A party is dissatisfied with the decision of the High Court in the exercise of its original civil jurisdiction. What is the proper appellate route and governing law? Answer:  Where a party is aggrieved by a decision of the High Court made in the exe…

You are representing a losing party who wishes to appeal against a final judgment delivered by the District Court of Kinondoni in its original civil jurisdiction. What is the proper appellate procedure, and what time limits apply? Answer:  Where the…

You are representing a client who lost an appeal before the District Court, which had determined the matter on appeal from a Primary Court. The client now wishes to challenge that decision in the High Court. What is the proper appellate procedure an…

A civil suit is proceeding in a District Court. In the course of trial, the court forms doubt on the validity of a customary practice cited by one party as having legal force. Can the court seek guidance on the matter, and if so, how? Answer:  Yes, …

On the date fixed for the first hearing of a civil suit, parties are expected to appear before the court. What are the legal consequences if: (a) The  plaintiff fails  to appear? (b) The  defendant fails  to appear despite being duly served? (c) Som…

You are an advocate representing the plaintiff in a civil trial. During the proceedings, it becomes apparent that a  key witness  is unable to attend court due to illness. This witness possesses evidence crucial to your client’s case, and failure to…

You are defending a client in a civil claim filed by a plaintiff. After reviewing the case, you identify a valid claim your client has against the plaintiff arising from an earlier transaction. Can you raise this as a counterclaim, and will the cour…

You represent a commercial bank that holds TZS 200 million in a fixed deposit account. Two people, A (the depositor’s son) and B (the depositor’s business partner), have each written to the bank demanding payment of the money. A claims he is the hei…

You are an advocate instructed to represent a  plaintiff company  in a civil suit already instituted against another  limited company . Upon reviewing the plaint, you discover that your client (the plaintiff) has  not disclosed its own registered of…

You are representing a plaintiff who wishes to file a civil suit against two defendants—one residing in Kinondoni, Dar es Salaam, and the other in Mbeya. What is the proper court in which to institute the suit, and what legal considerations apply? U…