Tanzania Case Law

MAGRETH ALUDO RYAGA

Court

TANZLII

The respondent failed to provide a sufficient description of the disputed land in the pleadings as required by law, and the Tribunal erred by granting relief based on particulars introduced only during the visit to the locus in quo, rendering the proceedings, judgment, and decree invalid.

Source excerpt

• Description of suit land
• Pleadings requirements
• Jurisdiction of district land and housing tribunal
• Application of civil procedure code
• Land disputes (district land and housing tribunal) regulations

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chimaga masaka and another vs chimaga masaga 2023 tzhc 23605 15 december 2023

Court

TZHC

The High Court nullified Land Tribunal proceedings for serious irregularities in recording evidence and ordered a retrial before a different chairperson.

• Re-evaluation of evidence
• Irregularity in tribunal proceedings
• Application of civil procedure code
• Nullification of proceedings
• Order for retrial
• Land-law

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dosla shauri vs domu shauri 2023 tzhc 23544 1 december 2023

Court

TZHC

The High Court dismissed an appeal over setting aside an ex parte district-court decision, holding that the wrong procedural citation was curable and the hearing should proceed inter partes.

• Jurisdiction
• Ex-parte proceedings
• Setting aside ex-parte judgment
• Appeals from primary court
• Application of civil procedure code
• Natural justice

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edmund lucas shao vs asheli mwanda 2023 tzhclandd 16693 24 july 2023

Court

TANZLII

The High Court struck out a land revision application as premature because it challenged an interlocutory ruling allowing amendment of a defence and counterclaim.

• Revision
• Interlocutory orders
• Application of civil procedure code
• District land and housing tribunal jurisdiction
• Land-revision
• Interlocutory-orders

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Maombi Madogo

Court

TANZLII

The application for extension of time is granted on the ground of likelihood of illegality, as the Taxing Officer's order striking out the Bill of Costs with leave to refile was made without jurisdiction under the Advocates Remuneration Order, 2015. The proper remedy is by reference to a Judge of the High Court, and the applicant is granted 14 days to file such reference.

Source excerpt

• Extension of time
• Taxation of costs
• Jurisdiction of taxing officer
• Application of civil procedure code
• Reference procedure under advocates remuneration order

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sofia jacob vs monica tsakhali another 2022 tzhc 952 31 march 2022

Court

TZHC

The High Court struck out an application for stay of execution, holding that the Civil Procedure Code did not apply to proceedings originating from the Primary Court.

• Stay of execution
• Appeals from primary court
• Jurisdiction
• Application of civil procedure code
• Stay-of-execution
• Primary-court-appeals

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kuruthum moshi rashid vs amos wambura serikali 2021 tzhc 7487 3 december 2021

Court

TZHC

High Court struck out a juvenile civil appeal as incompetent for failing to attach required documents or obtain leave to dispense with them.

• Appeals from juvenile court
• Attachment of documents to memorandum of appeal
• Application of civil procedure code
• Interpretation of procedural rules
• Juvenile-appeals
• Civil-procedure

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shenaz ismail noray vs dhirajial muui durasa 2020 tzhclandd 3966 16 november 2020

Court

TANZLII

The application for revision is barred by section 79(2) of the Civil Procedure Code, which prohibits revisions against interlocutory decisions that do not finally determine the matter in controversy. This principle applies to revisions under section 43(1) of Cap. 216, as there is no express provision to the contrary.

Source excerpt

• Revision jurisdiction
• Interlocutory orders
• Application of civil procedure code
• Land disputes courts act

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20140626 TZHC Arusha

Court

TZHC

The High Court dismissed a civil revision application, holding it was filed under the wrong law because the dispute originated from a Primary Court.

• Jurisdiction
• Application of civil procedure code
• Primary court proceedings
• Civil-procedure
• Primary-court-proceedings
• Civil-revision

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20140109 TZHC Dar es Salaam1

Court

TZHC

The application is incompetent for want of leave of representation as required by Rule 44(2) of the Labour Court Rules; the Civil Procedure Code does not apply in this context; the affidavit is not defective but does not represent the interests of all applicants.

Source excerpt

• Leave to appeal
• Representation in court
• Defective affidavit
• Application of civil procedure code

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