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Tanzania Case Law

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Civil procedure CIVIL APPLICATION NO

CIVIL APPLICATION NO

The application for review was dismissed because the alleged errors were not manifest or apparent on the face of the record, and the issue of cause of action, though raised without hearing the parties, was not integral to the final decision. The Court held that review cannot be used to re-argue the appeal or to correct alleged errors that require perusal of the record or elaborate reasoning.

  • Review of appellate decisions
  • Right to be heard
  • Eviction procedures
  • Notice requirements in execution of decrees
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Civil law mrs fakharia shamji vs registered trustees of the khoja shia ithnasheri mza jamaat 2022 tzhc 14997 6 december 2022

mrs fakharia shamji vs registered trustees of the khoja shia ithnasheri mza jamaat 2022 tzhc 14997 6 december 2022

The High Court found unlawful eviction and confiscation of household items, but not the alleged Tzs. 58,000,000 cash claim, and awarded general damages.

  • Unlawful eviction
  • Trespass
  • General damages
  • Burden of proof
  • Confiscation of property
  • Unlawful-eviction
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Contract law bray properties ltd vs czech republic consulate and another 2020 tzhccomd 2079 7 february 2020

bray properties ltd vs czech republic consulate and another 2020 tzhccomd 2079 7 february 2020

The High Court held that the defendants breached a tenancy agreement by failing to pay rent, awarding outstanding arrears and mesne profits, but not general damages.

  • Breach of tenancy agreement
  • Outstanding rent
  • Mesne profits
  • Damages
  • Breach-of-tenancy-agreement
  • Rent-arrears
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Contract law NA TZHC Dar es Salaam

NA TZHC Dar es Salaam

Plaintiffs were in arrears of rent at the time of eviction and, under the lease agreement, were not entitled to further notice before eviction. Their failure to pay rent timely constituted breach, justifying the defendant's actions. Plaintiffs cannot benefit from their own breach.

  • Breach of lease
  • Eviction
  • Arrears of rent
  • Specific performance
  • Damages
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Contract law 20100624 TZHC Dr es Salaam

20100624 TZHC Dr es Salaam

The High Court held that a lease was lawfully terminated on six months’ notice, dismissed the tenant’s damages claim, and awarded rent arrears on counterclaim.

  • Lease agreement
  • Eviction
  • Special damages
  • General damages
  • Counterclaim
  • Arrears of rent
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Civil procedure elizabeth augustino said vs oysterbay properties ltd another 2005 tzhc 130 22 june 2005

elizabeth augustino said vs oysterbay properties ltd another 2005 tzhc 130 22 june 2005

The High Court struck out a petition seeking enforcement of a Housing Tribunal order, holding that execution lay in the Court of the Resident Magistrate.

  • Jurisdiction
  • Enforcement of tribunal orders
  • Execution of decrees
  • Execution-of-decrees
  • Landlord-and-tenant-law
  • Tribunal-orders
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Tort law shabani mbogo ta mwangaza dispensary vs zakayo mark 2005 tzhc 223 17 february 2005

shabani mbogo ta mwangaza dispensary vs zakayo mark 2005 tzhc 223 17 february 2005

The prosecution of the respondent was not actuated by malice and was based on reasonable and probable cause, as the respondent's act of blocking the toilet constituted a disturbance and justified the appellant's report to the police. The respondent failed to prove the torts of defamation and malicious prosecution to the required standard. The trial court erred in awarding damages and in proceeding against both defendants after the death of the 1st defendant.

  • Malicious prosecution
  • Defamation
  • Landlord-tenant dispute
  • Assessment of damages
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Tort law 20050217 TZHC Dar es Salaam

20050217 TZHC Dar es Salaam

The High Court allowed an appeal, set aside a trial award for malicious prosecution and defamation, and held there was reasonable and probable cause for the police report.

  • Malicious prosecution
  • Defamation
  • Assessment of damages
  • Reasonable and probable cause
  • Landlord-tenant disputes
  • Malicious-prosecution
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Civil procedure 20010606 TZHC Mbeya

20010606 TZHC Mbeya

The High Court held that the primary court and District Court lacked jurisdiction over a landlord-tenant dispute governed by the Rent Restriction Act and quashed both proceedings.

  • Jurisdiction
  • Rent restriction
  • Setting aside ex parte decree
  • Landlord-tenant-law
  • Rent-restriction-act
  • Ex-parte-decree
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.