High Court of Tanzania

(From Resident Magistrate’s Court Civil Case No. 23 of 1994) Contract - Sale Agreement - Minors Contract — Validity.

(From the Regional Magistrate’s Court, in Original Decree in Case No. 34 of 1995) Civil Practice and Procedure - Judgment - Default judgment in a suit with several defendants - One defendant fails to file defence and trial court pronounces judgment in favour of plaintiff- Then court proceeds to hear suit against the other defendant- Whether the properprocedure is complied with - Order XI, rule 12 Civil Procedure Decree Chapter 8. Civil Practice and Procedure - Judgment- Same court pronounces two judgments in the same case -Whether trial was regular and valid

Civil Practice and Procedure - Limitation ofactions — Claim that suit is time-barred based on date of a transfer deed disowned by its alleged maker - Need to prove the transfer deed before dealing H with limitation. Civil Practice and Procedure - Preliminary objection — Preliminary objection based on an allegation itselfrequiring to be proved'with evidence - Whether preliminary objection can be resolved before proof of the allegation. I Civil Practice and Procedure — Jurisdiction ofthe Courts - Ouster of jurisdiction - Statutory conferment ofjurisdiction on a tribunal - Whether jurisdiction of the ordinary courts is thereby ousted - Section 13 of the Land Tribunal Act 1994, No. 7 of 1994 (Zanzibar)

Magistrates' Courts - Jurisdiction - Jurisdiction of Resident Magis- „

trate to hear and determine case filed in a district court - Magis-
trates’ Courts Act 1985 (Z)

Criminal Practice and Procedure - Pias - Disqualification on judicial bias - Groundsfor disqualification . Criminal Practice and Procedure - Application for presiding F magistrate to withdrawfrom the case - Duty ofthe court.

Civil Practice and Procedure - Appeals - Applicationforleave to D appeal - Noticefiled out oftime - No sufficient reasonfor delay shown - Rule 8 of Court ofAppeal Rules 1979. Court ofAppeal Rules -Appeals - Applicationforleave to appeal - Noticefiled out oftime - No sufficient reasonfor delay shown - Rule 8 of Court ofAppeal Rules 1979. E Civil Practice and Procedure - Judgment - Who may receive judgment.

Criminal Practice and Procedure - Charges - Withdrawal of - Withdrawal afterthe accused has been called upon to make F hisdefence - Effectofwithdrawal - CriminalProcedure Decree, Cap. 14, s.81. Criminal Practice and Procedure - Charges - Withdrawal of - Duty ofprosecutors to give reasonsfor seeking to withdraw charges - Criminal Procedure Decree, Cap 14, s.81.

Civil Practice and Procedure - Jurisdiction - Declaratory order - Whether the High Court of Zanzibar has power to grant declaratory decrees. Constitutional Law - Validity of a proclamation of the Zanzibar Revolutionary Council - Whether a Revolutionary Council proclamation has force of law. Contract - Void contract - Payment of interest a term of the contract, rendered unlawful being contrary to law - Whether contract enforceable. Contract - Public policy - Charging of interest prohibited by the government - Whether charging of interest in such circumstances is against public policy. Contract - Frustration - Failure of a party to perform a contract because of government action. Statutory Interpretation - Mischiefrule.

Civil Practice and Procedure - Jurisdiction - One of the parties is
a head of a Department of the Union Government - Whether the
High Court for Zanzibar can hear and determine the suit.
Civil Practice and Procedure - Institution of Proceedings - One of
the parties is a head of a Department of the Union Government
- Procedure before instituting the suit - Civil Procedure Decree,
Cap. 8, s. 60.
Landlord and Tenant - Tenant caused damage to premises - Parties
did not agree on anything regarding maintenance of the suit
premises - Whether damages recoverable - Pent Restriction
Decree, Cap. 98, s. 28(l)(b)(i).

Workmens Compensation Decree - Workmen's Compensation -
“Arising out of and in the course of the employment” - Meaning
- Workmen’s Compensation Decree, s. 6(1).

Family Law - Domicile of parties to marriage - Private International Law - Section 15(c) of the 5Civil Procedure Decree, Cap. S - Parties subject to the jurisdiction of the court of the country of their domicile. Family Law - Conversion to Islam - Second marriage ceremony under Islamic Law - Whether parties subject to Islamic law in matrimonial proceedings.

Family - Marriage between Indian citizen and a Zanzibari - Applicable law - ‘Lex domicili’ of Zanzibar. Family Law-Age of Majority - Whether it affects capacity to marry on religion/religious rites party - Section 2 Age of Majority Decree, Cap. 53