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Title
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Date
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Reported
Customary Law - Haya - Succession - Inheritance of land by female - Female sells the land with consent of clan members - Whether such sale valid
Customary Law - Haya - Sale of clan land - Redemption - Whether buyer entitled to compensation for unexhausted improvements
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Judgment |
27 November 1989 |
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Reported
Evidence - Corroboration - Complainant an unreliable character -Desirability ofcorroborative evidence
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Judgment |
27 November 1989 |
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Reported
Evidence - Accomplice evidence - Whether corroboration is always necessary for a conviction
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Judgment |
22 November 1989 |
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Reported
Contract - Customary contract - Between members of same tribe - Loan of Shs. 20,000/= - Land pledged as security - Law applicable - Jurisdiction
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Judgment |
20 November 1989 |
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Reported
Family Law - Kuria customary marriage - Marriage contracted by elopement -Whether it is a legal marriage
Family Law - Presumption of marriage - Elements
Customary Law - Kuria customary marriage - Marriage by elopement - Whether a legal marriage
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Judgment |
9 November 1989 |
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Reported
Customary Law - Will - Deceased illiterate • Requirements as to attestation rules on wills, GN No. 436/1963. Customary land law - Clan land pledged to stranger - Relative redeems land prior to pledger’s death - Effect of redemption. Customary land law - Redemption of clan land - Acquisition of title by redeemer by long and adverse possession - Customary Law (Limitation of Proceedings) Rules schedule, Item No. 6. Customary land law - Clan land pledged to stranger - Relative redeems land - Redeemer deprived land by clan council - Redeemer not at clan council meeting - Natural justice
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Judgment |
2 November 1989 |
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Reported
Court of Appeal Rules - Appeals - Application for extension of time to appeal to the
Court of Appeal - Whether sufficient reasons shown
Law of Limitation - Delay in filing an appeal - Whether appellant has sufficient cause for the delay
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Judgment |
30 October 1989 |
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Reported
Contract - Government tender - Whether an invitation to treat or an offer
Contract - Government tender - Whether central tender board obliged to accept highest bid
Contract - Tenderer’s bid made within period stipulated by tenderee - When legally binding contract arises
Contract - Government tender- Period within which to bid and pay purchase price stipulated in tender - Tenderer bids within stipulated period - Tenderee accepts bid subject to confirmation sale price - Tenderee confinns award of tender but shortens original period within which sale price payable - Whether open to tenderee to modify period of payment ofsale price
Contract - Government tender- Tender submitted within stipulated period - Tenderee accepts bid and confirms award of tender but shortens period within which sale price payable - Tenderer objects - Tenderee cancels award of tender - Whether open to tenderee to cancel award after acceptance
Civil Practice and Procedure - Right of hearing - Parties to suit aware of hearing date - Defendants absent at hearing without assigning any reason - Suit set down for ex parte proof - Defendants enter appearance on day set down for ex parte - Whether defendants have a right of hearing
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Judgment |
16 October 1989 |
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Reported
Contract - Agency - Termination - Terminable at instance of either party by three months notice - Termination by principal - No evidence that termination notice served on or received by agent - Effect
Contract - Agency - Termination of authority of - When it takes effect
Contract - Agency - Termination of authority of agent - Onus of proof
Contract - Agency - Terminable by notice - Wrongful termination by principal - Agent claims damages in lieu of notice - Measure of damages
Contract - Agency - Termination - Express or implied contract that agency to be continued for a period of time - Wrongful termination - Consequences
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Judgment |
13 October 1989 |
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Reported
Sale of goods - Buyer discovers goods to be defective on delivery - Had no opportunity to inspect goods - Whether principle of caveat emptor applicable. Sale of goods - Goods discovered to be defective - Breach of implied warranty by seller that goods in reasonable condition
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Judgment |
10 October 1989 |
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Reported
Civil Practice and Procedure - Revision - Limitation to revisional powers - Section 79(I) Civil Procedure Code, 1966
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Judgment |
7 October 1989 |
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Reported
Evidence - Confession - A confession by a co-accused - Whether can ground a conviction without corroboration
Evidence - Corroboration - Evidence of persons who have their own interest to serve - Whether can corroborate
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Judgment |
2 October 1989 |
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Reported
Limitation Law - Limitation in customary law - No specific period of limitation specified - But no unwarrantable delay is allowed
Family Law - Inheritance - Inheritance of wife - Legal effect on children and property
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Judgment |
29 September 1989 |
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Reported
Constitution Law - Constitutional right - Right to the protection of property
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Judgment |
29 September 1989 |
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Reported
Civil Practice and Procedure - Appeals - To the Court of Appeal - Case originating from Primary Court - A certificate on a point of law necessary
Civil Practice and Procedure - Assessors - Omission to take assessor's opinion - Effect
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Judgment |
22 September 1989 |
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Reported
Civil Practice and Procedure - Plaint - Relief sought - Plaint must show reliefs sought - Effect of non-compliance - O.VIl Rule 7 Civil Procedure Code, 1966
Labour Law - Gratuity - Condition for payment of gratuity
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Judgment |
7 September 1989 |
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Reported
Criminal Practice and Procedure - Sentencing - Illegal sentence - Special reasons for imposing sentence - What amounts to special reasons
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Judgment |
6 September 1989 |
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Reported
Civil Practice and Procedure - Transfer of cases - From Primary Court to District Court - Whether wish to engage advocate is a sufficient cause
Civil Practice and Procedure - Chambersummons - Effects of citing wrong provision of law in chambers summons
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Judgment |
29 August 1989 |
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Reported
Criminal Law - Mistaken identification
Evidence - Standard of proof- Evidence should leave no doubt
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Judgment |
26 August 1989 |
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Reported
Criminal Law - Theft - Admission - Admission of loss - Whether amounts to an admission of theft
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Judgment |
18 August 1989 |
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Reported
Court of Appeal Rules - Application for stay of execution before notice of appeal is filed - Limitation period for filing the application - Interlocutory application only entertained relating to legal action or step pending in court - Definition of interlocutory proceeding
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Judgment |
12 August 1989 |
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Reported
Criminal Practice and Procedure - Corroboration - Necessity of corroboration where conditions of identification are unsatisfactory
Criminal Practice and Procedure - Identification - Case dependent on identification - Evidence to be watertight
Criminal Practice and Procedure - Substituted conviction - Offence to be minor and cognate
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Judgment |
8 August 1989 |
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Reported
Civil Practice and Procedure - Review - Whether a judge can review his own order made in revision
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Judgment |
21 July 1989 |
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Reported
Company Law- Winding-up proceedings- Proceedings based solely on a disputed debt - Whether petitioner is a creditor - Whether petitioner has a locus standi
Company Law - Winding-up proceedings - Failure of respondent to file affidavit in opposition within the prescribed time - Whether court has discretion to extend the time to file affidavit in opposition - Rule 35 of the English Companies (Winding-up) Rules, 1929, s.248 of the Companies Ordinance, Cap. 212
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Judgment |
20 July 1989 |
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Reported
Banking - Collecting banker - Bank allowing customer to draw against uncleared effects - Bank manager representing to the customer that effects have been cleared - Duty of the banker
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Judgment |
20 July 1989 |
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Reported
Family Law - Maintenance - Quantum - Factors to be taken into consideration when awarding maintenance
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Judgment |
13 July 1989 |
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Reported
Family Law - Inheritance - Whether a childless widow is entitled to the property left by her deceased husband - Rule 77, GN 279/63
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Judgment |
13 July 1989 |
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Reported
Land Law - Mortgage - Definition of mortgage where customary law applies
Land Law - Limitation - Period to redeem a mortgage created under customary law
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Judgment |
30 June 1989 |
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Reported
Land Law - Survey - Procedure - Effect of failure to follow procedure
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Judgment |
21 June 1989 |
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Reported
Evidence - Objection proceedings - Onus of proof - On whom it lies - Rule 70 of Magistrates Courts (Civil Procedure in Primary Courts) Rules 1964 (GN 310) - S.72 (3) of Magistrates' Courts Act 1984
Evidence - Concession - Failure of the appellant to cross-examine The judgment-debtor - Whether amounts to concession
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Judgment |
15 June 1989 |
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Reported
Criminal Practice and Procedure - Sentencing - Power to impose sentence less than the minimum prescribed - Valid reasons for imposing a lesser sentence - Disqualification from holding or obtaining a driving licence
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Judgment |
14 June 1989 |
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Reported
Family Law - Inheritance - Widow inheritance - Whether lawful - GN 279/1963 para 64
Family Law - Damages - Adultery without enticement - Whether damages recoverable
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Judgment |
5 June 1989 |
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Reported
Land Law -Rent Restriction - Whether the Regional Housing Tribunal has jurisdiction to entertain an application by the National Housing Corporation for increase ofrent - Whether National Housing Corporation exemptedfrom the provisions of the Rent Restriction Act, 1984 - Section 2(1) Rent Restriction Act, 1984
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Judgment |
26 May 1989 |
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Reported
Civil Practice and Procedure - Right to sue - Whether a female who has attained the age of majority can sue or be sued in her own name
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Judgment |
23 May 1989 |
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Reported
Company Law - Winding up - Opposition to winding up - English Companies (Winding-up Rules), 1929
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Judgment |
19 May 1989 |
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Reported
Contract - Oral loan agreement - Concluded by one of the directors of a company - Loan money given to the director - Whether company liable to repay the loan
Company Law- Directors - Powers - One of company directors concludes an oral loan agreement and receives the money - Whether company liable to repay the loan - Section 33(b) Companies Decree of Zanzibar-Relevant articles of the Articles of Association of the Company considered and construed
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Judgment |
17 May 1989 |
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Reported
Landlord and Tenant - Rent Restriction - Jurisdiction - Whether High Court can hear appeals originating from the Housing Appeals Tribunal
Landlord and Tenant - Jurisdiction - Scope of jurisdiction of the Housing Appeals Tribunal to entertain cases from the Regional Housing Tribunal
Civil Practice and Procedure - Assessors - Assessor absent during part of proceedings - On return assessor appraised of what transpired during absence - Assessor allowed to advise Tribunal on verdict - Effect
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Judgment |
12 May 1989 |
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Reported
Land Law - Acquisition - When completed
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Judgment |
9 May 1989 |
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Reported
Civil Practice and Procedure - Appeals - Leave to appeal to the
Court of Appeal - Whether there is a point of law fit for consideration in that court
Civil Practice and Procedure - Stay of execution - Whether High Court has jurisdiction to entertain an application for stay of execution - Rule 9 (2) (b) Tanzania Court of Appeal Rules GN No. 102/1979
Customary Law - Whether customary law is good law or is superseded by statutory law - Proviso to section 9(3) JALO Cap. 453
Court of Appeal Rules - Stay of execution - Whether High Court has jurisdiction to entertain an application for stay of execution - Rule 9(2)(b) Tanzania Court of Appeal Rules
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Judgment |
6 May 1989 |
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Reported
Criminal Law - Wildlife Conservation - Government trophy - Whether eland meat is Government trophy - Wildlife Conservation Act, 1974 (Act No. 12/1974)
Criminal Practice and Procedure - Plea of “It is true ” - Whether an equivocal plea of guilty - Admission of facts read over by prosecution - Whether makes a plea unequivocal
Criminal Practice and Procedure - Sentencing - Practice - Ability to pay fine - Mitigating factors - Whether material in sentencing -Committal to High Court for sentencing
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Judgment |
24 April 1989 |
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Reported
Criminal Practice and Procedure - Successive trials - Statutory duty on the magistrate taking over - Whether it is mandatory for accused to be informed of his right to have witnesses who had previously testified resummoned and reheard
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Judgment |
18 April 1989 |
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Reported
Civil Practice and Procedure - Applications - Whether an application which unites two distinct applications in one application, namely an application for setting aside a temporary injunction and an application for injunction, is bad at law - 0.2 r. 3(1) of the Civil Procedure Code
Civil Practice and Procedure - Injunction - Notice requirement - Circumstances where court can grant injunction without issuing notice to the opposite party - 0.37 r. 3 of the C.P.C
Limitation - Temporary injunction - Whether the Law of Limitation Act, 1971 does apply to an application for temporary injunction
Company Law - Company - Power to increase capital - The Companies Ordinance, Cap. 212 Section 51(2)
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Judgment |
15 April 1989 |
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Reported
Criminal Practice and Procedure - Charges - Circumstances for amending a charge
Criminal Practice and Procedure - Bias - Determination of bias on the part of the trial magistrate
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Judgment |
7 April 1989 |
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Reported
Criminal Practice and Procedure - Forfeiture - Firearms and Ammunition Ordinance (Cap 223) - Conviction under section 31(4) to be followed by forfeiture order
Criminal Practice and Procedure - Forfeiture order made by trial court seven years after sentencing and without notice or audience to the Republic and appellant - Whether procedure is regular
Principles of Natural Justice - Forfeiture order made seven years after sentencing - Whether the trial court becomes functus officio - Duty of court where prosecution fails to apply for forfeiture order - Firearms and Ammunition Ordinance (cap. 223)
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Judgment |
21 March 1989 |
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Reported
Evidence - Witnesses - Number of witnesses required to prove a fact. Criminal law - Alibi - Notice of intention to raise defence of alibi
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Judgment |
6 March 1989 |
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Reported
Criminal Practice and Procedure - Appeals - Right of appeal - Witness aggrieved by order of the court - Whether such witness has a right to appeal
Criminal Practice and Procedure - Appeals - Right of appeal - Order made on a trial for the restitution of property - Whether “any person aggrieved" by such orderincludes a person who is not a party to the case - Section 358(5) Criminal Procedure Act construed
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Judgment |
4 March 1989 |
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Reported
Evidence - Of spouse - Scope of application of section 130 (1) of the Evidence Act, 1967 - Construction
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Judgment |
15 February 1989 |
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Reported
Criminal Practice and Procedure - Identification - Of stolen property by colour - Value of such evidence
Criminal Law - Doctrine of recent possession - Its applicability
Criminal Practice and Procedure - Judgment - Contents of - S.312(1) of Criminal Procedure Act, 1985
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Judgment |
13 February 1989 |
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Reported
Criminal Practice and Procedure - Settlement out of court - Matters to be settled out of court - Whether burglary and stealing are matters capable of being settled out of court - S.163 of Criminal Procedure Act
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Judgment |
9 February 1989 |
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Reported
Civil Practice and Procedure - Notice of Motion - For extension of time for application for leave to appeal and for leave to appeal - Whether inadevertence is sufficient reason for the delay - Records do not show that oral or informal applications were made
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Judgment |
8 February 1989 |