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Tanzania Case Law

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Civil procedure CIVIL REFERENCE NO 08 OF 2024 NASOR HAMIS NASOR VS REGINA ISHEMWAMBURA

CIVIL REFERENCE NO 08 OF 2024 NASOR HAMIS NASOR VS REGINA ISHEMWAMBURA

Court
TANZLII

The procedural defect in filing the reference by notice of motion without affidavit was not fatal and could be cured by the overriding objective principle. Substantively, the applicant failed to prove substantial loss or provide valid security for due performance, as the house offered as security was not his. The single Justice's decision was correct and did not warrant appellate interference.

Source excerpt

  • Stay of execution
  • Reference procedure
  • Judicial discretion
  • Affidavit requirement
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Civil procedure ben mahenge vs mucoba plc 2 others 2023 tzhc 17519 30 may 2023

ben mahenge vs mucoba plc 2 others 2023 tzhc 17519 30 may 2023

Court
TZHC

The High Court held that a missing supporting affidavit was a curable irregularity and ordered the applicant to supply it, rather than striking out the reference.

  • Affidavit requirement
  • Curable irregularities
  • Overriding objective
  • Civil litigation
  • Civil-procedure
  • Affidavits
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Labour law simon mwita mlagani another vs kiribo limited 2022 tzhc 602 15 march 2022

simon mwita mlagani another vs kiribo limited 2022 tzhc 602 15 march 2022

Court
TZHC

The High Court struck out a decree holders’ execution application seeking arrest and detention of a company director for payment of a labour decree, holding that affidavit proof was missing.

  • Execution of decree
  • Corporate veil
  • Arrest and detention
  • Affidavit requirement
  • Execution-of-decree
  • Arrest-and-detention
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Criminal law benjamin mpilimi others vs republic 2013 tzca 244 15 march 2013

benjamin mpilimi others vs republic 2013 tzca 244 15 march 2013

Court
TZCA

Court of Appeal struck out a criminal review application for lack of affidavit, failure to identify the decision under review, and lateness.

  • Review of appellate judgment
  • Limitation period for review
  • Procedural defects
  • Affidavit requirement
  • Criminal-appeal-procedure
  • Appellate-review
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Civil procedure sabas william kiwango vs the attorney general 2011 tzhc 2067 15 march 2011

sabas william kiwango vs the attorney general 2011 tzhc 2067 15 march 2011

Court
TZHC

The petition is not properly before the court because it lacks a supporting affidavit as required by section 29(1) of the Advocates Act. Article 107A(2)(e) of the Constitution does not override mandatory statutory requirements.

Source excerpt

  • Advocates suspension
  • Procedural compliance
  • Affidavit requirement
  • Wrong citation of law
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Civil procedure 19920713 TZHC Dar es Salaam

19920713 TZHC Dar es Salaam

Court
TZHC

The High Court dismissed a civil application for review after finding it was not supported by the required affidavit and was therefore incompetent.

  • Review applications
  • Affidavit requirement
  • Preliminary objection
  • Civil-procedure
  • Review-applications
  • Affidavit-requirement
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.