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Tanzania Case Law

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Civil procedure CIVIL Revision DC

CIVIL Revision DC

District Court acted improperly by releasing attached motor vehicle before determining preliminary objection and revision application; proper procedure requires hearing and disposal of preliminary objection first, followed by substantive application; order of release was premature and lacked judicial basis.

  • Revision of lower court orders
  • Execution of judgment
  • Preliminary objection procedure
  • Attachment and release of property
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Civil procedure FOUR WAYS TRAVEL SERVICES MZA LTD

FOUR WAYS TRAVEL SERVICES MZA LTD

The judgement debtor, having defaulted on the settlement and failed to appear despite notice, is liable to be arrested and brought before the court under Order XXI Rule 35(2) of the CPC.

  • Execution of decree
  • Arrest and detention as civil prisoner
  • Default on settlement agreement
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Civil procedure mrs zubeda ahmed lakha vs hajibhai kara ibrahim 2023 tzhc 22688 16 october 2023

mrs zubeda ahmed lakha vs hajibhai kara ibrahim 2023 tzhc 22688 16 october 2023

The judgment debtor failed to appear and has evaded execution of the decree; therefore, under Order XXI Rule 35(2) of the Civil Procedure Code, the court is empowered to order his arrest and detention as a civil prisoner.

  • Execution of decree
  • Arrest and detention of judgment debtor
  • Civil imprisonment
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Civil procedure issa selemani mwanga vs hamisi mega 2023 tzhc 17044 2 may 2023

issa selemani mwanga vs hamisi mega 2023 tzhc 17044 2 may 2023

The High Court dismissed a civil appeal over alleged misappropriation of group funds, holding the respondent had locus standi and the award was supported by evidence.

  • Locus standi
  • Misappropriation of funds
  • Representation of group members
  • Application of procedural rules
  • Locus-standi
  • Civil-appeal
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Civil procedure dpp vs izack osward 2022 tzhc 15478 21 december 2022

dpp vs izack osward 2022 tzhc 15478 21 december 2022

The District Court lacked jurisdiction to execute the Primary Court's order for attachment of the appellant's bank account; such execution falls within the exclusive jurisdiction of the Primary Court under Rule 56, which only allows District Court involvement for shares in companies or partnerships. The District Court's proceedings and orders were a nullity.

  • Execution of judgments
  • Jurisdiction of courts
  • Attachment of property
  • Bank account attachment
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Civil procedure bullem investment vs selemani juma tungu 2022 tzhc 15472 16 december 2022

bullem investment vs selemani juma tungu 2022 tzhc 15472 16 december 2022

The District Court lacked jurisdiction to execute the Primary Court's order for attachment of the appellant's bank accounts; such execution falls within the exclusive jurisdiction of the Primary Court under Rule 56. The District Court's proceedings and orders were a nullity.

  • Execution of judgments
  • Jurisdiction of courts
  • Attachment of property
  • Bank account attachment
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Civil procedure hans aingaya macha vs dira newspaper company ltd and another 2022 tzhc 15166 15 december 2022

hans aingaya macha vs dira newspaper company ltd and another 2022 tzhc 15166 15 december 2022

The judgment debtor's director failed to provide justifiable reasons for non-payment of the decretal amount, having defaulted since 2016 and made unfulfilled promises. The court found the conduct dishonest and fraudulent, warranting committal to civil prison unless the decretal amount is paid within 14 days.

  • Execution of decree
  • Committal to civil prison
  • Consent judgment
  • Subsistence allowance
  • Guarantee of performance
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Civil procedure stanbic bank tanzania limited vs mashaka jonas madale ta madale trans and supply of agricultural products 2021 tzhc 3958 30 june 2021

stanbic bank tanzania limited vs mashaka jonas madale ta madale trans and supply of agricultural products 2021 tzhc 3958 30 june 2021

The requirements of Order XXI rule 35(2) of the Civil Procedure Code were met as the judgment debtor failed to appear after proper notice; therefore, a warrant of arrest is justified unless the decretal sum is paid within 14 days.

  • Execution of decree
  • Arrest and detention of judgment debtor
  • Non-payment of debt
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Banking bank of africa t ltd vs maisam mohamed faza ta international road haulage 2018 tzhccomd 42 9 april 2018

bank of africa t ltd vs maisam mohamed faza ta international road haulage 2018 tzhccomd 42 9 april 2018

Default judgment in a commercial debt recovery suit. The High Court ordered the defendant to pay outstanding credit facility debt, contractual interest, court interest, and costs.

  • Credit facility
  • Mortgage enforcement
  • Default judgment
  • Default-judgment
  • Debt-recovery
  • Credit-facility
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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.