Civil Procedure and Practice Cases – Mandela's Law library

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Applicant failed to show sufficient cause for extension of time to file a Notice of Appeal. extension of time – sufficient cause – Lyamuya principles – delay in obtaining judgment copy – unsubstantiated mental incapacity – need for medical corroboration.

Acquittal upheld where missing corroborative witnesses and inconsistent medical/timing evidence created reasonable doubt. Necessity of corroboration and calling material witnesses; medical evidence and menstrual history affecting timeline; proof beyond reasonable doubt.

Accused convicted of murder based on eyewitness, caution statement and post-mortem; sentenced to death. causation and malice aforethought — Evidence: eyewitness identification, caution statement and post-mortem — Self-defence rejected.

Applicant’s failure to account for delay and non-disclosure of prior proceedings rendered his extension application untenable. extension of time to file appeal — applicant must account for each day of delay and provide supporting evidence (prison transfer documents/affidavits); material non-disclosure or falsehood in affidavit vitiates application; discretion to extend time denied.

Absence of required DPP consent for economic offences vitiated the trial; conviction set aside and retrial ordered. jurisdiction – requirement of DPP’s consent for subordinate court trial under EOCCA – absence of consent renders proceedings null and void; retrial de novo where retrial will not enable prosecution to rebuild collapsing case.

Appellate court quashes rape conviction where medical and testimonial inconsistencies, and prosecutorial omissions, defeated proof beyond reasonable doubt. Rape — proof beyond reasonable doubt; medical evidence on genital injury; evaluation of uncorroborated victim testimony; failure to cross-examine; adverse inference for non-production of witnesses/exhibits.

Admission of evidence after the applicant’s guilty plea rendered it equivocal, requiring quash of proceedings and retrial. guilty plea — substance of charge — admissibility of exhibits after plea — equivocal plea — prosecution acting as witness — right to fair trial — retrial ordered

Appeal against conviction after an unequivocal guilty plea dismissed; only sentence challenges are permissible. guilty plea – unequivocal plea – appealability under section 381(1) CPA – admissibility and reading of exhibits – caution statement and seizure certificate.

Acquittal upheld where a court decree and bona fide claim of right created reasonable doubt on unlawfulness and theft. Malicious damage to property — unlawfulness where execution follows civil decree — self-help execution; Stealing — ownership, claim of right and fraudulent intent; burden of proof beyond reasonable doubt.

Admissibility of exhibits and committal listing – Material variance between information and evidence – Chain of custody and compliance with Drugs Control Regulations – Inconsistent prosecution evidence and failure to call material witness – Proof beyond reasonable doubt

Amended charge missing from record — Preliminary hearing plea of guilty — Charge central to fair trial — Absence renders conviction unsafe — Proceedings nullified and retrial ordered

adjournment and court discretion – substitution of witnesses – dismissal for want of prosecution versus discharge – acquittal and bar to retrial – remittal for continuation of trial.

absence of transfer direction renders proceedings void; revisional powers to nullify proceedings; retrial discretionary – declined where prosecution evidence is materially deficient (conflicting cause of death, unreliable identification in mob context, unexplained delay in arrests)

appeals from guilty plea limited to legality/extent of sentence; Consolidation of charges — discretionary, requires related offences and same evidence; Plea-taking — section 245(2) CPA, sanctity of court record; Sentencing — guilty plea as mitigation; effect of prior convictions and caution on "habitual offender" label; Consecutive vs concurrent sentences — same transaction warrants concurrency

Accused’s age — Duty to stay proceedings and commit to juvenile court (Law of the Child Act) — Burden on prosecution to disprove minority once raised — Unshaken defence evidence creates reasonable doubt — Failure to consider defence vitiates conviction — Appellate re-evaluation on second appeal.

Armed robbery — Visual identification by single witness — Dock identification requires prior identification parade or corroboration — Need to link witness descriptions to arrests — Conviction must be proved beyond reasonable doubt

Admissibility of cautioned statements — Section 50(1)(a) CPA four-hour rule — Exclusion of out-of-time statements — Illegally obtained evidence — Circumstantial evidence — Unbroken chain — Discharge of co-accused and reasonable doubt

Appeal by DPP under section 404 CPA – Power to re-evaluate evidence and reverse acquittal; limits where trial judgment has been quashed; remittal for fresh judgment –

Appeal by DPP under section 404 CPA – Power to re-evaluate evidence and reverse acquittal; limits where trial judgment has been quashed; remittal for fresh judgment – nullity of appellate re-composition of trial judgment.

Armed robbery – material variance between charge particulars (date) and prosecution evidence – requirement to amend charge under section 251(1) CPA – failure to amend renders charge unproved and warrants acquittal.

Appeal procedure; time limits for filing memorandum of appeal; electronic filing under GN. No. 148 of 2018 (rule 21(1)); JoT-eCMS records as proof of filing; appeal struck out as time-barred

Amendment or substitution of charge — Requirement for formal endorsement and admission — Defective charge invalidating trial — Material inconsistency in date of offence — Section 251(1) Criminal Procedure Act — Revisionary powers under section 6(2) Appellate Jurisdiction Act — Nullity of proceedings.

Amended/substituted charge missing from record of appeal — Right to be informed of charge — Fair trial — Conviction unsafe — Trial rendered nullity — No retrial ordered — Court’s revisional powers under s.6(2) Appellate Jurisdiction Act — Quash convictions and order release.

arson; identification evidence — voice recognition and visual ID; admissibility and weight of remorseful statements as admission; failure to call witness; appellate review of grounds of appeal.

alteration/substitution of charge – necessity to read and explain altered charge and take plea – failure to arraign a substituted charge renders trial a nullity – conviction quashed and retrial ordered.

An application for a Mareva injunction is moot once the statutory 90‑day notice period has expired. Mareva injunction; interim relief; statutory 90‑day notice to Government; overtaken by events; service date for calculation of notice period.

An affidavit lacking the deponent’s signature and proper attestation renders the supporting application incompetent and liable to be struck out. Affidavit formalities — deponent’s signature and jurat essential — unsigned affidavit incurably defective — signature comparison admissible to determine authenticity — application incompetent and struck out; authorities: Dodoli Kapufi; Mshamu Said.

Applicant allowed to withdraw suit but defendants awarded costs due to failed mediation and plaintiff’s refusal to sign settlement. Withdrawal of suit with leave – Costs generally follow the event (s.30(1) CPC) – Familial/ corporate relationships not dispositive – Mediation reached and plaintiff’s refusal to execute settlement justifies costs award

Appellate court erred by relying on an unadmitted document; claimant failed to prove the alleged debt on balance of probabilities. appellate re-evaluation of evidence; Evidence – documents annexed to pleadings are not evidence unless tendered and admitted; Evidence Act s.66 – contents of existing documents must be proved by production; burden of proof – failure to produce material document weakens claimant’s case.

A taxing master’s instruction fee awards were upheld, but taxation costs were disallowed under the One‑Sixth Rule. instruction fees – discretion of taxing master – indemnity vs party-to-party costs – One‑Sixth Rule (Order 48) – costs of taxation disallowed where >1/6 disallowed.

Applicant failed to establish a substantial point of law for certification; revocation for prolonged non-compliance was upheld. certification under s.8(2)(c) AJA; points of law vs. factual findings; administration of estates — duty to file inventory and accounts; revocation of administrator for non-compliance; functus officio in probate; revisional jurisdiction; right to be heard and suo motu findings.

Applicant’s bereavement and court vacation did not establish sufficient cause; extension to file appeal dismissed with costs. extension of time—sufficient cause—bereavement—court vacation does not suspend limitation—filing via e-CMS—merits of intended appeal not substitute for satisfactory explanation—submissions are not evidence.

A court’s ruling must align with the parties’ pleadings and submissions; inconsistencies render it a nullity and require remittal. preliminary objection argued by written submissions – written submissions equivalent to oral hearing – rulings must align with pleadings and filed submissions – defective ruling a nullity – quash and remit.

An application to set aside an ex parte judgment does not automatically excuse delay in seeking extension of time to appeal. good cause requirement – application to set aside ex parte judgment – whether such application excuses delay – res sub judice – Magistrates’ Courts Act s.20 and Rule 30(1) Magistrates’ Courts (Civil Procedure in Primary Courts) Rules.

A generic medical letter did not prove sufficient cause to set aside a dismissal for non-appearance; application dismissed with costs. setting aside dismissal for non-attendance — sufficiency of cause — medical certificate/letter must show incapacity to attend — failure to notify court or arrange representation undermines application.

Application for Mareva injunction struck out for incompetence due to inconsistent names on court documents. competence of application – Mareva injunction sought “pending intended suit” and risk of perpetual injunction – affidavit must not contain arguments/conclusions (Order XIX r.3(2)) – sufficiency of land description for injunction – importance of accurate electronic court records and correct party names – misnomer may render application incompetent.

Argumentative affidavit paragraph forming the basis for an extension application was incurably defective; application struck out with costs.

Application for extension of time to appeal dismissed for failure to account for delay and no apparent illegality.

Applicant failed to show sufficient cause to set aside dismissal; submissions cannot replace affidavit evidence.

A counterclaim pleaded within a defence must meet plaint formalities; failure to do so renders it incompetent and struck out.

An application was struck out because the supporting affidavit failed to show express authorisation (power of attorney) to depose for co-applicant.

Affidavit containing legal arguments and a defective verification clause rendered the application incompetent and led to striking out.

Affidavits: must be in deponent’s own words (first person) and confined to facts within personal knowledge; inadmissible: arguments, legal conclusions, prayers. Where majority of affidavit paragraphs are incurably defective, application may be struck out; expungement/refiling not appropriate remedy. Preliminary objection on competence under Land Registration Act left undecided

Arrest and commitment as civil prisoner — Order XXI Rule 41(1),(2) CPC — Requirement to prove inability by poverty or other sufficient cause — Adverse inference from uncontroverted averments — Effect of in‑court promise to pay and subsequent non‑payment — Concealment of assets and risk of absconding.

Advocates Remuneration Order 2015; Rule 48 (excessive claim) – applies to taxation proceedings; discretion to depart from scale requires reasons; costs of taxation disallowed where >1/6 disallowed and no reasons given.

attachment and sale of judgment debtor’s vehicles — failure to file court‑ordered submissions — failure to prosecute — show cause to resist execution — attachment order issued.

Appeal time limits — Rule 90(1) Court of Appeal Rules — Certificate of delay: Registrar must exclude only days from request to notification of readiness — Rectification under slip rule (section 96) cannot extend or suspend the sixty-day appeal period — Defective certificate of delay cannot cure late filing.

Amendment of memorandum of appeal under rule 111 — limits of Court’s discretion — substitution versus amendment — jurisdictional bar under section 26(2) Tax Revenue Appeals Act — pre-empting opponent’s submissions — leave refused.

appellate time limits — conflicting High Court orders showing different dates of delivery of ruling extending time — materiality of clerical/record anomalies — remedy: correction by High Court (s.96 Civil Procedure Act) and filing of supplementary record of appeal — adjournment pending rectification

Appeal — Mandatory service of memorandum and record of appeal — Rule 79/90 — Failure to serve respondent renders appeal incompetent; joinder of successor party requires leave under Rule 85(2); rectification not permitted once mandatory rules breached.

Appeal competency – Service of written request for copies of High Court proceedings – Rule 90(3) Court of Appeal Rules – certificate of delay – where no acknowledgement or affidavit proving service, certificate invalid and appeal time-barred.

-Appeals – Essential steps to institute an appeal – Appeal not instituted one year after obtaining copy of record of trial court proceedings – Whether essential step not taken Civil Practice and Procedure – Court record – Presumption that court record represents what happened – Whether court record can be impeached

Appeals – Appeal against decision overruling preliminary objection – When maintainable Landlord and Tenant – Vacantpossession and public interest- Granting vacant possession in order to accommodate a public library – Whether in the public interest

Appeals – Service of notice, memorandum and record of appeal – Validity of service on an advocate at an address provided for service (Rule 77) – Non-compliance with Rule 90 not necessarily fatal where record contains documents required by Rule 89. Civil procedure – Records of appeal – Alleged omission of original petition – distinction between missing documents listed in Rule 89 and other defects Advocacy – Right of a client to dismiss and engage counsel – client’s unconditional right and prejudice if denied

Applications – Fresh application for stay of execution after dismissal of a similar application by the same court – Whether proper Limitation of Time – Applications – Fresh application for stay of execution after dismissal of a similar application by the same court – Applicability of the law of limitation to such subsequent application

Application of Rule 45(1) and (2) of the Court of Appeal Rules – Revisional jurisdiction of the Court of Appeal – Section 4 of the Appellate Jurisdiction (Amendment) Act Number 17 of 1993 – Objective behind the Act. II Court of Appeal Rules -Revisions — Revisional jurisdiction of the Court of Appeal – Section 4 of the Appellate Jurisdiction (Amendment) Act Number 17 of 1993 ~ Objective behind the Act

An application for review must follow Order XLII Rule 3’s prescribed form including a memorandum; non-compliance leads to striking out.Civil Procedure – Review – Order XLII Rule 3, Civil Procedure Code 1966 – mandatory form and memorandum for review – affidavit cannot substitute for memorandum – failure to comply warrants striking out application – preliminary objections: proper modes of raising

Arbitration -Reference to arbitration – Claim for money admitted but theparty admitting refuses to pay – Whether there is a dispute to refer to arbitration. Civil Practice andProcedure – Reference to arbitration -High Court dismisses suit and refers parties to arbitration without establishing that the party opting for arbitration is ready and willing to arbitrate – Whether proper — Section 6 ofthe Arbitration Ordinance, Cap 15

Appearance – Non-appearance by the Plaintiff – Suit dismissed for non-appearance of the plaintiff – Application to set aside the order of dismissal – Whether the Court should consider the merit of the suit dismissed Civil Practice and Procedure – Counter claim – Counter claim for damages granted ex-parte -without proof – Whether proper in law

Appeals – Appeals to the Court of Appeal – Appeals originating from primary courts-Need for Certificate that appeal involves a point of law – Time frame in which to apply for the certificate – Section 5 of the Appellate Jurisdiction Act 1979

applicant was a necessary party to proceedings challenging tax remissions for imported sugar and must be joined.

Civil procedure — Joinder of parties — Order 1 Rule 10(2) CPC — Whether party is necessary or proper for effective adjudication — Declaratory and injunctive relief affecting existing and future interests — Attorney General’s inability to represent private party’s commercial interests

Admissibility of documents — Public documents not tendered at trial — Untendered report from Ministry of Lands — Courts must base findings on admissible evidence (Evidence Act ss.59,86,87).

Appeals -Appealfrom the LART Tribunal to the Court of Appeal – Enabling and applicable legal provisions Statute – Interpretation ofstatutes – Meaning of “Registrar” – Whether the Registrar of the LART Tribunal is also “Registrar” under the Court of Appeal Rules – Rule 76 of the Tanzania Court ofAppeal Rules 1979 Constitutional Law – Right of appeal as a constitutional right – Appeal from the LART Tribunal to the Court ofAppeal – Relevant laws not providing for the procedure applicable in such appeals – Whether appellant may for a that reason be denied the right to appeal – Article 13(6)(a) of the Constitution, section 20(1) of the Loans and Advances Realization Trust Act 1991, section 4(1) of the Appellate Jurisdiction Act 1979, and rules 76(1) and 3(2)(a) of the Tanzania Court of Appeal Rules 1979 Civil Practice and Procedure – Appeals – Notice of Appeal – Notice of appeal and signature of the Registrar -Notice of appeal not signed by the Registrar – Validity and effect of such notice – Rule 76 of the Court of Appeal Rules 1979

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

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

appeal — notice of appeal — compliance with Rule 83(1) and (2) — written application for copy of proceedings and certificate of delay — time-barred appeals. Procedural practice — supplementary record — Rule 92(3) construed: “at any time” means before preliminary objection; post-objection filing requires leave Jurisdiction — no valid notice, no appeal

Advocates remuneration – taxation proceedings – jurisdiction to determine validity of remuneration agreement under order 5 (1) Advocates Remuneration order, 2015 enforceability of oral retainer versus requirement of written agreement under the Advocates Act burden of proof on party alleging agreement.

Appeals — Rule 88(1) (Court of Appeal Rules): subsequent notices deemed notices of address for service; mandatory procedural requirements; limits of overriding objective (s.4 AJA) and rule 111 amendments; incompetence and striking out appeal.

Appellate Review. Duty to address grounds of Appeal

Appellate court may decide Fever grounds where sufficient but must resolve maternal complaints that covered affect the outcome – Remmettal for fresh judgment were first appellate court failed to determine key grounds.

Application of the nineth Schedule (item 8)consultation fee subsumed instruction fee conversion of foreign currency to Tanzania shillings – exchange rate evidence must be pleaded – scope of order 48 CI/6rule) in taxation proceedings – Appellate interference witth taxing officer direction.`

ARREST- PERSONS ARRESTED MUST BE TAKEN WITHOUT DELAY- AN ACCUSED MAY BE HELD IN CUSTODY PENDING INVESTIGATION, FOR UP 24 HOURS, BUT NOT LONGER, WHERE THE OFFENCE APPEARS TO BE A SERIOUS NATURE- SECTION 25 AND SECTION 28 OF THE CR.PR. DDECREE

ARREST- ACCUSED ARRESTED BY SUPRISE-WHETHER ENTITLED TO RESIST ARREST

ARREST- ARREST WITHOUT WARRANT- AS GENERAL RULE Ä PERSON IS ENTITLED TO KNOW ON WHAT CHARGE OR SUSPICION OF WHAT CRIME HE IS ARRESTED”- EXCEPRTION TO THE GENERAL RULE

ARRESESTACCUSED WIFE, WHO HAD NOT TAKEN PART IN THE COOMMISSION OF OFFENCE, WAS ARRESTED AND DETAINED IN AN ATTEMPT TO COERCE THE HUSBAND INTO APPEARING SO THAT HE COULD BE ARRESTED-WHETHER THE WIFE’S ARREST WA LAWFUL:

ARREST-A PRIMARY COURT MAGISTRATE’S POWERS OF ORDERING ARREST- PRIMARY COURTS CR.PR

ARREST AND WARRANT OF ARREST- JUDICIAL OFFICERS POWER IN ORDERING ARREST- JUSTICE OF THE PEACE AS AJUDICIAL OFFICER- POWER WRONGLY EXECRISED -EFFECT THEREOF-

ARREST- A PRIVATE PERSON MAY BE ANY PERSON WHO IN HIS VIW COMMITS A COGNIZABLE OFFENCE OR WHOM HE REASONABLY SUSPECTS OF HAVING COMMITTED AS FELONY- SECTION 32 OF THE CR.PR

AMENDMENT OF DOCUMENTS

ANNEXURES ARE NOT EVIDENCE

A COURT RECORD IS A SERIOUS DOCUMENT

APPEAL AND REVISION

ADDITION OF A PARTY IN A SUIT

AMENDMENT OF PLEADINGS

AIM OF AMENDMENTS OF PLEADINGS

A STAY OF EXECUTION IS AN EXECEPTION TO LEGAL PROCESS OF EXECUTION OF A DECREE

AN AFFIDAVIT MUST BE COUNTERED BY AN AFFIDAVIT

APPLICATION FOR STAY OF EXECUTION-OVERTAKEN BY EVENTS-NO STAY ORDER AGAINST EXECUTED DECREE

A NOTICE OF INTENDED EXECUTION MAY TAKE DIFFERENT FORMS LIKE PUBLICATIO, ADVERTISEMEN, CONDUCT, A LETER, VERBAL

APPLICATION FOR RECTIFICATION OF TITLE BEFORE THE REGISTRAR OF TITLES AMOUNTS TO NOTICE OF INTENDED EXECUTION-EXECUTION WITHOUT INVLOVING THE COURTS

A SUIT CONSISTING WRONG PERSON OUGHT TO BE DISMISSED

A SUIT FOUND ON JUDGMENT MUST BE INTENDED EITHER TO ENFORCE THE JUDGT

AFFIDAVIT WITHOUT A PROPER VERIFICATION

AFFIDAVIT= AN APPLICATION FILED WITH INCURABLY DEFECTIVE AFFIDAVIT SHOULD BE STRUCK OUT

AFFIDAVIT=DEFECTIVE AFFIDAVIT

AFFIDAVIT=FAILURE BY COUNSEL TO ATTACH AN AFFIDAVIT OFTHE COURT CLERK IN HIS AFFIDAVIT AMOUNTS TO MERE ALLEGATIONS

AFFIDAVIT=JURAT AND PRAYERS IN THE AFFIDAVIT

AFFIDAVIT=WHAT CONSTITUTE LEGAL ARGUMENT

AGENCY AGREEMENT , AN INTERPRETER MUST SWEAR BEFORE PROCEEDINGS

ALLEGATION MUST BE SUPPORTED WITH EVIDENCE

AN APPEAL WHICH HAS NOT EXHAUSTED PROPER REMEDIES CAN NOT BE MAINTAINED

AN APPEAL WHICH IS FILED OUT OF TIME SHALL BE STRUCK OUT WITH COSTS

AN APPLICATION WHICH WAS INADVERTENTLY FILED TO THE COURT

APPEAL FILED OUT OF TIME

APPEAL INSTITUTED OUT OF TIME WITHOUT EXTENSION OF TIME CAN NOT STAND

APPEAL ORIGINATING FROM PRIMARY COURTS SHOULD BE GOVERNED BY THE MCA

APPEAL STRUCKED OUT FOR WANT OF PROPER DECREEE

APPEAL, EXPARTE JUDGMENT AND REVISION

APPEAL=WHERE AN APPLICATION FOR LEAVE TO APPEAL IS FRIVOLOUS AND ABUSE OF COURT PROCESS SHALL BE REFUSED

APPEAL=WHERE AN INTENDED APPEAL HAS NO CHANCE OF SUCCESS AN APPLICATION FOR LEAVE TO APPEAL MUST BE REJECTED

APPEAL=WHERE AN INTENDED APPEAL IS HOPELESS THE COURT WILL NOT HESITATE TO DIRECT

APPELLATE JURISDICTION SPRINGS FROM STATUTE, STATUTORY INTERPRETATION, MEMORANDUM AND PETITION OF APPEAL

APPLICATION =INADVERTANTLY APPLICATION

APPLICATION FOR STAY OF EXCUTION COURT MAY ORDER DEPOSIT OF SECURITY

APPLICATION FOR STAY OF EXCUTION

APPLICATION FOR ENLARGEMENT OF TIME

APPLICATION FOR EXTENSION OF TIME IS THE DISCRETION OF THE COURT UPON SUFFICIENT REASON

APPLICATION FOR EXTENSION OF TIME, DEEMED AGENT FOR PURPOSE OF SERVICE OF NOTICE

AN ORDER DISMISSING THE SUIT FOR BEING FILED OUT OF TIME

APPEAL RREQUIRING LEAVE

A POINT NOT RAISED IN THE HIGH COURT CANNOT BE RAISED AT THE CAT IN THE SECOND BITE APPLICATION

ACCOMPANYING DOCUMENTS ON THE SECOND BITE APPLICATION FOR LEAVE TO APPEAL

APPLICATION OF THE PRINCIPLE OF OVERRRIDING OBJECTIVE

AN EXPARTEE JUDGEMENT IS APPLEABLE

A CLAIM WHICH WAS NOT CHALLENGED IN ANY WAY THERE IS NO DUTY TO PROVE ANYTHING MORE BUT FOR GENERAL DAMAGES AND INTERESTS CLAIMED MUST BE PROVED

A FANCIFUL APPLICATION OUGHT TO BE STRUCK OUT

A Claim of Loss of Profit Falls Within a Specific Claim Requiring Strict Proof, Every Suit Shall Include the Whole of the Claim,

A COURT MAY BASE ITS DECISON ON AN UNPLEADED ISSUE IF IT LEFT TO THE COURT FOR DECISION

A Court of Law Cannot Enforce a Dubious Business Deal

A Defective Verification Clause is Curable, Revision is Not Alternative to Appeal, Tests to Consider for the Court to Exercise Revisionary Powers

A DEFECTIVE VERIFICATION CLAUSE IS CURABLE

A JUDGE OR MAGISTRATE CANNOT SET ASIDE THE DECISION OF HIS FELLOW

A Judge or Magistrate Should Refrain from Setting Aside the Decision of a Fellow Judge or Magistrate, When a Court is Said to Be Functus Officio,

A Justice of Appeal Cannot Sit in a Judgment for Which He Had Adjudicated, Trespasser Cannot Claim for Unlawful Eviction,

A MATTER WHICH IS HELD TO BE TIME BARRED CANNOT BE REVIVED

A Party Cannot Be Blamed for an Advice Made by A Lawyer, Delay of 10 Days is Not Inordinate

A PARTY SHOULD NOT BE PUNISHED A MISTAKE DONE BY THE COURT ITSELF

A Party Should Not Be Punished for Negligence of His Advocate, Principles Governing Reference,

A Period of Time Within Which an Application for Stay of Execution Can Be Made, Stay of Execution Must be Filed within 14 Days

A Person Buying Property from the Administrator Before the Revocation of His Appointment, is a Bona Fide Purchaser, Revoked Administrator

A PERSON WHO WAS NOT INVLOVED IN ORIGINAL PROCEEDINGS HAS CAPACITRY TO BRING APPEAL

A PLEADING CAN BE AMENDED AT ANY STAGE OF THE PROCEEDINGS ONLY TO THE EXTENT ALLOWED BY THE COURTT

A Second Bite Application for Extension of Time Has to Be Filed Within 14 Days, A Point of Law Can Be Raised at Any Stage,

A Second Bite Application for Leave to Appeal Must Be Filed within 14 Days,

A SECOND BITE IS NOT AN APPEAL OR REVISION, IT IS COMPLETELY A NEW BATTLE

A SPECIFIED PUBLIC CORPORATION HAS LOCUS STANDI TO SUE IN ITS OWN NAME

A STAY ORDER HAS AN EFFECT OF SUSPENDING EXECUTION OF DECREE

A Stay to Execute a Decree or Order Can Only Be Made in Respect of an Executable Decree, an Order Dismissing the Suit is Not Executable,

A VISIT OF THE LOCUS IN QUO

Absence of a Letter from the Registrar in the Record of Appeal, Effect of Informal Collection of Documents for Appeal Purposes

ACCOMPANYING DOCUMEMBTS IN AN APPLICATION FOR LEAVE TO APPEAL

Accompanying Documents in an Application for Leave to Appeal, A Ruling and an Order Are Two Different Documents

ACCOMPANYING DOCUMENTS IN AN APPLICATION FOR LEAVE TO APPEAL

Account for Each Day of Delay Even If There is Illegality, Illegality by Itself is Sufficient, No Omnibus Application, Factors for Extension of Time,

Account for Each Day of Delay, Extension of Time Upon Good Cause Being Shown,

Account for Each Day of Delay, Illegality as a Ground for Extension of Time, Revision Initiated by a Party

Account for Each Day of Delay, Illegality as Ground for Extension of Time, Affidavit from Another Person, Technical Delay,

Account for Each Day of Delay

Additional List of Documents

Admission of a Document Without Objection is Not Conclusive Proof of Its Contents, The Award of Interests, Sanctity of Contract

ADMISSION OF PROOF BY THE HIGH COURT AND DISTRICT COURT IN EXERCISE OF THEIR RESPECTIVE APPELLATE JURISDICTIONS

Adverse Inference Applies in Criminal Cases, Trespass to Land, Non-Joinder of Parties, A Party Suing Has the Right to Choose Who to Sue, Res Judicata

Advocate Duty to the Court, Reminder to the Legal Fraternity, Importance of Knowing Procedural Law, Failure to File Affidavit to Cover All Applicants,

ADVOCATE-USING A GUN TO A KNIFE FIGHT

AFFIDAVIT CONTAINS DEFECTIVE VERIFICATION CALUSE-EFFECT

AFFIDAVIT NOT SHOWING IN THE JURAT OF ATTESTATION AT WHAT PLACE OF THE AFFIDAVIT WAS TAKEN, SUCH AFFIDAVIT IS DEFECTIVE

AFFIDAVITS, SUPPLEMENTARY AFFIDAVIT, CONDITIONS FOR FILING SUPPLIMENTARY AFFIDAVIT

Allegation of Fraud in Civil Must Be Specifically Pleaded and Proved, Failure to Frame Issues is Fatal If It Leads to Miscarriage of Justice,

Allegation of Fraud in Civil, Failure to Mention Names of the Parties, Delay to Pay Levy, One Name of the Seller, Mediation Without the Administrator

ALTHOUGH THE APPELLATE COURT IS NOT OBLIGED TO CONSIDER ALL GROUNDS OF APPEAL, IT IS SUPPOSED TO RESOLVE ALL COMPLAINTS RAISED IN THE APPEAL

AMENDEMENT OF DOCUMENTS-THE APPELLATE COURT CANNOT GRANT LEAVE TO AMEND DOCUMENTS IN ORDER TO IMPLEAD A NEW PARTY

AMENDEMENT OF PLEADINGS

AMENDEMNT OF PLAINT, WHEN SUCH APPLICATION MAY BE MADE

AMENDENTMENT OF THE LETTER APPLYING FOR REFERENCE

Amendment of Pleadings and Joinder of Parties Cannot be Made Without Leave of the Court, Failure to Conduct Final PTC is Fatal,

AN ANNEXTURE TO PLAINT OR WRITTEN STATEMENT OF DEFENCE IS NOT EVIDENCE THAT CAN BE RELIED UPON

An Annexure to A Plaint or WSD Is Not Evidence That Can Be Relied Upon, He Who Alleges Must Prove,

AN APPEAL AND REVISION ARE TWO DISTINCT CAUSES WITH DIFFERENT OUTCOMES

AN APPEAL CANNOT BE JOINED WITH AN APPLICATION FOR REVISION

AN APPEAL WHICH IS TIME BARRED SHALL BE STRUCT OUT AND NOT DISMISSED

AN APPLICATION FOR LIFTING GARNISHEE ORDER NISI CAN BE ENTERTAINED AND GRANTED WHILE A NOTICE OF APPEAL HAS BEEN FILED AT THE COURT OF APPEAL

AN APPLICATION NOT DETERMINED ON MERIT, SHOULD BE STRUCT OUT AND NOT BE DISMISSED

AN EXIHIBIT WHICH IS NOT PLEADED CANNOT BE RELIED UPON

AN INTERPLEADER SUIT-S.63 AND ORDER XXXIII OF THE CPC

An Invitee Cannot Own Land to Which He Was Invited, The Law On Abandonment of Village Land, Time Limit in Land Matters is 12 Years,

AN ORDER DISMISSING THE SUIT FOR BEING FILED BEYOND THE PRESCRIBED TIME AMOUNTS TO A DECREE

An Order for Amendment of Pleadings Should Not Be General, The Law On Amendment of Pleadings, No New Facts in Amended Plaint,

An Order for Arrest and Detention That is Made in Execution of a Decree is Appealable with Leave, No Revision Where a Party Has Right to Appeal,

An Order for Stay of Execution Can Only Be Made in Respect of an Executable Decree or Order,

An Order of the High Court Refusing to Set Aside the Dismissal Order and an Ex Parte Order is Appealable with Leave, Appeals in Land Matters,

An Order of the High Court Striking Out or Dismissing a Suit on Account of Expiry of the Speed Track is Appealable or Amenable to Revision,

ANNEXURES ATTACHED TO WRITTEN SUBMISSION, WHETHER DOCUMENTS CONSTITUTING EVIDENCE OF FACTS MAY BE ATTACHED TO WRITTEN SUBMISSION

ANY REFERENCE CONCERNING A SUMMARY DISMISSAL UNDER THE REPEALED LAWS (LABOUR) SHOULD BE DEALT WITH AS IF THE SAME HAD NOT BEEN REPEALED

APPEAL AGAINST AN ORDER ALLOWING OBJECTION TO ATTACHMENT PROCEEDINGS

APPEAL AGAINST ANA ORDER ALLOWING OBJECTION TO ATTACHEMENT

APPEAL FROM DECISION OF THE REGISTRAR TO THE HIGH COURT, ORDER XXXIX RULE 1(1) OF THE CIVIL PROCEDURE CODE

Appeal from Orders, Memorandum of Appeal accompanied by decree not an order, whether appeal is properly before the court

APPEAL FROM RULING OF THE HIGH COURT, WHETHER A RULING OF THE HIGH COURT REJECTING AN APPLICATION FOR REVIEW CAN BE APPEALED AGAINST, SECTION 5(1)(c) OF THE AJA AND RULE 7(1) OF THE CIV

Appeal Instead of Review, Review Has a Narrow Scope, Revision Against the Ruling Refusing to Grant Review,

Appeal Must Be Filed Within 60 Days After Being Notified by The Registrar That the Requested Documents Are Ready for Collection,

APPEAL RO THE COURT OF APPEAL ON THE LAND MATTERS ORIGINATING FROM THE WARD TRIBUNAL REQUIRE A CERTIFICATE ON A POINT OF LAW

APPEAL TO THE COURT OF APPEAL RESPONDENT NOT SERVED WITH COPIES OF THE MEMORANDUM AND RECORD OF APEAL, WHETHER APPEAL IS COMPETENT

APPEAL TO THE COURT OF APPEAL, APPEAL LODGED OUT OF TIME, WHETHER THE COURT OF APPEAL MAY INVOKE THE PROVSION OF THE RULE 3 AND PROCEED TO ENTERTAIN AN APPEAL LODGED OUT OF TIME, RULE 3

APPEAL TO THE COURT OF APPEAL, APPEAL LODGED OUT OF TIME, WHTHER THE COURT OF APPEAL MAY INVOKE THE PROVSION OF

APPEAL TO THE HIGH COURT ACCOMPANYING BY INVALID DECREE

APPEAL TO THE HIGH COURT FROM PROCEEDINGS BEFORE THE REGISTRAR ON TRADEMARK PROCEEDINGS, LAW APPLICABLE SECTION 116 OF TRADE MARK

APPEALS AGAINST INTERCUTORY ORDERS, NO APPEALS AGAINST INTERCUTORY ORDERS WHERE THE ORDER DOES NOT FINALLY DETERMINE THE SUIT SECTION 5(2)(d) of the AJA

Appeals Against Interlocutory Decisions, The Judgment On Admission is an Interlocutory Decision Hence Not Appealable

Appeals Against the Decisions of the Industrial Division of the High Court of Zanzibar, Omission to Include a Document in a Record of Appeal,

Appeals from Interlocutory Decisions,

APPEALS IN ELECTION PETITION, APPEAL AGAINST INTERLOCUTORY ORDERS IN AN ELECTION PETITION

APPEALS REQUIRING LEAVE

APPEALS TO DISTRICT COURT ON POINTS OF LAW ONLY FINAL

APPEALS TO THE COURT OF APPEAL CASE ORIGINATING FROM PRIMARY COURT, A CERTIFICATE ON A POINT OF LAW OBTAINED, WHETHER LEAVE TO APPEAL IS NECESSARY

APPEALS TO THE COURT OF APPEAL FROM DISTRICT COURTS IN ZANZIBAR, WHETHER POINT OF LAW SHOULD BE CERTFIED FOR DETERMINATION BY THE COURT OF APPEAL

Appeals to The Court of Appeal, Within 60 Days,

Appeals to the Court of Appeal, Within 60 Days,

APPEARANCE IN COURT ON THE DATE FIXED

APPELAED CALLED UP FOR HEARING AFTER PARLIAMENT DISSOLVED, WHETHER THE COURT HAS JURISDICTION TO HEAR THE APPEAL

Appellant Duty to Follow Up Documents from The Registrar for Appeal Purposes, Affidavit from Another Person

Appellant Duty to Follow Up Documents from The Registrar for Appeal Purposes, Application to Strike Out the Notice of Appeal

Appellant Duty to Follow Up Documents from The Registrar for Appeal Purposes, Powers to Strike Out a Notice of Appeal

APPERANCE AND PARTICIPATION OF ANY PARTIES IN SUO MOTU REVISIONAL PROCEEDINGS

Applicability of Section 21 of the Law of Limitation Act, Action Begins to Run When One Becomes Aware of the Act Which is Complained of,

Applicability of Section 21 of the LLA, Automatic Exclusion of Time Spent in Prosecuting Other Proceedings in Computing Time Limitation

Applicability of Section 21 of the LLA, Automatic Exclusion of Time Spent in Prosecuting Proceedings, The Award of Interests, Sanctity of Contract

APPLICANT SEEKING EXTENSION OF TIME TO FILE NOTICE OF APPEAL AFTER PREVIOUS NOTICE IS STRUCT OUT FOR FAILURE TO SERVE IT ON THE RESPONDENT

APPLICANTS NOT CITED AS THE RESPONDENTS IN AN APPEAL BEFORE THE FIRST RESPONDENT BUT WRE ADVERESLY AFFECTED BY THE DECISION IN THE APPEAL-WHETHER THEY HAD A RIGHT TO BE HEARD IN THE APP

Application by the Legal Representative to Be Made a Party in an Application, Once a PO is Determined, It Cannot Be Re-Opened,

APPLICATION FOR EXECUTION OF DECREE MADE TO A MAGISTRATE OTHER THEN THE ONE WHO PASSED THE DECREE, WHETHER THE OTHERMAGISTRATE MAY HEAR AND DETERMINE APPLICATION

APPLICATION FOR EXTENSION OF ME TO FILE WRITTEN STATEMENT OF DEFENCE

APPLICATION FOR EXTENSION OF TIME REVIEW FROM THE JUDGEMENT OF THE COURT OF APPEAL

Application for Extension of Time to Apply for Leave to Appeal Second Bite Must be Made within 14 Days

APPLICATION FOR EXTENSION OF TIME TO FILE WRITTEN STATEMENT OF DFENCE NOT MADE BEFORE THE EXPIRY OF THE PERIO PRESCRIBED FOR LODGING WRITTEN STATEMENT OF DEFENCE

APPLICATION FOR EXTENSION OF TIME

APPLICATION FOR INJUNCTIONS, PRAYER FOR DISPENSATION OF NOTICE TO THE OTHER PARTIES, CONSIDERATIONS THAT THE COURT MUST TAKE INTO ACCOUNT BEFORE GRANTING APPLICATION FOR DISPENSATION

Application for Leave to Amend the Memorandum of Appeal So as to Add Additional Grounds of Appeal, CJ to Constitute a Full Bench,

APPLICATION FOR LEAVE TO AMEND THE MEMORANDUM OF APPEAL SO AS TO ADD GROUNDS OF APPEAL

APPLICATION FOR LEAVE TO APPEAL (SECOND BITE) FROM THE DECISION OF THE HIGH COURT OF TANZANIA AT MBEYA

Application for Leave to Appeal Must First Be Made in The High Court and Determined On Merits to Warrant the Secod Bite in The Court of Appeal

APPLICATION FOR LEAVE TO APPEAL TO THE COURT OF APPEAL, WHETHER HIGH COURT AND COURT OF APPEAL HAVE CONCURRENT JURISDICTION

APPLICATION FOR LEAVE TO APPEAL, WHETHER COPY OF THE DECISION AND ORDER OF THE HIGH COURT SHOULD BE ATTACHED TO THE APPLICATION, COURT PRACTICE IN ZANZIBAR

APPLICATION FOR LEAVE TO APPEAR AND DEFEND

APPLICATION FOR LEAVE TO INTRODUCE ADDITIONAL GROUNDS OF APPEAL-PARTIES ARE DIRECTED TO APPLY FOR SUCH LEAVE ORALLY

Application for Leave to Join Suo Motu Revisional Proceedings is Not Time-Bound as it is the Discretion of the Court Whether to Join a Party or Not

APPLICATION FOR LEAVE TO WITHDRAWAL SUIT WITH LEAVE TO REFILE FRESH SUIT IN RESPECT OF THE ABANDONED SUIT

APPLICATION FOR REFERENCE FROM THE DECISION OF A SINGLE JUSTICE

APPLICATION FOR REFERENCE

Application for Restoration of the Dismissed Application, PRIDE COM v. STANBIC BANK

APPLICATION FOR REVIEW

APPLICATION FOR REVISION BROUGHT UNDER SECTION 79 (1) OF CIVIL PROCEDURE CODE, WHETHER IS COMPETENT

APPLICATION FOR REVISION MUST BE LODGED WITHIN SIXTY DAYS FROM THE DATE OF DECISION SOUGHT TO BE REVISED

APPLICATION FOR REVISION SEEKING AN ORDER TO TRANSFER THE CASE TO ANOTHER JUDGE ON ACCOUNT OF BIAS, FIRST TRIAL JUDGE NEVER REFUSED TO DISQUALIFY HIMSELF, WHETHER APPLICATION PROPER

APPLICATION FOR REVISION, CIRCUMSTANCES UNDER WHICH SUCH APPLICATION MAY BE GRANTED

Application for Stay of Execution Must Be Filed Within 14 Days,

APPLICATION FOR STAY OF EXECUTION PENDING APPEAL, IMMEDIATE EXECUTION WILL DISPOSES APPLICANT OF LAND SHA HAS BEEN OCCPAYING FOR A LONG TIME

APPLICATION FOR STAY OF EXECUTION SOUGHT WHERE THERE IS NO COURT ORDER GRANTING TO THE RESPONDENT ANY RIGHT TO EXECUTE OR TO DO ANYTHING AFFECTING THE RIGHTS OR INTRESTS OF THE APPLICAN

APPLICATION FOR STAY OF EXECUTION, WHETHER LEAVE TO APPEAL IS A PRE REQUISITE

APPLICATION FOR TEMPORARY INJUNCTION, APPLICATION BROUGHT UNDER THE PROVISIONS OF ORDER XXXVII RULE 1 AND 3 AND SECTION 95 OF CPC WHETHER THE APPLICATION WAS PROPERLY FILED

APPLICATION FOR TEMPORARY INJUNCTION, ORDER

APPLICATION FOR TEMPORARY INUNCTION BROUGHT UNDER THE PROVISION OF ORDER XXXVII rule 1 and 3 and section95 of the civil Procedure Code, WHETHER THE APPLICATION WAS PROPERLY FILED

Application Should be Made in the High Court First, then in the Court of Appeal as a Second Bite,

APPLICATION SUPPORTED BY A DEFECTIVE AFFIDAVIT, WHETHER APPLICATION IS COMPETENT

Application to Pre empty PO not permisible

APPLICATION TO SET ASIDE ORDER FOR EX-PARTE PROOF

Application to Strike Out a Notice of Appeal for Failure to Collect Documents for Appeal Purposes,

Application to Strike Out a Notice of Appeal, A Second Bite Application,

Application to Strike Out a Notice of Appeal,

Application to Strike Out a Notice of Appeal

Application to Strike Out Notice of Appeal,

APPLICATION TO STRIKE OUT NOTICE OF APPEAL, LETTER TO THE REGISTRAR APPLYING FOR A COPY OF RECORD OF PROCEEDINGS FOR APPEAL PURPOSES NOT SERVED ON THE RESPONDENT, EFFECT THEREOF

Application to Strike Out the Notice of Appeal for Failure to Take Essential Step to Institute the Intended Appeal

Application to Strike Out the Notice of Appeal,

Application to Strike Out the Notice of Appeal

APPLICATION TO THE COURT OF APPEAL FOR STAY OF EXECUTION OF A HIGH COURT DECISOON WHERE NO NOTICE TO APPEAL AGAINST IT IS LODGED, WHETHER IS COMPETENT

Applications for injuctive reliefs are more appropriately suited for the court excercising o

APPLICATIONS, FRESH APPLICATION FOR STAY OF EXECUTION AFTER DISMISSAL OF A SIMILAR APPLICATION BY THE SAME COURT, WHETHER PROPER

Arbitration proceedings, statutory provisions prescribing special conditions to be observed in instituting legal proceedings against defendant – Copy

ARBITRATOR ‘S AWARD, AMOUNT AWARDED BY ARBITRATOR NEGOTIATED DOWNWARDS BY DECREE HOLDER’S ADVOCATES, WHETHER PROPER

ASESSORS, SUBSTITUTION OF ASSESSOR AFTER TRIAL HAS COMMENCED, EFFECT THEREOF, SECTION 7 OF THE MCA

Assessors Are Not Allowed to Cross Examine Witnesses but They Can Put Questions After Re-Examination and Not Before, Improper Summing

Assessors in The District Land and Housing Tribunal

Attoney General cannot be joined in a suit (Misc) if he was not party in main or former suit_S.6(3)

Automatic Exclusion of Time Requisite for Obtaining a Copy of Judgement and Decree, Memorandum of Appeal to Be Accompanied with Judgment

Automatic Exclusion of Time Requisite for Obtaining Copies, Appeals from the District Court to the High Court, Within 90 Days, Computation of Time,

Automatic Exclusion of Time Requisite for Obtaining Documents, Computation of Time Starts After Receiving All the Documents,

Automatic Exclusion of Time Spent in Obtaining Documents, Procedure of Collecting Documents in the High Court, Overriding Objective Principle,

AWARD COSTS OF A SUIT WHERE NO PRAYER FOR COSTS IS MADE IN THE PLAINT

AWARD OF INTREST AT COMMERCIAL AND COURT RATES, WHEN SUCH INTREST RATES MAY BE AWARDED

A CAUSE OF ACTION CAN BE DISCERNED FROM THE PLEADINGS

AMENDMENT OF DOCUMENTS-CORRECTION OF THE DATE OF THE NOTICE OF APPEAL

APPERANCE BEFORE THE COURT OF APPEAL

A COUNTER CLAIM

AMENDED PLAINT/WSD

bank guarantee as security for stay of execution — wrong/non‑citation of statutory provisions curable — description of decretal head not fatal if amount appears in decree — executing court may call guarantee; jurisdiction to determine guarantee conditions in execution, not by preliminary objection.

breach for delayed and unsuccessful repairs; damages – necessity of pleading and proof for special damages; remoteness; companies cannot recover mental anguish/emotional distress; specific performance requires evidential basis

BALANCE OF CONVENIENCE, GUIDING PRINCIPLES

BASIS OF JUDGEMENT, WHETHER EXTRANEOUS INFORMATION MAY BE ACTED UPON

BASIS UPON WHICH THE COURT COULD BE MOVED TO INVOKE ITS REVISIONAL JURISDICTION

BILL OF COSTS OR TAXATION AFTER NOTICE OR APPEAL IS FILED

BILL OF COSTS, WHETHER OR NOT AN ADVOCATE HAS BEEN INTRUCTED TO BE DETERMINED DURING TAXATION

BILL OF COSTS

Bill of Costs-Need to attach a copy of the ruling –

BUILDING CONTRACT, CLAIM FOR COMPENSATION FOR DEVALUATION

Conviction quashed where expunged recovery evidence, unreliable identification, and incomplete chain of custody made the case unsafe. expunged testimony — inadmissibility and broken chain of custody; Identification — dock identification versus identification parade; Hearsay — inadmissibility of secondary statements; Burden of proof — beyond reasonable doubt; Appellate review — re-evaluation of evidence.

Conviction for receiving stolen property upheld based on recent possession and a voluntary oral confession despite alleged intoxication. receiving stolen property – doctrine of recent possession – requirements for application; oral confession – voluntariness and admissibility despite alleged intoxication. corroboration of co-accused statements; seizure and GPS evidence; standard of proof beyond reasonable doubt

Court exercised sentencing discretion in high‑level manslaughter, reducing term for late guilty plea and other mitigations. Manslaughter – Sentencing discretion where statute prescribes life as maximum – Classification as high‑level manslaughter – Sentencing Guidelines 2023 – Credit for guilty plea timing, remand time and unproven medical mitigation – Aggravating factor: use of a dangerous weapon and flight.

Convictions for rape of three children quashed for prosecution’s failure to prove charges beyond reasonable doubt. – proof of penetration, age and identity – Evidence – PF3 limitations and inadmissibility of evidence beyond PF3 – Credibility of child witnesses – Adverse inference for prosecution failure to call key witness (social welfare officer) – Appellate review of trial court credibility findings.

Conviction quashed where trial court recorded an equivocal plea; matter remitted for a fresh plea. Plea of guilty — Equivocal/improperly recorded plea — Sanctity of court record — Appealability of plea — Quashing conviction and remitting for fresh plea; procedure per Adan v Republic.

Criminal law – Murder: elements of murder; causation and intention; burden beyond reasonable doubt; identification and corroboration of interested witnesses; evidential sufficiency—failure to produce weapon and crime-scene particulars; alternative cause (fall) and reasonable doubt

Conviction for armed robbery upheld: identification, recent possession, witness omissions and ownership proved beyond reasonable doubt. Armed robbery – Visual identification (recognition) with adequate lighting and prior acquaintance; doctrine of recent possession; omission of cumulative witnesses not fatal; ownership provable by oral evidence; defence duly considered; proof beyond reasonable doubt.

Conviction for theft quashed where prosecution failed to prove dishonest taking and omitted a material witness; jurisdiction challenge dismissed. Theft – Elements and burden of proof – Dishonest taking and conversion – Material witness omission and adverse inference – Failure to prove theft beyond reasonable doubt – Jurisdiction under Section 4(3) CPA does not bar criminal prosecution of theft

Conviction quashed where prosecution failed to prove the date of the alleged unnatural offence beyond reasonable doubt. proof beyond reasonable doubt – requirement to prove date in charge sheet; identification by recognition irregular arrest and failure to inform; right to cross‑examine; reassignment of magistrate

conviction upheld based on admissible caution statement, corroborating evidence, and reliable nighttime identification. Burglary – proof beyond reasonable doubt; Visual identification – caution in night identifications but acceptable where lighting and corroboration exist; Caution statements – admissibility and weight where unobjected and corroborated; Legality of arrest – no prejudice shown; Trial evaluation – sufficiency of analysis of evidence

consent to prosecute — jurisdictional competence — invalid consent renders trial a nullity; chain of custody and unlawful search; retrial not ordered where prosecution evidence and procedure are defective.

Charge particulars – Variance between charged place and evidence – Requirement to amend charge under s.234(1)/s.251(1) CPA – Failure to amend renders charge unproven and conviction unsustainable; Human DNA evidence – admissibility concerns where sampling/chain‑of‑custody and statutory procedures not shown.

Cautioned statement – Recording procedure under sections 58 and 59 Criminal Procedure Act – Distinct mandatory modalities for police-recorded and suspect-written statements – Verification and certification requirements – Handwriting and format discrepancies – Expungement of unsafe confession – Lack of corroborative evidence – Conviction quashed

Committal proceedings — Requirement under section 263 CPA to read and explain information, witness statements and documents to the accused — Necessity to address accused under section 263(3) — Mere listing of witnesses/exhibits insufficient — Non‑compliance renders committal order and subsequent trial proceedings invalid — Remedy: nullification, quash conviction, remit for fresh committal.

cautioned statements — form under section 58(4) CPA; statutory time limit for statements — section 50/51 CPA; premature disclosure of statements before admissibility — Robinson Mwanjisi principle; oral confessions to civilians — admissibility and sufficiency; appellate re‑evaluation of evidence.

Circumstantial evidence — Tests for cogency and chain of inference; Identification — recognition by a familiar witness; Last-seen principle; Admissibility and corroborative value of cautioned/confessional statements; Recovery of exhibits as corroboration (phone and weapon); Defence of general denial.

Criminal Procedure Act ss 216–220 – insanity defence and procedure; admission of mental hospital report; right to adduce evidence and address medical report; requirement for special finding on insanity; procedural irregularity vitiating trial; revision under AJA s 6(2)

Criminal procedure – Transfer of proceedings – Unauthorized magistrate presiding – Proceedings and judgment nullified; Confessional statements – challenged on torture and procedural defects; Retrial ordered; Accused remanded pending retrial.

24 February 2026

committal requirement (s.163(2) CPA) — failure to read and explain exhibits — exclusion of real evidence; Extrajudicial/cautioned statements — compliance with Chief Justice Guidelines and admissibility — justice of the peace identification, presence/absence of police, bodily inspection, recording delay; Doctrine of recent possession — reliance defeated when underlying exhibits are inadmissible; Proof beyond reasonable doubt — conviction quashed where core evidence expunged

Child witness competency and promise to tell the truth (Evidence Act s135) — Admission of documentary exhibits — Proof of penetration (section 130(4)(a)) and age — Medical corroboration — Alibi as afterthought — Incest provision inapplicable

consent and certificate conferring jurisdiction — mandatory citation of specific statutory provisions creating charged offences — omission renders consent/certificate invalid and trial a nullity — retrial remitted to High Court — substituted service and hearing in absence.

Criminal procedure – admissibility of cautioned statements – failure to read or ascertain correctness and incorrect statutory certification – expungement; Evidence – PF3 and medical witness – non-compliance with section 257(3) CPA renders testimony/document inadmissible; Evidence – eyewitness testimony – credibility and sufficiency to establish penetration; Statutory rape – prosecution must prove victim's age as essential ingredient; Appellate review – second appellate court will not entertain new grounds of fact

Criminal law — Plea of guilty — Unequivocal plea — No requirement for further proof (including age) where plea is unequivocal; signature of admitted facts unnecessary where plea under s.245(2) CPA; appellate review confined to matters raised and decided below

. Criminal law — Identification by recognition — Night‑time identification — Failure to state source of light or other aids — Misapprehension of evidence — Proof beyond reasonable doubt — Conviction quashed

committal proceedings — non-compliance with s.246(3) & (4) CPA (now s.263) — accused must be addressed in statutory words and cautioned about promises/threats — responses must be recorded — failure vitiates committal and trial — conviction and sentence quashed; matter remitted for fresh committal

Cautioned statements – statutory time limits under section 51 CPA; Retracted/confessional statements – admissibility and weight; objections to admissibility must be raised at trial; circumstantial evidence and corroboration of confessions.

Consent to prosecute — DPP’s consent non‑delegable — Consent signed by Regional Prosecutions Officer invalid — Trial court lacked jurisdiction — Proceedings nullity — Conviction quashed; sentence set aside — No retrial ordered.

conviction in absence – duty to enquire into cause of absence and probable defence under s.243(2) CPA – right to be heard – procedural irregularity vitiating conviction – AJA s.6(2) nullification and remit.

11 March 2026

Cautioned statement — Certification under CPA and PGO; admissibility vs probative value — Material contradictions (place/time) — Recording outside statutory period — Expunging unsafe statements — Failure to tender listed exhibits not automatically fatal — Common intention evidence undermined by discharged co-accused — Burden to prove guilt beyond reasonable doubt.

Court records and enforces parties’ settlement as a consent judgment: appellant pays TZS 13,200,000/=; no further claims; costs borne individually. Consent judgment – Settlement recorded and incorporated into court decree – Payment of agreed sum in lieu of lower court decretal amounts – No further claims – Each party bears own costs.

Court granted extension to appeal, finding incarceration and delayed access to judgment justified enlargement of time. enlargement of time to appeal – section 382(2) – “good cause” – delay in obtaining judgment copies – internet/information system faults – incarcerated applicant – judicial discretion to grant extension despite lack of documentary proof. Wrong citation of enabling provisions in primary-court appeals is non-fatal; extension of time granted to apply to set aside dismissal. Wrong citation of enabling provisions in primary-court appeals is non-fatal; extension of time granted to apply to set aside dismissal. Extension of time – appeals from primary courts – wrong citation of Civil Procedure Code and Limitation Act non-fatal where court has jurisdiction – applicant must account for delay and show diligence – re-admission premature until dismissal set aside.

Court increased taxed instruction fee for a defended, complex trial, holding TZS 1,000,000 is a minimum not a cap; bill set at TZS 20,180,000. review of taxation of costs; Advocate’s Remuneration Order (Eleventh Schedule item 1(k)) – interpretation of instruction fees; discretion of taxing officer – interference only for error of principle or manifestly unreasonable awards; incidental costs and stationery encompassed by instruction fees.

Court granted seven-day extension to file notice of appeal due to technical delay despite incomplete accounting for intervening delay. Extension of time – Section 11(1) AJA – Technical delay vs. actual delay – Requirement to account for every day of delay – Financial constraint generally insufficient – Appeal competence and anomalies in record. Applicant failed to show sufficient cause for an extension of time to appeal under section 44(2) LDCA. Extension of time under s.44(2) LDCA; sufficiency of cause; need to account for each day of delay; inadequacy of bald/unspecific affidavit; technical name defect not automatically

Court recorded parties’ deed of settlement as consent judgment declaring plaintiff sole owner and each party to bear own costs. Consent judgment – Land dispute settled by Deed of Settlement recorded as consent decree; declaration of ownership by agreement; enforceability and execution of settlement terms; costs each party bears own.

Court granted extension to file appeal after finding applicants accounted for delay and showed sufficient cause.

Court granted Mareva‑style injunction to preserve applicant’s home pending suit after statutory 90‑day notice and alleged forgery threatened eviction.

Court granted a 14-day extension to file a notice of appeal due to applicant’s illness and procedural delays.

Committal of judgment debtor — Arrest and detention as civil prisoner — Order XXI r.41(2) CPC — Grounds required: concealment/removal, bad faith, undue preference, refusal to pay despite means, likelihood of absconding — Single failed auction insufficient — Disallowance under r.41(1).

computation of 14 days after Final Pre-trial Conference — conflicting Court of Appeal authorities — subordinate court’s choice of authority; Electronic Filing Rules (Reg.21) — deemed filing date upon electronic submission and timely payment; requirement to identify/own witness statement before adoption as evidence in chief; striking out late witness statement and dismissal for want of prosecution.

Consent judgment – recording and adoption of deed of settlement – Order XXIII Rule 3 Civil Procedure Code – instalment payment schedule – default remedy without further notice – mutual release and costs each party to bear.

Competence of appeal – Notice of appeal vs memorandum and record of appeal inconsistency – Appeal documents referring to an already-quashed decision – Overriding Objective Principle (Oxygen Principle) – Rule 111 amendment – Preliminary objection – Striking out incompetent appeal.

Commercial Court procedure — rule 49(2) — computation of time — Interpretation of Laws Act s.61(1)(b) — ‘day of’ vs ‘from which’ — exclusion of pre‑trial conference day; successor judge’s duty to record reasons under Order XVIII; striking out witness statement; dismissal for want of prosecution.

Computation of time for appeals to the High Court in matters originating in Primary Courts – Running of time – Whether time begins to run from the date of the decision or from the date of getting a certified copy of the decision. Limitation of time-Limitation of time for appeals to the High Court in matters originating in Primary Couirts-Law applicable-Whether section 25(I) and (3) of the magistrates’ Courts Act 1984 or sections 2. 19(2), 43(f) and 46 of the Law of Limitation Act 1971 are applicable Civil Practice and Procedure – Appeals – Appeals to the High Court in matters originating in Primary Courts – Computation of time – Law applicable

Contempt of court. Disobedience of injuction/ maintenance …………..committal proceedings – service through agents/substancial service – custodenal sentence as remedy to vindicate rule of law.

CIRCUMSTANCES TO INTERFERE WITH THE EXERCISE OF DISCRETION

CERTIFICATE OF DELAY (CAT RULES)

CASE INSTITUTED BY NUMEROUS PLANTIFFS, WHETHER ONLY A FEW OF THEM MAY TESTIFY ON BEHALF OF THE O F OTHERS

CERTICICATE OF DELAY INCORRECTLY, IMPROPERLY AND ERRONEOUSLY CERTIFIED EFFECT

CERTIFICATE ISSUED BY THE REGISTRAR, PRESUMPTION THAT CERTIFICATE IS RIGHT AND REGULAR SECTION 122 OF THE EVIDENCE ACT

Certificate of Delay Having Been Declared to be Invalid, It Has No Legal Effect, Inclusion of the Invalid Certificate of Delay in Supplementary Record, AGGREKO

Compliance with court orders – hearing by written submissions – failure to file and serve submissions equates to non-appearance and failure to prosecute order XXXIV Rule 17(1) CPC – section 103 CPC (extension of time) – proof of service required.

CERTIFICATE OF DELAY ISSUED BY REGISTRAR WHO HAD NOT SUPPLIED THE APPELLANT WITH DOCUMENTS REQUESTED

CERTIFICATE ON A POINT OF LAW IN LAND MATTERS

CERTIFICATE ON A POINT OF LAW IN MATRIMONIAL PROCEEDINGS IS NOT A REQUIREMENT IN APPEALS TO THE COURT OF APPEAL

CERTIFICATE ON POINTS OF LAW

CHAMBER APPLICATION CASES

Choice of Forum Clauses in International Law, Hamburg Rules in Tanzania, Stay of Proceedings Pending Arbitration, Depart from its Previous Decision,

CONDITIONS FOR A DISMISSAL ORDER ON THE MATTER BEFORE THE DLHT DUE TO NON APPERANCE OF AN ADVOCATE

CIRCUMSTANCE UNDER WHICH COURT MAY EXERCISE ITS JUDICIAL DISCREATION AND GRANT LEAVE TO REVOKE

Circumstances Where Incompetent Appeal Cannot Be Struck Out, Exercise Revisional Jurisdiction While Hearing Appeal, Dismissal and Striking Out, FURNISHERS

CIRCURSTANCES WITHIN WHICH THE COURT CAN REVIEW ITS OWN DECISION

Competence of suit – non-joinder of necessary parties (Guarantors) – right to be heard – proceedings nullified and judgment set aside – suit struck out – fresh suit permitted.

CIRCUSTANCES IN WHICH AN ORDER OF TEMPORARY INJUNCTION MAY BE GRANTED

CIRCUSTANCES IN WHICH TEMPORARY INJUNCTION MAY BE GRANTED

CIRCUSTANCES UNDER WHICH LEAVE TO DEFEND MAY BE GRANTED

CIVIL PRISON CASES

CLAIM FOR COMPENSATION NOT PLEADED AT THE TRIAL, WHETHER COMPETETNT TO RAISE IT ON APPEAL

COMPANIES STANDING IN LEGAL PROCEEDINGS, WHETHER A FOREIGN NOT INCOPORATED IN ITS HOME COUNTRY CAN INSTITUTE LEGAL PROCEEDINGS

COMPETENCY OF THE COURT TO HEAR REVISION APPLICATION SECTION 5(2)(d) of AJA

COMPLIANCE OF SECTION 60 IN SUIT AGAINST GOVERMENT

COMPOSITION OF DISTRICT LAND AND HOUSING TRIBUNAL

COMPOSITION OF THE WARD TRIBUNAL

COMPUTATION OF TIME FOR APPEALS TO THE HIGH COURT INMATTERS ORIGINATING IN PRIMARY COURTS

COMPUTATION OF TIME WHERE MATTER ORIGINATED FROM THE PRIMARY COURT

Concurrent Findings of Fact of the Lower Courts Cannot Be Interfered With

Condition for Grant of Leave to Appeal

CONDITION FOR STAY OF EXECUTION

Conditions and Principles For Review at CAT, Apparent Error on the Face of Record as Ground For Review at CAT, No Order as to Costs When Application Doesn’t Resisted –

CONSEQUENCE OF FAILURE TO ATTACH ONE COPY OF THE ORDERING REFUSING GRANT LEAVE BY HIGH COURT

CONCURRENT JURISDICTION IN LEAVE TO APPEAL

CONSEQUENCE OF NOT ATTACHING LOCUS IN QUO

COURTS OR TRIBUNALS ARE ENJOINED NOT TO ENTERTAIN ANY MATTER WHICH IS TIME BAARED- THE ISSUE OF THE TIME LIMITATION IS JURISDICTIONAL ISSUE

COSTS FOLLOW THE EVENTS

Conditions for Grant of Leave to Appeal, BOARD OF TRUSTEES OF ST.

Conditions for Grant of Leave to Appeal,

Conditions for Grant of Leave to Appeal

Conditions for Grant of Leave to Appeal, The Exercise of the Discretion Power Cannot Be Interfered with

CONDITIONS FOR INVOCATION OF REVISIONAL JURISDICTION OF THE COURT

Conditions for Stay of Execution, Application for Stay of Execution Must Be Filed Within 14 Days

Conditions for Stay of Execution, Ex Parte Stay Order

Conditions for Stay of Execution, Failure to Attach the Notice of Intended Execution in an Application for Stay of Execution, Security,

Conditions for Stay of Execution,

Conditions for Stay of Execution, Security and Substantial Loss as Conditions for Stay of Execution

Conditions for Stay of Execution, Security as a Condition for Stay of Execution,

Conditions for Stay of Execution, Substantial Loss and Security,

Conditions for Stay of Execution, Substantial Loss and Security, Time Within Which to File Application for Stay of Execution

Conditions for Stay of Execution, Substantial Loss, Security,

Conditions for Stay of Execution, Substantial Loss, Submissions Are Not Evidence,

Conditions for the Grant of an Application to Set Aside Dismissal Order,

Conditions for the Grant of Leave to Appeal, Court Should Refrain from Determining Substantive Issues

certiorari/mandamus/prohibition – Law Reform Act (Act No.55/1968) s.18 – six‑month limitation for leave in respect of executive acts or omissions – subsection (3) confined to judicial/quasi‑judicial proceedings – date of act is date of licence instrument – absence of Chief Justice rules does not extend statutory six‑month ceiling.

Conditions for the Grant of Leave to Appeal, Difference Between Rejection and Strike Out

Conditions for the Grant of Leave to Appeal,

Conditions for the Grant of Leave to Appeal

Conditions for the Grant of Leave to Appeal,

Conditions for the Grant of Leave to Appeal, is a Counter-claim Deemed Abandoned Upon Amendment of the Plaint,

Computation of appeal period – resistors certificate of delay excluding period awarding complete record –court of appeal rules r 90[1] 1[3] and r 91[9]

Conditions for the stay of execution to be granted (1)

Conditions for the stay of execution to be granted (2)

Conditions of Issuance of Service to the Respondent, Contradictions in Evidence, Proof of Victim Age, Penalty for Unnatural Offence

Conditions to Establish Res Judicata, Estoppel Per Rem Judicatum, Parties Are Bound by Their Own Pleadings,

Confusion on the remedy available by the lay person is excusable technical delay for the court to grant the extension of time

CONSOLIDATION OF APPEALS

Constitutionality of Death Penalty, Res Judicata in Public Interest Cases, Like Life Litigation Must Come to an End,

CONTENT OF AFFIDAVIT WHICH IS TO BE USED AS EVIDENCE BEFORE THE COURT

CONTENT OF JUGMENT

Contents of The Notice of Appeal, Wrong Citation of the Case Number, Service of The Notice of Appeal, Non-Inclusion of Documents in Record of Appeal

COPIES OF LETTER APPLYING FOR RECORD OF PROCEEDINGS LEFT WITH THE COURT, WHETHER THE COURT IS BOUND TO SERVE COPIES OF THE SAID LETTER ON THE RESPONDENT

COPY OF DECREE TO BE ATTACHED TO THE MEMORANDUM

CORRECTION OF ERRORS IN A JUDGMENT, HIGH COURT OMITS TO AWARD INTREST ON A DECRETAL AMOUNT, WHETHER THAT IS AN ERROR WHICH THE COURT OF APPEAL MAY CORRECT UNDER SECTION 2(3) OF AJA

CORRECTION OF ERRORS, ERRORS COMMITTED BY PARTIES IN DRAWING UP DOCUMENTS SECTION 130 OF THE CIVIL PROCEDURE CODE DECREE APPLIES TO CORRECTION OF SUCH ERRORS, PROCEDURE TO BE FOLLOW

Correction of Judgement May Be Done by Way of a Separate Order, There Cannot Be Two Judgements in One Case

CORRECTION OF THE JUDGMENT

Court Cannot Grant Reliefs Not Prayed For, Parties Are Bound by Their Pleadings, Court is Also Bound by Pleadings,

COURT DISMISSED APPEAL BUT DID NOT AWARD COSTS, FACTORS CONSIDERED IN AWARDING COSTS

Court Duty to Join a Necessary Party, There is No Standard Criteria For Determining Who Are The Necessary Parties To A Suit,

COURT FORMS, CHIEF JUSTICE HAS NOT REPLACED THE INDIAN FORMS IN THE CIVIL PROCEDURE CODE, PURPOSE OF COURT FORMATS

COURT OF APPEAL, APPLICATION FOR REVISION, FORM PRESCRIBED FOR APPLICATION, NOTICE OF MOTION SUBSTANTIALLY CONFORMING TO PRESCRIBED FORM

Court orders Counsel to first draw up and file a joint memorandum of facts not disputed followed by written submittions, Whether pleadings were regular

COURT ORDERS COUNSEL TO FIRST DRAW UP AND FILE A JOINT MEMORANDUM OF FACTS NOT DISPUTED FOLLOWED BY WRITTEN SUBMSSIONS,

COURT ORDERS COUNSEL TO FIRST DRAW UP AND FILE A JOINT MEMORANDUM OF FACTS NOT DISPUTED, WHETHER COURT ORDER WAS TENABLE

Court Orders Must Be Obeyed, The Rules of Court Must Be Obeyed, Factors for Extension of Time, THE CONCERN FOR DEVELOPMENT, AMBERO CONSULTING

Court Orders Must Be Respected and Complied with, When the Court Becomes Functus Officio, Doctrine of Res Sub-Judice, Retrial Principles,

COURT ORDERS MUST BE RESPECTED AND COMPLIED WITH

COURT PROCESS, PARTRY PURSUING TWO DIFFRENT AVENUES IN DIFFERENT COURTS AT THE SAME TIME, AN ABUSE OF THE COURT PROCESS

Court record is always pressumed to accurately represent what actually transpired in court

Court Should Not Grant Reliefs Not Prayed for, Special Damages Must Be Specifically Pleaded and Strictly Proved,

Court Should Not Raise New Issues in the Course of Composing the Decision Without Hearing the Parties, Right to Be Heard

COURT VACATION, APPLICATION FILED 3 DAYS BEYOND THE LIMITATION PERIOD BUT DURING A TIME WHEN THE COURT IS ON VACATION, WHETHER THE APPLICATION IS TIME BARRED

COURT WITH COMPETETNT JURISDICTION TO REVIEW, A DECISION OF A COURT OF A RESIDENT MAGISTRATE WITH EXTENDED JURISDICTION

COURT’S DUTY TO JOIN A NECESSARY PARTY TO A SUIT

Courts have bben reluctant to interfere in matters of academics in colleges and Universities especially though judicial review

COURT’S REVISIONSL POWER IS EXERCISED UNDER EXCEPTIONAL CIRCUMSTANCES

creteria for grant leave for judicial review

CONTRADICTIONS OF NAMES IN THE NOTICE OF APPEAL AND MEMORANDUM OF APPEAL

CMA has jurisdiction to mediate and arbitrate all disputes originating from the repealed la

CONTENTS OF JUDGMENT

CONFICATION OF PROPERTIES FOUND IN POSSESSION OF THE ACCUSED- O EVIDENCE INDICATING THAT THE ITEMS WERE USED OR INTENDED TO BE USED TO FACILITATE THE COMMISSION OF AN OFFENCE OR OFFENCES- EFFECT THEREOF

duty to amend/substitute charge; Fair trial — defective charge — right to plead; Identification — prior description and parade irregularities — visual ID of strangers; Retrial — Fatehali Manji — when retrial is inappropriate

Defence evidence — Claim of minority — Burden on prosecution to disprove age beyond reasonable doubt; Law of the Child Act s100(2) — stay and commit to juvenile court; unshaken defence testimony creates reasonable doubt; appellate re-evaluation on second appeal.

Determination of accused’s age — Law of the Child Act ss.114–115 — requirement for medical evidence — failure to obtain/report medical certificate — fair trial infringement — miscarriage of justice — AJA s.6(2) revision, nullification and retrial.

DPP consent under s.26(1) EOCCA — consent must reference statutory provision in the information — omission vitiates jurisdiction — proceedings nullified; retrial left to DPP

Drug trafficking – Chain of custody – Admissibility of physical exhibits – Fungible evidence – Burden to prove integrity and non-tampering – Conviction quashed for break in chain.

discretionary remedy – sufficient cause – duty to account for each day of delay – requirement of supporting evidence for illness and attempts to obtain legal aid. application to set aside dismissal – requirement of good cause – court discretion – electronic/system failure affecting notice – restoration of suit – costs denied

derivative proceedings — misjoinder/non-joinder — necessity of leave to vary parties — Order I Rule 9 limits — right to be heard and authenticity of court records

DIFFERENCE AS BETWEEN MENTION VS HERAING DATES

Definition of Illegality, Three Things to Establish for a Decision to be Attacked on Ground of Illegality, Illegality as a Ground for Extension of Time,

Definition of Private Employment Agency, Termination of Contract for Failure to Perform Contractual Obligations,

DEFINITION OF THE PUBLIC SERVICE OFFICE

DEFINITION OF THE TERM DECREE

DEFINITION OF THE TERM ORDER

DEFINITION OF VERIFICATION CALUSE

DETERMINING THE MATTER WHICH IS NOT BEFORE THE COURT IS FATAL

DIFFERENCE BETWEEN DECREE AND AN ORDER

Difference Between Decree and Order, Some Orders Are Decrees, Failure to File Witness Statement, The Dismissed Suit Becomes Res Judicata,

difference between dismissal and struck out, time barred proceeding shall be dismissed

DIFINITION OF PUBLIC SERVANT

Discharge from Hospital is Not an Indication of Full Recovery from Sickness, No Need to Consider Illegality Where Delay Has been Accounted for

DISCLOSURE OF CAUSE OF ACTION

DISCOVERY OF NEW AND IMPORTANT MATTER CAN BE RAISED AS A GROUND FOR REVIEW IN THE HC

DISCOVERY OF NEW EVIDENCE AS GROUND FOR REVIEW

DISCOVERY OF NEW EVIDENCE IS A GROUND FOR REVIEW IN THE HIGH COURT AND NOT IN COURT OF APPEAL

DISCREATION, EXERCSE OF DISCREATION, PRINCIPLES UNDERLYING EXERCISE OF SUCH DISCREATION

DISCREATIONARY POWER OF GRANTING OR DENYING AN EXTENSION OF TIME

Disobedience of Court Orders

Disobedience of Court Summons

DISTINCTION BETWEEN AN INJUCTION AD INTERIM AND A TEMPORARY INJUNCTION

DISTINCTION BETWEEN NECESSARY AND NON-NECESSARY PARTIES

Division of Matrimonial Property, Burden of Proof, Sale of Matrimonial Property, Concurrent Findings of Lower Courts Cannot be Interfered

DOCRINE OF RES JUDICATA

DOCRINE OF RES SUB-JUDICE

Doctrine of BONAFIDE PURCHASER, Doctrine of Adverse Possession, Accrual of Right of Action to Recover Land, Allegation of Fraud in Civil

DOCUMENTS ACCOMPNAYING AN APPLICATION FOR STAY OF EXECUTION

DOCUMENTS NOT ATTACHED IN PLEADINGS OR LIST OF DOCUMENTS CAN WITH LEAVE BE RECEIVED IN EVIDENCE

DOCUMENTS TO ACCOMPANY MEMORANDUM OR PETITION OF APPEAL TO THE HIGH COURT FROM PRIMARY COURT AND SUBORDINATE COURTS

DUTY OF PARTY WHO WISHES TO BE JOINED IN AN APPLICATION FOR REVISION COMMENCED BY THE CAT SUO MOTU

DUTY OF PARTY WHO WISHES TO BE JOINED IN AN APPLICTAION FOR REVISION COMMENCED BY THE CAT SUO MOTU

Duty of the Attorney General to Join the Proceeding Once He Becomes Aware of It, Audience by Attorney General in Matters of Public Interest

DUTY OF THE FIRST APPELLATE COURT

Duty to Follow Ups the Documents for Appeal Purposes, Failure to Approach the Registrar within 14 Days after Expiry of 90 Days,

Duty to Join the Necessary Party to a Suit,

Duty to Place the Record for Revision, The Discharged Administrator of the Estate Must Be Sued in His Capacity as Administrator

Default judgment; substituted service and newspaper publication; proof by affidavit and documentary exhibits; contractual refund; contractual daily interest (0.5% from 7 Mar 2024); post-judgment interest 7%; punitive interest disallowed; costs awarded.

Default judgment as ex parte proceeding — Rule 22(1) Commercial Court Rules — Locus standi of defaulting defendants — Expungement of affidavit evidence — Recognition of foreign notarisation.

DISCRETION BE EXERCISED JUDICIOUSLY

DISTINCTION BETWEEN INTERIM AND TEMPORARY INJUNCTION

DEFAULT JUDGMENT

DEFINITION OF THE TERM EXECUTION-EXECUTION CAN BE DONE WITH OR WITHOUT THE ASSISTANCE OF THE COURT

DIFFERENCE BETWEEN ORDER AND DECREE

DEFINITION OF THE TERM ORDER

DEFINITION OF THE TERM DECREE

DIFFERENCE PROCEDURE FOR INSTITUTION OF REVISION AND REFERENCE

DOCUMMENTS TO BE ATTACHED WHEN APPLICATION FOR LEAVE IS SOUGHT AT THE HIGH COURT

DETERMINING THE MATTER WHICH IS NOT BEFORE THE COURT IS FATAL

DECREE MUST MATCH WITH JUDGEMENT-EXECUTING COURT HAS NO JURISDICTION TO MODIFY THE DECREE

DAMAGES NOT PLEADED, WHETHER DAMAGES NOT PLEADED ARE AWARDABLE

DAMAGES CASES

DAMAGES NOT PLEADED, WHETHER DAMAGES NOT PLEADED ARE AWARDABLE

Date of Receipt is a date of Filing.

Decision Dismissing Application for Extension of Time to File Leave to Apply for Judicial Review is Appealable with Leave, Legal Point Be Raised at Any Time

Decision Granting Application to Set Aside Ex-Parte Judgment is Not Appealable, No Appeal Lies Against Interlocutory Order, Definition of Suit,

Decision of Lower Court Not Been Reversed by Superior Court Remain Intact, Claim by Legal Representative, PO Must be on Pure Point of Law,

Decision of the High Court Dismissing the Application for Extension of Time to File Leave to Apply for Judicial Review, is Appealable with Leave,

DECLARATORY JUDGEMENT, WHEN A DECLARATORY JUDGEMENT MAY BE GIVEN

DECREE ACOMPANYING APPEAL TO THE HIGH COURT

DECREE NOT SIGNED BY MAGISTRATE

DECREE SIGNED AND SEALED NEEDED NO CERTIFYING

DECREE, HIGH COURT EXERCISING APPELLATE JURISDICTION, DECREE SIGNED BY THE REGISTRAR

DECREE, PARTIES RE-NEGOTIATE THE COURT’S DECREE

DECRETAL AMOUNT, INTEREST ON DECRETAL AMOUNT

DEFAULT JUDGEMENT IN A SUIT WITH SEVERAL DEFENDANTS, ONE DEFENDANT FAILS TO FILE DEFENCE AND TRIAL COURT PRONOUNCES JUDGEMENT IN FAVOUR OF PLAINTIFF, THEN COURT PROCCEDS TO HEAR SUIT AG

DEFECTIVE AFFIDAVIT

Dismissal for want of prosecution – non-compliance with court order – Order XXXIX rule 17(1) of Civil Procedure Code – contemptual implication under section 124 Penal Code Costs awarded.

– 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

Defective Certificate of Delay, Leave to File Supplementary Record of Appeal

Defective Certificate of Delay, Overriding Objective Principle,

Defective Certificate of Delay, Running of The Limitation Period Where a Party Writes to The Registrar Asking for Missing Part of the Proceedings

Defective Certificate of Delay, Running of Time for Appeal Purposes, The Status of the Cross Appeal in Event the Appeal is Struck Out,

Defective Certificate of Delay, What is the Way Forward When Certificate of Delay is Defective,

DEFECTIVE DECREE-DECREE MUST MARCH WITH THE JUDGEMENT-LEAVE TO FILE A SUPPLEMENTARY RECORD OF APPEAL

DEFECTIVE VERIFICATION IS AMENABLE

defective verification not fattal

DEFENCE NOT PLEADED IN THE WRITTEN STATEMENT OF DEFENCE, WHEHER COURT BOUND TO ACCEPT THE UNPLEADED DEFENCE

DEFENCE OF ALIBI, NEED TO GIVE NOTICE OF DEFENCE OF ALIBI

DEFINITION OF CAUSE OF ACTION

Definition of Commercial Case, Elements of Commercial Case, Pecuniary Jurisdiction of the Resident Magistrate Court in Commercial Cases,

DUTY OF COURTS TO RESOLVE ISSUES

Extension of time – illegality in proceedings – admission of evidence – exhibits to be cleared for admission and right to object – denial of fair hearing – illegality as sufficient cause for extension

Extra-judicial statements — Chief Justice’s Guidelines — failure to record time/date of arrest fatal; Visual identification — night-time identifications, source/intensity of light, duration and description essential; Torch illumination by alleged culprits unreliable; Circumstantial evidence insufficient where it only raises suspicion

Execution — affidavit showing cause — evidentiary requirement; Conditional decree publication — alleged non-compliance; Stay of execution — pending application at Court of Appeal does not automatically stay execution; Judicial discretion to suspend execution to preserve appellate process.

Extension of time under Rule 10 — “Good cause” and technical delay due to concurrent proceedings — Alleged illegality in impugned proceedings as ground — Unopposed affidavit.

Extension of time to apply for revision — Competence of revision versus appeal — Preliminary objection on competence better determined by Full Court — Probate and administration matter

EFFECT OF AMENDED PLEADING

ELECTRONIC FILLING DOCUMENTS

EFFECT OF AN ORDER TO PROCEED EX-PARTE UNDER REGULATION 13(2) OF GN No. 174 of 2003

EFFECT OF FAILURE TO FILE PLEADING WITHIN TIME LIMITED

Extension of time – sufficient cause – need to account for each day of delay – illegality as ground for extension – error apparent on the face of the record – probate proceedings. Inadmissibility / low weight of unsupported oral submissions

E‑filing submission date, not fee payment date, governed filing date for taxation within the 60‑day limit under then applicable law. Electronic filing — rule 21(1) G.N. 148/2018 — filing date is date of submission through e‑filing system; effect of payment timing; taxation time‑bar under Advocates’ Remuneration Order; relevance of G.N. 609/2025 and later appellate decisions

Execution ordered at mention without hearing violated the applicant’s right to be heard; order quashed and file remitted. Execution proceedings — Mention stage — Right to be heard — Proceeding ex parte on adjourned mention date vitiates execution — Revision to quash execution and remit for inter partes hearing

Extension of time granted where applicants were non‑joined, lacked notice and an apparent illegality in land description existed.

Extension of time granted where delay was explained and the tribunal’s decision showed clear procedural illegality.

Extension of time under s.14 Law of Limitation Act — Default judgment — Service by publication — Alleged non-service and illegality — Requirement to account for each day of delay — Prematurity of setting-aside-related factual disputes in extension proceedings.

Extension of time – section 14 Law of Limitation Act – Lyamuya principles: account for whole delay, inordinate delay, diligence, illegality apparent on face of record – service of process and proof – audi alteram partem and procedural discipline.

Extension of time under s.11(1) AJA — Lyamuya criteria — distinction between technical and real delay — diligence and accounting for days of delay — abuse of court process — belated objection to affidavit verification

Extension of time under s.14(1) AJA – Effect of striking out appeal under Rule 90(1) Court of Appeal Rules – Distinction between striking out as incompetent and dismissal under Law of Limitation Act – Res judicata – Abuse of process – Accounting for delay.

Extension of time — section 11(1) Appellate Jurisdiction Act — good cause factors (length, reason, arguable appeal, prejudice) — technical delay excusable while pursuing appeal — duty to show promptitude and account for each day — requirement to substantiate follow-up efforts and produce corroborating evidence.

Execution of decree – Executing court bound to enforce decree as altered by appellate court – Interest computation confined to decretal sums as varied – Exclusion of amounts already awarded in criminal proceedings

Execution law; Order XXI rules 87–90 CPC; Proclamation of Sale; functus officio; right to be heard; natural justice; judicial vs administrative order; revision jurisdiction.

Extension of time to file memorandum and record of appeal — Technical delay caused by Registrar’s failure to supply records — Time spent pursuing relevant court processes excluded — Rule 10 Court of Appeal Rules — Certificate of delay.

extension of time under Rule 10 — counsel’s inadvertence/negligence — requirement of prompt discovery and diligent remedy — illegality apparent on record — when alleged illegality justifies extension of time.

Extension of time — Applicant must show sufficient cause and account for each day of delay — Medical evidence must coherently explain failure to act within court-ordered time — Inordinate delay and lack of diligence justify refusal

extension of time; accounting for delay – registry negligence; illegality – wrong interpretation of Income Tax Act s.10(1) may amount to illegality if it affects validity of decision; public office responsibility

extension of time to appeal – sufficient cause – delay attributed to late availability of trial court’s copies of judgment and decree – Order XXXIX r.1(1) CPC – applicant acted promptly on receipt of documents.

Extension of time under Rule (6)(a) – “Good cause” and technical delay due to concurrent proceedings – alleged illegality in impugned proceedings as gravel uncoposed affidavit.

extension of time – delay caused by seeking administrative intervention not good cause; illegality (denial of right to cross-examine; biased disciplinary committee; rule of natural justice) may justify extension.

extension of time – revision v appeal – limits on invoking revision – appellate process not judicially blocked – advocate negligence – alleged illegality (time-barred counterclaim) may be raised on appeal.

Extension of time — sufficient cause — Lyamuya criteria — technical delays from pursuing defective appeals — clerical errors not illegality — negligence of previous counsel not automatically fatal.

Extension of time to file record and memorandum of appeal – Registrar’s failure to supply complete proceedings and issuance of defective certificates of delay – Parties not to be penalized for court’s mistakes – Overriding objective and section 3B powers to ensure timely, just and affordable disposal of appeals.

– extension of time under Rules 10 and 45A(1)(a) – technical delay from struck-out proceedings – illegality of decision – revocation of right of occupancy by District Land Allocation Committee (DLAC) – requirement to account for delay – requests for certified copies and notice of appeal.

Extension of time under rules 10 and 45A 11 [a] technical delay from struck out proceedings illegality of decision,

Extension of time – alleged illegally apperat on the face of record

EFFECT OF INCOMPETENT PROCEEDING

EMERGENCY OF NEW ISSUE

EFFECT OF A NULLITY APPLICATION

EFFECT OF DEGREE NOT SIGNED BY THE JUDGE WHO MADE THE DECISION

Effect of Failure to File Witness Statement, Failure to File Witness Statement is Equal to Failure to Call Witness,

Effect of Failure to Pay Stamp Duty, Sanctity of Contract, Breach of Contract, Breach of Lease Agreement, Parties Are Bound by Their Pleadings,

Effect of Having More Than One Certificate of Delay, Court Has No Jurisdiction to Entertain an Appeal Which is Time Barred,

EFFECT OF MISJOINDER OR NON JOINDER OF A PARTY TO A SUIT

EFFECT OF NON COMPLIANCE WITH RULE 83(1)(e) AND 90(1)

EFFECT OF NOTICE OF APPEAL AN APPEAL TO THE JURISDICTION OF THE HOGH COURT

ENFORCEMENT OF JUDGEMENT, WHETHER A JUDGEMENT CAN BE ENFORCED AGAINST A PERSON WHO WAS NOT A PARTY TO THE CASE

Essential Features of Lease, Withholding Tax on Rent, Definition of the Licence and Licensee,

Even If the Suit Proceeds Ex-Parte He Who Alleges Must Prove,

EVERY OTHER ORDER OF THE HIGH COURT IS APPEALABLE WITH LEAVE S. 5(1)(c) -AJA

Evidence Act Does Not Apply to Affidavits, Review under CPC, Court Should Not Raise Issues While Composing Judgement Without Hearing the Parties,

EVIDENCE CONFERRING LOCUS STANDI

EX PARTE HEARING, EFFECT OF POSTPONING HEARING EX PARTE, WHETHER PROVISION TO POSTPONE HEARING MAY BE USED TO ALLOW ABSENT PLANTIFF TO PROCEED EX PARTE

Ex parte hearing — Effect of postponing hearing p ex parte – Whether provision to postpone hearing may be used to allow absent plaintiff to proceed ex parte – Order 9, rule 6(1) of the Civil Procedure Code 1966. Civil Practice and Procedure — Whether plaintiff may prove entire case by affidavit – Order 9, rule 6 and Order 19, rule 1 of the Civil Procedure Code 1966

EX- PARTE JUDGMENT CASES

EX PARTE ORDER

Exclusion of Saturday and Sunday, The Applicant Must Take Immediate Action After Becoming Aware That He is Out of Time,

EXECUTION OF DECREE FOR DELIVERY OF IMMOVABLE PROPERTY, WHETHER EXECUTION ORDER IS NECESSARY FOR EFFECTUAL EXECUTION

EXECUTION OF DECREE, STAY OF EXECUTION PENDING APPEAL, APPLICATION FOR STAY OF EXECUTION PENDING AN APPEAL THAT REQUIRES LEAVE TO APPEAL

EXECUTION PROCEEDINGS, SUCCEFUL LITIGANT ASSERTING RIGHT TO LAND THOUGH EXECUTION PROCEEDINGS AGAINST PERSONS WHO WERE NOT PARTIES TO THE SUIT, WHETHER NEW RIGHTS CAN BE DONE

Execution process has to caried in accordance with mandatory requirements of law

Execution Without Court Order, Settlement Deed Cannot Extinguish Mortgage Deed, Mesne Profit, Bona Fide Purchaser, Default Notice, Public Auction,

Extension of time to apply for revision — Discovery of judgment upon execution — Accounting for delay and diligence — Lyamuya principles applied

extension of time — technical delay doctrine; requirement to account for delay (Bushiri); online filing and registry delays; struck‑out application for misnomer; Fortunatus Masha; Kibaha Housing Co‑op (KIHOCOSO).

EXECUTION, STAY OF EXECUTION OF HIGH COURT ORDER, POWER OF COURT OF APPEAL

EXERCISE OF DISCREATION BY A COURT BEFORE WHICH AN APPLICATION IS MADE AND HEARD MAY BE INTERFERED WITH BY A HIGHER COURT

EXERCISE OF REVIEW POWERS BY THE COURT OF APPEAL, CIRCUSTANCES UNDER WHICH THE POWERS MAY BE INVOKED

EXPARTE PROCEEDING DUE TO NON APPERANCE BY DEFENDANT

EXTENSION OF TIME CASES

EXTENSION OF TIME IN WHICH TO FILE AN APPEAL

EXTENSION OF TIME TO SERVE APPEAL ON ARERSPONDENT, NO PERSON AVAILABLE TO RECEIVE FOR THE RESPONDENT, WHETHER EXTENSION OF TIME MAY BE GRANTED

EXTENSION OF TIME UPON GOOD CAUSE BEING SHOWN -FACTORS FOR EXTENSION OF TIME

Extension of Time Upon Good Cause Being Shown, Definition of Good Cause,

Extension of Time Upon Good Cause Being Shown, Factors for Extension of Time,

Extension of Time Upon Good Cause Being Shown, Factors for Extension of Time, Technical Delay,

Extension of Time Upon Good Cause Being Shown, Illegality

extension of time to appeal — delay after receipt of appeal documents — sufficiency of grounds; Alleged judicial or registrar misdirection — not excusing delay where applicant had legal representation; Application of Order XV r.9 and Order 51 r.1(g) — irrelevant to extension; Court struck-out earlier notice under Rule 84(a) — functus officio.

Extension of Time Upon Good Cause Being Shown,

Execution – Stay of execution pending appeal – Applicationfor stay ofexecution where there are no prospects of the intended appeal taking off Civil Practice and Procedure -Execution – Stay of execution pending appeal – Stay of execution sought 8 years after judgment was entered and time to take essential steps to prosecute the appeal has expired -Whether grant of stay of execution fair and just

Extension of Time Upon Good Cause Being Shown,

Execution of decree — Identification of property — Order XXI Rule 12 requires sufficient description for attachment or receiver orders. Civil procedure — Examination of judgment debtor — Order XXI Rule 40 contemplates examination before attachment Receivers — discretionary and exceptional remedy; court must have clear factual foundation before appointment. Notice of appeal — effect on jurisdiction not decided due to fatal defects in the application

EXTENSION OF TIME UPON GOOD CAUSE BEING SHOWN

EXTENSION OF TIME UPON GOOD CAUSE BEING SHOWN-FACTORS FOR EXTENSION OF TIME

EXTENSION OF TIME, APPLICATION FOR EXTENSION OF TIME TO APPLY FOR CORRECTION OR VARIATION OF JUDGEMENT, APPLICATION FILED MORE THAN A YEAR AFTER APPLICANT IS MADE AWARE OF THE NEED FOR

EXTENSION OF TIME, GROUNDS UPON WHICH TIME CAN BE EXTENDED BY THE COURT

Effect of Failure to Pay Stamp Duty, Sanctity of Contract, Breach of Contract, Breach of Lease Agreement, Parties Are Bound by Their Pleadings, MOHAMED ABOOD

failure to record clear ruling whether accused has a case to answer and failure to inform accused of rights to give evidence or call witnesses — procedural omission fatal — subsequent proceedings nullified; conviction and sentence quashed; record remitted to trial court.

Failure to file court-ordered written submissions constitutes failure to prosecute and warrants dismissal for want of prosecution. court-ordered written submissions — failure to file submissions tantamount to failure to prosecute/non-appearance — dismissal for want of prosecution; costs awarded.

Failure to file an ordered amended defence without sufficient cause removes the defence and permits the plaintiff to proceed ex parte

Fresh suit wrongly struck out as res judicata; non-party not bound and was denied right to be heard.

Failure to join the Commissioner for Lands where pleadings and an approved map implicate survey/registration renders the suit incompetent.

FUNCTUS OFFICIO

FAILURE TO RESOLVE THE CONTROVERSY BETWEEN THE PARTIES-FAILURE TO DETERMINE ISSUES RAISED BY THE PARTIES IN THE PLEADINGS AND EVIDENCE

FACTORS TO BE CONSIDERED IN GRANTING APPLICATION FOR LEAVE TO APPEAL

FAILURE TO FILE ON TIME SUPPLIMENTARY RECORDS UPON OBTAINING LEAVE TO LODGE THE MISSING DOCUMENTS

Factors for Extension of Time to File Review. Account for Each Day of Delay,

Factors for Extension of Time, Account for Each Day of Delay

Factors for Extension of Time, Illegality as a Ground for Extension of Time by Itself is Sufficient

. (From the order of the Court of the Resident Magistrate of Dar es Salaam at Kisutu, A. Kabuta, Resident Magistrate, dated 16 Octoberl998) Civil Practice and Procedure – Interim order – Whether court may grant an Interim Restoration Order where its jurisdiction is challenged – Section 68 and Order 37 of the Civil Procedure Code 1966

Factors for Extension of Time, Illegality as a Ground for Extension of Time

Factors for Extension of Time, Technical Delay, No Additional Affidavit from Another Person When the Averment is Not Contradicted

Factors for the Grant of an Application for Restoration, Affidavit from Another Person

FACTORS TO CONSIDER IN DETERMINATION OF A PURE POINT OF LAW

FACTORS TO CONSIDER IN DETERMINATIONOF A PURE POINT OF LAW

Factors to Establish Employer-Employee Relationship, Remedies in Unfair Termination Do Not Apply in Contracts for Specific Tasks and Fixed Term

Failure by the Advocate to Act Within the Dictates of the Law, Illegality, Extension of Time to File Review, Principles Governing Reference

FAILURE BY THE APPELLATE COURT TO CONSIDER GROUNDS OF APPEAL

Failure by the Applicants to File Affidavits to Cover All of Them is Fatal, Application Must Be Supported by Affidavit, Supplementary Affidavit

Failure by the Applicants to File Affidavits to Cover All of Them is Fatal, Institution of Applications Before the Court of Appeal

FAILURE BY THE ARBITRATOR OF THE CMA TO ADMINISTER OATH OF THE WITNESSES BEFORE WENT ON TO TESTIFY AND TO APPEND SIGNATURE TO EACH WITNESSE’S EVIDENCE

Failure by the Intern from the Law School to Serve the Respondents with Copies of the Documents, Affidavit from Another Person,

Failure by the Subordinate Court to Commit the Accused Person for Trial by the High Court, The High Court Lacks Jurisdiction to Try Him

Failure to Apply for Leave to Appeal Amounts to Failure to Take Essential Steps to Institute an Appeal

Failure to Apply for Leave to Appeal Where Required, Amounts to Failure to Take Essential Steps in Instituting an Appeal

Failure to Apply for Leave to Appeal Where Required, Amounts to Failure to Take Essential Steps to Institute an Appeal

Failure to meet agreed general performance (75% – 85%) proof of specific damages – necessity of invades/recepis appellate re-approach, re-appraisal of evidence – first appellate court drawing inferences of facts

Failure to Assign Reasons For Taking Over the Proceedings From One Magistrate to Another is Fatal, An Order of Consideration of Time Spent in Prison After Retrial Order

Failure to Attach a Copy of the Ruling in an Application for Stay of Execution is Fatal and Overriding Objection Cannot Apply to Salvage Such an Omission,

Failure to Attach the Notice of Appeal in an Application for Stay of Execution is Fatal, Failure to File Affidavits to Cover All Applicants is Fatal

Failure to Conduct Mediation, Procedural Irregularity, Non-Endorsement of the Tendered Documents, Incomplete Record of Appeal,

FAILURE TO DETERMINE A COUNTER-CLAIM

Failure to Determine the Counterclaim, Failure to Determine the Framed Issues,

FAILURE TO DETERMINE THE FRAMED ISSUES

FAILURE TO DISCLOSE CAUSE OF ACTION, PETITION NOT DISCLOSING A CAUSE OF ACTION, ALLEGATION BY A PERSON THAT A FUNDAMENTAL RIGHT OR DUTY OWED TO HIM HAS BEEN OR LIKELY TO BE VIOLATED

Failure to File a Notice of Appeal Before Filing an Appeal

Failure to File Affidavit in Rely, Leave to Appeal in Land Matters, Illegality as A Ground for Extension of Time

FAILURE TO FILE AFFIDAVIT IN REPLY (COUNTER AFFIDAVIT)

Failure to File Affidavit in Reply, Failure to File Counter Affidavit, Illegality as a Ground for Extension of Time

Failure to File Amended Pleading Within the Time Limited by the Court, A Visit of the Locus in Quo

FAILURE TO FILE AN AMENDED PLEADING WITHIN TIME LIMITED BY COURT

Failure to file witness statement is equated to plaintiff’s non appearance

Failure to File Written Statement of Defence, Default Judgment, Impartiality of the Evidence of the Expert Witness, Submissions Are Not Evidence

FAILURE TO FOLLOW UP THE DOCUMENTS FOR APPEAL PURPOSES

FAILURE TO FRAME ISSUES IS FATAL IF IT LEADS TO MISCARRIAGE OF JUSTICE

Failure to Frame Issues, Failure to Frame the Required Issue is Fatal, Cross-Examination Has No Limit, the Limit is the Sky

Failure to Join Legal Representative of the Deceased Party in Accordance with the Law is Fatal, Join Administrator

Failure to Obtain Leave to Appeal, Point of Law Must Be Determined First

Failure to Request Documents for Appeal Purposes Within 30 Days and Serve On the Respondent Amounts to Failure to Take Essential Steps

FAILURE TO RERVE NOTICE OF MOTION AND RECORD OF THE REFERENCE ON RESPONDENT

Failure to Seek and Obtain Leave to Appeal Amounts to Failure to Take Essential Steps to Institute an Appeal

Failure to Serve Notice of Appeal Within Time, Service of the Letter Requesting for Proceedings, Application to Strike Out a Notice of Appeal,

Failure to Serve Reminder Letters Does Not Amount to Failure to Take Essential Steps to Institute an Appeal

Failure to Serve the Notice of Appeal Within Time Amounts to Failure to Take Essential Steps, Failure to Serve the Letter, Service of the Letter

FAILURE TO SERVE THE RESPONDENTS WITH THE NOTICE OF APPEAL WHETHER CAN BE CURED BY THE OVERRIDING OBJECTIVE PRINCIPLES

Failure to State in the Request Letter the Purpose of the Requested Documents, No Format of a Request Letter, Failure to Collect Documents

Failure to Take Essential Steps to Institute an Appeal, Appellant Duty to Follow Up Documents, the Home and Dry Principle Was Abolished in 2017

Failure to Take Essential Steps to Institute an Appeal, Failure to File Counter Affidavit, Failure to File Affidavit in Reply,

Failure to Take Essential Steps to Institute an Appeal, Failure to Write a Letter to the Registrar Requesting the Record,

filing is complete upon payment of court fees

FILLING RECORD OF APPEAL

Financial Constraint as a Ground for Extension of Time, Poverty as a Ground for Extension of Time, Second Bite Application for Extension of Time

FINDINGS IN SUITS MUST BE BASED ON ISSUES ARISING FROM PLEADINGS-EXCEPTION TO THAT RULE

FOREIGN JUDGEMENT, REGARD GIVEN TO A FOREIGN JUDGEMENT ON A MATTER ADJUDICATED UPON BETWEEN THE SAME PARTIES SECTION 8 OF THE CPC

FORM OF APPLICATION, FORMAT FOR BRINGING APPLICATIONS TO THE COURT OF APPEAL

FORM OF NOTICE OF APPEAL

FORMAL APPLICATION FOR LEAVE TO APPEAL MADE TO THE HIGH COURT, WHETHER IT IS NECESSARY TO ATTACH COPY OF JUDGEMENT AND DECREE OF THE HIGH COURT AGAINST WHICH IT INTENDED TO APPEAL

Format of the Certificate Authenticating the Record of Appeal, Improper or Disorderly Arrangement of Documents in the Record of Appeal

Formation of Contract of Reinsurance, Facultative Reinsurance Cover, Rescission, Affirmation of Voidable Contract

Four Conditions for the DLHT to Proceed Ex-parte or Dismiss the Application, Remedy Against Ex Parte Judgement Issued by DLHT

FOUR TESTS OR CONDITIONS TO CONSIDER FOR THE COURT TO EXECRCISE REVISIONARY POWERS

FRAMING OF IISUES, POWER OF COURT TO FRAME ADDITIONAL ISSUE, DUTY OF THE COURT TO INFORM THE PARTIES

FRAMING OF ISSUES, ISSUES NOT ARGUED, COURT DECIDES CASE ON AN ISSUE NOT ARGUED, WHETHER IT IS PROPER

FRAMING OF ISSUES, ISSUES NOT PLEADED, WHETHER THE COURT HAS POWER TO DECIDE A CASE ON AN ISSUE NOT PLEADED

FRESH APPLICATION FOR STAY OF EXECUTION AFTER DISMISSAL OF A SIMILAR APPLICATION BY THE SAME COURT, APPLICABILITY OF THE SAME OF LIMITATION TO SUCH SUBSEQUENT APPLICATION

FULL BENCH, AN ORDINARY COURT REFERRING A MATTER FOR DECISION OF THE SAME SITTING AS FULL BENCH OF FIVE JUSTICES, BASIS THEREOF

FULL BENCH

FUNCTION OF PLEADINGS

guilty plea — unequivocal plea and admissions; language and right to a fair trial; procedure for reading facts after guilty plea (s.245 CPA); variance between charge and PF3; sentencing — unnatural offence on a child under 18 — mandatory life imprisonment; appellate enhancement of sentence (s.6(2) AJA).

GRANT OF RELIEF NOT FOUNDED ON PLEADINGS

GRANT OF STAY OF EXECUTION

GRANT OF LEAVE IS THE DISCRETIONARY

GARNISHEE ORDER CASES

GARNISHEE ORDER, ORDER IMPOSED ON BANK ACCOUNTS OF A WRONG PARTY TO PROCEEDINGS, WHETHER ORDER MAY BE LIFTED

GENERAL DAMAGES ARE AWARDED AT THE DISCREATION OF THE COURT

GENERAL; DAMAGES CANNOT BE USED TO DETERMINE PECUNIARY JURISDICTION OF COURTS

GOOD CAUSE FOR NON APPERANCE OF DEFENDANT

GRANT TEMPORARY INJUNCTIONS, RULING PRINCIPLES GUIDING COURTS IN INSURANCE OF TEMPORARY INJUNCTIONS’

Great Chance of Success No Longer Constitutes Good Cause for Delay, Account for Each Day of Delay, Factors for Extension of Time,

GROUNDS FOR JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION POWER TO TERMINATE AN EMPPLYEE VESTED IN THE PERMANENT SECRETARY, POWER TO TERMINATE AN EMPOYEE VESTED VESTED IN THE PERMANENT

GROUNDS FOR LIMITING APPEALS FROM INTERLOCUTORY ORDERS

Grounds for Review, A Manifest Error Apparent On the Face of Record as A Ground for Review

Grounds for Review, A Manifest Error on the Face of the Record, Wrong Citation of the Enabling Provision

Grounds for Review, Manifest Error On the Face of Record

Grounds for Review, Manifest Error On the Face of the Record as a Ground for Review

Grounds for Review, Mere Disagreement with Judgment is Not the Ground for Review, Review is Not an Appeal in Disguise

GROUNDS FOR REVIEW

GROUNDS FOR SEEKING LEAVE TO REVOKE A SUBMISSION TO ARBITRATION

Grounds for the Application, To Indicate Grounds in The Notice of Motion Is Mandatory and Failure to Do So Is Fatal

GUIDANCE AS TO THE LODGEMENT OF DOCUMEMTS-A DOCUMENT IS TAKEN TO HAVE BEEN LODGED ON THE DATE WHEN IT WAS ENDORSED AND UPON PAYMENT OF THE REQUIRED FEE

Guidance as to the Lodgment of Documents, Upon Payment of Fee, Revision Must Be Filed Within 60 Days

High Court power to transfer – Transfer must be under s.256A(1)/s.274(1) CPA; transfer under wrong/non-existent provision nullifies proceedings; same Resident Magistrate with extended jurisdiction must take plea and conduct trial

he Right to Appeal Against an Ex Parte Judgement is Automatic, No Need to Set Aside, One Cannot Challenge Both an Order to Proceed Ex-Parte and Merit

He Who Alleges Must Prove Even Where the Case Proceeds Ex-Parte

He Who Alleges Must Prove, Issuance of A Certificate of Occupancy, Proof of Fraud in Civil, Definition of Issues

He Who Alleges Must Prove, Parties Are Bound by Their Pleadings, Matters Not Raised in Lower Court

He Who Alleges Must Prove, Transfer of Land without Approval, Order Not Challenged and Overturned by a Superior Court, Remains to Be Valid

HE WHO ALLEGES MUST PROVE

HE WHO ALLEGES MUST PROVE-STANDARD OF PROOF IN CIVIL MATTERS

HIERACHY OF THE COURT IN MAINLAND TANZANIA AND ZANZIBAR

High Court Has No Jurisdiction to Extend Time to File the Letter Requesting Documents, Application to Strike Out a Notice of Appeal

HIGH COURT IS OUSTER POWER TO ENTERTAIN MATTERS AFTER A NOTICE OF APPEAL IS FILED AT THE CAT

HUMAN ERROR AS GROUND FOR EXTENSION OF TIME

Identification parade — Victim gave only a physical description and did not name the assailant — Failure to hold identification parade renders alleged identification a dock-identification and unreliable — Proof beyond reasonable doubt not established — Conviction quashed.

identification by recognition: failure to name or describe at earliest opportunity undermines reliability; Cautioned statement — section 58(3) CPA requires certification by recording officer; lack of certification renders statement inadmissible and expunged; Prosecution burden — without reliable ID or admissible confession, case not proved beyond reasonable doubt.

improper statutory transfer of appeal to Resident Magistrate (extended jurisdiction) – nullity of appellate proceedings; Evidence – chain of custody of seized trophy broken – conviction unsafe; Retrial inappropriate where prosecution evidence suffers serious credibility defects

Insanity defence – Obligation to commit accused for psychiatric examination under s.220 CPA and await report before trial proceeds; failure prejudices fair trial; nullification and remittal ordered

Identification of accused – Dock identification without prior identification parade – inadmissible/unsafe; failure to call material witness – adverse inference; proof beyond reasonable doubt in rape prosecutions

Identification — Visual identification unsatisfactory where lighting and sleeping arrangements not proved; Circumstantial evidence — victim unconscious during incident; Evidence — failure to call material witnesses permits adverse inference; Proof — prosecution must prove identity beyond reasonable doubt in sexual/unnatural offence cases.

Interpreter requirement – section 227 CPA – duty of trial court to provide and properly swear interpreter – failure to record/swear interpreter to interpret between court language(s) and witness’s native language – inadmissibility of interpreted evidence – fatal irregularity – retrial ordered under section 6(2) AJA.

Information and duplicity — Conspiracy and substantive offence charged together; committal proceedings — compliance with section 246(2) CPA; evidence — witness must take oath or affirmation; identification — section 60(1) CPA and PGO 232(b); cautioned statements — voluntariness, retraction/repudiation, corroboration and co‑accused confessions (Evidence Act s.33); standard of proof beyond reasonable doubt.

instruction fee – application of Ninth Schedule (Item 8) – consultation fee subsumed in instruction fee – conversion of foreign-currency bills to TZS – exchange-rate evidence must be pleaded – scope of Order 48 (1/6 rule) in taxation proceedings – appellate interference with taxing officer’s discretion.

interlocutory injunction – requirements: prima facie case; irreparable injury; balance of convenience – adequacy of damages as remedy – refusal where irreparable loss not shown.

instruction fees – quantum v. principle – deference to taxing officer – limited judicial interference on quantum

Injunction – Requirement of pending suit – Affidavit attestation – Conflict of Interest – Limitation period in caveat registration – Authority of receiver-manager in crises.

IMPORTANCE OF STATING REASONS IN CHANGING A PRESIDING JUDICIAL OFFICER IN A CASE

INSTITUTION OF APPEALS TO CAT

IRREGULARITY REGARDING THE LETTER REQUESTING DOCUMENTS FOR APPEAL PURPOSES -DECISION SHALL BE READY FOR COLLECTION WITHIN NOT LESS THAN 21 DAYS

INTERPRETATION OF THE CLAUSE “WITHOUT GOOD CAUSE”AS IT APPEARS UNDER REGULATION 13(2) OF THE GN No. 174 OF 2003

INCOMPETENT MATTER SHOULD BE STRUCK OUT AND NOT DISMISSED

Ignorance of the Law or Pursuing a Wrong Remedy is Not a Good Cause for Extension of Time, Illegality as a Ground for Extension of Time

IGNORANCE OF THE LAW OR RATHER PROCEDURE INVOLVED IN DOING SOMETHING DOES NOT CONSTITUTE GOOD CAUSE TO WARRANT EXTENSION OF TIME

IISUES OF LAW, AND ISSUES OF FACTS, WHETHER ISSUES OF LAW MAY DISPOSE OF THE CASE OR PART OF IT, COURT MUST DETERMINE ISSUES OF LAW FIRST

Illegality as a Ground Foe Extension of Time, Extension of Time Upon Good Cause Being Shown

Illegality as a Ground for Extension of Time, A Single Justice Should Not Deal with the Substantive Issues

Illegality as a Ground for Extension of Time, Account for Each Day of Delay

Illegality as a Ground for Extension of Time, Account for Each Day of Delay, Financial Constraint is Not a Sufficient Reason

Illegality as a Ground for Extension of Time, Account for Each Day of Delay, The Office of the Attorney General Receive Reports Through Information,

Illegality as a Ground for Extension of Time, Affidavit from Another Person, Applicant Must Promptly Apply for Extension of Time

Illegality as a Ground for Extension of Time, Cannot Apply where the Avenue for Addressing the Illegality at the Lower Court are not Blocked

Illegality as A Ground for Extension of Time, Delaying Tactics, Once is Accident, Twice is Coincidence, and Thrice is Deliberate

Illegality as a Ground for Extension of Time, Extension of Time Upon Good Cause Being Shown

Illegality as a Ground for Extension of Time, Extension of Time Upon Good Cause Being Shown,

Illegality as a Ground for Extension of Time, Grounds for Extension of Time Must Be Stated in Notice of Motion, Extension of Time to File Extension

Illegality as a Ground for Extension of Time

Illegality as a Ground for Extension of Time, Illegality by Itself is Sufficient, Account for Each Day of the Delay, Rules of the Court Must Be Obeyed,

Illegality as a Ground for Extension of Time, Illegality by Itself is Sufficient,

Illegality as A Ground for Extension of Time, Illegality by Itself is Sufficient, Factors for Extension of Time

Illegality as a Ground for Extension of Time, Illegality by Itself is Sufficient

Illegality as a Ground for Extension of Time, Interference with Discretional Powers, Dating Error On Judgment is Excusable Keyboard Mistake

Illegality as A Ground for Extension of Time

Illegality as a Ground for Extension of Time, Requirement to Account for Each Day of Delay

Illegality as a Ground for Extension of Time, Single Justice Hearing an Application Should Refrain from Entertaining Substantive Issues

– Interlocutory Proceedings – Meaning of interlocutory proceeding – “Interlocutory proceedings defined” Civil Practice and Procedure – Preliminary Objection – Preliminary Objections under the Court of AppealRules – Preliminary Objections to Applications – Rule 100 not applicable

Illegality as a Ground for Restoration, Way Forward When a Party is Late to Entered Appearance in Court, Grant of Application for Restoration

Illegality as A Sole Ground for Extension of Time

ILLEGALITY AS A SOLE GROUND FOR EXTENSION OF TIME

Illegality as Aground for Extension of Time, Extension of Time Upon Good Cause Being Shown, Factors for Extension of Time

ILLEGALITY AS GROUND FOR EXTENSION OF TIME

ILLEGALITY AS GROUND FOR EXTENSION OF TIME-IT CANNOT BE TAKEN INTO ACCOUNT WHERE THERE IS SUFFICIENT FACTUAL JUSTIFICATION TO WARRANT GRANT OF AN EXTENSION OF TIME

Illegality, Account for Each Day of Delay, Factors for Extension of Time

Illegality, Technical Delay, Delaying Tactics, Second Bite is Not an Appeal, It is a New Battle, Factors for Extension of Time

IMMUNITY FROM LEGAL PROCEEDINGS, HOW CONFERRED, WAIVER OF IMMUNITY EXPRESS AND IMPLIED, WAIVER EX POST FACTO, PRELIMINARY OBJECTIONS AND THEIR EFFICACY-JUDCIAL

IMMUNITY FROM LEGAL PROCEEDINGS, HOW CONFERRED, WAIVER OF IMMUNITY, EXPRESS AND IMPLIED, WAIVER EX-POST FACTO PRELIMINARY OBJECTIONS AND THEIR EFFICACY, JUDICIAL

IMPORTANC OF SERVIVING THE RESPONDENT WITH THE NOTICE OF APPEAL

IMPORTANCE OF PLEADINGS

IMPORTANT RULES WITH REGARD TO DOCUMENTS ATTACHED IN PLEADINGS

Improper Raising of PO Does Nothing but Unnecessarily Increase Costs, Service of the Notice of Appeal on the Respondent

In an Application for Extension of Time, The Applicant Has to Account for Each Day to The Delay

In an Application for Revision Initiated by a Party, The Party Must Attach a Copy of the Proceedings to the Notice of Motion

In Determining Whether the Suit is Time Barred the Court Has to Look on the Pleading, Parties Are Bound by Their Pleadings

IN DISGUISE

In One Appeal There Cannot Co-Exist More Than One Certificates of Delay, No Two Certificates of Delay in One Appeal

IN ONE APPEAL THERE CANNOT CO-EXIST MORE THAN ONE CERTIFICATES OF DELAY

IN THE ABSENCE OF SPECIFIC STATUTORY PROVISION PROVINDING FOR THE RIGHT OF APPEAL, ONE CANNOT INVOKE ARTICLE 13(6) (a) OF THE CONSTITUTION

Inadvertence is Not Sufficient Cause for Extension of Time, Account for Each Day of Delay, Time Illegality as a Ground for Extension of Time

INCOMPETENT MATTERS CANNOT BE DISMISSED

INCOMPLETE RECORD OF APPEAL-FAILURE BY THE APPELLANT TO INCOPORATE THE NECESSARY DOCUMENTS IN THE RECORD OF APPEAL-LEAVE TO FILE A SUPPLEMENTARY RECORD OF APPEAL

INHERENT JURISDICTION, STATUTE CONTAINING SPECIFIC PROVISION UNDER WHICH THE COURT MAY BE MOVED TO TAKE A PARTICULAR ACTION, INHERENT POWERS OF THE COURT SHOULD NOT BE INVOKED FOR SUCH

INHERENT POWER OF THE COURT CASES

INHERENT POWERS, COURT LOOKING AT RECORDS OR RECEIPT BOOK TO DETERMINE CORRECT DATE, WHETHER PROPER

INJUCTIVE RELIEF, PRAYER FOR INJUNCTIVE RELIEF IN THE ABSENCE OF A SUIT PENDING IN COURT, WHETHER THE COURT MAY GRANT THE RELIEF

INJUNCTION CASES

Issues – Issues of law — and Issues of fact – Where issues of law may dispose of the case or part of it — Court must determine issues of law first – Order 14, rule 2 of the Civil Procedure A Code 1966. Company law – Foreign company- Certificate of compliance by foreign company — Whether a foreign company not incorporated in its own country can take out a Certificate of compliance in Tanzania

Institution of Civil Appeals to the Court of Appeal, Defective Certificate of Delay

INTERCUTORY ORDERS

INTEREST & COSTS CASES

INTERIM INJUNCTION, WHEN IT CAN BE GRANTED WITHOUT SERVING NOTICE ON THE RESPONDENT, ORDER 37 RULE 4

INTERIM ORDER, WHETHER COURT MAY GRANT AN INTERIM RESTORATION ORDER WHERE ITS JURISDICTION IS CHALLENGED, SECTION68 AND ORDER xxxvii

INTERISM EXPARTE ORDER

INTERPRETATION OF THE PHRASE THE PARTIES AS USED UNDER RULE 65(6) OF THE CAT RULES

INTREST ON DAMAGES, WHETHER BANK RATE APPLICABLE

INVALID DECREE BEFORE THE HIGH COURT

INVOLMENT OF ASSESORS IN THE HIGH COURT (LAND DIVISION)

INVOLVEMENT OF ASSESORS IN THE DISTRICT LAND AND HOUSING TRIBUNAL

Involvement of Assessors in The District Land and Housing Tribunal (DLHT)

Involvement of Assessors in the District Land and Housing Tribunal

Involvement of Assessors in The District Land and Housing Tribunal,

Involvement of Assessors in the District Land and Housing Tribunal, Precondition of Obtaining Leave Before Filing Any Representative Suit

Involvement of Assessors in The District Land and Housing Tribunal

Identification evidence — application of Waziri Amani criteria; Material contradictions in witnesses’ accounts undermining credibility; Improper production of documentary exhibits (cautioned statement, PF3) — expunged; Failure to prove charge beyond reasonable doubt — conviction quashed

Involvement of Assessors in The Land Tribunal for Zanzibar

Involvement of The Assessors in The High Court Land Division, Failure to Record the Opinion of Assessors

IRREGULARITIES OR NON-COMLIANCE WHICH DO NOT GO TO ROOT OR SUBSTANCE OF THE MATTER

IRREGULARITY IN PRIMARY COURT PROCEEDINGS, JUDGEMENT SIGNED BY MAGISTRATE ONLY AND NOT SIGNED BY ASSESSORS, WHETHER CURABLE

IRREGULARITY IN THE TRIAL PROCEEDINGS, WHETHER APPELLATE COURT MAY VARY OR ALTER THE DECISION SECTION 37(2) OF THE MAGISTRATE COURT ACT

ISSUANCE AND SERVICE OF SUMMONS-ABSENCE OF AN AFFIDAVIT OF PROOF OF SERVICE

ISSUE NOT FRAMED AT THE COMMENCEMENT OF THE HEARING BUT PLEADED IN THE PLAINT AND EVIDENCE ADDUCED ON IT IN COURT

ISSUE OF JURISDICTION CAN BE RAISES AT REVIEW STAGE

ISSUE OVERTAKEN BY EVENTS, CONSEQUENCE THEREOF ORDER XXXVII RULE 2 OF THE CPC AND GN 508 OF 1991 AND SECTION 28 OF CHAPTER 129

Issues of Jurisdiction Must Be Determined First, An Issue Raised by The Parties Should Be Resolved, The Right to Be Heard

ISSUES

IT IS ONLY THE ATTORNEY GENERAL WHO HAS ARIGHT TO APPLY TO THE COURT TO BE JOINED AS AN INTERESTED PARTY IN THE INTENDED APPEAL IN A CASE HE WAS NOT A PARTY

IT IS THE DUTY OF THE APPLICANT TO LODGE WITH THE COURT OF APPEAL RECORD OF THE PROCEEDINGS SOUGHT TO BE REVISED

IT IS THE DUTY OF THE COURT TO DETERMINE ISSUES BROUGHT BEFORE IT

Jurisdiction — transfer to magistrate with extended jurisdiction — improper use of s.45(2) MCA for original murder trial — absence of reasons for transfer — proceedings nullity — conviction and sentence quashed — retrial ordered (remit to High Court).

Jurisdiction – Defective consent and certificate by the Director of Public Prosecutions – Nullity of proceedings – Chain of custody concerns – Discretion against ordering retrial – Appellate Jurisdiction Act s.6(2)

Jurisdiction – absence of transfer order to SRM with Extended Jurisdiction; DPP’s consent under EOCCA – defective consent vitiates trial jurisdiction; retrial discretionary where evidentiary gap renders retrial a miscarriage of justice; conviction quashed and appellant released.

Joinder of the Attorney General with court leave at execution stage is permissible and does not render proceedings incompetent. execution proceedings – lifting corporate veil – joinder of Attorney General – Order VI r.17 amendment with leave – retrospective application of procedural law – joinder at execution stage does not alter decree

Jurisdiction of magistrates with extended jurisdiction — Requirement for formal appointment/re-transfer by Judge in Charge — Proceedings before an unauthorised magistrate are a nullity — Conviction quashed and retrial ordered

jurisdiction and competence — material civil/shareholding dispute — criminalisation of civil wrongs — courts ought to quash proceedings where core issue is civil, absent overwhelming independent criminality; nullification of proceedings and quashing of convictions in economic crime context.

JUSTIFICATION FOR NON APPEARANCE OF AN ADVOCATE TO THE DLHT

Joinder of a Necessary Party, Joinder of a Principal Debtor

Joinder of Causes of Action, Kadhi Court Has Exclusive Jurisdiction on Matrimonial Disputes

JOINING THE GOVERNMENT AS A THIRD PARTY TO THE CASE

JUSTIFICATION OF THE DLHT TO ORDER THE MATTER TO PROCEED EX-PARTE OR TO DISMISS THE APPLICATION FOR A PARTY WHOSE ADVOCATE IS IN DEFAULT

JOINT MEMORANDUM NOT FILED BUT ALL FACTS DISPUTED IN THE WRITTEN SUBMISSIONS, WHETHER PROCEEDINGS WERE REGULAR

JUDGE IS OBLIGED TO DECIDE ON EACH AND EVERY ISSUE FRAMED

JUDGE ORDERS BILL OF COSTS TO BE PRESENTED BEFORE A TAXING OFFICER FOR TAXATION

JUDGE REVOKES AND REPLACES HIS EX-PARTE JUDGEMENT, WHETHER PROPER FOR A JUDGE TO DO, PRINCIPLE OF FUNCTUS OFFICIO

JUDGEMENT IN PERSONAM VS JUDGEMENT IN REM

JUDGEMENT TOO SCANTTY AND CONTAINED IN ONLY TWO SENTENCES, WHETHER MEETING THE REQUIREMENTS OF THE JUDGEMENT

JUDGEMENT, CONTENT OF JUDGEMENT

JUDGMENT NOT SIGNED BY ASEESSORS CASES

Judgment on Admission, Framing of Issues, He Who Alleges Must Prove, Submissions Are Explanations, Assessment of General Damages

Judicial Service Commission is Vested with the Power of Terminating Employment of Judicial Officers, Corruption Case

JURIDICTION, WHEN THE ISSUE OF JURISDICTION CAN BE RAISED

JURISDICTION FOR REVIEW BY A JUDGE WHO MADE ORIGINAL DECISION SOGHT TO BE REVIEWED

Jurisdiction is the First Issue the Court Should Ask Itself, Parties Must be Heard on New Issue, Failure to File Written Submission

JURISDICTION ISSUE MUST BE APPARENT

JURISDICTION OF DISTRICT COURT MAGISTRATES, WHETHER ONE DISTRICT MAGISTRATE MAY OVERRULE ANOTHER DISTRICT MAGISTRATE

JURISDICTION OF PRIMARY COURTS OVER REGISTERED LAND INMATTERS OF PROBATE AND ADMINISTRATION

JURISDICTION OF THE COURT OF APPEAL TO REVIEW ITS OWN DECISIONS

– jurisdiction – claim for general damages – requirement to plead specific quantum to confer pecuniary jurisdiction; improper pleading of a specific amount as general damages; preliminary objections – striking out for want of jurisdiction.

Jurisdiction of the Courts – Civil proceedings in respect of immovable property held under customary law – Whether High Court has jurisdiction – Section 2(1) of the Judicature and Application of Laws Ordinance and s. 63(1) of the Magistrates’ Courts Act 1984 Courts-Jurisdiction ofthe High Court-Power ofthe High Court to grant leave for proceedings to commence in a court other than the primary court

Joinder and Misjoinder of parties -Directors joined as co-defendants in a suit against their company -Whether the D directors are proper or necessary parties – Order I rule 10(2) of the Civil Procedure Code 1966 Civil Practice and Procedure – Pleadings – Verification of pleadings – Written statement of defence signed by advocate only and without express authorization by the defendants – Whether the verification is valid Civil Practice and Procedure – Pleading

JURISDICTION OF THE COURT, WHETHER PARTIES MAY, BY AGREEMENT, CONFER JURISDICTION ON COURT

JURISDICTION OF THE COURTS, CIVIL PROCEEDINGS IN REPECT OF IMMOVABLE PROPERTY HELD UNDER CUSTOMARY LAW, WHETHER HIGH COURT HAS JURISDICTION SECTION2(1) OF HE JALA, SECTION 63(1) OF MCA

Jurisdiction of the Executing Court, A Summary Dismissal

JURISDICTION OF THE PRIMARY COURT IN PROBATE MATTERS INVOLVING CHRISTIANS

Jurisdiction of the Primary Court to Appoint Administrators of Estates, Factors to Consider, Definition of Interest in the Deceased Estate

JURISDICTION SUPERVISORY JURISDICTION OF THE HIGH COURT, WHETHER GRNATING CERTIORARY ON GROUNDS OF ERROR OF LAW AMOUNTS TO HEARING AN APPEAL FROM AN ADMINISTRATIVE TRIBUNAL, APPEAL AND

JURISDICTION. PRELIMINARY OBJECTIONS CASES

JURISDICTION

JUSTICES OF THE CAT HAVE NO POWER TO POKE THEIR NOISES INTO THE RECORD OF THE HIGH COURT

JOINING A PARTY IN AN APPLICATION FOR STAY OF EXECUTION WHILE HE WAS NOT A PARTY TO PREVIOUS PROCEEDINGS-JOINDER OF NECESSARY PARTY

Jurisdiction. Pecuniary Jurisdiction is determined by specific damages but not exclusively subject matter competence and lowest competent forum must be considered – Primary Courts lack jurisdiction over common law Torts (…………) Striking out solely on pecuniary grounds may deny access to justice.

Late service was irregular but non-jurisdictional; taxing officer’s 5% instruction fee and taxation were upheld. service under Order 7(3) — procedural irregularity versus jurisdiction; Bill of costs — Order 55(3) defect cured by striking out offending items; Instruction fee — taxing officer’s discretion, 3%–7% scale, interference only for error of principle or manifest excess/low.

Leave granted to 140 villagers to file representative suit over alleged unlawful disposal of village school. Representative suit – Order 1 Rule 8 Civil Procedure Code – Requirement of common interest and mandate – Proof by meeting minutes/signatures – Ownership dispute premature at leave stage.

Locus standi of successor in title – Transfer of decree by operation of law (Order XXI r.15) – Judicial notice of Government Gazette – Attachability of mortgaged residential property (s.54(1)(e) Civil Procedure Code).

Limitation of actions – breach of contract – accrual of cause of action – six‑year limitation (Item 7, Schedule to the Law of Limitation Act) – parties bound by pleadings – demand notice and subsequent events do not alter accrual – lack of jurisdiction – nullity of proceedings.

LOCUS STANDI

– Limitation of Time to lodge an appeal – Computation of time in which an appeal may be lodged – Point at which time starts to run — Rule 83(1) ofthe Court ofAppeal Rules 1979 Certificate – Certificate issued by the Registrar under rule 83(1) of the Court of Appeal Rules 1979 — Presumption that certificate is right and regular

LAWS GGOVERNING APPEALS TO THE COURT OF APPEAL

Lack of Proof of Service, The Law Governing Issuance and Service of Summons, Right to be Heard, MARY MCHOME MBWAMBO

LIMITATION OF MINISTER POWER TO EXTENDING TIME

LIMITATIONS ON APPLICATION FOR SETTING ASIDE THE EX-PARTE JUDGEMENT AT THE DHLT

The Law on Affidavits and Verification Clauses

Lack of Proof Service, Reason to Set Aside Ex-Parte Judgement

Lacunae in CPC

Law and Principles Governing Review, A Party is Not Restricted to Execute a Decree by Any Particular Mode, Decree Can be Attached, A Nullity Decision

Law Governing Acquisition of Lands, Person with Certificate of Title is the Owner, Valuation for Compensation of the Land, Indefeasibility Principle

LAWS GOVERNING APPEALS TO THE CAT FROM THE HIGH COURT

LEAVE CO DEFENDANT NOT GIVEN OPPORTUNITY TO CROSS EXAMINE WITNESSES AND TO DEFEND HIMSELF AGAINST THE SUIT, A DENIAL OF JUSTICE

LEAVE GRANTED BY THE HIGH COURT OUTSIDE PRESCRIBED PERIOD

Leave to Appeal in Land Matters, A Second Bite Application for Leave to Appeal Must Be Filed Within 14 Days

Leave to Appeal in Land Matters, The Law Before 2018

LEAVE TO APPEAL IN LAND MATTERS-THE LAW BEFORE 2018

LEAVE TO APPEAL REFUSED BY HIGH COURT

LEAVE TO APPEAL TO THE COURT OF APPEAL CASES

LEAVE TO APPEAL TO THE COURT OF APPEAL

LEAVE TO APPEAL, APPLICATION FOR LEAVE TO APPEAL TO THE COURT OF APPEAL, APPLICATION TO BE MADE TO THE HIGH COURT FIRST

LEAVE TO DEFEND A SUIT CASES

LEAVE TO DEFEND A SUMMARY SUIT, ORAL APPLICATION TO FILE SUPPLEMENTARY AFFIDAVIT BY AN ADVOCATE RECENTLY INTRUCTED ORDER xxxv RULE 3 AND ORDER XIL RULE 2 OF THE CIVIL PROCEDURE CODE

LEAVE TO FILE SUPPLEMENTARY RECORD OF APPEAL CANNOT BE GRANTED TWICE -EXTENSION OF TIME THE SUPPLEMENTARY RECORD

Leave to File Supplementary Record, Service of the Letter Requesting for Proceedings is Within 30 Days

LEAVE TO REVOKE A SUBMIT TO ARBITRATION

LEAVE TO THE APPELLANT TO LODGE A SUPPLEMENTARY RECORD OF APPEAL TO INCLUDE OMITTED DOCUMENTS

LEGAL CONSEQUENCE OF LODGE APPEAL; OUT OF TIME

LEGAL CONSEQUENCES IN THE EVENT THE SCHEDULED SPEED TRACK EXPIRES-ORDER VIIIA OF THE CPC

LEGAL ISSUES ON APPEAL, WHETHER A LEGAL ISSUE NOT RAISED AT THE TRIAL MAY BE RAISED ON APPEAL

LEGAL PRINCIPLES WHICH GOVERN APPLICATION FOR REFERENCE

Letter Requesting Documents for Appeal Must Be Filed Within 30 Days, A Time Barred Appeal Cannot Be Remedied by Overriding Objective Principle,

LETTER TO THE REGISTRAR ASKING FOR PROCEEDINGS

LIMITATION OF TIME FOR SUITS, COMPUTATION OF TIME OF LIMITATION FOR A SUIT PREVIOUSLY, ITEM 34 AND 52 OF THE SCHEDULE TO THE LAW OF LIMITATION

LIMITATION OF TIME TO APPEAL, COMPUTATION OF TIME, TIME SPENT TO OBTAIN A COPY OF THE DECREE OR ORDER

leave to appeal discretionary – leave to appeal refused where proposed appeal would be futile; injunction requires proprietary interest – loss of title defeats interim relief – alleged breach of contract to be determined in substantive proceedings

LIMITATION OF TIME TO APPEAL, PERIOD OF THIRTY EIGHT DAYS PASSES FROM DATE OF RECEIPT OF COPY OF JUDGEMENT

Limitation of Time — Arbitration — Whether there is a period of limitation for a petition to set aside arbitration award — Section 21 of the Law of Limitation Act 1971, or Item 21 of Part III of the First A Schedule there to. Arbitration — Awards – Petition to set aside an award – Whether such petition is a suit or an application – Section 15 of the Arbitration Ordinance Chapter 15, and rules 5 and 6 of the Arbitration Rules 1957 Civil Practice and Procedure – Appeals – Matter not canvassed in the trial High Court – Whether competent to raise the matter on appeal

LIMITATION OF TIME TO LODGE AN APPEAL, COMPUTATION OF TIME IN WHICH AN APPEAL MAY BE LODGED, POINT AT WHICH TIME STARTS TO RUN

LIMITATION OF TIME, CONSEQUENCES THEREOF, HIGH COURT FINDS THAT AN APPLICATION FILED WAS TIME BARRED, WHETHER SUCH APPLICATION MAY BE DISMMISSED OR STRUCK OUT

LIMITATION ON THE MINISTERS POWER OF EXTENDING PERIOD OF LIMITATION

Limitation of time -Power of the High Court to extend time tofile appeal- CivilAppealfrom the District Court filed in time but erroneously filed in the High Court instead of the District Court as required under the law – Whether High Court may extend time to file the appeal in the proper court – Sections 25(1) and (3) of the Magistrates Courts Act 1984 and 21(1) of the Law of Limitation Act 1971

LIMITATION PERIOD IN RESPECT OF APPLICATION FOR STAY OF EXECUTION IN COURT OF APPEAL, REASONABLE TIME WITHIN WHICH TO APPLY

Lodging of Pleadings — Time Prescribed for lodging – written statement of defense – Application for extension of time to file written statement of defence not made before the expiry of the period prescribed for lodging written statement of defence – Whether the application is competent – Proviso to rule 2 of Order 8 of the Civil Procedure Code Civil Practice and Procedure – Jurisdiction of courts to entertain suits – Objection to pecuniary jurisdiction – Stage at which the objection may be taken Civil Practice and Procedure – Appeals from decisions of Resident Magistrate Court – Whether appeal lies from ex-parte judgement – Order 19, rule13(2) of the Civil Procedure Code

LIMITATION, ACKNOWLWDGEMENT OF TIME BARRED DEBT AND PROMISE TO PAY IT

LIMITATION, QUESTION OF LIMITATION AND JURISDICTION OF THE HIGH COURT NOT RAISED AT THE TRIAL AND THE COURT OF THE FIRST INSTANCE DID NOT MAKE A DECISION ON IT

LITIGANT DOUBTING AS COUNSEL FOR HIMSELF, WHETHER ACCORDS AND ACCEPTED PRACTICE

Litigation Must Come to an End, Account for Each Day of Delay, Factors for Extension of Time,

LOCUS STANDI CASES

LOCUS STANDI IN SUBSEQUENT APPLICATION TO RESTORE THE SUIT

Locus Standi, Litigant can never benefit from his own wrongs -land-appeal-no-

LOCUS STANDI

LODGING OF PLEADINGS, TIME PRESCRIBED FOR LODGING WRITTEN STATEMENT OF DEFENCE

LOST FILE

Material variance between charge particulars and evidence led the appellate court to quash the unproven theft conviction. variance between charge particulars and evidence – failure to prove particulars beyond reasonable doubt – amendment of charge – second appeal may interfere where lower courts misapprehend evidence causing unfair conviction

murder conviction based on circumstantial evidence – identification of stolen property by registration number and IMEI – doctrine of recent possession – admissibility and weight of extra‑judicial confessions recorded before Justices of the Peace – retracted confessions admissible if voluntary and corroborated – failure to call some witnesses not necessarily fatal

Material variance between charge particulars and evidence — Requirement to amend under s.251(1) CPA — Gang rape — Victim identification and credibility — Failure to prove beyond reasonable doubt

murder – circumstantial evidence and doctrine of last seen – admissibility of postmortem report (requirement to call author under CPA s291/310) – admissibility of statements (Evidence Act s34B compliance) – notice to call additional witness (CPA s289) – chain of custody of exhibits.

Murder – circumstantial evidence – last person seen – oral confession – corroboration required – failure to call material witnesses – adverse inference – conviction unsafe.

murder – circumstantial evidence – proof beyond reasonable doubt – identity of deceased – chain of custody of exhibits – failure to call material witness – adverse inference – reliability of cautioned statement

Misregistration in the e‑CMS and seeking extension to pay court fees contrary to Rule 21(3) rendered the application incompetent. Electronic filing — e-CMS misregistration of parties — Rule 26 (titling documents) — e-case file as core record (Rule 9) — Rule 21(3) fee payment: seven‑day rule and deemed rejection — no extension contemplated — Rule 24 technical‑difficulty remedy not invoked — amendment cannot cure fundamental incompetence — striking out with liberty to refile subject to limitation.

Must raise a pure point of law apparent on pleadings – Mukisa Biscuits principle; Res judicata – Plea requires facts showing prior final adjudication; If existence or effect of prior suit is disputed, issue requires evidence and is not a preliminary objection; Land dispute – ownership claim

Mareva injunction

MEANING OF PLEADING-PARTIES ARE BOUND BY THEIR PLEADINGS AND THAT ANY EVIDENCE PRODUCED BY ANY OF PARTIES WHICH DOES NOT SUPPORT THE PLEADED FACTS OR IS VARIANCE WITH PLEADED FACTS MUST BE IGNORED

MANIFEST ERROR APPARENT ON THE FACE OF RECORD AS A GROUND FOR REVIEW

MINISTER’S POWER TO EXTEND TIME

Manifest Error On the Face of Record as A Ground Foe Review, No Appeal or Revision Lies Against Interlocutory Decision

Mandatory service of memorandum and record of appeal — Rule 79/90 — Failure to serve respondent renders appeal incompetent; joinder of successor party requires leave under Rule 85(2); rectification not permitted once mandatory rules breached.

MANIFEST OR APPARENT ERROR ON THE FACE OF THE RECORD

MATTER NOT PLEADED OR TAKEN IN THE TRIAL COURT, WHETHER THE MATTER CAN BE RAISED ON APPEAL

MATTER NOT PLEADED

MATTER REFEREED TO THE HIGH COURT BY RESIDENT MAGISTRATE WITHOUT ANY OPINION BY THE MAGISTRATE ON ANY DOUBTFUL QUESTION OF LAW, WHETHER THE MATTER IS CORRECTLY REFERRED TO THE HIGH COUR

Matters for reference to arbitration- contract requiring all matters referred to arbitration to be reffered first to Engineer

MATTERS REFFERRED TO ARBITRATOR WITHOUT FIRST REFERRING THEM TO ENGINEER AND WHETHER ARBITRATOR HAS JURISDICTION TO ENTERTAIN THEM

Meaning of Costs to follow the Event- Attachment of a Judgment or Decree in a Taxation Cause

MEANING OF JUDGEMENT

MEANING OF PLEADING-AN ORDINARY SUIT IS INITIATED BY FILING IN COURT A PLAINT-MEANING OF A PLAINT

MEANING OF PRELIMINARY OBJECTION, TESTS OF WHAT CONSTITUTES A PRELIMINARY OBJECTION

MEANING OF REGISTRAR, WHETHER THE REGISTRAR OF THE LART TRIBUNAL IS ALSO REGISTRAR UNDER THE COURT OF APPEAL RULES

MEDIATION PROCESS, ORDER FOR COSTS MAY BE MADE AGAINST DEFAULTING OR UNPREPARED PARTY UNLESS EXCEPTIONAL CIRCUSTANCES , ORDER 84 RULE 5 OF CPC

Mediator of the CMA Has No Jurisdiction to Proceed Ex-parte, Procedure Governing Labour Dispute Resolution, Mediation Must be Completed with 30 Days,

MEMORANDUM OF APEAL ACCOMPANIED BY DECREE NOT AN ORDER, WHETHER THE APPEAL IS PROPERLY BEFORE THE COURT

MEMORANDUM OF APPEAL FILED WITHOUT ATTACHING TO IT A CERTFIED COPY OF THE DECREE APPEALED AGAINST

Majeure (freezing) injunction – availability pending statutory notice expiry but not pending and filing of suit – prohibition of perpetual injunction; Government proceedings Act section 6 (2) – statutory 90 day notice requirement – defective service of notice fatal: Locus Standi – preliminary objection arising from the pleadings

MEMORANDUM OF REVIEW

MEMORANDUM SOULD ACCOMPANINED BY DECREE NOT ORDER

MINISTER’S POWER TO EXTEND PERIOD OF LIMITATION

MISJOINDER OF PARTIES, MEANING OF PROPER PARTY AND NECESSARY PARTY

MISSING RECORD

Notice to the trial court suffices under s382(1)(a); clerical errors in lower court judgments must be corrected by that court before appeal. Notice of intention to appeal – s382(1)(a) requires notice to the trial court, not the High Court – service on respondent not mandatory absent prejudice; Correction of judgment – clerical error curable by trial court – record remittal required; Appeal struck out with leave to regularise and refile

Narcotics trafficking; jurisdiction — mandatory DPP consent for economic crimes; failure to procure consent renders proceedings a nullity; chain of custody and seizure certificate defects; retrial refused where retrial would prejudice accused

National Park and Wildlife offences — DPP consent for economic offences — Presence at disposal hearings — Chain of custody for seized trophies — Proof beyond reasonable doubt.

Negligence in recording the hearing time is not sufficient cause to set aside a dismissal under Order IX r.6(1).

Non-joinder of the borrower and its director required joinder; omission of an explicit cause date was not fatal at preliminary stage.

NAME OF PARTIES IN A CASE

NATURE OF SUPPLEMENTARY RECORD OF APPEAL

NO NOTICE IS REQUIRED PRIOR TO THE ISSUANCE OF JUDGEMENT ON ADMISSION

NO APPEAL LIES AGAINST INTERLOCUTORY ORDERS

NATURAL JUSTICE CASES

NEED AND TIME TO FILKE NOTICE OF APPEAL

Negligence of Advocate is Not a Good Ground, Illegality as a Ground for Extension of Time, Technical Delay as a Ground,

Nemo Dat Quod Non Habet, No One Can Give a Title That He Does Not Have, Conditions to Prove Adverse Possession, Public Document

New Complaints Cannot Be Raised in Written Submissions, Appeals from DLHT to High Court is by Way of Petition, Matters Not Raised in Lower Court

NO APPEAL LIES AGAINST INTERLOCUTORY ORDER

No Appeal Lies Against Interlocutory Order, Definition of Suit

No Appeal Lies Against Interlocutory Order

No Appeal Lies Against Interlocutory Orders

NO APPEAL LIES AGAINST THE DECISION REJECTING THE APPLICATION FOR REVIEW

No Appeals Against Intercullatory Order Unless Has Effect of Finalise the Suit, Abuse of Court Process is Not Allowed

No Instructions No Representation, Advocate Cannot Prosecute a PO on Behalf of a Party Who is Not His Client, Two Certificates of Delay

NO JUDGEMENT CAN BE BEYOND CRITICISM-NOT EVERY ERROR WILL JUSTIFY A REVIEW

No Judgment is Perfect, A Point Law Cannot Be Divorced from the Facts, Abstract, Distinction Between a Question of Law and a Question of Fact

No Judgment of the Court Can Attain Perfection

No Need to Attach Any Document in an Application for Reference, Procedure for Initiating an Application for Reference,

No Omnibus Application

NO PRELIMINARY OBJECTION WILL BE FROM ABSTRACTS WITHOUT REFERENCE TO SOME FACTS PLAIN ON THE PLEADINGS OR RECORD OF APPEAL

NON DISCLOSING CAUSE OF ACTION, DEFENDANT HAVING A DEFENCE TO EACH ALLEGATION RAISED IN THE PLAINT, WHETHER THAT MEANS THERE IS NON DISCLOSURE OF CAUSE OF ACTION

NON JOINDER OF PARTIES, WHETHER AN ESSENTIAL PARTY NOT JOINED TO AN ACTION MAY BE JOINED AT THE STAGE OF FORMULATING THE JUDGEMENT

Non-Appearance of the Plaintiff, the Suit Shall be Dismissed Not Struck Out, the Remedy is to Apply to Set Aside the Dismissal Order Not Fresh Suit

Non-Compliance Which Do Not Go to The Root of the Matter Can Be Overlooked, Defective Certificate of Delay

Non-Inclusion in the Record of Appeal the Letter of the Registrar Notifying the Appellant That the Requested Documents Are Ready for Collection

Non-Inclusion in the Record of Appeal the Letter of the Registrar Notifying the Appellant that the Requested Documents Are Ready for Collection,

Non-Inclusion in the Record of Appeal the Letter of the Registrar, When the Appeal is Struck Out, So the Notice of Appeal, Informal Collection of Documents,

NOT APPEALLABLE TO THE HIGH COURT, REVISIONAL POWERS OF THE HIGH COURT

Not Every Dispute Can Be Determined by BAKWATA, Any Person Can Inquire in Court the Status of Any Member of Body Corporate, No PO from Abstracts

NOTICE OF ADDRESS, FAILURE TO GIVE NOTICE OF ADRESS

NOTICE OF ADMISSION OF CASE

NOTICE OF ADMISSION OF DEBT, JUDGEMENT ON ADMISSION

NOTICE OF APPEAL AND JURISDICTION OF THE HIGH COURT, EFFECT OF LOGING A NOTICE OF APPEAL ON THE JURISDICTION OF THE HIGH COURT, WHETHER THE HIGH COURT STILL HAS JURISDICTION OVER A MATT

NOTICE OF APPEAL LODGED AFTER THE DECISION IS MADE BUT BEFORE THE REASONS FOR THE DECISION ARE GIVEN, WHETHER THE NOTICE OF APPEAL IS LEGALLY COMPETENT

Notice of Appeal Must Be Filed Within 30 Days, Not Necessary for a Copy of the Judgment to Accompany the Notice of Appeal

NOTICE OF APPEAL TO BE FILED IN THE HIGH COURT

NOTICE OF CROSS APPEAL TO THE COURT OF APPEAL WAS SERVED SEVEN DAYS AFTER NOTICE OF APPEAL

NOTICE OF MOTION CITING A WRONG OR NON-EXIST PROVISION OF LAW, WHETHER VALID

NOTICE OF MOTION, FAILURE TO SERVE NOTICE OF MOTION THE RESPONDENT TWO CLEAR DAYS BEFORE THE HEARING, EFFECT THEREOF

NOTICE TO SUE GOVERMENT, REQUIREMENT OF

oath/affirmation — mandatory requirement under section 212(1) CPA; unsworn witness evidence vitiates proceedings and has no evidential value. Evidence — key witness expunged — remaining evidence must independently and reliably prove guilt beyond reasonable doubt. Confession/alleged admissions — need testimony of recipients to corroborate and rely upon them in conviction

Order XXI rule 87-80 CPC, proclamation of sale; functus officio: right to be heard, natural justice, judicial vs administrative order, revision jurisdiction.

OVERRIDING OBJECTIVE PRINCIPLE- RECORD OF APPEAL SHOWS JUDGMENT WHICH IS DATED THE 12TH DAY OF APRIL, 2016 WAS DELIVERED ON 20TH/ 4/2016, WHILE THE PROPER DATE OF ITS PRONOUNCEMENT IS 12/4/2016-WHETHER THE PRINCIPLE CAN BE INVOKED TO GRANT THE APPELLANT TIME TO OBTAIN AND FILE A SUPPLEMENTARY RECORD OF APPEAL CONISTING OF A PROPERLY DRAWN DECREE

OUSTING THE JURISDICTION OF COURTS

OBJECTION ON A POINT OF LAW CHALLENGING THE JURISDICTION

OBJECTION PROCEEDINGS

ONCE THE MATTERS IS STRUCK OUT, IT IS AS IF NOTHING WAS FILED IN COURT, THE COURT CANNOT BE FUNCTUS OFFICIO

ONCE AL PARTIES ARE BEFORE THE COURT FOR HEARING OF A MATTER WHICH WAS PARTLY SOUGHT TO PROCEED EX-PARTE AND AFTERWARDS INTER-PARTIE, THE COURT SHOULD PROCEEDINTER-PARTIES

OBLIGATION OF THE CAT IN THE SECOND BITE APPLICATIONS

ORDER REFUSING TO SET ASIDE EXPARTE JUDGMENTS

OBJECTION PROCEEDINGS, DUTY OF THE COURT IN OBJECTION PROCEEDINGS

OBJECTION TO THE JURISDICTION OF ARBITATOR

OBLIGATION TO FRAME ISSUES-AMENDEMENT OF THE FRAMED ISSUES-THE PURPOSE IF FRAMING ISSUES-THE COURT IS DUTY BOUND TO DECIDE ON EACH AND EVERY ISSUE FRAMED

OMMISION TO TO CITE PROVISION UNDER WHICH OBJECTION IS BROUGHT IS FATAL

ONCE A NOTICE OF APPEAL TO THE COURT OF APPEAL HAVE BEEN DULY LODGED, THE HIGH COURT CEASES TO HAVE JURISDICTION OVER THE MATTER

Once an Appeal is Lodged in a Superior Court, The Subordinate Court Lacks the Prerequisite Jurisdiction to Entertain the Matter

Once is Accident, Twice is Coincidence and Thrice is Deliberate, Technical Delay, Revision is Not Alternative To Appellate Jurisdiction

One Cannot Be Allowed to Lodge Supplementary Record of Appeal Twice, Failure to Indicate the Proper Case Number is Curable

One Cannot Be Allowed to Ride Two Horses at The Same Time, The Doctrine of Res-Subjudice,

online date is the date of filing

OPINION OF ASSESSORS IN PRIMARY COURT

ORDER ADVESERLY AFFECTS THE APPLICANT WHO WAS NOT A PARTY TO THE SUIT AND NOT HEARD BEFORE

ORDER IX RULE 6 OF THE CPC WHETHER IT APPLIES ONLY WHEN THE SUIT IS CALLED FOR HEARING ON THE FIRST OCCASION ORDER XVII, RULE 2

ORDER OF ATTACHEMENT AND SALE OF PROPERTY OWNED BY THE JUDGEMENT DEBTOR AND A THIRD PARTY, WHETHER THE PROPERTY MAY BE ATTACHED

ORDER TO PROCEED EXPARTE

OUSTER OF STATUTORY PROVSIONS BY CASE LAW, PROCEDURE OF RAISING CONSTITUTIONAL QUESTIONS, THE VIENNA CONVENTION

OVERRIDING OBJECTIVE PRINCIPLE

prosecution proved abuse of office, embezzlement, and causing loss beyond reasonable doubt. abuse of office, embezzlement and causing loss to a specified authority – elements and proof beyond reasonable doubt; relevance and contradictions in witness evidence; plea-bargain/repayment claims and failure to produce proof.

Prosecution must prove embezzlement beyond reasonable doubt; inconsistent records failing to isolate accused’s collections warrant acquittal. burden of proof beyond reasonable doubt; embezzlement/misappropriation – elements (public official and dishonest misappropriation); attribution of revenue to accused; evidentiary inconsistencies in collection history and audit reports; renewal of contractual obligations by conduct; caution against criminalising civil/contractual disputes

Plea of guilty — Equivocal/imperfect plea where plea, charge and facts conflict; Amendment of charge — alteration without court order invalid; Retrial — discretionary refusal where retrial risks prosecutorial improvement prejudicial to accused

Partly heard matters — Transfer of trial — Absence of recorded transfer order renders subsequent proceedings nullity; conviction and sentence quashed. Insanity plea — substantive issues not determined due to jurisdictional defect. Order for retrial left to prosecutorial discretion within fixed period.

plea of guilty — unequivocal plea — elements of offence — accused’s comprehension and admission of ingredients — admission of exhibits after plea — armed robbery.

Proof of age and penetration – Medical (PF3) and victim evidence admissible and sufficient; absence of birth certificate not fatal. Criminal law – Sexual exploitation of children (s.138B(1)(a)) – Elements of offence must be specifically proved; mere receipt of dowry insufficient. Criminal procedure – Right to call witnesses – applicant's failure to apply to call additional witnesses after s.248 address is fatal

Plea of guilty — Requirements for an unequivocal plea (proper charge, comprehension, admission to each ingredient, and facts establishing elements) — Appeal limitations under s.381(1) CPA — Admission of PF3 and birth certificate as supporting exhibits

Plea of guilty – Requirement that prosecutor state facts and accused be given opportunity to admit, dispute or explain them – Seven procedural steps for a valid plea – Failure to obtain accused’s confirmation of facts vitiates conviction and sentence – Remittal for retrial.

Plea of guilty – Equivocal or ambiguous plea – Effect of statements amounting to partial recantation – Variance between charge particulars and facts – Remedy: quash conviction and remit for trial.

Plea of guilty – Requirements for unequivocal plea under section 228(1)/s245 CPA – Charge and ingredients explained in language understood – Record accused’s own words – Interpreter and language safeguards – Equivocal plea vitiates conviction – Remedy: quash and remit for fresh plea.

Perishable exhibits disposal – Police General Orders No.229 para 25 – accused’s right to be present and heard – admissibility of inventory/disposal order – expungement and quashing of conviction

Plea of guilty — Equivocal plea — Facts read must disclose all elements of the offence — Rape: ingredients (penetration, place, reporting, PF3/clinical exam) — Prosecution cannot cure defective facts post‑plea by relying on investigation dockets (Fatehali Manji).

PF3 properly admitted; Evidence Act s.152 — no fixed number of witnesses but adverse inference when material witnesses omitted; Sexual offences — penetration and age proved but identity not established beyond reasonable doubt; Second appeal — interference warranted where lower courts misapprehend evidence.

Proof beyond reasonable doubt – Contradictions between witness accounts and medical/PF3 dates – Failure to call police/gender desk officers – Variance between charge and evidence – Requirement to amend charge under section 251(1) CPA – Appellate interference where lower courts misapprehend material evidence

Plea of guilty — Unequivocal plea requires facts disclosing every ingredient of the offence — Convictions unsafe where admitted facts do not implicate accused in all elements — Remittal for trial de novo.

Plea of guilty – Section 245(2) CPA – Accused disputes material facts – duty to vacate plea and record not guilty – failure vitiates proceedings – revisional jurisdiction section 6(2) AJA – quashing conviction and remitting for fresh plea.

proof beyond reasonable doubt — material contradictions in prosecution evidence — inadmissible/defective cautioned statement — failure to produce documentary admission — conviction unsafe.

proof beyond reasonable doubt; confession – cautioned statement and oral confession inadmissible if involuntary; extra-judicial statements – compliance with Chief Justice’s Circular required; witness affirmation – section 212 CPA; insufficiency of circumstantial evidence.

plea of guilty — unequivocal plea removes need for exhibits; statutory rape — mandatory life sentence; PF3 non-reading not fatal; language of charge must be understood.

Plaintiff’s claim struck out for instituting a representative suit without court leave under Order I Rule 8. Representative suit – Order I Rule 8 CPC – leave required to sue on behalf of others; Authority to sue – power of attorney must be pleaded/annexed; Competence of plaint – pure point of law; Preliminary objection – striking out for incompetence

Preliminary objection must arise from the pleadings as a pure point of law — Where resolution requires evidence on disputed facts, the point is not a preliminary objection (Mukisa test)

Proper parties — corporate body must be sued, not official in personal name; State officers not proper personal defendants; Companies Act s.291 — leave required to sue company in liquidation; deposits insurance board as liquidator appointed by central bank treated as court-appointed liquidator.

Pleadings: cause of action and time of accrual must be pleaded in the plaint; defendant’s written statement of defence cannot be used to decide jurisdictional/time-bar POs; res judicata/res sub judice requires pleading and evidence; counterclaim compliance with Order VIII r.9(2) and Order VII r.1(f),(i) – facts showing jurisdiction and statement of value; late rejoinder expunged.

Prohibition of legal argument, opinion and conclusion in affidavits — Expungement vs striking out — Extension of time applications — Foundational vs inconsequential affidavit defects.

Preliminary objection — Mukisa Biscuits principle — locus standi to sue for/on behalf of another entity — passing off (unauthorised use of trade name) vs trade mark infringement — Trade and Service Marks Act s.30 — Order VII r.1(f) CPC — facts showing court’s jurisdiction in the plaint.

– Proceedings against a corporate body – Court action against the decision of a meeting of an organ of a cooperative union – Whetherproceedings may be instituted against that particular organ Civil Practice and Procedure -Nonjoinder ofparties – Whether an essential party notjoined to an action may be joined at the stage of formulating the judgment – Order I rule 10(2) ofthe Civil Procedure Code 1966 Administrative Law

Pleadings must disclose cause of action against each defendant. Necessary parties – Government proceedings Act (90 days Notice) – notice must specify basis and relief – defective Notice and failure to plead liability.

PRINCIPLE OF OVERRIDING OBJECTIVE-WHETHER THE ADMISSION OF EXHIBIT P 10 THAT IS, THE STATEMENT WHICH WAS MADE BY THE LATE ABASI MINGOLE INFINGED THE PROVIONS OF SECTION 34B (1) (c) OF THE TANZANIA EVIDENCE ACT [CAP 6 R.E 2002]

PRIORITY IN DETERMINATION OF PRELIMINARY OBJECTION

PARTIES NOT TO BE PUNISHED FOR ERRORS COMMTTED BY COURTS

PURPOSE OF GENERAL DAMAGES

PROCEDURE TO SET ASIDE AN EX PARTE JUDGMENT

PROCEDURE FOR SET ASIDE EXPERTE JUDGMENT

POSITION WHERE THE DEFENDANT WANT TO CHALLENGE BOTH THE ORDER TO PROCEED AND MERIT OF FINDINGS OF EXPARTE JUDGMENT

PRELIMINARY OBJECTION SHOULD NOT BE VAGUE

PROOF OF ATTENDANCE TO A SUPERIOR COURT BY AN ADVOCATE WHO HAS A MATTER BEFORE THE DISTRICT LAND AND HOUSING TRIBUNAL

PROCEDURE FOR INITIATING AN APPLICATION FOR REFERENCE IN THE COURT OF APPEAL

POWER OF THE JUDGE ON APPEAL TO RAISE ANY MATTER SUO MOTU-PARTIES MUST BE GIVEN THE RIGHT TO BE HEARD

PARLIAMENTARY IMMUNITY, EFFECT OF GRANT OF CERTIFICATE OF JURISDICTION OF THE COURT

PARREL SUITS BETWEEN SAME PARTIES IN THE SAME ISSUE

PARTIES ARE BOUND BY THE SUBMISSION TO DISPUTE SETTEMENT AGREED UPON BY THEM

Parties Are Bound by Their Pleadings, Court Cannot Grant Reliefs Not Prayed For, He Who Alleges Must Prove, Principle of Adverse Inference

Parties Are Bound by Their Pleadings, The Quantum of Compensation for Unfair Termination, Prior Consultation On the Impending Redundancy,

PARTIES ARE BOUND BY THEIR PLEADINGS

Preliminary objection – Point of law factual inquiry; Tanzania Airport Act 2024 – s. 4(1) – Capacity to Sue and be Sued; Joinder of parties – order I Rule 10(2) of CPC – Striking out improperly joined party – Substitution of proper party; Costs in the cause.

PARTIES CANNOT DURING TRIAL DEPART FROM PLEADINGS

PARTIES GRANTED LEAVE TO MAKE SUBMISSIONS ON POINTS OF LAW ONLY INSTEAD OF CALLING WITNESSES

Parties in the Proceedings Should at Any Given Time Appear as They Did in the Previous Proceedings, Change of the Names of a Party

Parties Right to Raise Concerns During the Hearing

Proof of title – burden of proof under Evidence Act section 117(1); admissibility and timing of documents – Reg. GN No. 174/2023 Reg. 10(2)-(3), Reg. 14; exhibits inconsistent with pleadings inadmissible, production after close of case requires leave and proof of authenticity.

PARTY CLAIMING SPECIAL DAMAGES WITHOUT PROOF OF DAMAGE SUFFERED IN BUSINESSES THAT HAVE NO CONNECTION WITH THE PURPOSE OF THE OVERDRAFT FACILITY

PARTY CLAIMING SPECIAL DAMAGES WITHOUT PROOF OF DAMAGE SUFFERED

PECUNIARY JURISDICTION, DETERMINATION OF PECUNIARY JURISDICTION OF THE COURTS, WHETHER GENERAL DAMAGES ERRONEOUSLY QUANTIFIED MAY AFFECT THE JURISDICTION OF THE COURT

PERIOD WITHIN WHICH TO LODGE AN APPEAL TO THE COURT OF APPEAL

PETITION AGAINST CITY CASES

PETITION INCOMPETENT BECAUSE NOT ACCOMPANIED BY ORIGINATING SUMMONS

PLAINT NOT DISCLOSING A CAUSE OF ACTION AND PLAINTIFF NOT HAVING A CAUSE OF ACTION, DIFFERENCE BETWEEN THE TWO

PLEA OF GUILTY, WHETHER AND UNDER WHAT CIRCUMSTANCES A CONVICTION ON AN ACCUSED PERSON’S OWN PLEAD OF GUILTY IS APPLICABLE, SECTION 360(1) OF THE CPA

PLEADED CASE WAS AN WRONGFUL RETIREMENT WHILE APPELLANT WAS UNDER INTERDICTION

PLEADING STATING A SPECIFIC AMOUNT OF GENERAL DAMAGES PRAYED FOR, WHETHER PROPER

PLEADINGS DOES NOT DISCLOSING CAUSE OF ACTION

Pleadings for Suits by or Against Companies Must Be Signed and Verified by the Secretary or Director or Other Principal Officer

PLEADINGS, FINAL SUBMSSIONS NOT CONFINED TO PLEADINGS, WHETHER PROPER

PO Must Be Determined First, Once a PO is Raised, it Must Be Determined First Before the Substantive Case is Heard and Determined

PO Must Be Determined First, Power to Direct a Departure from The Rules, Dispense with the Service, Power of HC Commercial to Control PTC

POINT OF LAW RAISED AT APPELLATE LEVEL

POWER OF RESIDENT MAGISTRATE TO EXTEND TIME TO APPEAL

POWER OF REVISION, CONDITIONS FOR INVOLKING THE COURT’S POWER OF REVISION, SECTION4 OF AJA

POWER TO INTERFERE WITH CONCURRENT FINDINGS

Preliminary objection – locus standi / capacity to sue – registered and trustees as separate juristic person – Regulate to show compliance with 90 day notice to sue Grant – Pleadings and annexures examined at preliminary stage.

POWER TO REVIEW DECISIONS WHICH ORIGINATES FROM THE PRIMARY COURT

POWERS OF THE CAT TO REVIEW ITS OWN DECISIONS

POWERS OF THE COURT OF APPEAL TO COMMENCE REVISIONAL PROCEEDINGS ON ITS OWN IS NOT TIME BOUND

POWERS OF THE COURT OF APPEAL TO STAY A DECREE OR AN ORDER OF ANY COURT SUBORDINATE TO THE HIGH COURT

Powers of the Court of Appeal to Stay Execution of a Decree or an Order of Any Court Subordinate to the High Court, Conditions for Stay

POWERS OF THE COURT TO MAKE ORDERS THE HIGH COURT SHOULD HAVE MADE, APPELLATE JURISDICTION ACT

POWERS OF THE HIGH COURT TO GRANT LEAVE FOR PROCEDINGS TO COMMENCE IN A COURT OTHER THAN THE PRIMARY COURT, WHETHER HIGH COURT MAY ORDER PROCEEDINGS TO COMMENCE IN ITSELF SECTION 63(1)

POWERS OF THE JUDGE TO INTERFERE WITH QUESTIONS OF QUANTUM OF COSTS

Powers of the Village Council to Allocate Village Land, Illegalities Must Be Apparent On the Face of Record, Matters Not Raised in Lower Courts

POWERS TO RE-EVALUATE EVIDENCE TAKEN BY TRIAL COURT AND TO MAKE FACTUAL FINDINGS THEREFROM, APPELLATE COURT CAN MAKE FACTUAL FINDINGS BASED ON A DOCUMENTS NOT ADDUCED AT THE TRIAL

PRELIMINARY OBJECTION BASED ON THE SERVICE OF THE NOTICE OF APPEAL AND MEMORANDUM OF APPEAL IS A POINT OF LAW

Preliminary Objection Must Be on Pure Point of Law, There Can Be No Pure Point of Law Where There Are Facts That Require Proof by Evidence

PRELIMINARY OBJECTION SHOULD NOT CONTAIN LAW AND FACTS

PRELIMINARY OBJECTION(S) CANNOT BE ANSWERED BY ANOTHER PRELIMINARY OBJECTION

PRELIMINARY OBJECTION, CONTENTS THEREOF

PRELIMINARY OBJECTION

Revisional Powers – Decision oftrial courtfalls under the provisions of s.5(2)(a)(i) of the Appellate Jurisdiction Act 1979 – Whether powers of revision and not an appeal may be invoked to challenge the decision Civil Practice and Procedure – Change ofAdvocates – Whether change of advocates in handling case constitutes sufficient cause amounting to special circumstances under s.3(4) of the Appellate Jurisdiction Act 1979 as amended by Act No. 17 of 1993 Civil Practice and Procedure – Appeal – Right to appeal – Decision made under order XV rule 1 of the Civil Procedure Code 1966 -Whether the decision is appellable Civil Practice and Procedure – Limitation oftime – Application for revision filed 14 months after decision – Whether or not the application is time barred

Representative suit – Order 1 Rule 8(1) CPC – Mandatory requirement to obtain leave to sue – Locus standi – Competence of suit – Nullity – Interference with concurrent findings of fact where there is a fundamental procedural irregularity.

PRESERVATORY MEASURES, WHETHER JUDGEMENT FOR MONETARY PAYMENTS IS A PRESERVATORY MEASURE

PRESERVATORY MEASURES, WHETHER MAY BE MADE IN THE ABSENCE OF A SUIT

PRESUMPTION THAT A FOREIGN JUDGEMENT WAS MADE BY A COURT OF COMPETETNT JUDISCTION SECTION 9 OF THE CPC

Presiding officer must sign each witness’s testimony – omission under proceedings; authentication of court records; Land dispute administration – company burden and limitation revised but not determined.

PRIMARY COURT MAY ACCEPT EVIDENCE APPEARS TO BE WORTHLY

PRIMARY COURTS, CIVIL PROCEEDINGS IN PRIMARY COURTS, NON APPERANCE BY CO-DEFENDANTS AT THE HEARING, CONSEQUENCES OF SUCH NON APPERANCE, RULE 26(1) OF THE PRIMARY COURTS CIVIL PROCEDURE

Principles Governing Application for Review, Review of the High Court Judgement

Principles Governing Reference, Illegality as a Ground for Extension of Time, The Award of Costs Follow the Event

Principles Governing Reference

Principles Governing References, Illegality as a Ground for Extension of Time

Principles Governing References, The Applicant Must Provide Sufficient Information to Enable the Court in Determining an Application

PRINCIPLES GOVERNING REVIEW

PRINCIPLES OF LAW EXTRACTED FROM THE COURT OF APPEAL CASES

PRINCIPLES TO TAKE INTO ACCOUNT WHEN CONSIDERATING SUCH APPLICATION

Priority Principle, Double Allocation, Effect of the Withdrawal of the Objection

PROBATE AND ADMINISTRATION PROCEEDINGS, WHERE SECTION 53(b) APPLIED, WHETHER NATURE OF PROCEEDINGS CHANGES INTO SUIT

PROCEDURAL LAW LACKING IN SOME MATERIAL PARTICULAR, WHETHER PROCEURE OBTAINING IN COMPARABLE JURISDICTION MAY BE ADOPTED, WHETHER VARIATION OF ADOPTED PROCEDURE IS PERMISSIBLE

PROCEDURAL LAW LACKING IN SOME MATERIAL PARTICULAR, WHETHER VARAIATION OF ADOPTED PROCEDURE IS PERMISSIBLE

Procedural Requirements in Relation to Institution of the Appeal Before the Court of Appeal

PROCEDURE CASES

PROCEDURE FOR INITIATING APPLICATION FOR REFERENCE

PROCEDURE GOVERNING A VISIT TO THE LOCUS IN QUO

Procedure in Joining the Legal Representative in Place of the Deceased, Effect of Non-Joinder of the Administrator

Procedure of Joining Legal Representative as A Party to the Case, Illegality as a Ground for Extension of Time, Illegality by Itself is Sufficient

PROCEDURE WHERE ONE OF SEVERAL PLAINTIFFS DIES AND RIGHT TO SUE SURVIVES-THE APPLICABILITY OF ORDER XXII RULE 3(1) and 2 of THE CPC

Proceeding with Execution Despite the Grant of the Ex Parte Order of Stay of Execution,

PROCEEDINGS AGAINST A CORPORATE BODY, COURT ACTION AGAINST THE DECISION OF A MEETING OF AN ORGAN OF A COOPRATIVE UNION, WHETHER PROCEEDINGS MAY BE INSTITUTED AGAINST THAT PARTICULAR ORG

PROCEEDINGS BEFORE THE WARD TRIBUNAL, APPEAL TO THE PRIMARY, SECTION 20(1) OF THE WARD TRIBUNAL ACT

PROOF OF FRAUD IN CIVIL CASES

PROOF OF MATTERS OF BOTH FACT AND LAW, CONSEL PRAY FOR AND ARE GRANTED LEAVE TO SUBMIT ON POINTS OF LAW ONLY INSTEAD OF CALLING WITNESSES

Proof of matters of both fact and law, counsel pray for and are granted leave to submit on points of law only instead of calling witness

Proving or establishing a case, Parties granted leave to make submissions on points of law only instead of calling witnesses, Proof of matters of both fact and law,

requirement to proceed on same information or valid amendment under s.276(2)/294(2) CPA — use of different information renders retrial a nullity — conviction quashed and retrial ordered; retrial may be ordered more than once.

reliance on cautioned statement – material variance with charge particulars – duty to amend charge (s234 CPA) – circumstantial evidence standards – failure to call material witnesses and tender exhibits (postmortem, CGC report, knife, jacket) – adverse inference – conviction quashed

Requirement to read and explain the charge and to record each accused's plea separately under section 245(1) CPA — Ambiguous/collective plea renders trial a nullity — Remedy: quash convictions and order retrial

Right to cross-examine a co-accused – Triggered only where testimony is mutually incriminating; failure to allow cross-examination not always fatal.\nCriminal law – Sexual offences – Complainant’s testimony is central; contradictions can render identification unsafe.\nEvidence – Medical corroboration of intercourse does not alone identify perpetrators.\nAppeal – Interference with concurrent findings where verdict is unsafe on the evidence

recognition, exposure time, lighting, contradictions, failure to call material witness; appellate re‑hearing and evaluation of evidence; conviction quashed for failure to prove guilt beyond reasonable doubt.

Right to understand proceedings – Mandatory duty to provide interpreter under section 227(1) CPA – Committal and preliminary hearing conducted without interpreter – Prejudice and nullity – Remedy: revisional nullification, quash convictions, remit for fresh committal before another magistrate with interpreter.

Rape – Proof beyond reasonable doubt – Contradictions between witness accounts and medical/PF3 dates – Failure to call police/gender desk officers – Variance between charge and evidence – Requirement to amend charge under section 251(1) CPA – Appellate interference where lower courts misapprehend material evidence.

Revisional powers cannot substitute a statutory right of appeal; appeal dismissed and costs borne by each party. Revision vs Appeal — Revisional jurisdiction discretionary and not a substitute for a statutory right of appeal; delay in obtaining records insufficient to displace appeal route; Primary Court jurisdiction over civil claims within pecuniary limits; suo motu exercise of revision not warranted.

Re-taxation showed disallowance exceeded one-sixth; under Order 48 the whole bill must be rejected; reference allowed. Advocate Remuneration Order (GN No.263/2015) Order 48 – effect where more than one-sixth of a bill (exclusive of court fees) is disallowed; re-taxation powers and review of taxing officer’s discretion; instruction fee under Schedule IX (12–15%).

Res judicata and limitation objections dismissed where causes, parties, and accrual dates differ and trespass is continuing.

Review granted to correct clerical errors: amend bank name and require auction in accordance with procedures.

requirement of a prior order for costs against the cited party — Taxing Officer’s jurisdiction — taxation certificate issued against non-condemned parties is invalid

Revision under AJA s.6(3) despite bar by Order XXI r.64 — Objection to attachment — Distinction between proprietary interest and possession — Effect of appointment of receiver and manager; locus standi to object — Nullity of proceedings where objector lacks possession.

REMEDY AGAINST THE ORDER DISMISSING AN APPLICATION UNDER REGULATION 13(2) of GN No 174 OF 2003

Refusal of certificate on point of law by HC is final and conclusive

RIGHT TO APPEAL AAGAINST EXPERTE JUDGMENT IS AUTOMATIC ONE

REQUEREMENT OF ATTACHING DOCUMENT ( S) IN APPLICATION FOR REFERENCE

RIGHT TO APPEAL AAGAINST EXPERTE JUDGMENT IS AUTOMATIC ONE

Proving or establishing a case, Parties granted leave to make submissions on points of law only instead of calling witnesses, Proof of matters of both fact and law,

Reason for The Court to Grant an Application for Restoration, Sickness as a Ground for Restoration

REASONS TO BE SICLOSED FOR REQUESTING THE COURT TO DISPENSE WITH SERVICE OF NOTICE, ORDER 37

Reception of Evidence in the CMA, Evidence Must Be Taken Under Oath

Reception of Evidence in The CMA, Evidence Must Be Taken Under Oath

Reception of Evidence in The CMA, Evidence Must Be Taken Under Oath, Failure to Append Signature in Proceedings, the CMA is a Court

Reception of Evidence in the CMA, Evidence Must Be Taken Under Oath

RECOMMENDATION TO THE CHIEF JUSTICE TO CONSTITUTE A FULL BENCH OF THE COURT TO DELIBERATE ON SOME PETRINENT ISSUES

RECORD AND MEMORANDUM OF APPEAL NOT ENDORSED BY THE REGISTRAR TO SIGNIFY THEIR LODGEMENT, EFFECT THEREOF,

RECORD OF APPEAL, RECORD OF APPEAL BEING INCOMPLETE, WHAT STEPS A PARTY MAY TAKE

REFERENCE BEFORE THE COURT OF APPEAL, APPLICATION IS CURABLE UNDER 107A(2)(e) of the Constitution

REFERENCE FROM DECISION OF SINGLE JUDGE

REFERENCE TO THE HIGH COURT

REFERENCE, PROCEDURE FOR FILLING, WHETHER A WRITTEN APPLICATION MUST BE SUPPORTED BY AFFIDAVIT

Registrar Has No Jurisdiction to Grant Leave to Appeal, Decision Dismissing Application for Extension of Time in Judicial Review, Is Appealable with Leave

RELEVANT FOR THE DETERMINATION OF APPEAL

Remedies for Breach of Contract, Loss of Expected Profits Falls Under the Category of Special Damages Must Be Specifically Pleaded and Proved,

Remedy Against a Default Judgment of High Court Commercial is to Set It Aside, Application for Extension of Time and Setting Aside a Default Judgment

REMEDY WHEN TACATION CAUSES ARE DISMISSED FOR WANT OF PROSECUTION BY REGISTRARS

REPRESENTATION BY RELATIVE MEMBER IN PRIMARY COURTS, PERSON REPRESENT THE OTHERS ADDUCED HEARSAY EVIDENCE

REPRESENTATIVE SUIT, LAW GOVERNING PROCEEDINGS OF A CIVIL NATURE IN PRIMARY COURTS, WHETHER THAT LAW MAKES PROVISION FOR REPRESENTAIVE SUITS,

REPRESENTATIVE SUIT, WHETHER THE STATUTORY PROVISIONS FOR REPRESENTATIVE SUIT APPLY TO THE DEFENCE

REPRESENTATIVE SUITS CASES

REQUEST FOR THE NECESSARY DOCUMENTS FOR APPEAL PURPOSES FROM THE REGISTRAR-WITHIN 30DAYS FROM THE DATE OF DECISION TO BE CHALLENGED

REQUIREEMENT OF LEAVE TO APPEAL TO THE COURT OF APPEAL

REQUIREMENT OF A CERTIFICATE OF DELAY WHERE AN APPEAL INVOLVES LEAVE TO APPEAL

Record of appeal – requirement that decree or order appealed against be included in the record (Rule 89(2)(v)) Civil Procedure Decree – Order 23 r.7 and Order 46 r.35(4) – decree/order must bear the date and be signed by the judge who pronounced the decision. Validity of decrees/orders – a decree signed by a judge other than the one who gave the judgment is invalid. Procedural cure – filing a supplementary record after a preliminary objection cannot cure an already existing defect; such appeals are incompetent and struck out. Preliminary objections – notice under Court Rules (Rule 100) and Court’s discretion to adjourn and hear substantive points

Review under rule 66(1) — Manifest error on face of record — Review limited to impugned judgment or order — Alleged unsworn testimony of witnesses — Revisional powers (s.4(2) AJA) not a substitute for appeal — Finality of judgments.

REQUIREMENT TO ACCOUNT FOR EACH DAY OF DELAY

REQUIREMENTS OR PRINCIPLES TO BE CONTAINED IN APPLICATION FOR EXPARTE

RES JUDICATA, ESSENTIAL ELEMENTS FOR APPLICATION OF THE PLEA OF RES JUDICATA

RES JUDICATA, ISSUE DECIDED IN PREVIOUS CASE WAS WHETHER THE FIRST RESPONDENT HAD BEEN SERVED WITH NOTICE OF APPEAL, ISSUE IN SUBSEQUENT CASE IS WHETHER THE APPLICANT HONESTLY BELIVED

Representative suits – Order 1, Rule 8 CPC – leave to sue on behalf of others must be obtained before filing the representative suit. Civil procedure – Form of application – leave to file representative suit must be a substantive/miscellaneous application, not an interlocutory application in a prematurely-filed suit.

RES JUDICATA. SUB .JUDICE CASES

RES JUDICATA

RES JUDICATA-LEADING CASE-PRINCIPLES APPLICABLE

RESPONDENT ALLEGES NOTICE OF APPEAL WAS NOT SERVED IN TIME

RESPONDENT AS SUCCESSOR TO THE ORIGINAL RESPONDENT, WHETHER HE COULD BE MADE A PARTY TO THE PROCEEDINGS WITHOUT THE LEAVE OF THE COURT

RETRIAL PRINCIPLES

REVIEW CASES

REVIEW IS BY NO MEANS AN APPEAL IN DISGUISE

Review is Not an Appeal in Disguise, Manifest Error on the Face of Record, Grounds for Review

REVIEW IS NOT AN APPEAL IN DISGUISE

REVIEW IS NOT ANA APPEAL

REVIEW POWERS, CIRCUSTANCES IN WHICH COURT APPEAL MAY REVIEW ITS OWN DECISION, WHETHER LIST OF SUCH CIRCUSTANCES IS CLOSED

REVIEW POWERS, CONDITION PRECEDENT FOR INVOKING REVIEW POWERS OF THE COURT

Review vs Appeal – Reuw lies any for error apparent on face of records cannot be used as an alternate to appeal or reuw – court funalis offe after granting withdrawal preliminary objection on jurisdiction as per provision of law

REVIEW POWERS, FULL BENCH OF THE COURT OF APPEAL, CIRCUSTANCES IN WHICH ONLY THE FULL BENCH MAY EXERCISE REVIEW POWERS

REVIEW POWETS, BENCH OF THREE JUDGES, WHETHER THE COURT OF APPEAL CONSISTING OF THREE JUSTICES MAY EXTEND THE LIST OF CIRCUSTANCES FOR REVIEW BEYOND THOSE STATED BY THE FULL BENCH

REVIEW, APPLICATION FOR REVIEW NOT ACCOMPANIED BY A COPY OF THE DRAWN ORDER SOUGHT TO BE REVIEWED, WHETHER FATAL TO THE APPLICATION

Review, Burden of Proof in Constructive Termination, Burden of Proof in Labour Matters, Grounds for Review, FABRICE EZAOVI v. KOBIL TANZANIA

Revision under Rule 65(4) — 60 days from date of decision — Time runs from pronouncement, not from awareness — Limitation Act inapplicable to extend Rule 65(4) — Lack of jurisdiction for late revision — Execution (attachment and sale) proceedings.

Revision — Rule 65(4) Court of Appeal Rules — sixty-day time limit — accrual from date decision pronounced — Limitation Act not applicable to extend time — out-of-time revision lacks jurisdiction — application struck out

REVIONAL JURISDICTION, MAY BE EXERCISED WHERE THE APPELLATE PROCESS HAS BEEN BLOCKED BY JUDICIAL PROCESS, WHETHER THE COURT OF APPEAL RULES AMOUNT TO A JUDICIAL BLOCK

Revision Against Interlocutory Decisions, No Revision Lies Against Interlocutory Decisions

REVISION CASES

– Review jurisdiction – scope and limits – error apparent on face of record required – three ingredients: error, manifestness, miscarriage of justice. Civil procedure – Review v appeal – reappraisal of evidence is appellate, not review relief.

Revision is Not an Alternative to an Appeal, Not Every Non-Appealable Order is Subject to Revision

Revision is Not an Alternative to Appeal

Revision is Not an Alternative to Appeal, Failure to File Affidavit in Reply, Failure to File Counter Affidavit

Revision is Not an Alternative to Appeal, Four Tests to Consider for the Court to Exercise Revisionary Powers

Revision is Not an Appeal in Disguise, Revision is Not an Alternative to Review, A PO Must Be Determined First

Revision is the Remedy Against the Decision of the High Court Rejecting the Application for Review, Grounds for Review, Scope of Review

Revision is the Remedy Where the Proceedings and Ruling of the High Court Are Tainted with Confusion

REVISION JURISDICTION OF THE COURT OF APPAEAL

REVISION SOUGHT IN MATTER THAT CAN BE APPEALED AGAINST, WHETHER REVISIONSL JURISDICTION MAY BE INVOKED

Retrospective Effect – Statute is amended to take away right of appeal – Whether the amendment has effect on an appeal that was already pending – Section 5(2)(d) of the Appellate Jurisdiction Act 1979, as amended by Act Number 25 of 2002. Appeal &mdash Court of Appeal Rules – Notice of Appeal signed for and on behalf of The Registrar. Whether the notice is valid – Rules 15 and 76 of the Tanzania Court of Appeal Rules 1979

REVISIONAL JURISDICTION OF THE COURT OF APPEAL-CONDITIONS WHICH MUST BE FULFILLED TO MOVE THE COURT OF APPEAL TO EXERCISE ITS REVISIONARY JURISDICTION

REVISIONAL POWERS OF THE HIGH COURT UNDER SECTION 79(1) OF THE CIVIL PROCEDURE CODE, APPLICATION RAISING MATTERS PROPER IN AN APPEAL, WHEN AN APPLICATION FOR REVISION SHOULD BE MADE

REVISIONAL POWERS, SERIOUS IRREGULARITIES IN THE THREE COURTS BELOW

REVISIONAL PROCEEDINGS, JURISDICTION OF HIGH COURT TO REVISE INTERLOCUTORY EX-PARTE ORDER

REVISIONSL POWERS OF THE HIGH COURT, APPLICANT FOR REVISION RISING SUBSTANTIAL ISSUES FOR DETERMINATION WHICH CAN COME ONLY BY WAY OF APPEAL, WHETHER REVISION POWERS MAY BE EXERCISED

REVOCATION OF CLAUSE FOR SUBMISSION TO ARBITRATION

Right to be Heard Has Exceptions, Failure to Invite Parties to Address the Issue Raised by Court While Composing Judgement, Principles Governing Review

RIGHT TO BE HEARD IS NOT ACHIEVED MERELY BY JOINING ON THE JUDICIAL PROCEEDINGS

RIGHT TO BE HEARD, PLANTIFF GRANTED A PRAYER FOR INTERIM INJUCTIVE ORDER AGAINST DEFENDANT,

RIGHT TO BE HEARD

RIGHT TO COUNSEL, RIGHT OF A PARTY TO DISMISS COUNSEL, DUTY OF JUDGE ON AN APPLICATION BY A PARTY TO DISMISS ADVOCATE

RIGHT TO REASONS FROM A DECISON MAKER

RIGHTS AND DUTIES OF PARTIES TO APPEAL RELATING TO SERVICE OF DOCUMENTS, FAILURE TO COMPLY WITH THE RULES AND EFFECT THEREOF

RULES OF COURT MUST BE OBEYED

RULING OR ORDER CASES

RULING PRINCIPLES GUIDING COURT IN GRANTING TEMPORARY INJUNCTION, WHATHER COURT MAY GRANT INJUNCTION IN BREACH OF EXPRESS CONTRACTUAL TERMS IN A LENDING AGREEMENT

Running of the Limitation Period Where a Party Writes to the Registrar Asking for Missing Part(s) of the Proceedings, MEHBOOB HASSANALI VERSI

RUNNING OF THE LIMITATION PERIOD WHERE PARTY WRITES TO THE REGISTRAR ASSKING FOR MISSING PART (S) OF THE PROCEEDINGS

REMEDY OF PLAINT WHICH DIDI NOT DISCLOSE CAUSE OF ACTION

REVIEW

Sentencing discretion under s198 and Guidelines for high‑level manslaughter, balancing late guilty plea and aggravating factors. Manslaughter under sections 195 and 198 Penal Code – s198 prescribes life as maximum not mandatory – sentencing discretion – Tanzania Sentencing Guidelines 2023: high‑level manslaughter (10 years–life) – aggravating factors: knife, vulnerable wound, initiation of fight, flight – mitigating factors: guilty plea (late), first offender, custody credit.

Statutory rape — Proof of age, penetration and identity — Victim’s testimony and corroboration — Prompt identification and delayed arrest — Non‑calling of investigating officer — Appellate deference to concurrent findings

search and seizure — warrant requirement; night searches and court permission (s.41 CPA); informer tip negating emergency exception; chain of custody — documentation and continuity; expungement of unlawfully obtained exhibits; insufficiency of prosecution case leading to quashing of conviction

Statutory rape – Proof of victim’s age – Sources of evidence (victim, parent, medical practitioner, birth certificate) – Inference under Evidence Act – Tangible evidence required where age is in controversy – Benefit of doubt – Sentence reduction from life to 30 years.

Sexual offences — Proof beyond reasonable doubt — Credibility of child complainant — Need for corroboration and caution — Material inconsistencies and contradictory investigative evidence — Medical (PF3) evidence inconsistent with alleged insertion — Interference with concurrent factual findings on second appeal.

Sickness supported by medical evidence can constitute good cause to grant an extension of time to appeal. Extension of time – Magistrates’ Courts Act s.25(1)(b) – good cause; Sickness/medical evidence as good cause; Delay not inordinate; Lyamuya guidelines on extension of time; Ex parte determination for failure to file submissions.

Silence in the plaint about compliance with mandatory pre-action ADR under Section 13 renders the suit incompetent and liable to be struck out.

Sickness of an advocate and bereavement justify setting aside dismissal only if inability to notify or secure representation is shown.

statutory 90-day notice to sue — requirement to send copy to Attorney General — mandatory pre-action notice — competency of suit — overriding objective cannot cure non-compliance — striking out for defective notice; inconsistency between plaint and notice.

sufficient cause – illegality and denial of audi alteram partem – non‑party affected by decision entitled to seek revision – time spent pursuing defective proceedings may be excusable; Law of Limitation Act s.14(1)

Summary procedure limited to statutory categories — Parties cannot contractually expand scope — Jurisdiction and competence — Written contract/settlement deed insufficient to confer summary jurisdiction unless within r.1(a)–(h).

Security for costs — Order XXV Rule 1 CPC — foreign plaintiff without Tanzanian immovable property — discretion on quantum — refusal to apply Advocates Remuneration Order as taxation matter — security fixed at USD 7,000

Service of memorandum of appeal — Rule 97(1) mandatory — Non‑compliance renders appeal incompetent; Court declined to determine other preliminary points or substantive issues concerning registration of foreign judgment.

Stay of execution – Timeliness of application – Whether applicant could await Deputy Registrar’s ruling before lodging appeal – Requirements under Rule 11: showing of substantial loss and provision of security (bank guarantee).

Stay of execution pending appeal — Applicant burden to demonstrate risk of irreparable loss — Failure to file replying affidavits treated as concession — Conditional stay requiring bank guarantee as security.

Stay of execution – Court of Appeal Rules (Rule 11(4),(5),(7)) – Timeliness of application – Requirement to show irreparable loss – Bank guarantee as security for stay.

– Set off or counter-claim from consequences of a mistake – Counter-claim presented nearly eight years after discovery of mistake — Whether the counter-claim is maintainable – section 41 of the Law of. Limitation Act 1971 Ranking – Vesting of liabilities after re-organization of NBC in 1997 – The NBC (Re-organization and Vesting of Assets and Liabilities) Act 1997

Stay of execution – Rule 11(4) 14‑day time limit – Rule 11(7)(d) requirement to attach notice of intended execution – Warrant of attachment – Overtaken by events – Exceptional circumstances where applicant unaware of execution.

Stay of execution — Rule 11(3) Court of Appeal Rules — Executable decree required — Dismissal decree non-executable — Preliminary objection on competence sustained.

Stay of Execution. Order XXI – Sharing sufficient cause and acting prompty after grant of extension of time; delay defeat stay; wrong citation curable under section 4 of CPC.

Stay of execution — Rule 11(5)(a) and (b) of the Court of Appeal Rules — Substantial loss — Security — Landed property as security — Uncontested application complying with procedural rules

Stay of execution — Court of Appeal Rules r.11(4), r.11(5)(a) & (b) — substantial loss — security requirements — bank guarantee acceptable; Garnishee Order Nisi as notice of execution; timing of stay application.

Stay of execution pending appeal – Compliance with Rule 11(4) & (5)(b) of the Tanzania Court of Appeal Rules 2009 – Security (bank guarantee) required to protect decretal rights – Balance of convenience – Undertaking to furnish security acceptable but court may set timeframe.

SPECIFIC DAMAGES

SUIT DISMISSED FOR FAILURE TO PRODUCE EVIDENCE AMOUNTS TO DECREE

SUIT INSTITUTED BEYOND PRESCRIBED LIMITATION PERIOD

SOME ORDER AMOUNTS TO DECREE

STATUS OF DOCUMENT THAT LACK SUPPLEMENTARY RECORD OF APPEAL

SERVICE OF SUPPLIMENTARY RECORD OF APPEAL

STATUS OF PREVIOUS PLEADINGS UPON AMENDMENTS

second appeal over concurrent findings of lower tribunals, courts will be reluctant in interfering with such concurrent findings.

SETTING ASIDE THE DISMISSAL ORDER IN AN APPLICATION FOR EXTENSION OF TIME TO SET ASIDE DISMISSAL ORDER, IS FATAL-DETERMINING THE MATTER WHICH IS NOT BEFORE THE COURT IS FATAL

Sale Agreement Without Stamp Duty

SAME COURT PRONONCES TWO JUDGEMENTS IN THE SAME CASE, WHETHER TRIAL WAS REGULAR AND VAILD

SANCITY OF A COURT RECORD-THERE IS ALWAYS A PRESUMPTION THAT A COURT RECORD ACCURATELY REPRESENTS WHAT HAPPENDED

SANCTITY OF A COURT RECORD-THERE IS ALWAYS A PRESUMPTION THAT A COURT RECORD ACCURATELY REPRESENTS WHAT HAPPENED

Stay of execution pending appeal — Filing of appeal and security — Substantial loss requirement situational — Garnishee orders and business disruption

Sanctity of Court Record, Affidavit from Another Person to Support Allegations, Principles Governing Reference

– Summary Procedure – Limitation of time to institute summary proceedings Civil Practice and Procedure – Summary Procedure – Limitation of time to institute summary proceedings – Whether an admission in the Written Statement of Defence waives the limitation period to institute summary proceedings – OrderXLII rule 9 ofthe Civil Procedure Decree Law of Limitation – Summary Procedure – Whether limitation is waived by an admission in the Written Statement of Defence – Order XLII rule 9 of the Civil Procedure Decree

Sanctity of Court Record, Illegality as a Ground for Extension of Time, Factors for Extension of Time,

Sanctity of Court Record, One Cannot Disown His Advocate After Losing the Case, Illegality

Sanctity of the Contract, Parties Are Bound by Their Agreements, Kesi ya Riba, Concurrent Findings of the Lower Courts Cannot Be Interfered

SANCTIVITY OF COURT RECORDS

second appeal over concurrent findings of lower tribunals, courts will be reluctant in interfering with such concurrent findings.

Setting aside Ex parte judgment – order IX rule 9 – sufficiency of cause for non-appearance – requirement for formal notice or documentary proof of conflicting court engagement – electronic filing classification (CMS subsequent doctrines) – destination between restoration procedure and setting aside of ex parte judgment.

SECOND APPEAL TO THE HIGH COURT, ADDITIONAL EVIDENCE BY WAY OF AFFIDAVIT TAKEN ON APPEAL SECTION 29 OF THE MAGISTRATE COURTS aCT

Second Bite, Where Extension of Time is Refused by the HC, the Same Must be in the CA, The Appellant Should Approach an Advocate for Legal Advice

Security as A Condition for Stay of Execution, A Property in Dispute Cannot Be Furnished as A Security

Security as a Condition for Stay of Execution

Stay of execution – timeliness of application – whether applicant could await Deputy Registrar’s ruling before lodging appeal – ruling before lodging appeal requirement under Rule 11; showing substantial loss; and provision of security (Bank guarantee). Requirement under Rule 11; showing substantial loss and provision of security (Bank guarantee).

Service of memorandum of appeal – Rule 97(1) mandatory – non-compliance renders appeal incompetent; Court declined to determine other preliminary points or substantive issues concerning recognition of foreign judgment.

Security as a Condition for Stay of Execution, Conditions for Stay of Execution, Waiver of Security

Security as a Condition for Stay of Execution, Shares as Security, Shares in the Company are an Acceptable Security

Security as a Condition for Stay of Execution, Where the Impugned Decree is Not Monetary

SECURITY AS CONDITION FOR STAY OF EXECUTION

SECURITY FOR COSTS CASES

SERVANT IN THE EXECUTIVE AGENCIES AND GOVERMENT INSTITUTION ARE GOVERNED BY THE PUBLIC SERVICE ACT

Service Fee Paid to Non-Resident is Liable to Withholding Tax, the Full Bench Has Jurisdiction to Depart from Previous Decision

Service of a Notice of Appeal as a Ground to Strike Out a Notice of Appeal, Service of the Letter Requesting for Proceedings

SERVICE OF MEMEORANDUM OF APPEAL AND RECORD OF APPEAL

SERVICE OF NOTICE OF MOTION ON THE RESPONDENT, TIME WITHIN WHICH THE RESPONDENT IS BE SERVED WITH A COPY OF THE NOTICE OF MOTION

SERVICE OF RECORD OF APPEAL, RECORD OF APPEAL SERVED ON ADAULT MEMBER OF THE HOUSEHOLD OF THE FAMILY OF THE RESPONDENT

Service of The Letter Requesting for Proceedings, Defective Certificate of Delay, Adjournment of The Case

Service of The Letter Requesting for Proceedings

Service of the Letter Requesting for Proceedings

Stay of execution pending appeal – Rule 11(4) & (5)(b) Court of Appeal Rules 2009 – firm undertaking to furnish security – judgment on admission – balance of convenience

sixty-day time limit — accrual from date decision pronounced — Limitation Act not applicable to extend time — out-of-time revision lacks jurisdiction — application struck out

Service of the Letter Requesting for Proceedings, the Overriding Objective Principle Cannot Be Applied Blindly

SERVICE OF THE LETTER REQUESTING FOR PROCEEDINGS

SERVICE OF THE LETTER REQUESTING FOR PROCEEDING-TIME FRAME TO SERVE THE LETTER TO THE RESPONDENT

SERVICE OF THE MEMORANDUM OF APPEAL AND THE RECORD OF APPEAL ON SUCH OTHER PARTIES TO THE ORIGINAL PROCEEDINGS

Service of the Memorandum of Appeal, Record of Appeal and Notice of Appeal on the Respondents, The Law on Service and Proof of Service

Service of The Notice of Appeal On the Respondent

SERVICE OF THE NOTICE OF APPEAL ON THE RESPONDENTS

SERVICE OF THE NOTICE OF APPEAL TO THE RESPONDENT

Service of the Notice of Appeal, Appeals to the Court of Appeal, Within 60 Days, Failure to Serve the Notice of Appeal

Service of the Notice of Appeal

Service of the Notice of Motion, Application to Strike Out the Notice of Appeal, A PO Must Be Based on Facts as Apparent on the Record

Service of the Notice of Motion, PO Must Be on Pure Point of Law

Service of The Notice of the Notice On the Respondents

Service on the Respondent, Whether the Respondent Was Properly Served is an Illegality for Extension of Time

SET OFF OR COUNTER-CLAIM FROM CONSEQUENCES OF A MISTAKE, COUNTER -CLAIM PRESENTED NEARLY EIGHT YEARS AFTER DISCOVERY OF MISTAKE, WHETHER THE COUNTER CLAIM IS MAINTAINTANCE SECTION 41 OF

SET OFF, APPELLANT’S REMEDIES, APPELLANT PAID EXPENSES FOR THE VEHICLE, WHETHER HE CAN RECOVER BY SET OFF

Sickness as a Ground for Extension of Time, Factors for Extension of Time, Time Spent for Preparation of an Application,

SICKNESS AS GROUND FOR EXTENSION OF TIME- MERE DISCHARGE FROM HOSPITAL IS NOT INDICATION OF FULL RECOVERY FROM SICKNESS

stay of execution – Rule 11 Court of Appeal Rules – requirements: timing and annexures, demonstration of substantial (irreparable) loss, and undertaking to furnish security – conditional stay pending appeal.

SOME ORDER AMOUNT TO DECREES

SPECIAL DAMAGES AWARDED WHERE THEY ARE NOT SPECIFICALLY PLEADED

SPECIAL DAMAGES MUST BE SPECIFICALLY PLEADED AND PROVED

SPECIFIC DAMAGES MUST BE SPECIFICALLY PLEADED AND STRICTLY PROVED

STAMP IMPRESSION OF THE ATTESTING NOTARY PUBLIC AND COMMISIONER FOR OATHS PLACED ON THE AFFIDAVIT, WHETHER THAT STAMP IMPRESSION IS PART OF THE JURAT

STANDARD OF PROOF IN CIVIL CASES BEFORE THE PRIMARY COURT

STANDARD OF PROOF IN PRIMARY COURT

STATUS OF AN AWARD PASSED WHILE AFFECTING THE RIGHTS OF A THIRD PARTY WITHOUT HIM BEING INVOLVED IN THE PROCEEDINGS

STATUS OF AN AWARD WHICH IS PASSED WHILE AFFECT THE RIGHTS OF A THIRD PARTY WITHOUT HIM BEING INVOLVED IN THE PROCEEDINGS

STATUS QUO, ORDER TO MAINTAIN STATUS QUO

STATUTORY PROVISION FOR WITHDRAWING NOTICE OF APPEAL

STATUTORY REQUIREMENT TO CONSULT WITH WORKERS ON INTENDED REDUNDANCY, AN APPLICATION FOR TEMPORARY INJUNCTION MAY GRANTED BEFORE CONSULTATION TAKES PLACE

STAY OF EXECUTION CASES

STAY OF EXECUTION OF A DECREE, APPLICATION FOR STAY OF EXECUTION IN COURT OF APPEAL, TIME WITHIN WHICH TO APPLY FOR STAY OF EXECUTION

Stay of Execution Where There is No Pending Appeal, Stay of Execution Pending Review

STAY OF EXECUTION, APPLICATION FOR STAY OF EXECUTION, NO REASONABLE GROUND TO STAY OF EXECUTION, WHETHER COURT MAY GRANT THE APPLICATION FOR STAY

STAY OF EXECUTION, DOUBTS AS TO TRUE OWNER OF PROPERTY IN PROCEEDINGS FOR STAY OF EXECUTION, ORDER OF STAY GRANTED

STAY OF EXECUTION, WHETHER LEAVE TO APPEAL IS A CONDITION PRECEDENT FOR GRANT OF STAY OF EXECUTION

Striking Out Appeal Has Effect of Striking Out the Notice of Appeal, Absence of a Letter from the Registrar, Collecting Documents Without Invitation

STUDENTS UNION, COMPETENCE TO INSTITUTE LEGAL PROCEEDINGS, STUDENTS ORGANIATION NOT REGISTRED AS SOCIETY

SUBMISSION OF ARBITRATION

Submissions Are Not Evidence, He Who Alleges Must Prove, Award of General Damages, Special Damages Must Be Specifically Pleaded and Proved

Substantial Loss a Condition for Stay Of Execution

SUBSTANTIAL LOSS AS A CONDITION FOR STAY OF EXECUTION-THE KIND OF LOSS MUST BE SPECIFIED, DETAILSOF LOSS MUST BE GIVEN’

SUIT AGAINST EXECUTIVE AGENCY

SUIT DIMISSED FOR NON-APPERANCE AND DEFENDENT GRANTED LEAVE TO PROVE CCOUNTER CLAIM EX PARTE

SUIT DISMISSED FOR FAILURE TO PRODUCE EVIDENCE AMOUNTS TO A DECREE

Stay of Execution proceeding Appeal – Applicant burden to demonstrates risks of irreparable loss – failure to file replying affidavits treated as concession – conditional stay requiring .

SUIT FILED IN THE NAME OF DEAD PERSON IS A NULLITY

SUIT GAINST GOVERMENT, APPLICATION FOR TEMPORARY INJUNCTION MAY BE ISSUED AGAINST THE GOVERMENT

SUIT INSTITUTED BEYOND PRESCRIBED LIMITATION PERIOD

SUIT INSTITUTED BY A SPECIFIED CORPORATION

SUITS AGAINST EXECUTIVE AGENCY

SUITS ARISING FROM TRA MAY BE ENTEAINED BY ORDINARY CIVIL COURTS, SECTION 7(1) OF CPC AND SECTION3 AND 7 OF TRA ACT 2000

SUITS, WITHDRAWAL OF SUITS, ORAL APPLICATION FOR WITHDRAWAL OF SUIT

SUMMARY PROCEDURE, DEFENDANT FAILS TO FILE WRITTEN STATEMENT OF DEFENCE AFTER HAVING BEEN GRANTED LEAVE TO APPLY TO DEFEND

SUMMARY PROCEDURE, SUIT INSTITUTTED UNDER ORDER xxxv OFTHE CIVIL PROCEDURE CODE

SUMMARY SUIT, LEAVE TO DEFEND A SUMMARY SUIT, LEAVE TO DEFEND MAY BE GRANTED IF THERE ARE TRIABLE ISSUES RAISED

SUO MOTU REVISIONAL JURISDICTION OF THE COURT OF APPEAL

Superior Court Cannot Exercise Revisional Jurisdiction Without Being Seized with the Proceedings of Lower Court, Lost File, Missing Record,

territorial jurisdiction proper, delay justified, GIS and seizure evidence reliable, conviction sustained. unlawful possession of government trophies – territorial jurisdiction determined by locus criminis – delay before arraignment – preservation of perishable evidence – GIS/GPS evidence admissibility and reliability – search and seizure incidental to lawful arrest – chain of custody and disposal of exhibits – proof beyond reasonable doubt.

transfer to Resident Magistrate with extended jurisdiction — transfer must name specific magistrate — absence of valid transfer vitiates proceedings — retrial discretionary (Fatehali Manji) — failure to read exhibits in court.

trial‑within‑a‑trial – retracted cautioned/confessional statement – requirement to determine and announce reasons for voluntariness before resuming main trial – failure to give or incorporate reasons amounts to unfair trial – remedy: retrial

Transfer of case – Magistrate with extended jurisdiction – Absence of re-transfer directive from Judge in Charge – Jurisdictional defect – Trial nullity – Conviction and death sentence quashed – Retrial ordered – Appellant to remain in custody – Fast-track retrial.

Transfer of proceedings — Section 274(1) (old s.256A(1)) Criminal Procedure Act — Jurisdictional requirement that magistrate seized should preside to conclusion — Unlawful re-assignment renders proceedings a nullity — Conviction and sentence quashed — Retrial ordered (Fatehali Manji principle).

trial-within-a-trial – admissibility of cautioned/confessional statements – requirement to decide and give reasons before main trial proceeds; prejudice from deferred reasons; remedy of retrial

The High Court lacks jurisdiction to extend time for filing a Notice of Appeal to the Court of Appeal; such applications belong to the Court of Appeal.

The applicant was granted extension to serve notice and file an appeal due to a technical delay in obtaining the registrar’s written decision

Temporary injunction — ATILIO v Mbowe test — requirement of prima facie case, irreparable injury, balance of convenience; Order VII Rule 3 CPC — description of land — surveyed/registered village land — public land management

temporary injunction — Atilio v Mbowe test — prima facie case; irreparable injury; balance of convenience — banker-customer account reconciliation; restraint of realization of securities pending trial.

Time limitation under rule 90(1) Court of Appeal Rules 2009 — Certificate of delay — Excluded period runs to Registrar’s notification/collection date — Delay in collecting documents and filing appeal renders appeal time barred.

THE MANNER OF GIVING SECURITY IN STAY OF EXECUTION

THE RATIONALE BEHIND SEEKING STAY OF EXECUTION

THE NOTICE OF EXECUTION IS THE NOTICE ISSUED BY THE COURT OR AN OFFICER OF THE COURT-THERE IS NO EXECUTION OF THE DECREE WITHOUT INVLOVING THE COURT

TERRITORIAL JURISDICTION OF PRIMARY COURT

TIME LIMIT FOR EFFECTING SERVICE OF LETTER REQUESTING CERTIFIED COPIES OF PROCEEDINGS

TYOR IS NOT GROUND FOR REVERSAL OF A DECISION OF A COURT

TIME BAARED MATTER WILL BE DISMISSED-THE LAW OF LIMITATION KNOWS NO SYMPATHS OR EQUITY-APPELLANT HAS NO ROOM TO APPEAL ON A FACT WHICH HE HAD CONCEDED

The Decision to Extend Chief Justice’s Tenure Upon Attaining Retirement Age is Constitutional, Jaji Mkuu Kuongezewa Muda wa Utumishi Baada ya Kufika Muda wa Kustaafu ni Sawa, HUMPHREY MALENGA-1

TAXATION CASES

TAXATION PROCEEDINGS ARE CONDUCTED BY TAXING OFFICERS

TAXATION, WHETHER JUDGE OF THE HIGH COURT CAN TAX FEES OF AN ADVOCATE

TAXATION, WHETHER TAXING MASTER MAY TAKE INTO ACCOUNT UNREACCEPTED ITEMS

TAXING OF BILL OF COSTS CAN BE EFFECTED EVEN IN ABSENCE OF THE PARTIES

TAXING OFFICER REFUSES TO CONDUCT TAXATION OF THE BILL OF COSTS, WHETHER PROPER

TECHNICAL DELAY BEHAVES IN A MANNER WHICH SUGGESTS MOREDELAYING TACTICS, CANNOT BE ALLOWED TO BENEFIT FROM HIS WRONGS

TEMPORARY AND INTERIM ORDERS OF INJUNCTION WHWTHER TIME PRESCRIBED FOR VALIDITY THEREOF BEGINS TO RUN FROM THE TIME OF COMPLIANCE WITH ORDER

TEMPORARY INJUCTON, CONDITIONS FOR GRANT OF TEMPORARY INJUCTION, WHETHER FAILURE TO GRANT TEMPORARY INJUCTION MAY CAUSE IRREPARABLE LOSS OR INJURY TO THE APPLICANT

Temporary Injunction before the Court of Appeal, Decree Holder Holds a Prima Facie Title to Property or Right the Subject of Decree

TEMPORARY INJUNCTION, CONDITIONS FOR GRANT OF TEMPORARY INJUNCTION, APPLICANT HAS DEFAULTED PAYMENT OF A LOAN AND RESPONDENT GIVES NOTICE OF INTENTION TO APPOINT A RECEIVER

TEMPORARY INJUNCTION, RULING PRINCIPLES GUIDING COURTS IN GRANT TEMPORARY INJUCTIONS,

TEMPORARY INJUNCTION, WHETHER AN APPEAL LIES AGAINST AN ORDER GRANTING OR REFUSING TO GRANT

Temporary Injunction before the Court of Appeal, Decree Holder Holds a Prima Facie Title to Property or Right the Subject of Decree

TEMPORARY INJUNCTION, CONDITIONS FOR GRANT OF TEMPORARY INJUNCTION, APPLICANT HAS DEFAULTED PAYMENT OF A LOAN AND RESPONDENT GIVES NOTICE OF INTENTION TO APPOINT A RECEIVER

TEMPORARY INJUNCTION, RULING PRINCIPLES GUIDING COURTS IN GRANT TEMPORARY INJUCTIONS,

TEMPORARY INJUNCTION, WHETHER AN APPEAL LIES AGAINST AN ORDER GRANTING OR REFUSING TO GRANT

Tendering of Bank Statements, Vicarious Liability, Ub Jus Ibi Remedium, Amendment of the Memorandum of Appeal, Burden of Proof,

TERRITORIAL JURISDICTION OF COURTS IN ZANZIBAR

TETS OR CONDITIONS TO BE CONSIDRED WHETHER OR NOT TO INVOKE REVISIONARY POWERS

That the Intended Appeal Has Overwhelming Chances of Success is Not Relevant in an Application for Extension of Time, Second Bite

The Ambit and Parameters of the Court When Exercising Revisional Jurisdiction, in Revision the Court Cannot Re-Assess the Evidence on Record

The Ambit and Parameters of the Court When Exercising Revisional Jurisdiction, In Revision the Court Cannot Re-Assess the Evidence

The Ambit and Parameters of the Court When Exercising Revisional Jurisdiction, In Revision, The Court Cannot Re-evaluate Evidence on Record

The Ambit and Parameters of the Court When Exercising Revisional Jurisdiction, the Court Cannot Re-Assess the Evidence on Record

The Ambit and Parameters of the Court When Exercising Revisional Jurisdiction, The Court Cannot Re-Assess the Evidence, Conflicting Decisions

The Appellate Court is Bound to Consider the Grounds of Appeal Presented to It, Effect of Ground Raised in Submission, Right to be Heard

The Applicant Must Take Immediate Action After Becoming Aware That He is Out of Time, Factors for Extension of Time

The Award of Costs is Discretionary, Manifest Error On the Face of the Record as a Ground for Review

THE AWARD OF GENERAL DAMAGES

THE BORROWER IS A PROPER PARTY TO THE SUIT AND NOT A NECESSARY PARTY

The Burden of Proof in Unfair Termination Proceedings

THE BURDEN OF PROOF NEVER SHIFTS TO THE ADVERSE

The Certificate On a Point of Law Must Relate to The Decision in The Proceedings from Which an Appeal Has Arisen

THE CERTIFICATE ON A POINT OF LAW MUST RELATE TO THE DECISION IN THE PROCEEDINGS FROM WHICH AN APPEALBHAS ARISEN

THE CHARGEABILITY OF SKILLS AND DEVELOPMENT-EXEMPTION OF CHARITABLE ORGANIZATION FROM PAYMENT OF SDL

THE COMPOSITION OF THE DISTRICT LAND AND HOUSING TRIBUNAL -INVOLVEMENT OF ASSESSORS IN THE DLHT

THE CONSEQUENCE OF USING INTERCHANGEABLY THE WORDS PETITION OR MEMORANDUM OF APPEAL IN LAND APPEALS

The Constitutionality of Section 3 of the Law of Limitation Act Providing that the Time Barred Matter Shall be Dismissed

THE CONTENTS OF JUDGEMENT

The Court Can Decide On Unframed Issue If It Has Been Left to the Court for Decision, Un-pleaded Issues

The Court Cannot Close the Party’s Case, Remedy Against Unnecessary Adjournments is to Dismiss the Charge and Discharge the Accused

The Court Cannot Exercise Its Revisional Power to a Time Barred Appeal, Service of The Letter Requesting for Proceedings,

The Court Cannot Exercise Its Revisional Powers While Hearing an Appeal Which is Time Barred

The Court Cannot Exercise Its Revisionary Power On the Time Barred Appeal

THE COURT CANNOT GRANT INTEREST IN A CASE WHERE SUCH INTEREST WAS NOT PLEADED AND PROVED

THE COURT CANOT ENTERTAIN AN APPLICATION FOR EXTENSION OF TIME TO FILE AN APPLICATION WHICH THE COURT LACKS JURISDICTION TO DETERMINE

THE COURT HAS NO DUTY TO GUIDE THE PARTIES ON PROPER STEPS AND THE PROPER TIME WITHIN WHICH SUCH STEPS ARE TO BE TAKEN

THE COURT IS EMPOWED AT ANY TIME BEFORE PASSING A DECREE TO AMEND OR FRAME A NEW ISSUE IN ADDITION TO THOSE FRAMED EALIER ON HOWEVER, PARTIES MUST BE HEARD ON THE NEW ISSUE

The Court is Empowered at Any Time Before Passing a Decree to Amend or Frame a New Issue in Addition to Those Framed Earlier On

THE COURT IS OBLIGED TO DECIDE ON EACH AND EVERY ISSUE FRAMED IN MAKING ITS DECISION

THE COURT SHOULD NOT ACT ON AN AMENDED PLEADING FILED WITHOUT LEAVE

The Court Should Not Raise New Issues While Composing the Judgement and Determine Them Without Hearing the Parties, The Right to Be Heard

THE DECISION GRANTING THE APPLICATION TO SET ASIDE THE EX-PARTE JUDGEMENT IS NOT APPEALABLE

The Decision of the High Court Judge Refusing to Recuse Himself from The Conduct of the Case is Interlocutory and Therefore Not Appealabl

The Demand Notice for Payment of the Tax Due is Not Appealable, Tax-Board Has No Jurisdiction to Hear Appeal from Non-Objection Decisions

The Description of the Suit Property Must be Stated, Documented Agreements Cannot Be Superseded by the Oral Account, Buyer Beware

The Duty of Advocates to the Court, Advocate Duty to the Court,

The Duty of the Successor Judge to Give Reasons for Taking Over the Case from Another Judge, The Rationale, Failure to Give Reasons is Fatal

THE EFFECT OF NOT JOINING A NECESSARY PARTY TO A CASE

THE ESSENCE OF ISSUANCE OF THE GARNISHEE ORDER NISI

THE EXECUTING COURT ENJOYS EXCLUSIVE JURISDICTION TO DEL WITH ANY QUESTIONS RELATING TO EXECUTION, DISCHARGE AND SATISFACTION OF DECREE

THE EXECUTING COURTS SHALL ONLY GRANT A CERTIFICATE OF SLAE AFTER THE SALE HAS BECOME ABSOLUTE-A SALE BECOMES ABSOLUTE AFTER THE EXECUTING COURT HAS MADE AN ORDER CONFIRMING THE SALE

THE FIRST APPELLATE COURT IS ENTITLED TO RE-EVALUATE THE ENTIRE EVIDENCE ON THE RECORD AND MAY COME WITH ITS OWN FINDINGS-RULE 36(1) OF THE TCAR

THE FORM AND LANGUAGE IN WHICH THE ASSESSORS IN THE DLHT ARE REQUIRED TO GIVE THEIR OPNION

THE HIGH COURT’S ORDER DISMISSING THE SUIT FOR BEING TIME BARRED IS APPELABLE WIHOUT LEAVE-SOME ORDERS AMOUNT TO DECREES

The Issue of Jurisdiction is Very Fundamental and It May Be Raised at Any Stage, Matters Not Raised in Lower Courts,

The Issue of Locus Standi Can be Raised at Any Stage, Who Has the Legal Capacity to Sue On Behalf of the Deceased Estate

The Judgment on Admission That Did Not Finally Determine the Entire Claims of the Parties is Interlocutory and Therefore Not Appealable

THE JURISDICTION OF THE COURT OF APPEAL TO REVIEW ITS OWN DECISIONS-GROUNDS FOR REVIEW-MANIFEST ERROR APPARENT ON THE FACE OF RECORD AS A GROUND FOR REVIEW-REVIEW IS NOT AN APPEAL IN DISGUISE

The Jurisdiction to Certify Existence of Points of Law is Exclusively Vested in the High Court

THE JURISDICTION TO CERTIFY EXISTENCE OF POINTS OF LAW IS EXCLUSIVELY VESTED IN THE HIGH COURT

The Law and Principles Governing Review, Review in Not an Appeal, No Judgment Can Be Beyond Criticism

The Law Assists the Vigilant and Not Those Who Sleep, Vigilantibus Non Dormientibus, Principles Governing Review,

The Law Governing All Questions of Compensation for Unfair Termination, Compensation for Termination of the Contract of Service

THE LAW GOVERNING REVIEW

THE LAW OF LIMITATION ACT IS NOT APPLICABLE IN THE COURT OF APPEAL

The Law On Objection Proceedings, An Abuse of the Court Process

The Law Relating to Framing Issues, Parties in Adducing Evidence are Guided by Issues, Parties or Their Advocates Have Duty to Assist the Cour

The Manner of Making an Application for Reference, Principles Governing Application for Reference, Extension of Time Upon Good Cause

The Matter Cannot Be Dismissed On a Mention Date, The Dismissal Can Only Be Made On a Hearing Date, The Right to Be Heard

THE MATTER CANNOT BE DISMISSED ON A MENTION DATE

THE MEANING OF AN INTERPLEADER SUIT

THE MINISTER MAY EXTEND TIME BEFORE OR AFTER EXPIRY OF THE PERIOD

The only remedy available from an order of objection proceeding is to institute a suit.

THE ORDER OF THE HIGH COURT REFUSING TO EXTEND TIME IS ANY OTHER ORDER WHICH FALLS UNDER SECTION 5(1)(C) OF THE AJA

THE OVERRIDING OBJECTIVE PRINCIPLE

THE PLAINTIFF IS ENTITLED TO CHOOSE THE PERSON AGAINST WHOM HE WISHES TO SUE-EXECUTION-NON-JOINDER OF A NECESSARY PARTY TO A SUIT

The Plaintiff May Call the Defendant as His Witness, Competency of Witnesses, A Person with Certificate of Title, Joint Ownership

The Position of the Law Regarding Applications for Leave to Appeal and for a Certificate on a Point of Law,

THE POWER OF REVIEW SHOULD NOT BE CONFUSED WITH APPELLATE POWERS

THE POWER OF THE MINISTER TO EXTEND THE PERIOD OF LIMITATION PRESCRIBED FOR ANY SUIT IS SUBJECT TO SOME CONDITIONS AND RESTRICTIONS

THE POWERS OF THE LABOUR COURT ON REVISION

THE POWERS OF THE WARD TRIBUNALS TO DETERMINE Land disputes have been stripped off

The Procedural Steps Before the Court Remands the Witness to Prison, Court Orders Must Be Obeyed, Disobedience of Court Orders

THE PROCEDURE FOR INITIATING AN APPLICATION FOR REFERENCE

THE PROCEDURE TO BE FOLLOWED IN CASES WHERE THERE IS NON-JOINDER OR MISJOINDER OF PARTIES

THE PROCEDURE TO BE FOLLOWED IN CASES WHERE THERE IS NON-JOINDER OR MISJOINDER OF PARTIES-THE EFFECT OF NOT JOINING A NECESSARY PARTY TO A CASE

THE PROCEDURE WHERE THE CLAIMANT IN AN INTERPLEADER SUIT IS GRANTED LEAVE TO BE JOINED AS A PLAINTIFF

THE QUESTION OF JURISDICTION IS VERY FUNDAMENTAL

The Rationale Behind Service of Notice of Appeal, Factors for Extension of Time, Definition of the Word Prejudice

The Remedy Against Incomplete Record of Appeal, the Remedy Against the Order of the Registrar of the High Court

The Requirement of a Certificate On a Point of Law, Appeals to the Court of Appeal from Ward Tribunal,

THE REQUIREMENT TO ACCOUNT FOR EACH DAY OF DELAY

THE REVIEW JURISDICTION OF THE COURT OF APPEAL-GROUNDS FOR REVIEW-REVIEW IS NOT AN APPEAL IN DISGUISE

The Right of Appeal, Appeals to the Court of Appeal Originating from Defunct Industrial Court

The Right of Appeal, Appeals to the Court of Appeal Originating from Defunct Industrial Court,

The Right of the Attorney General to Have Audience or to Intervene in the Proceedings is Not Automatic, Notice of Change of Advocate

The Right to Appeal Against an Ex Parte Judgement is Automatic, No Need to Set Aside, One Cannot Challenge Both an Order to Proceed Ex-Parte and Merit,

THE RIGHT TO APPEAL AGAINST AN EXPARTE DECREE IS AUTOMATIC AND DOES NOT DEPEND UPON THERE BEING A PRIOR PROCEEDINGTO SET ASIDE THE EX-PARTE JUDGEMENT

The right to appeal against exparte judgment is automatic

The Right to be Heard, Audi Alteram Partem Rule,

The Right to Be Heard, Difference between Struck Out and Dismissal, Incompetent Petition Shall be Struck Out Not Dismissed

The Right to Be Heard, Extension of Time Upon Good Cause Being Shown, Factors for Extension of Time,

The Right to Be Heard

THE RIGHT TO BE HEARD-THE APPELLATE COURT IS REQUIRED TO ORDER A RETRIAL AFTER CONSIDERING THAT THE PARTIES WERE DENIED THE RIGHT TO BE HEARD DURING THE TRIAL

The Right to Have Legal Opinion, Failure to Apply for Leave to Appeal

The Role of the Appellate Court in Determining a First Appeal, It Should Determine the Appeal to Finality, Re-evaluation of Evidence

THE RULES AS TO THE PRE-TRIAL DISCLOSURE OF DOCUMENTS AND THE RULE AGAINST DEPARTURE FROM PLEADINGS ARE DIFFERENT PURPOSES

The Ruling of the High Court Dismissing the Application for Reference of the Decision of the Taxing Master in Bill of Costs, is Appealable with Leave

The Ruling of the High Court Refusing to Set Aside the Dismissal Order is Appealable with Leave, Revision is Not an Alternative to Appeal

The Ruling Striking Out the Application is Not appealable, The Application Struck Out While the Court was Composing the Ruling is Not Appealable,

THE RULING STRIKING OUT THE APPLICATION IS NOT APPELLABLE

THE SCHEME FOR APPLYING FOR LEAVE TO APPEAL TO THE COURT OF APPEAL OR FOR CERTIFICATE ON A POINT OF LAW

THE SCOPE OF THE REVIEW’S POWERS OF THE CAT

THE SECOND APPELLATE COURTS SHOULD NOT INTERFERE WITH CONCURRENT FINDINGS OF FACTS OF THE TWO COURTS BELOW

THE STANDARD OF PROOFOF FRAUD IN CIVIL CASES IS HIGHER THAN A MERE BALANCE OF PROBABILITIES

The Suit Filed Against a Dead Person Shall Be Struck Out and Not Dismissed, It Cannot be Amended to Join a Legal Representative

The Third-Party Procedure, Application for Leave to Present a Third Party Notice,

The Time Within Which to Apply For Reference, The Principles Governing Reference

THE TRANSFER OF THE CASE TO THE RESIDENT MAGISTRATE WITH EXTENDED JURISDICTION, LACK OF THE TRANSFER ORDER IS FATAL AND CANNOT BE CURED BY THE OVERRIDING OBJECTIVE PRINCIPLE

THE TRANSFER OF THE CASE TO THE RESIDENT MAGISTRATE WITH EXTENDED JURISDICTION

THE TRIAL JUDGE OR MAGISTRATE IS BOUND TO RECORD ALL THE PROCEEDINGS AT THE LOCUS IN QUO

THEPRELIMINARY OBJECTION ON THE SERVICE OF THE NOTICE OF APPEAL IS POINT OF LAW

There Cannot Be Two Certificates of Delay Concurrently Applicable in Respect of the Same Matter

There is no need for further construction when parliament has clearly expressed its intentio

THERE IS NO ONE GENERAL RULE ON THE WAY FOWARD WHEN THE COURTS FACE MISSING RECORD OF PROCEEDINGS EACH CASE SHALL BE DETERMINED ON THE BASIS OF ITS OWN SPECIAL CIRCUSTANCES

THERE IS NO RIGHT TO APPEALAGAINST DECISION OF THE HIGH COURT REJECTING THE APPLICATION FOR REVIEW-THE REMEDY IS TO APPLY FOR REVISION IN THE COURT OF APPEAL

THERE MUST BE AN END TO LITIGATION BE IT IN CIVIL OR CRIMINAL PROCEEINGS

There Must Be an End to Litigation, Manifest Error On the Face of Record as A Ground for Review, Grounds for Review,

Third Party Procedure, Effect of Misspelling or Citing a Wrong Name in Legal Documents, Consolidation of Appeals,

THIRD PARTY PROCEDURE, Formulation and Amendment of Issues, Annexures Not Admitted as Exhibit Are Not Part of Evidence

THIRD PARTY PROCEDURE, Formulation and Amendment of Issues, Annexures Not Admitted as Exhibit Are Not Part of Evidence, VIGNAN EDUCATIONL

THREE OPTIONS WHERE ANY RELEVANT DOCUMENTS ARE OMITTED FROM THE RECORD OF APPEAL

THREE PRAYERS FOR INJUNCTIONS MADE IN ONE APPLICATION AND SUPPORTED BY ONE AFFIDAVIT, WHETHER PROPER IN LAND AND PRACTICE

Time Limit for Filing an Application for Revision is Within 60 Days, Exclusion of The Time Spent in The Preparation and Supply of Certified Copies,

TIME LIMIT FOR LODGEMENT OF AN APPLICATION FOR CERTIFICATE ON POINT OF LAW

TIME LIMIT FOR LODGING AN APPLICATION TO BE JOINED IN AN APPLICATION FOR REVISION COMMENCED BY THE CAT SUO MOTU

Time Limit for Suits Founded On Compensation is 12 Months, Grounds for Exemption from Limitation, Pre Court Negotiations is Not a Good Ground,

Time Limit to Set Aside ExParte Decision is 30 Days, When Time Start to Run, Policy Underlying Statutes of Limitation, Remedy Against Time-Barred,

TIME TO APPEAL TO THE HIGH COURT IN MATTERS ORIGINATED FROM PRIMARY COURT

Time to File Notice of Appeal is 30 Days, Letter Requesting Proceedings and Notice of Appeal Must be Served to Respondent in order Time Spent to Obtain Proceedings to

TIME WITHIN WHICH TO FILE APPLICATION FOR LEAVE TO APPEAL, APPLICATION FILED OUT OF TIM, WHETHER APPEAL IS COMPETENT RULE 43(A) OF THE COURT OF APPEAL RULES

To Commit a Judgement Debtor to a Civil Prisoner Must be after Compliance of Conditions and Limitations, Factors and Procedures to Commit a Judgement Debtor to a Civil

TO INDICATE GROUNDS IN THE NOTICE OF MOTION IS MANDATORY AND FAILURE TO DO SO IS FATAL

Trespasser is Not Entitled to Compensation, Classification of Highways, Confirmation of Validity of Interests in Land Created by Operation Vijiji,

TRIBUNAL CASES

TWO CERTIFICATES OF DELAYED ISSUED CONCURRENTLY, EFFECT OF ISSUING AND VALIDITY OF THE SECOND CERTFICATE OF DELAY

TYPING ERROR IS NOT GROUND FOR REVERSAL OF A DECISION OF A COURT

Unexplained arraignment delay, evidentiary weaknesses and failure to consider defence rendered the conviction unsafe; retrial refused. delay in arraignment and prosecution’s duty to explain; Evidence – child complainant and medical uncertainty; admissibility of extra‑judicial admissions and requirement for trial‑within‑a‑trial; duty to evaluate defence; retrial principles (Fatehali Manji) and interests of justice.

unlawful possession of government trophies; Evidence — chain of custody and exhibit identification; Extrajudicial statements — Chief Justice Guidelines compliance and curative effect of statement contents; Expert identification and corroboration

Undated disbursement entries are fatal; unliquidated claims attract Eleventh Schedule and instruction fees may be reduced for preliminary, simple matters. requirement to date and itemize disbursements; Taxation – liquidated vs unliquidated claims – applicability of Ninth v Eleventh Schedule; Instruction fees – discretion and reduction for preliminary disposal; Court attendance fees – chargeable per recorded attendances; Supervisory review of Taxing Officer’s discretion.

ULTRA VIRES AND ABUSE OF POWER AS GROUNDS FOR JUDICIAL REVIEW

UPON AMENDEMENT OF A PLEADING THE PREVIOUS PLEADING CEASES TO HAVE ANY LEGAL EFFECT

visual identification at night – reliability factors (light, proximity, familiarity, prompt identification); post‑mortem evidence and date discrepancies; alibi notice under s.200(4) CPA; non‑production of expected witness; inference of malice aforethought from single deep chest stab wound

Variance between charged place and evidence – Requirement to amend charge under s.234(1)/s.251(1) CPA – Failure to amend renders charge unproven and conviction unsustainable; Human DNA evidence – admissibility concerns where sampling/chain‑of‑custody and statutory procedures not shown.

Visual identification – Waziri Amani requirements (lighting, distance, duration) – failure to name at earliest opportunity (Marwa Wangiti); Confessions – cautioned and extrajudicial statements – trial-within-trial procedure – Twaha Ali and Seleman Abdallah requirements – improper tendering/reading during mini-trial – unfair trial; Burden of proof – prosecution must prove guilt beyond reasonable doubt.

variance between charge sheet particulars and evidence – identity of victim – amendment of charge – failure to amend is fatal to prosecution case.

variance between charge sheet particulars and evidence – material variance – duty to amend under section 251 Criminal Procedure Act – failure to amend fatal to prosecution’s case; proof of date and particulars in sexual offences; acquittal where charge unproven.

Verification of paragraphs vs. sub-paragraphs – Order XIX, Rule 3 – Affidavits must be confined to facts; expungement of argumentative averments – Preliminary objections to taxation reference

Voluntary withdrawal terminates the suit; court cannot extend time to refile a proceeding that has ceased to exist.

VARIANCE OF NAMES OF THE PARTIES IN THE DOCUMENTS FILED FOR APPEAL PURPOSES

VALIDITY OF THE CERTICATE OF DELAY-TIME TO APPEAL START TO RUN WHEN THE APPELLANT BECOMES AWARE THAT THE REQUESTED DOCUMENTS FOR APPEAL PURPOSES ARE READY FOR COLLECTIO

VALIDITY AND LEGAL COMPETENCE OF NOTICE OF APPEAL

Validity of the Judgment Delivered in the Absence of the Parties,

VERIFICATION BY COMPANIES, WHO MAY VERIFY COMPANY PLEADINGS AND HOW

VERIFICATION CASES

Whether the prosecution proved manslaughter by linking the accused’s alleged shaking to death amid pre-existing cardiac and lung disease. Manslaughter – causation – burden of proof beyond reasonable doubt – medical/post‑mortem evidence – hypertrophic cardiomyopathy and chronic obstructive pulmonary disease – adequacy of expert opinion to link assault to death.

Whether the prosecution proved beyond reasonable doubt that the accused’s assault caused the deceased’s fatal head injury.

Whether an added phrase in a police statement’s certificate vitiates s.11(7) CPA compliance and renders it inadmissible. certification of recorded statements – requirement to state “faithfully and accurately”; Evidence Act s.36(2)(f) – read-over and maker’s approval; admissibility of documentary evidence; court’s discretion under Evidence Act s.154

Wildlife Conservation Act s.101 — disposal of perishable exhibits — inventory as sufficient proof only if properly procured — accused’s right to be heard mandatory — presence/thumbprint insufficient — expunging illegally procured inventory — conviction unsustainable without compliant inventory.

Whether time spent in an earlier withdrawn application can be excluded under section 21 LLA to save a revision from being time-barred.

Where an applicant’s affidavit is largely argumentative and unsalvageable, the revision application is struck out.

Where over one‑sixth of claimed costs is disallowed, the entire taxed bill must be set aside; unjustified fees were also vacated.

Want of prosecution – Failure to file ordered written submissions amounts to want of prosecution

WHAT IS “CAUSE OF ACTION”?

WAY FORWARD UPON FAILURE TO ATTACH NOTES OF LOCUS IN QUO

Where one or both parties do not appear but written submission have been filed, hearing of

WAIVER OF SERVICE OF RECORD OF APPEAL WHERE THERE IS NOBODY TO ACCEPT SERVICE FOR THE RESPONDENT

WANT OF PROSECUTION CASES

Warehousing Costs Must Be Considered in Assessing Value of the Stock of Imported Goods for Tax Purposes, Undeclared Foreign Transport Costs,

WAY FOWARD WHEN COURT IS FACED WITH MISSING RECORD

WHAT ENTAILS PRELIMINARY OBJECTION

WHAT IT MEANS BY FULL AND MEANINGFUL ENJOYMENT OF A RIGHT TO BE HEARD

WHAT QUALIFIES TO BE AN ERROR APPARENT ON THE FACE OF THE RECORD

WHAT RECPRD IS REFFERED TO UNDER RULE 66 (1) OF THE CAT-RULES

WHAT SHOULD BE DONE IN ORDER TO BE BELIVED AND SUCEED IN A CIVIL ACTION

WHEN DOES A MAGISTRATE’S COURT BECOME FUNCTUS OFFICIO

When Does a Sale in Execution of Decree Become Absolute, Executing Court Can Only Sale the Property of Judgment Debtor, Bonafide Purchaser,

WHEN STATEMENT IN SUPPORT OF THE APPLICATION FOR LEAVE IS AT VARIANCE WITH STATEMENT WITHIN WHICH LEAVE WAS GRANTED

WHEN THE AVERMENT IN AN AFFIDAVIT IS NOT CONTRADICTED, THEN THERE IS NO NEED OF SUPPORTING AFFIDAVIT FROM ANOTHER PERSON

WHEN THE COURT BECOMES FUNCTUS OFFICIO

When the Decision is Made On an Objection Proceeding, there is No Remedy for Appeal or Revision, the Only Remedy is to Institute a Fresh Suit,

Whenever a Record of Appeal is Incomplete, The Appellant May Be Accorded an Opportunity to File a Supplementary Record,

WHENEVER AN APPLICATION MAY BE MADE EITHER TO THE COURT OF APPEAL OR TO THE HIGH COURT, IT SHALL IN THE FIRST INSTANCE BE MADE TO THE HIGH COURT

WHERE A PARTY HAS A RIGHT OF APPEAL HE CANNOT INVOKE REVISONAL POWERS OF THE COURT-IF THERE IS A RIGHT OF APPEAL THEN THAT RIGHT HAS TO BE PURSUED

WHERE A PARTY HAS A RIGHT OF APPEAL, HE CANNOT INVOKE REVISIONAL POWERS OF THE COURT, REVISIONAL IS NOT AN ALTERNATIVE TO APPEAL

WHERE A PRELIMINARY OBJECTION IS RAISED, IT SHOULD BE HEARD FIRST BEFORE THE DISPOSAL OF THE MATTER ON MERITS

WHERE APPEAL LIES WITH A CERTIFICATE ON A POINT OF LAW, THE MEMORANDUM OF APPEAL MUST CONTAIN ONLY GROUNDS CERTIFIED BY THE HIGH

Where the Appeal is Struck All Documents Go Away, Where a Notice of Appeal is Struck Out Other Documents Remain,

WHERE THE ISSUE WHICH LEADS TO DISPOSAL OF THE MATTER IS RAISED SUO MOTU BY THE COURT, THEN COSTS ARE NOT AWARDED

Where There is a Wrong There Must Be a Remedy, Ubi Jus Ibi Remedium, Admission of Expert Evidence, Specific Damages,

WHETHER A DECREE OF THE HIGH COURT REQUIRED COURT OF APPEAL RULES

WHETHER A MAGISTRATE WITH EXTENDED JURISDICTION CAN PRESIDE THE HIGH COURT, SECTION 45 OF THE MAGISTRATES COURTS ACT

WHETHER A MAGISTRATE WITH EXTENDED JURISDICTIONCAN PRESIDE OVER THE HIGH COURT SECTION45 OF MAGISTRATE COURT ACT

WHETHER A MATTER THAT IS NOT APPELLABLE BECOMES AUTOMATICALLY REVISIONABLE

WHETHER A REJOINDER TO REPLY TO A COUNTER AFFIDAVIT IS PERMISSIBLE

WHETHER A TRIAL JUDGE CAN REVIEW AND QUASH HIS OWN JUDGEMENT AND PROCEEDINGS

WHETHER AN APPEAL TO THE COURT OF APPEAL IS INSTITUTED BY NOTICE OF APPEAL, APPEAL AND NOTICE OF APPEAL DISTINGUISHED

WHETHER CERTIFICATE OF POINT OF LAW IS NECESSARY, PURPOSE OF CERTIFICATE OF POINT OF LAW

WHETHER CORRECT TO USE THE DOLLAR TO CALTULATE JUDICIAL COMPENSATION FOR PURPOSE OF, SETING DEVALUATION

WHETHER COURT MAY GRANT INJUNCTION IN BREACH OF EXPRESS CONTRACTUAL TERMS IN A LEADING AGREEMENT

WHETHER DEFAULT JUDGEMENT MAY BE ENTERED DURING MEDIATION PROCEEDINGS

WHETHER HIGH COURT HAD JURISDICTION TO ENTERTAINING A CTHE CLAIM SECTION 13 OF CPC

WHETHER IT NECESSARY TO OBTAIN LEAVE BEFORE MAKING THE AMENDEMENTS

WHETHER LEAVE TO APPEAL MAY BE GRANTED SUO MOTU

WHETHER NOTICE OF APPEAL FILED IN THE SUB REGISTRY OF THE COURT OF APPEAL AND SIGNED ON BEHALF OF DEPUTY OF THE COURT OF APPEAL IS VALID

WHETHER ORDINARY COURTS HAVE CONCURRENT JURISDICTION IN HOUSING TRIBUNALS UNDER THE RENT RESTRICTION

WHETHER PLANTIFF MAY PROVE ENTIRE CASE BY AFFIDAVIT, ORDER 9 RULE 6 AND ORDER 19, RULE 1 OF THE CPC

WHETHER PRIMARY COURTS HAVE JURISDICTION WHERE THE ESTATE CONSISTS OF REGISTRED LAND

Whether Relief Not Prayed for in the CMA Form No. 1 Can Be Granted, Matters Not Raised in Lower Courts,

WHETHER SPECIFIED PUBLIC CORPORATION HAS LOCUS STANDI TO SUE IN ITS OWN NAME

Whether the conditions similarly apply to arbitration proceedings against that defendant section 67 of the Tanzania Habours Authority Act 1977

WHETHER THE DEFINITION OF JUDGE FOR PURPOSES OF SIGNING A DECREE INCLUDES A REGIONAL MAGISTRATE

WHETHER THE MODIFICATION IN G.N NUMBER 376 OF 1968 APPLIES WHERE THE ATTORNEY GENERAL IS ONE OF SEVERAL DEFENANTS

APPEALS IN INTERLOCUTORY ORDER

WHAT IS A STAY OF PROCEEDINGS?

WHAT IS A CERTIFICATE OF DELAY?

WHAT IS MANIFEST ERROR?

WHEN TO GRANT AN ORDER OF STAY?

WHETHER THE WORDS WHEN THE SUIT IS CALLED FOR HEARING REFER TO AN ADJOUNED DATE OF HEARING

WHETHER TRIAL COURT MUST MAKE A SPECIFIC FINDING ON EACH AND EVERY ISSUE FRAMED

WHO MAY REVOLK CLAUSE IN ARBITRATION CLAUSE

WHO MAY SIGN DECREE

WITHDRAWAL AND RE-FILING OF A SUIT, COURT GRANTS LEAVE TO WITHDRAWAL A SUIT AND RE-FILE IT ON TERMS THAT THE APPLICANT PAYS THE COSTS OF THE SUIT WITHDRAWN,

WITHDRAWAL OF SUIT WITHOUT LEAVE OD COURT TO FILE A FRESH SUIT, NO FRESH SUIT IN RESPECT OF SAME SUBJECT MATTER MAY BE FILED

WITHDRAWAL OF SUIT,LIBERTY TO BRING A FRESH SUIT AFTER WITHDRAWAL

Withdrawal Without Leave to Refile, Application for Leave to File Representative Suit, – Suit with Many Parties,

WRITTEN SUBMISSION BY THE ORDER OF THE COURT, GOVERNING PRINCIPLES

WRITTEN SUBMISSIONS

WHAT CONSTITUTES A “GOOD CAUSE”?

Wrong Citation is Not Fatal, Insert Proper Provision by Hand, Party Should not be Punished for Wrong Done by His Advocate, Alliance One Tobacco,

Wrong Citation of the Enabling Provision is Curable, No Appeal Lies from an Order Rejecting an Application for Review, Second Application,

Wrong or Non Citation of the Enabling Provision is Curable, Account for Each Day of Delay,

Wrong_Citation_of_the_Enabling_Provision_is_Curable,

POWERS OF THE COURT OF APPEAL TO ORDER TEMPORARY INJUNCTION