Tanzania Case Law

PETER TE LINTEL AND SOLANDRA LTD MISC

Court

TANZLII

The respondents' failure to file a verifying affidavit to their answer rendered their factual allegations inadmissible, leaving the petitioners' verified allegations unopposed. The 2nd and 3rd respondents, as resident directors, failed to hold statutory meetings, withheld financial information, and did not comply with statutory requirements, amounting to conduct that was unfairly prejudicial to the petitioners' interests as members under section 233 of the Companies Act. The petition was thus meritorious and appropriate remedies were granted.

Source excerpt

• Unfair prejudice
• Shareholder rights
• Corporate governance
• Directors' duties
• Statutory meetings
• Financial disclosure

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attorney general of the republic of burundi v niyongabo and another application 6 of 2022 2022 eacj 26 11 may 2022

Court

EACJ

The East African Court of Justice allowed an amendment to an affidavit, correcting reversed party names and a mistaken title, without changing the sworn averments.

• Amendment of pleadings
• Affidavit practice
• Appellate procedure
• Affidavit-practice
• Amendment-of-pleadings
• Appellate-procedure

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fatuma ally mohamed vs mohamed salehe 2020 tzhclandd 2320 2 october 2020

Court

TANZLII

The High Court dismissed an application for a temporary injunction pending appeal after finding the applicant had not shown the required legal conditions.

• Temporary injunctions
• Appeal proceedings
• Affidavit practice
• Temporary-injunctions
• Appeals
• Affidavits

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director of public prosecution vs masunga muhamali and another 2020 tzhc 2362 21 august 2020

Court

TZHC

The High Court dismissed the DPP’s application to extend time to appeal, holding that the abandoned main affidavit left no evidence and the alleged jurisdictional illegality was not enough.

• Extension of time
• Jurisdiction
• Wildlife offences
• Affidavit practice
• Extension-of-time
• Affidavit-practice

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maxinsure tanzania ltd vs pan oceanic insurance brokers ltd 2020 tzhccomd 43 13 may 2020

Court

TZHCCOMD

The application was fatally defective due to incorrect case title, improper party served, absence of affidavit, and lack of enabling provision; these defects go to the root and warrant striking out the application.

Source excerpt

• Execution of decree
• Corporate veil
• Affidavit practice
• Case title defect

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andrea mtinda vs republic 2010 tzca 28 23 march 2010

Court

TZCA

The Court of Appeal held that the prisoner’s notice of appeal had been filed in time and set aside the High Court’s refusal to extend time.

• Extension of time
• Notice of appeal
• Revisional powers
• Affidavit practice
• Extension-of-time
• Notice-of-appeal

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20100323 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal held that the appellant’s notice of appeal had been filed in time and set aside the High Court’s refusal to extend time.

• Extension of time
• Notice of appeal
• Affidavit practice
• Revisional jurisdiction
• Extension-of-time
• Notice-of-appeal

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20090924 TZHC Arusha

Court

TZHC

The High Court refused a further extension of time to file a counter-affidavit and held the application to set aside the dismissal should proceed to hearing.

• Dismissal for non-appearance
• Setting aside ex-parte orders
• Affidavit practice
• Extension of time
• Civil-procedure
• Dismissal-for-non-appearance

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dunia worldwide trading company limited vs consolidated holding corporation 2008 tzca 76 25 september 2008

Court

TZCA

The application is incompetent for failure to formally substitute the respondent as successor in title by application under Rule 3(2)(a); mere operation of law or party consent is insufficient. The second point of objection regarding rejoinder affidavits does not amount to a preliminary objection as it would not dispose of the application.

Source excerpt

• Substitution of parties
• Preliminary objection
• Corporate succession
• Affidavit practice
• Costs

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20080925 TZCA Dar es Salaam

Court

TZCA

The application was struck out because the applicant failed to formally move the court for substitution of parties after the respondent became the successor in title by operation of law. Mere consent or reference in affidavits does not effect substitution; a formal application under Rule 3(2)(a) is required. The first point of preliminary objection was upheld.

Source excerpt

• Substitution of parties
• Preliminary objection
• Affidavit practice
• Costs

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