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This book is an outline of Civil Procedure Law as practiced in East Africa. It is largely based on the Tanzania (Mainland) Civil Procedure Act 1966, but equivalent statutory provisions in Kenya and Uganda have also been referred to. However, in view of the history of our Law of Civil Procedure, English and Indian cases and authors have likewise been relied on as they are of high persuasive authority in East Africa.
The Magistrates Manual covers, in a nutshell, rules of procedures in the institution of criminal and civil cases, the preparation of formal charges in criminal cases and pleadings in civil suits, the trial of such cases, the sentencing process and relevant considerations, control of court proceedings, judicial bias and self-disqualification, court delays, and code of conduct for judicial officers.
This book takes into account more than 150 decisions of the High Court and the Court of Appeal of Tanzania. It covers a wide range of criminal law subjects ranging from the traditional offenses like murder and theft to more recent additions like corruption. Cases that had been omitted have been included to widen the reader’s scope and neglect development in judicial thinking.
Summary Judgment shows how courts interpret and apply Order 35 in Kenya and Tanzania and the corresponding Order 33 in Uganda. It is a work on the East African summary judgment procedure in civil litigation. This celebrated Order is one of the great innovations in the Rules of Court. This book sets out the illuminating touchstones that guide the crucial judgment involved in balancing the need for the expeditious disposition of cases and the right to a plenary trial. Although the cases cited in the texts do not expressly use the same language, they clearly answer the charge that Order 35 might be an unconstitutional deprivation of the right to a trial, by making it plain that the right to a trial does not include the right to a useless trial of nonexistent genuine issues. The book is intended to state the law authoritatively and serve as a work of reference.
This Book is a Practical Civil Procedural Law as practiced in East Africa. It is mainly specialized on the Kenya Question, however, all Commonwealth precedents and locus classius cases have been highly considered as persuasive authorities in East Africa which have led to the development of the Civil Procedure Law in all Commonwealth Countries. As the title of the book suggests, the book is primarily intended for use by Scholars, practicing Advocates, researchers, as well as those taking up a private practice for ease of quick reference.
From the title, “Understanding Negligence and Strict liability”, the authors attempt to provide a precise and concise appreciation of negligence and the law correlated to strict liability in tort law. There exists a plethora of negligence problems in all jurisdictions, and it is this that the authors try to solve for the readers.
The clarity and comprehensive coverage found in this book make it an essential textbook for law undergraduates, law practitioners, and legal scholars. Designed as a flexible tool for undergraduate and postgraduate courses touching negligence and strict liability, students, practitioners and teachers alike will find this book challenging but rewarding.
This treatise is the first to examine the proceedings and jurisprudence in civil procedure and practice in the CAT. It examines the law relating to the establishment, composition, quorum, powers, and jurisdiction of the Court of Appeal of Tanzania (CAT). It also examines the noble duty of the CAT in administering justice and discusses administrative and procedural aspects in the CAT, particularly basic and mandatory documents for use in civil proceedings in the CAT and important issues to consider before an appellant embarks on a civil appeal in the CAT. Finally, the book critically examines the law and practice relating to commencement of civil appeals and the conduct of proceedings in the CAT, the practice and jurisprudence in the CAT as well as the prosecution of the Bills of Costs in the CAT.
The author brings alive the rules of partnership by initially comparing the partnership with its offspring, the limited company, and other associations, then examining its nature and definition with reference to relevant statutory provisions. He then deals with the relationship between partners and outsiders, essentially an agency aspect of the partnership, before considering the relationship between partners, an attribute resting on the property, management, and fiduciary considerations. The author also analyses the dissolution of the partnership, the relationship between bankruptcy and partnership, the taxation of partnership, and the limited partnership recently introduced by the Partnership Act, 2010. Throughout the discourse is a reference to relevant Ugandan and Common Law cases, some of which can only be traced in obsolete law reports.
Written by a leading practitioner and academic in the field, the book presents the most current, comprehensive, and authoritative account of judicial review law in Kenya. The book combines the features of a textbook and casebook at once and is an essential reading for law students and an indispensable source of reference for practitioners, academics, and all interested in good governance.
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