Tanzania Case Law

ANADOLU ANONIM TURK SIGORTA SIRKETI VS T POERT AUTHORITY COMM CASE NO

Court

TANZLII

The Plaintiff, as subrogee, is bound by the broad forum selection clause in the Bill of Lading, which covers all disputes arising out of or in connection with the Bill of Lading, including tort claims. The Tanzanian court must stay proceedings and refer the parties to the agreed forum in Germany. The preliminary objection on limitation fails as it is not a pure point of law but requires evidence.

Source excerpt

• Forum selection clauses
• Subrogation
• Tort of negligence
• Jurisdiction
• Limitation of actions

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comviva technologies vs venance edson 2022 tzhcld 940 29 september 2022

Court

TANZLII

The High Court held that the parties had a consultancy agreement, not an employment contract, and that the CMA lacked jurisdiction. The award was quashed.

• Employment relationship determination
• Jurisdiction of labour tribunals
• Enforcement of arbitration clauses
• Interpretation of consultancy agreements
• Employment-relationship-determination
• Labour-tribunal-jurisdiction

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scova engineering spa another vs mtibwa estates ltd others 2021 tzca 74 12 march 2021

Court

TZCA

The Court of Appeal upheld a forum-selection clause choosing the Court of Rome, declined Tanzanian jurisdiction, and replaced dismissal with a stay.

• Jurisdiction
• Choice of law
• Forum selection clauses
• Privity of contract
• Stay of proceedings
• Forum-selection-clauses

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gharib abdallah juma vs kay mlinga 2002 tzca 10 11 april 2002

Court

TZCA

The Court of Appeal held that a Danish marriage settlement was valid, but Zanzibar land-law limits prevented the respondent from owning immovable property there.

• Matrimonial property division
• Recognition of foreign marriage settlements
• Ownership of immovable property by non-zanzibaris
• Enforceability of foreign contracts
• Matrimonial-property-division
• Conflict-of-laws

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juma vs mlinga 2002 tzca 3 11 april 2002

Court

TZCA

The Court of Appeal upheld a foreign marriage settlement, but limited enforcement in Zanzibar by local land ownership rules. The respondent received a monetary share and movable assets.

• Matrimonial property
• Community of property
• Foreign marriage settlements
• Land ownership restrictions
• Enforcement of foreign contracts
• Matrimonial-property

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NA TZHC Zanzibar

Court

TZHC

The Court of Appeal held that a Danish marriage settlement was valid in Zanzibar, but immovable Zanzibar property could not be transferred to a non-Zanzibari spouse.

• Matrimonial property division
• Enforceability of foreign marriage settlements
• Community of property
• Land ownership restrictions
• Registration of documents
• Domicile and property rights

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19981030 TZHC Dar es Salaam

Court

TZHC

The High Court held that a foreign-law clause did not oust its jurisdiction and that limitation issues were triable, dismissing preliminary objections.

• Jurisdiction
• Limitation period
• Choice of law
• Carriage of goods by sea
• Choice-of-law
• Limitation-period

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