Peoples' Bank of Zanzibar vs Suleman Haji Suleman (Civil Appeal No. 17 of 1999; Civil No. 35 of 1998) [1999] TZHC 526 (14 July 1999)

SOSTI IENES FUMBUKA v. REPUBLIC 35 l the issue and gave judgement based on that issue. The general principle A is that a court should not frame any additional issue so as to make for either party a case which he had no intention of making for himself. In a situations where a court amends an issue or raises fresh issue or where it considers a matter before it can only be decided on technical point which has not been addressed by the counsel the proper thing for the court to do at any stage before judgement is to re-open the case and give the counsel on each side a reasonable opportunity to lead evidence or address the court on the issue before the court gives its judgement and failure to do that can amount to miscarriage of justice. Therefore based on this view. I hereby allowed this appeal and ordered that the case be retried before another Regional Magistrate. ·- B C D E F G H