008 |
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Arbitral award set aside where State lacked Attorney General-approved representation, denying fair hearing and exceeding arbitrator’s authority.
Arbitration law – validity of award – public respondent’s representation without Attorney General’s approval – breach of Civil Service Standing Orders – denial of fair hearing – arbitrator exceeding authority by apportioning costs – court’s supervisory power to set aside award even after filing as decree.
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15 August 2008 |
| July 2008 |
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Court granted extension of time and stay of execution after appeal struck out due to defective decree, finding applicant diligent.
Civil procedure — extension of time to file notice of appeal — defective decree and appeal struck out — due diligence and Limitation Act — leave to apply for stay of execution out of time — considerations: irreparable harm, balance of convenience, security.
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23 July 2008 |
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A plaint must disclose facts connecting a defendant to the alleged wrong or the defendant's name may be struck out.
Civil procedure – Pleadings – Cause of action must be disclosed in the plaint; material facts connecting defendant to alleged wrong are mandatory; failure to plead such facts permits striking out under Order VII r.11/12; preliminary objections to be raised early (Order VIII r.2); corporate personality – company’s separate legal identity distinguishes liability of company from its agents/directors.
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22 July 2008 |
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A taxing master may judiciously depart from prescribed fee scales under S.30; taxed costs affirmed.
Advocates' Remuneration and Taxation of Costs – taxation of bills – interplay between prescribed scales and S.30 Civil Procedure Act – taxing master's discretion to depart from scales where exercised judiciously; factors to consider (value, complexity, conduct, access to justice); allowance of instruction fee above scale; reasonableness of omnibus charges and absence of receipts.
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16 July 2008 |
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Taxing officer allowed most costs, disallowed four items, and upheld secretarial fees, taxing the bill at Tshs. 10,514,000.
Costs taxation – bill of costs reviewed by taxing officer; disbursements and attendances allowed as presented; secretarial/clerical fees treated as allowable direct costs without separate receipt; specific items (2, 24, 27, 30) taxed off; taxed total Tshs. 10,514,000.
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10 July 2008 |
| May 2008 |
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High Court lacks jurisdiction to continue proceedings after a Notice of Appeal to the Court of Appeal is filed.
Jurisdiction — effect of filing a Notice of Appeal — High Court lacks jurisdiction to proceed once appeal to Court of Appeal instituted (Aero Helicopter precedent); stay of proceedings; withdrawal of application; remission of record to Court of Appeal.
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30 May 2008 |
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A bill of costs filed after the 60‑day statutory period is out of time; formal application required for any extension.
* Taxation of costs – time limit – bill of costs must be filed within 60 days (s.21, Part III Limitation Act).
* Extension of time – formal application required; informal concession or rejoinder insufficient.
* Jurisdiction – court cannot tax a bill filed after statutory period without proper leave.
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8 May 2008 |
| April 2008 |
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Commissioner’s Mining Act jurisdiction is limited; minerals excluded from land jurisdiction; defective verification is curable.
* Mining law – s.101 Mining Act – scope of Commissioner for Minerals’ jurisdiction; commercial disputes over options to purchase mineral rights not automatically referable.
* Land law – definition of "land" excludes minerals; disputes concerning minerals not necessarily within exclusive jurisdiction of Land Division.
* Civil procedure – Order VI r.15(3) CPC – verification clause omission is procedural and curable; leave to amend under Order VI r.17.
* Preliminary objections – may be decided on legal merit; not all objections are properly preliminary if dependent on evidence.
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23 April 2008 |
| February 2008 |
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A document filed after the plaint but produced at first hearing is admissible under Order XIII Rule 1; objection dismissed with costs.
Civil Procedure — production of documentary evidence — Order VII Rule 14 (documents to be filed/ listed with the plaint) — Order XIII Rule 1 (production at first hearing of documents not already filed) — admissibility and leave — first hearing as cut-off — non-production thereafter requires good cause.
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18 February 2008 |