Tanzania Case Law

Ruling MWAJUMA Misc Civil Application No

Court

TANZLII

The application is incompetent for seeking an order against a party not privy to the proceedings, specifically the corporate entity now holding title to the property. The court cannot issue orders against a non-party, and the applicant failed to properly amend the application to include the correct party. The preliminary objection on this ground is sustained.

Source excerpt

• Status quo orders
• Jurisdiction
• Misjoinder and non-joinder of parties
• Administrator liability
• Corporate legal personality

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emmanuel 2

Court

TANZLII

The first respondent had locus standi as he was a party to the partnership agreement, both orally and in writing, and was sufficiently connected to the subject matter. The partnership agreement was valid and enforceable. The names Ernest Sinamkole Mwakadinda and Ernest Said Mwakadinda referred to the same person. The appellant, as administrator, was liable for breach of contract. The trial court properly evaluated the evidence and reached a just conclusion.

Source excerpt

• Locus standi
• Breach of contract
• Partnership agreement
• Administrator liability
• Damages

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felix chuwa vs hassan jumanne 2014 tzhc 2240 26 may 2014

Court

TZHC

The High Court dismissed a land appeal, holding that a respondent’s estate administrator was not liable under a lease contract to which the deceased was not shown to have consented.

• Contract validity
• Matrimonial property
• Administrator liability
• Res judicata
• Jurisdiction of primary court
• Land-law

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