|
Citation
|
Judgment date
|
| March 1987 |
|
|
Supreme Court lacks jurisdiction to grant bail pending trial absent conviction and pending appeal; infanticide is bailable.
Criminal law — Bail pending trial — Jurisdiction of Supreme Court under Section 22 Supreme Court Act — Preconditions: High Court refusal under s336 and pending appeal; Infanticide is bailable, not equivalent to murder
|
26 March 1987 |
|
Compensatory damages should include an exemplary element in aggravated cases, but separate punitive damages must be specifically pleaded.
Damages — exemplary/punitive damages — pleading requirement; compensatory damages to include exemplary element in aggravating conduct; inflation adjustments between injury and trial; assault/trespass to person award
|
18 March 1987 |
|
Summary dismissal for drunkenness upheld where supervisor and one witness bona fide so opine; gazetted collective procedures may void dismissal.
Employment law – Collective agreement – Summary dismissal for drunkenness on duty – Evidence by supervisor and one witness sufficient – Gazetted collective agreements have statutory effect; breach of prescribed procedure may render dismissal void – Reinstatement discretionary
|
12 March 1987 |
|
Supreme Court may substitute aggravated robbery conviction to 'acting together with persons unknown' where amendment causes no prejudice.
Criminal law — Aggravated robbery — Particulars of charge — Amendment/substitution by appellate court under Supreme Court Act s.15(3) and Criminal Procedure Code s.273(2) — Whether amendment prejudicial — Acting together with persons unknown
|
10 March 1987 |
|
Limitation under s.115 of the Tanzania Zambia Railways Act must be pleaded; absence of such plea vitiates a time‑bar ruling.
Civil procedure – Limitation statutes – Defence of limitation (Tanzania Zambia Railways Act 15 of 1975, s.115) must be pleaded – Court may not dismiss for time-bar where limitation not raised in pleadings – Amendment of statement of claim to be sought in trial court.
|
7 March 1987 |