Xxv111 civil appeal continued east africa court of

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XXV111 . CIVIL APPEAL (Continued) East Africa Court of Appeal.
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Case originating in primary court – Point of law of general public impor- tance must be at stake. 1967/422 Cross – appeal – Extension of time allowed where delay due to absence of advocate. 1968/336 Evidence Additional evidence admitted only in exceptional circumstances. 1968/201; 1968/494. Additional evidence considered. 1967/429. Insufficiency of evidence – Remand for taking additional evidence. 1967/423 Ex parte application – Appeal court cannot vary order of trial court on ex parte Application without proper appeal. 1968/78 Ex parte judgement in primary court – Appeal court limited to review of evidence On record. 1968/337. Installment payments of judgement debt – No appeal permitted from order. 1968/235 Issues of fact – May be reviewed on appeal. 1968/390. Judgement by consent – Should not be upset on appeal. 1968/80. Judgement supported by evidence – New trial ordered where irrelevant matters Considered. 1967/112 Limitation period Computed from date of judgement not of decree. 1967/226 Computed from date of receipt of copy of judgement. 1967/154 Notice of appeal not received by party – Appeal reheard. 1967/373. Notice to appeal defective – Appeal should be heard where appellant has no l Legal experience. 1968/354 Order appealed from Certified copy required. 1967/111; 1967/153; 1967/227. Form in which required copy should be drafted. 1967/227. Refusal to hear appeal due to absence of order appealed from does not constitute dismissal of appeal. 1967/279.
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Orders of primary court – No restriction on right of appeal from. 1968/400 Procedure – Both parties have right to be heard on appeal. 1968/94 Rent Restriction Act – Judgement refusing application to stay execution of consent order for vacation of premises is appeal able. 1968/293 Reversal of decision of trial court – Criterion is whether decision below is reasonable and can be rationally supported – Appeal court must not try the case again 1968/76. Revision High Court on revision cannot set aside admission of time – barred application by Lower court because matter does not concern jurisdiction. 1968/118 XX1X. CIVIL APPEAL (Continued) Revision (Contd.) Interlocutory decree cannot be upset on revision 1968/399 Power of High Court on revision. 1968/118; 1968/399. Right to be heard on appeal – Pertains to both parties 1968/94 Taxing master – Decision normally conclusive 1967/177; 1968/502 Ultra vires judgement – Upheld on appeal where interference would cause Hardship to innocent parties. 1968/120 ARBITRATION Arbitration award as condition precedent to right of action under insurance contract . 1968/402 Arbitration clause which is not condition precedent to contract not enfor- ceable by specific performance. 1968/501. Failure to invoke arbitration clause on first learning of law suit estops party from raising clause as defence 1968/346 Stay of proceedings for arbitration Not mandatory 1968/402
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When permissible. 1968/247 Waiver of arbitration – Must be pleaded. 1968/402 ARUSHA LAW See: CUSTOMARY LAW ASSESSORS See PROCEDURE.
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  • Fall '17
  • Dean Majamba

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