Court of Appeal of Tanzania

Civil Practice and Procedure - Plaint - Failure to disclose a cause ofaction - Whether necessaryfor plaintiff to aver compliance with s. 6 ofthe Sale ofGoods Ordinance Cap. 214(T). C Civil Practice and Procedure - Plaint - Particulars in - Special defence open to defendant - Whether plaintiff required to anticipate it - S.6 Sale of Goods Ordinance and O. VII r. 1(e) Civil Procedure Code. Civil Practice and Procedure - Reply to written statementofdefence - Whether court to take into account when considering whether plaint discloses cause ofaction - O.VIr.7Civil Procedure Code. Civil Practice and Procedure - Plaint - Failure to disclose a cause ofaction - Dismissal ofsuit - Proper action to be taken - O. VII r. 11 (a) Civil Procedure Code.

Family Law - Matrimonialproperty - Whether domestic services of a house wife amount to contribution in acquisition of matrimonial assets.  Family Law- Matrimonial assets- Family assets - Assets envisaged u/s 114 (1) ofthe LawofMarriageAct, J971 - Matrimonialassets acquired by spouses during marriage by theirjoint efforts.

Civil Practice and Procedure - Appeal originating from Primary Court - Whetherdecision ofthe High Court in matters originating  from the Primary Court appealable -Appellate JurisdictionAct, 1979. Civil Practice and Procedure - Appeal originating from Primary Court - Certification ofpoint oflaw - Whether Court ofAppeal hasjurisdiction - Rule 46 (3) Court ofAppeal Rules.

CivilPractice and Procedure - Revision - Notice ofMotion to revise or nullify an order ofstay ofexecution - Whether Court ofAppeal hasjurisdiction -s.3(l) and3(2)Appellate JurisdictionAct 1979,  s.38 Civil Procedure Code ActNo. 49 of1966 rr.2 and 36 Court ofAppeal Rules, O.XLll, R.l Civil Procedure Code. Civil Practice and Procedure - Powers of the Court ofAppeal - Appellate Jurisdiction Act - Whether Court ofAppeal haspowers ofHigh Court  Civil Practice and Procedure - Appeal to Court of Appeal - Definition of- R.2 Court ofAppeal Rules

Civil Practice andProcedure - Appeal - Failure tofile appeal within prescribed time - Appellant represented by Advocate - Whether  appeal to be admitted - R.83 Court ofAppeal Rules. Civil Practice and Procedure - Appeal - Appeal oftime - Advocates failure to check the law properly - Whether sufficient ground.

Civil Practice and Procedure - Appeal, Record of- Not containing a copy of the decree - Whether appeal competent - R. 89 (2) Court ofAppeal Rules. Civil Practice and Procedure - Appeal - Record not containing decree - Notice of Motion seeking extension of time to file a  supplementary record - Whether notice an answer to objection regarding competency ofappeal.

Evidence - Experts - Evidence of expert photographer with occasional experience in examining engines and chassis of suspectednumbers - Unsafe to base conviction on uncorroborated  testimony ofsuch expert. Evidence - Credibility - Trial court’s finding as to credibility of witness usually binding on appeal court. Evidence - Experts - Requirements.

Civil Practice and Procedure - Jurisdiction ofPrimary Courts in cases involving title orinterest to landregistered underthe Land Registration Ordinance, Cap. 334- Section 14 ofthe Magistrates ’ Courts Act, Cap. 537. Land Law - Compensation in respect of contribution made to G property.

Evidence — Confession — Confession to police officer — Admissibility in evidence
— Effect of the 1980 amendment to S.27 of the Law of Evidence Act. 1967.
Criminal law — Malice-aforethought — Brutal nature of the killing -— Whether
. malice-aforethought proved..