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Tanzania Case Law

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Civil procedure DANIEL EPHATA LYIMO

DANIEL EPHATA LYIMO

The High Court allowed a civil revision, holding that the applicant was condemned unheard in district court proceedings that nullified an auction sale.

  • Right to be heard
  • Functus officio
  • Nullification of proceedings
  • Right-to-be-heard
  • Natural-justice
  • Functus-officio
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Probate JUDGMENT Lukas Jastini Mwashiuya vs

JUDGMENT Lukas Jastini Mwashiuya vs

The District Court's decision was a nullity because it decided the issue of res judicata suo moto without affording the parties a right to be heard, violating the principles of natural justice and the constitutional right to be heard.

  • Res judicata
  • Right to be heard
  • Audi alteram partem
  • Nullity of proceedings
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Civil procedure amos lukindo vs anastela gerard mlunga 2021 tzhc 7531 8 november 2021

amos lukindo vs anastela gerard mlunga 2021 tzhc 7531 8 november 2021

The District Court's failure to afford the parties an opportunity to be heard on decisive issues raised suo motu constituted a breach of the fundamental right to be heard, rendering the revisional proceedings and ensuing orders void.

  • Right to be heard
  • Revision proceedings
  • Ex-parte orders
  • Court fees
  • Issuance of summons
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Land law faraji said nyambi vs abdul mkaleka njanike 2021 tzhc 6748 29 october 2021

faraji said nyambi vs abdul mkaleka njanike 2021 tzhc 6748 29 october 2021

The High Court quashed a land tribunal decision after finding that failure to receive key documents breached the parties’ right to be heard and vitiated the proceedings.

  • Right to be heard
  • Procedural fairness
  • Quashing of proceedings
  • Right-to-be-heard
  • Procedural-fairness
  • Natural-justice
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Civil procedure saumu mbaga vs gervas gerald isowe 2021 tzhc 2888 30 april 2021

saumu mbaga vs gervas gerald isowe 2021 tzhc 2888 30 april 2021

The 1st appellate court violated the principle of natural justice by failing to afford parties an opportunity to address the court on the issue of appealability raised suo moto; such violation renders the proceedings and decision a nullity.

  • Right to be heard
  • Appealability of interlocutory orders
  • Procedural fairness
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Civil procedure CIVIL APPLICATION NO 53 01 OF 2020 KASTAN MINIG PLC VERSUS TANZANIA MORTGAGE COMPANY LIMITED t a MORTAGE ANOTHER

CIVIL APPLICATION NO 53 01 OF 2020 KASTAN MINIG PLC VERSUS TANZANIA MORTGAGE COMPANY LIMITED t a MORTAGE ANOTHER

Failure by the High Court Judge to afford parties the right to be heard on issues raised suo motu rendered the proceedings and ruling a nullity, violating principles of natural justice.

  • Right to be heard
  • Suo motu determination
  • Res judicata
  • Jurisdiction
  • Misjoinder of parties
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Civil procedure ivan kodeh others vs sardinius investment limited others 2016 tzca 756 30 march 2016

ivan kodeh others vs sardinius investment limited others 2016 tzca 756 30 march 2016

The Court of Appeal of Tanzania quashed High Court ex parte orders made against non-parties without a hearing, holding the breach of natural justice rendered them a nullity.

  • Right to be heard
  • Ex parte orders
  • Attachment before judgment
  • Interim injunctions
  • Jurisdiction of appellate court
  • Natural-justice
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Civil procedure 20160324 TZCA Dar es Salaam 1

20160324 TZCA Dar es Salaam 1

The Court of Appeal nullified High Court ex parte orders made against non-parties, holding that failing to hear affected persons breached natural justice.

  • Right to be heard
  • Ex parte orders
  • Attachment before judgment
  • Interim injunctions
  • Anton piller orders
  • Judicial impartiality
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Civil procedure nazareth amon vs new africa casino ltd 2014 tzhc 2065 24 july 2014

nazareth amon vs new africa casino ltd 2014 tzhc 2065 24 july 2014

The High Court dismissed a revision challenge to a stay of execution order, holding that although the applicant was absent, the order did not affect his substantial rights.

  • Right to be heard
  • Stay of execution
  • Revision proceedings
  • Right-to-be-heard
  • Stay-of-execution
  • Civil-revision
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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.