Tanzania Case Law

zambia cargo logistics company limited vs stanley nyakunga 39 others 2022 tzhcld 852 22 july 2022

Court

TANZLII

The application is incompetent because the applicant, having changed its name from MOFED Tanzania Limited to Zambia Cargo & Logistics Company Limited, failed to obtain leave of the court to effect the name change in the proceedings, thereby lacking locus standi to bring the application.

Source excerpt

• Extension of time
• Locus standi
• Change of party name
• Commission for mediation and arbitration awards

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absa bank tanzania limited another vs hjordis fammestad 2022 tzca 300 24 may 2022

Court

TZCA

The rectified certificate of delay is invalid as the date of notification is not supported by the record; therefore, the appeal is time barred and incompetent. Leave to file a further supplementary record is denied as it would serve no purpose and is procedurally impermissible. The cross-appeal survives independently and will proceed to hearing.

Source excerpt

• Certificate of delay
• Time limitation for appeals
• Change of party name
• Supplementary record of appeal
• Cross-appeal procedure

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CIVIL APPLICATION NO 713 01 OF 2022 THE BOARD OF TRUSTEES OF THE PUBLIC SOCIAL SECURITY FUND PSSSF VS WILLIAM MWAKITALU 29 OTHERS

Court

TANZLII

The Court lacks jurisdiction to entertain an application for leave to change the name of an applicant in the absence of any pending appeal, intended appeal, revision, review, or reference. The application is therefore improperly before the Court and must be struck out.

Source excerpt

• Change of party name
• Jurisdiction
• Extension of time
• Review proceedings

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tpb bank plc successor in title to tanzania postal bank vs rehema anatunyamadza others 2021 tzca 46 1 march 2021

Court

TZCA

VIOVENA AND COMPANY LIMITED must be joined as a party and served with notice of appeal as it was a party in the High Court and directly affected by the appeal; the appellant's use of the new name without formal application was improper, but in the interest of justice, the court allowed amendment of the notice and record of appeal to reflect the new name and ordered service and joinder within specified time limits.

Source excerpt

• Joinder of parties
• Change of party name
• Service of notice of appeal
• Agency liability
• Defamation
• Unlawful sale of mortgaged property

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inter consult limited vs nora kassanga another 2019 tzca 633 8 february 2019

Court

TZCA

The Court of Appeal struck out a civil appeal as incompetent after finding an irregular change of party name and an improper succession of trial judges.

• Matrimonial property
• Change of party name
• Succession of judges
• Limitation of actions
• Procedural irregularities
• Civil-procedure

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consolidated holding corporation vs nyakato soap industries ltd 2004 tzhc 39 12 february 2004

Court

TZHC

The Court granted both the formal and informal applications to amend the notice of appeal, memorandum of appeal, and notice of cross-appeal to substitute the new name, and allowed amendment of the notice of appeal to specify the part of the High Court decision being appealed against, as permitted by the Court Rules.

Source excerpt

• Amendment of pleadings
• Change of party name
• Appeal procedure

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consolidated holding corporation vs nyakato soap industries ltd 2004 tzhc 24 12 february 2004

Court

TZHC

The Court granted both the formal and informal applications to amend the notice of appeal, memorandum of appeal, and cross-appeal to substitute the new name, and to specify the part of the High Court decision being appealed against, as permitted by the Court Rules.

Source excerpt

• Amendment of pleadings
• Change of party name
• Appeal procedure

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20040212 TZCA Dar es Salaam

Court

TZCA

The Court has discretion under Rule 104 to allow amendments to notices of appeal and related documents at any time, including substitution of party names and specification of the part of the decision appealed against. Both formal and informal applications for such amendments are permissible under the Rules.

Source excerpt

• Amendment of pleadings
• Change of party name
• Appeal procedure

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consolidated holdings corporation vs wakato soap industries ltd 2004 tzhc 4 12 february 2004

Court

TZHC

The Court has the discretion under Rule 104 to allow amendments to the notice of appeal, memorandum of appeal, and cross-appeal to substitute the correct party name and to specify the part of the decision being appealed. Both formal and informal applications for such amendments are permissible.

Source excerpt

• Amendment of pleadings
• Change of party name
• Appeal procedure

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