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Tanzania decisions
Decisions matching the current search
The High Court at Tanga overruled a preliminary objection and granted extension of time to refile a revision against a CMA award, finding good cause and a curable citation defect.
The Registrar's notice of rectification failed to assign reasons for alleged fraud, depriving the appellant of the right to be heard and violating constitutional property rights. Rectification cannot proceed without procedural fairness.
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The applicant is entitled to a Mareva Injunction restraining the respondents from demolishing or interfering with the disputed land until the statutory notice to sue expires, as all procedural requirements have been met and the respondents do not oppose the application.
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The High Court dismissed a judicial review leave application as time-barred, finding it was filed well outside the six-month limit after the President’s decision.
The High Court struck out a joint judicial review leave application by three former Tanzania Railways employees, holding their separate disciplinary histories created no joint interest.
The High Court dismissed an application for mandamus and certiorari against the Tanganyika Law Society, finding no proven denial of access to documents and no impugned decision.
The High Court struck out a judicial review application as time barred because it was filed outside the 14-day period after leave was granted.
The applicant failed to account for most of the delay, and ignorance of law is not a sufficient reason. However, the inclusion of a new charge (participation in political activities) by the appellate authority, which was not part of the original charges and on which the applicant was not heard, constitutes an apparent illegality on the face of the record. This illegality is sufficient ground to grant extension of time to apply for leave for judicial review.
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The East African Court of Justice dismissed Ola Energy Uganda Limited’s stay application because the trial court’s dismissal of the reference was not a positive order capable of execution.
The Trial Court committed procedural irregularity by bifurcating and separately determining the jurisdictional issue after previously ruling, and being affirmed on appeal, that the issue was of mixed law and fact requiring full hearing. The Appellant was denied a fair hearing due to lack of adequate notice and opportunity to present evidence, contrary to the rule of law and fair trial principles under the Treaty.
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