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Tanzania Case Law

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Civil procedure APPLICATION NO

APPLICATION NO

The applicants satisfied the requirements for leave to file a representative suit under Order 1 Rule 8 of the Civil Procedure Code by demonstrating common interest, obtaining consent, and providing sufficient affidavit evidence. The objections raised by the 1st and 2nd respondents were not substantiated by admissible evidence and did not outweigh the applicants' compliance with the legal prerequisites.

  • Representative suits
  • Leave to sue
  • Common interest
  • Affidavit evidence
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Labour law CIVIL APPLICATION NO 2025 HJF MEDICAL RESEARCH INTERNATIONAL INC VS EMMA BASIMAKI 32 OTHERS

CIVIL APPLICATION NO 2025 HJF MEDICAL RESEARCH INTERNATIONAL INC VS EMMA BASIMAKI 32 OTHERS

The application was filed out of time as the applicant became aware of the execution proceedings on or before 27th January 2025 but filed the application on 28th February 2025. The supporting affidavit contained material falsehoods regarding the date of awareness, making it unsafe and incompetent to support the application. Without a valid affidavit, the application is incompetent and must be struck out.

  • Stay of execution
  • Affidavit evidence
  • Time limitation
  • Unfair termination
  • Execution of decree
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Civil procedure RULING JOHN JONSON SUMMER

RULING JOHN JONSON SUMMER

The High Court at Mbeya restored a petition dismissed for want of prosecution after finding sufficient cause from counsel’s bereavement and attempted representation.

  • Restoration of dismissed suit
  • Sufficient cause
  • Affidavit evidence
  • Discretion of court
  • Civil-procedure
  • Restoration-of-suit
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Land law RWABUTAZA

RWABUTAZA

The High Court in Mwanza dismissed an application for extension of time to appeal, finding no sufficient evidence of technical delay and no basis to consider unpleaded illegality grounds.

  • Extension of time
  • Appeals
  • Affidavit evidence
  • Technical delay
  • Extension-of-time
  • Land-appeals
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Civil procedure JULIUS MIBURO KABIRIGI

JULIUS MIBURO KABIRIGI

Applicant failed to establish sufficient cause for delay as the ground of illegality was not deponed in the affidavit and illness was not shown to have persisted for the entire period of delay. Each day of delay was not accounted for as required by law.

  • Extension of time
  • Appeals
  • Affidavit evidence
  • Delay justification
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Civil procedure ruling MARRY APPLICATION

ruling MARRY APPLICATION

The applicant failed to prove that the suit property belonged to the late Selemani Juma Kigera as he was never registered as owner on the certificate of title; all transactions were made while he was alive and he never objected; thus, the property does not belong to the applicant or the deceased's estate and the application lacks merit.

  • Matrimonial property
  • Execution of judgments
  • Mortgage validity
  • Ownership of land
  • Affidavit evidence
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Civil procedure benjamin h ndesarion ta harambee bus service sub40 bus services vs ms rahisi general merchant ltd another 2024 tzca 189 18 march 2024

benjamin h ndesarion ta harambee bus service sub40 bus services vs ms rahisi general merchant ltd another 2024 tzca 189 18 march 2024

Court of Appeal of Tanzania dismissed a reference seeking enlargement of time to serve a notice of appeal and request for proceedings.

  • Extension of time
  • Service of notice of appeal
  • Affidavit evidence
  • Discretion of single justice
  • Extension-of-time
  • Notice-of-appeal
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Civil procedure abdulrahman malick mugala v tina kassim mohamed 2024 tzhc 208 12 february 2024

abdulrahman malick mugala v tina kassim mohamed 2024 tzhc 208 12 february 2024

The court record shows that both parties were present and given an opportunity to address the court, even if they chose not to add anything beyond their affidavits. The complaint of denial of the right to be heard is not supported by the record. The appeal lacks merit and is dismissed.

  • Right to fair hearing
  • Extension of time
  • Affidavit evidence
  • Court discretion
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Civil procedure 91

91

Applicant failed to advance sufficient cause for delay; affidavit evidence was hearsay, no medical proof of sickness, and alleged illegalities were not substantiated or apparent on the face of record. Delay was inordinate and unaccounted for.

  • Extension of time
  • Appeal
  • Illegality
  • Security for costs
  • Affidavit evidence
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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.