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SPECIMEN EXAMINATION QUESTIONS

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MZUMBE UNIVERSITY

FACULTY OF LAW

SEMESTER II EXAMINATIONS, October, 2016

Course Code: LAW 325

Course Title: Civil Procedure II

Programme: LL.B. III

Date:

Time:

INSTRUCTIONS

1. Read the instructions on the cover of the answer book.

2. The total number of questions in this paper is SIX. Answer a total of FOUR
questions.

3. Each question carries 12.5 marks. The number in brackets after each question, or part
of a question, shows the marks allotted.

4. In your answers you should explain the relevant legal principles involved and, where
appropriate, cite the authority in support of these principles.

5. Time allowed: three hours.

6. Candidates are allowed to bring into the examination room clean and un-annotated
copies of statutes.

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QUESTION ONE
 “It is a requirement under O. 1 Rule VIII of the Civil Procedure Code (Cap 33 R.E. 2002
that a representative suit can only be filed when there is; Sufficient numerosity of parties;
Commonality of issues, claims or defences of interest; Nexus between the representatives
and the class; and Good faith of the representative parties;” ( Source: Annonymous)

Discuss the veracity of this assertion. [12.5 marks]

QUESTION TWO

Chips and Kingue died recently in an accident of motor vehicle, which collided against a
motor trolly along the road leading to Kingolwira. The motor vehicle that moves on
railway to carry sisal to the factory in that motor car there was found one bottle of brandy
and in the trousers pocket of Kingue there were found three photographs of women and
two letters bearing the address of Kirk Street and Nyamwezi Street, Dar-es-Salaam.

The motor trolly was, at the time of the accident under the care and control of
MuseveniAbdallah, though owned by GM Motors. The said trolly is damaged beyond
repair and Museveni claims that the accident was caused by negligent driving of the
motor vehicle by Chips who was at the time of the accident drunk and failed to sway the motor
vehicle to avoid the accident. Mr. Aliko, the elder brother of the two, Chips and
Kingue, believes that the accident occurred due to the fact that the motor trolly was
parked on the wrong side of the road and at a sharp corner without any signs.

Advice Mr. Aliko on the procedure he should pursue before presenting the suit to
court, possible cause of action and potential defendants. Also advise GM Motors on how
they can pursue their claims against Mr. Chips should Mr. Aliko decide to file a suit against
them. [12.5 marks]

QUESTION THREE

Akuku Danger has recently graduated his LLB from state university of Tanzania; he has
passed law school and admitted as an advocate. When he appeared to represent his client
he came across to a very strange term of interrogatories which he has never heard.
Being his legal officer assist him on what is interrogatories and its use in the court of law.
[12.5 marks]

QUESTION FOUR
 a) Discuss two forms of executing a decree under the CPC [6 marks].

b) SelemaniHaruna is again aggrieved by the decision of Kinondoni District Court in

Civil Appeal No. 117/2009 originating from Kinondoni Primary Court original Civil
Case No. 20/2008. The judgment of the District Court delivered on 9 th September 2016,
confirmed the decision of the Primary Court that there was a valid contract between
Selemani and Abdi, further that Tsh. 6,000,000/=, the contractual sum should be paid to
Abdi promptly. AbdiKassim has already lodged an application for execution wherein he
is seeking for attachment and sale of the landed property situated at Plot No. 23 Block
“A” Kiegeya, Morogoro Municipality. It has now transpired that the said landed property,
Plot No. 23 Block “A” Kiegeya, Morogoro Municipality, is actually registered in the
name of Haruna Property International Limited, a Company in which Haruna is a
majority share holder.

Haruna has come to you for advice on whether or not he can now appeal against the
judgment of KinondoniDisrtrict Court in Civil Appeal No. 117/2009, as well as the steps he
may take to prevent the property from being sold. [ 6.5 marks]

QUESTION FIVE

Explain the conditions precedents to be borne in mind when an aggrieved person intends
to file an application for extension of time to file an appeal out of time. [ 12.5 marks]

QUESTION SIX

a) Which court has jurisdiction to handle taxation issues? [4marks]

b) A and B were litigating against each other from the Primary Court up to the High
Court. In the Primary Court the parties prosecuted their case on their own. A won the
case with costs. In the District Court the decision of the Primary Court was reversed
as no order to costs. In the High Court, the judge upheld the appeal with costs in
appeal and courts below.

Required:
 (i) Explain the general framework used in filing a bill of costs in court of law
[5marks]
(ii) At what time are costs of an interlocutory application filed in court of law?

[3.5 marks]

SPECIMEN EXAMINATION PAPER 3

MMZUMBE UNIVERSITY
FACULTY OF LAW
Course Title: Civil Procedure II
Programme: LL.B. III
Date:
Time:

INSTRUCTIONS
1. Read the instructions on the cover of the answer book.
2. The total number of questions in this paper is FIVE. Answer a total of FOUR
questions.
3. Each question carries 12.5 marks. The number in brackets after each question, or part
of a question, shows the marks allotted.
4. In your answers you should explain the relevant legal principles involved and, where
appropriate, cite the authority in support of these principles.
5. Time allowed: three hours.
6. Candidates are allowed to bring into the examination room clean and un-annotated
copies of statutes.
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QUESTION ONE

What is meant by ‘a suit called for hearing’? [2 marks].

a) The Civil Procedure Code requires that evidence in a civil suit be recorded in a
narrative form.

Required:
(i) Explain what is meant by the concept of ‘recording evidence in a narrative
form’? [ 1 mark]

(ii) Explain the main exception to that general rule under 1 (i) above. [1 mark].

b) X, d/o Z is a defendant in civil case no 14/2015, instituted in the District Court of

Morogoro at Morogoro by U. On 4th May 2015, the matter came for hearing. X did
not appear due to ill health, but this information was not communicated to the court.
 The matter proceeded as scheduled. On 5th June 2015, X‘s health status improved. He
then went to court to check the status of the case, only to find that the judgment was
delivered on 4th May 2015. Assist X. [8.5 marks]

QUESTION TWO
a) What is meant by the concept of ‘default judgment’? [ 2marks].

b) Y, instituted a suit against B, for general damages to the tune of TSH. 60,000,000/= in
the Resident Magistrates’ Court of Morogoro. When the matter came for mention, on
12/May 2015, the counsel for the plaintiff, Y, prayed for the amendment of the plaint.
The prayer was refused by the trial magistrate. The counsel was annoyed by the trial
magistrate’s reaction to his prayer. Then, the counsel, asked the trial magistrate to
disqualify himself from the conduct of the case. The trial magistrate granted the
prayer and ordered as follows:

‘As prayed by the counsel for the plaintiff,

the suit is hereby transferred to RM i/c for re-assignment’.
Mention before the RM i/c on 2nd June 2015.
Sgn
12/05/2015
On the 2nd June 2015, the RM i/c assigned the case file to P, RM. The parties
appeared before her and the matter was scheduled on 8 th June 2015 for necessary
orders. On 8th June 2015, the Plaintiff’s counsel prayed for amendment of the plaint.
The prayer was granted accordingly. The trial court ordered the amended plaint to be
filed within four days. The defendant was also ordered to file his amended written
statement of defence on or before 15th June 2015. The matter was then fixed for
mention on 22/June/2015.

On 22nd June 2015, when the matter came for mention, the defendant was absent and
had not filed his amended written statement of defence. The counsel for the plaintiff
moved the court to grant a default judgment. The court granted the prayer
accordingly.

Required:
a) Was the first trial magistrate legally justified to disqualify himself from the
conduct of the case? [ 4marks].

b) Assist B to defend himself in the above hypothetical situation. [6.5 marks].

QUESTION THREE
The judgment in Civil case no. 42/2014, was delivered on 20/Jan 2015. Q was a plaintiff
in that case and D was a defendant. The outcome of the case was that the residential
house occupied by D, be sold in public auction and the proceeds realized there from be
utilized to set-off Q’s decretal sum. The house to be auctioned is a family house owned
by D, N and P in equal shares. The title deed over the same house is in the custody of the
NMB PLC, Wami Branch as a collateral to secure a loan to the tune of Tsh.
50,000,000/=. The credit facility was processed in Dec 2013.
Required:
You are working for the NMB PLC. Explain how you could go about defending the
interests of the bank.
[ 12.5marks]

QUESTION FOUR
a) State two basic legal considerations for filing an appeal out of time. [ 2marks]

b) On 27th February 2012, the District Court of Kilombero at Ifakara, delivered a

judgment, between C’s mother and D regarding the construction of the Will of their
deceased father who passed away in 1999. At that time C was eighteen years old and
D was forty years old. C has come to you with a court judgment. He wishes to appeal
to the High Court. C could not appeal then because of ignorance and poverty.

Required:
Advise C [10.5 marks]

QUESTION FIVE
a) The law governing the manner of preferring a review of court decision in ordinary
courts in Tanzania is still unsettled [source: anonymous]. Comment on this statement.
[6marks].

b) J, a worker of SUA, engaged advocate W in Civil Case No. 34/2015 in the High
Court of Tanzania (Land Division). When the matter came for hearing, J, tendered a
photocopy of a title deed as his original certificate of title was in the custody of the
bank, which advanced him a loan. The court admitted a copy of the CT for
identification purposes. W and J forgot to tender the original CT during the court
proceedings. The judgment has now been delivered in favour of the defendant on
ground that J has failed to prove his case on balance of probability by not tendering
the original CT.

W is contemplating of taking steps to challenge the decision of the judge. Assist W

using you Civil Procedure II knowledge.
[6marks]