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Tanzania decisions
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The High Court at Mwanza struck out a judicial review application over mining licence cancellation because the applicants had not first obtained leave.
The High Court in Mwanza granted time extension for a judicial review challenge to mining licence cancellation, finding the delay technical and the alleged illegality arguable.
The High Court of Tanzania overruled a preliminary objection that a judicial review leave application was time-barred, holding the filing was within the six-month limit.
The appellant failed to apply for renewal of the primary mining licence within the statutory period; the application made after expiry was invalid. The Mining Authority was not required to serve notice of default for an out-of-time application. The respondent's licence was properly granted as the land was open for new applications. The Commission properly evaluated the evidence and reached a correct decision.
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The DLHT lacked jurisdiction to determine the dispute as it arose from mining rights under a special mining licence, which falls under the mandate of the Commissioner of Mining, not land tribunals. Land rights under the Land Act exclude minerals, and mining disputes are governed by the Mining Act.
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An appellate court cannot grant a temporary injunction to restrain execution of a decree; the proper remedy is an application for stay of execution. The application for temporary injunction is misconceived and must be dismissed.
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The High Court has jurisdiction over disputes concerning land acquisition and compensation, as these are not within the exclusive mandate of the Mining Commission under the Mining Act. The requirement for valuation reports at the preliminary stage is not mandatory for jurisdiction, and the suit was filed within the limitation period as the cause of action arose upon receipt of the eviction notice. The defendant's preliminary objections are without merit and are overruled with costs.
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The appeal fails as the convictions and sentences for unlawful dealing and possession of government trophies are supported by properly admitted evidence and confessions; procedural irregularities do not vitiate the trial. Confiscation of minerals without conviction is unlawful and revised accordingly.
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The dispute was a breach of contract, not a mining or land dispute; the trial court had jurisdiction and the contract was valid. The appellants breached the contract and are liable for general damages.
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The High Court held that the leave application for judicial review was filed after the 60-day limit under the Mining Act and dismissed it as time-barred.
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