EDGAR LONGINUS MHAGAMA vs MARIA MWENDA
The Court of Appeal of Tanzania allowed the civil appeal between Edgar Longinus Mhagama and Maria Mwenda.
- Appeal
- Civil-procedure
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MARTHA CONRAD KOMBA vs SARAH MWAIKUSA
The High Court set aside the first appellate court’s judgment, holding that territorial jurisdiction had been found on facts not pleaded or proved in the trial record.
- Territorial jurisdiction
- Place of suing
- Appellate review
- Failure to determine all grounds of appeal
- Admission of liability
- Joinder of parties
Magidinga Jidai & 12 Others vs Kadele Lugwesa Sengelema (Administrator of the Estate of the Late Sengelema Kadele)
Taxing Officer Mariki taxed a withdrawn suit’s costs at Tshs. 3,520,000/=, reducing instruction fees and attendance allowance after reviewing the record.
- Instruction fees
- Advocates attendance allowance
- Disbursements
- Withdrawn suit
- Preliminary objection costs
- Taxation-of-costs
Samamba Peter Masasi (Administrator of the Estate of the Late Chausiku Masasi) v Ibrahim Emmanuel Dabuya and others
The High Court at Mwanza set aside a dismissal for want of prosecution and restored the land appeal, finding sufficient cause, curable service defects, and no irremediable prejudice.
- Restoration of dismissed appeal
- Want of prosecution
- Sufficient cause
- Substituted service
- Service of process
- Substitution on death of party
Hawa Edgar vs Elizabeth Ijoka Jagale
The High Court allowed the appeal, set aside the tribunal’s striking-out order, and held the pleadings disclosed trespass, not breach of lease.
- Jurisdiction
- Preliminary objection
- Lease agreement
- Trespass / unlawful invasion
- Appeal from tribunal
- Preliminary-objection
JARED B. OTHORA vs JOAKIM OTHORA
The taxing officer allowed part of the bill, taxing the plaintiff’s costs at Tshs 1,620,000/= and taxing off the balance after reducing several claimed items.
- Advocate remuneration
- Instruction fees
- Consultation fees
- Attendance fees
- Disbursements
- Taxation of a bill of costs
GEOFREY JAFET ANANIA vs AMIRI ABDULRAHMAN KIROBOTO
The High Court at Tanga allowed a land appeal, expunged Exhibit R1, set aside the tribunal decision, and declared the appellant the lawful owner.
- Ownership of land
- Trespass
- Pleadings and counterclaims
- Burden of proof
- Admissibility of documentary evidence
- Functus officio
Gwalila Ndilana (As administrator of the estates of the late Himu Jidamabi Magolanga) v Richard Kamama and Jeremiah Kamama
The High Court nullified land tribunal proceedings for failure to comply with mandatory ward tribunal mediation under section 13(4) of the Land Disputes Courts Act.
- Jurisdiction
- Mandatory pre-litigation mediation
- Ward tribunal procedure
- Nullity of proceedings
- Land dispute adjudication
- Land-disputes
ANNA KUDILILWA MALI vs MARIA KAHOLWE
The High Court at Shinyanga granted the applicant seven days to file an intended appeal, finding sufficient cause after an incomplete order delayed refiling.
- Extension of time
- Appeal
- Sufficient cause
- Delay
- Customary law proceedings
- Extension-of-time
Neema Hashim Ngajilo vs Agatha Charles Ambakisye
The High Court at Sumbawanga granted an ex parte application to enlarge time for filing a notice of appeal, finding record-based illegalities in the probate proceedings.
- Enlargement of time
- Notice of appeal
- Ex parte application
- Sickness as sufficient cause
- Alleged illegalities in decision
- Cross-examination in primary court proceedings
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