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Title
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Date
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Reported
Agency - Suspension of agent - Agent transacts business during suspension - Whether agent entitled to commission
Agency - Agent suspended - Agent transacts business partly using facilities of the principal - Whether agent entitled to same amount of commission
Agency - Agents right to remuneration - General rule and exceptions to the general Rule - Calculation of agents commission
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Judgment |
25 November 2001 |
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Reported
Civil Practice and Procedure - Ex-parte judgement - Application for extension of time to apply to set aside ex-parte judgment and (b) setting aside - What the Court must consider in the application
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Judgment |
19 November 2001 |
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Reported
Family Law - Matrimonial Property - Contribution to the acquisition of & matrimonial property - Whether contribution by the wife must be direct and monetary
Family Law - Matrimonial Property - Division of matrimonial properties - Property acquired through proceeds from the businesses of both spouses - Whether the wife has a right to such property
Family Law - Matrimonial property - Division of matrimonial properties - Proportion of the property that the wife may be entitled to
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Judgment |
19 November 2001 |
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Reported
Civil Practice and Procedure - Appeals - Record of appeal - Certificate of delay that must be contained in the record of appeal — Certificate issued before preparation and delivery of a copy proceedings to the appellant - Whether proper - Rule 83(1) ofthe Court ofAppeal Rules
Civil Practice and Procedure - Appeals - Preliminary Objection to an Appeal - Application to amend kcord of appeal made after a preliminary objection has been made against the competence of the appeal - Whether such application may be entertained
Civil Practice and Procedure - Appeals - Notice of Appeal — Parties that are to be served with the
Notice of Appeal - Section 77(1) of the Court of Appeal Rules 1979
Natural Justice - Principles of natural justice — Right to be heard - A party to be directly affected by an appeal but was not a party to proceedings at the
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Judgment |
19 November 2001 |
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Reported
Civil Practice and Procedure — Plaint - Striking out an incompetent plaint - Power to strike out an incompetent plaint - Whether striking out such plaint amounts to rejection in terms of Order VII, rule 11(c) of the Civil Procedure Code 1966
Civil Practice and Procedure - Rejection of incompetent plaint - Power to reject an incompetent plaint - Whether rejection plaint may give rise to decree as defined under section 3 of the Civil Procedure Code 1966
Civil Practice and Procedure - Appeal - Right to appeal - Decision made under Order VII, rule 11(c) of the Civil Procedure Code 1966 - Whether appellable as of right or by leave
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Judgment |
19 November 2001 |
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Reported
Civil Practice and Procedure - Limitation of Actions - Action for declaratory orders - Limitation period for an action for declaratory orders - Law of Limitation Act 1971, first Schedule, Part I, item 24
Limitation of Actions - Torts -Action for the tort of trespass to goods - Point in time when the tort becomes actionable
Torts - Tort of Conversion -..Factors constituting the tort of conversion. Limitation of Actions — Torts - Tort of conversion - Running of time against an action for conversion - Point when time starts to run
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Judgment |
14 November 2001 |
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Reported
Criminal Practice and Procedure - Charges - Charge of stealing by servant - Sections 265 and 271 of the Penal Code Chapter 16
Criminal Practice and Procedure - Charges - Charge of stealing of property followed by a charge of being in possession of property unlawfully acquired - Charge of being in possession of property unlawfully acquired relating to property acquired by using proceeds of the theft - Whether the charge is proper
Criminal Practice and Procedure - Sentencing - Compensation order — A compensation order must be precise and must show the law under which it is made
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Judgment |
9 November 2001 |
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Reported
Customary Land Law - Wills - Will witnessed by six witnesses - Whether the will is valid
Customary Law -Inheritance - Whether clan land may be bequeathed to female heirs - Customary Law of Inheritance, G N 436 of 1960
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Judgment |
29 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
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Judgment |
24 October 2001 |
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Reported
Tort - Vicarious liability - Whether master alone can be sued without joining The Tort-feasor. Tort- Vicarious liability - Vicarious liability for murder - Unauthorised wrongful killing ofthe deceased by police officers - Whether criminal liability may be attributed to the mafter
Government Liability - Vicarious liability of the Government - Unauthorised wrongful killing of the deceased by police officers - Whether the Government is vicariously liable - Section 3(4) of the Government Proceedings Act 1967
Tort - Relief- Grant of relief sought — Written Statement of Defense is only evasive with general denials - Whether Court should grant the relief sought without further proof by the plaintiff
Tort - Damages - Assessment of damages - Assessment of damages awardable to dependants - Working life of the deceased husband and widow’s chances of remarriage as factors in assessing damages. Human Rights — Abuse of human rights by Government organs - Right to adequate compensation - Whether holding the Government vicariously liable for acts of its servants will open flood gates of litigation
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Judgment |
4 October 2001 |
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Reported
Civil Practice and Procedure - Res judicata - In the previous case the plaintiff, sued the defendant for a declaration that he (the plaintiff) was not in breach of agreement with the defendant and for an order determining the < agreement - In the subsequent suit the same plaintiffsues the same defendant for a declaration that it was the defendant who was in breach of the agreement - Whether the doctrine of res judicata applies - Section 9 of the Civil Procedure Code 1966
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Judgment |
30 September 2001 |
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Reported
Criminal Practice and Procedure -Appeals - Appeals by the Director of Public Prosecutions - Notice of Appeal filed by the Regional Crime Officer - Whether such appeal properly before the Court - Sections 279, 370 and 379(a) of the Criminal Procedure Act 1985
Criminal Practice and Procedure - Appeals - Notice of Appeal by the Director of Public Prosecutions &mdash
Meaning of Director of Public Prosecutions - Section 377 of the Criminal Procedure Act 1985
Statute - Interpretation of statute - Cross references to sections in the same statute - The Criminal Procedure Act 1985 - Meaning of the word “section ” in section 377 of the Criminal Procedure Act 1985
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Judgment |
14 September 2001 |
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Reported
Appeals - Appeal to the Court of Appeal - Notice of Appeal - Whether Notice of Appeal filed in the sub registry of the Court of Appeal and signed on behalf of Deputy Registrar of the Court of Appeal is valid
Appeals - Appeals to the Court of Appeal — Notice of Appeal &mdash
Filing of the Notice of Appeal - Notice of Appeal to be filed in the High Court — Rule 76(1) of the Court of Appeal Rules 1979
Court of Appeal - Court of Appeal Rules - Notice of Appeal - Form of the Notice of Appeal - Notice of Appeal to be in Form in the first
Schedule to the Court of Appeal Rules - Rule 76(6) of the Court of Appeal Rules 1979
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Judgment |
14 September 2001 |
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Reported
Landlord and Tenant - Period of rent payable - Lease states the amount ofrent payable per square metre but does not state whether per month or per annum - Determination of period of rent
Landlord and Tenant - Lease - Notice to terminate lease - Receipt of rent due after issue of notice to terminate lease - Whether receipt of rent by the lessor after notice of termination is issued operates as waiver ofthe notice
Civil Practice and Procedure - Pleadings - Matter not pleaded — Whether Court may decide a matter which was not pleaded
Stamp Duty - Obligation to pay stamp duty - Lessor pays stamp duty on a lease instead of the lessee - Whether the lessor may recoverfrom the lessee the amount paid as stamp duty
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Judgment |
22 August 2001 |
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Reported
Civil Practice and Procedure - Affidavits - Pleading by affidavits - Whether a rejoinder to a Reply to a Counter Affidavit is permissible Appeal - Locus standi in appeals - Whether a person who was not involved in original proceedings has capacity to bring appeal - Rule 76(1) of the. Court ofAppeal Rules 1979. Court ofAppeal - Court ofAppeal Rules 1979 - Notice ofpreliminary objection -Whether omission to cite provision under which the objection is brought - is fatal
Natural Justice - Right to be heard - Right to land revoked without a hearing - Decision reached without regard to natural justice
Constitutional Law - Basic Rights - Basic rights guaranteed protection by the Constitution -Right to befully heard enshrined in the Constitution -Article 13(6)(a) of the Constitution of Tanzania
Constitutional Law - Separation ofpowers andfunctions - Power to grant and revoke rights to land - High Court makes orders granting and revoking rights of occupancy - High Court infringing doctrine ofseparation of powers by usurping powers of the executive
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Judgment |
9 August 2001 |
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Reported
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Judgment |
27 July 2001 |
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Reported
Civil Practice and Procedure - Costs - Costs ofa suit -Award ofcosts ofa suit where no prayerfor costs is made in the plaint - Whether award of costs to the successful party is automatic Civil Practice and Procedure - Precedent - Decisions by judges of the same Court - Judges of the same Court not to give conflicting decisions
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Judgment |
29 June 2001 |
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Reported
Appeals - Appeals to the Court of Appeal - Requirement of leave to appeal under the Appellate Jurisdiction Act 1979 -- Written law providing for automatic right of appeal - Whether leave to appeal is still necessary requirement - Section 5(1) of the Appellate Jurisdiction Act 1979 and section 17(5) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Ordinance Chapter 360
Natural Justice - Right to be heard - Right of Occupancy revoked after receipt of a letter from the respondent explaining why his right of occupancy should not be revoked - Whether there was breach of natural justice
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Judgment |
21 June 2001 |
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Reported
Civil Practice and Procedure - Damages - Damages not pleaded - Whether damages not pleaded are awardable - Order VII rule 7 of the Civil Procedure Code 1966. Civil Practice and procedure - Interest on damages - Whether bank rate applicable - Order XX, rule 21 of the Civil Procedures Code 1966
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Judgment |
11 June 2001 |
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Reported
Evidence - Confession - Admissibility of confessions - Confession contained n in a statement involuntarily made - Whether admissible - Sections 27, 28 and 29 of the Evidence Act 1967
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Judgment |
17 May 2001 |
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Reported
Administrative Law — Administrative action - Challenging an administrative action for being unconstitutional - Whether an application under section 4 ofthe Basic Rights and Duties Enforcement Act 1994 is the only way of challenging such action. Constitutional Law &mdash
Administrative Action - Resistance to an unconstitutional administrative action - Whether an application under section 4 of the Basic Rights and Duties Enforcement Act 1994 is the only way
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Judgment |
17 May 2001 |
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Reported
Civil Practice and Procedure - Applications — Application for extension of time to file a written statement of defence - Whether extension can be made at any time or is restricted to within 21 days after expiry of the time provided - Section 93 and Order VIII, rule 1(2) of the Civil Procedure Code 1966
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Judgment |
6 April 2001 |
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Reported
Insurance - Consequential loss -Whether loss of business falls undei consequential loss
Contract - Contract of insurance — contract containing an exclusionary clause - Whether insurer can take cover under the exclusionary clause. Insurance — Contract of insurance - Breach of contract of insurance - Period of blameworthiness on part of insurer
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Judgment |
4 April 2001 |
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Reported
Criminal Practice and Procedure - Review - Application for review before Court of Appeal - Period of limitation for such application. ■'
Criminal Practice and Procedure - Review - Application for review - Delay in lodging application - Grounds for delay - Whether laxity and incompetence of advocate is an excuse for delay
Criminal Practice and Procedure - Review -Application for review - Preliminary objection to review - Application out of time and circumstances relied upon not disclosed
Criminal Practice and Procedure - Limitation - Whether the Court is subject to The Law of Limitation Act 1971 - Whether rules of the Court prescribe a limitation period for review
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Judgment |
30 March 2001 |
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Reported
Government Proceedings - Suits against the government - Application for temporary injunction - Whether an order of temporary injunction may be issued against the Government — Section 11 ofthe Government Proceedings Act 1967
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Judgment |
27 March 2001 |
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Reported
Company Law - Receivership - Whether directors divested of power to challenge The receivership itself
Civil Practice and Procedure - Parallel suits between same parties involving the same issue - One filed in the Commercial Division while another is pending in the High Court at Tanga — Subsequent suit struck out — Order 4, rule 1(3) as amended in GN 140 of 1999
Advocates - Appearance in Court proceedings - Party to an action also appearing as advocate in the same case - Conflict of interest
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Judgment |
16 March 2001 |