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Tanzania Case Law

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Civil procedure CIVIL APPLICATION NO

CIVIL APPLICATION NO

The application was struck out because the applicants failed to comply with Rule 11 (4) and 11 (7) (d) of the Tanzania Court of Appeal Rules, 2009, by not attaching a notice of execution issued by the executing officer. A notice from the Registrar of Titles is not sufficient, and without a pending execution process, the Court cannot grant a stay of execution or invoke its inherent jurisdiction under Rule 4 (2).

  • Stay of execution
  • Compliance with court rules
  • Jurisdiction
  • Execution proceedings
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Civil procedure CIVIL APPLICATION NO

CIVIL APPLICATION NO

The application was struck out because the applicant failed to serve the notice of motion and supporting documents to the respondent within the prescribed time, as required by Rule 55(1) of the Tanzania Court of Appeal Rules, 2009, rendering the application incompetent.

  • Stay of execution
  • Service of process
  • Compliance with court rules
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Civil procedure CIVIL APPEAL NO 552 OF 2024 NASOR HAMIS NASOR VS REGINA ISHEMWAMBURA

CIVIL APPEAL NO 552 OF 2024 NASOR HAMIS NASOR VS REGINA ISHEMWAMBURA

The preliminary objections failed to comply with rule 107 of the Tanzania Court of Appeal Rules, 2009, lacking specific legal provisions, attached copies, and particulars, and would not dispose of the appeal; therefore, they are dismissed.

  • Preliminary objections
  • Appeal procedure
  • Compliance with court rules
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Civil procedure CIVIL APPLICATION NO

CIVIL APPLICATION NO

The respondent failed to institute the intended appeal within the prescribed time and had no valid excuse, as the certified documents were available before the request was made; thus, the notice of appeal must be struck out for non-compliance with Rule 90(1).

  • Appeals
  • Striking out notice of appeal
  • Compliance with court rules
  • Timeliness of appeal
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Civil procedure state oil tanzania limited vs equity bank tanzania limited another 2022 tzca 712 18 november 2022

state oil tanzania limited vs equity bank tanzania limited another 2022 tzca 712 18 november 2022

The Court of Appeal of Tanzania dismissed an application to strike out a notice of appeal, holding that the respondents had acted diligently despite later delay by the Registrar.

  • Notice of appeal
  • Essential steps in appeal
  • Compliance with court rules
  • Registrar's duties
  • Certificate of delay
  • Notice-of-appeal
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Civil procedure razak mahmoud hussein vs sultan ali abdulla gulamhussein 2019 tzca 544 9 september 2019

razak mahmoud hussein vs sultan ali abdulla gulamhussein 2019 tzca 544 9 september 2019

The applicant failed to cumulatively satisfy mandatory conditions for grant of stay of execution, specifically by not furnishing security and not attaching notice of intended execution, rendering the application premature and incompetent.

  • Stay of execution
  • Compliance with court rules
  • Prematurity of application
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Civil procedure 20180423 TZCA Dar es Salaam

20180423 TZCA Dar es Salaam

The Court of Appeal of Tanzania allowed Tanzania Electric Supply Co. Ltd to amend a notice of motion so it complied with Form A of the Rules.

  • Amendment of pleadings
  • Court procedure
  • Compliance with court rules
  • Civil-procedure
  • Amendment-of-pleadings
  • Court-rules-compliance
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Criminal law khamis abdul wahab manhmoud vs director of public prosecution 2016 tzca 2095 28 november 2016

khamis abdul wahab manhmoud vs director of public prosecution 2016 tzca 2095 28 november 2016

The Court of Appeal struck out a criminal appeal after finding the notice of appeal defective for non-compliance with the Court of Appeal Rules.

  • Notice of appeal
  • Procedural defects
  • Compliance with court rules
  • Criminal-appeal
  • Notice-of-appeal
  • Appellate-procedure
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Civil procedure elias ramin bachu vs joseph paul zenda 2016 tzca 702 3 august 2016

elias ramin bachu vs joseph paul zenda 2016 tzca 702 3 august 2016

The Court of Appeal struck out a civil appeal as incompetent because the record of appeal omitted documents required by Rule 96(2) of the Court of Appeal Rules, 2009.

  • Appeal procedure
  • Record of appeal
  • Compliance with court rules
  • Appeal-procedure
  • Record-of-appeal
  • Court-rules-compliance
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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.