Tanzania Case Law

noudehouenou c republique du benin requete no 0202020 2025 afchpr 13 5 fevrier 2025

Court

TANZLII

The application was declared inadmissible because the applicant failed to exhaust available domestic remedies, specifically by not pursuing the Constitutional Court of Benin, and did not demonstrate that the judicial delay in the appeal process was attributable to the State. The Court found no evidence of abnormal prolongation caused by the State or of unavailability or ineffectiveness of domestic remedies.

Source excerpt

• Right to fair trial
• Right to property
• Right to effective remedy
• Exhaustion of domestic remedies
• State responsibility
• Contractual disputes

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MISC

Court

TANZLII

The respondent is a private company and its actions are contractual, not administrative. Judicial review is not available for contractual disputes between private parties. The applicant is not a party to the contract and lacks locus standi. The application is incompetent and must be dismissed.

Source excerpt

• Judicial review
• Locus standi
• Contractual disputes
• Jurisdiction
• Preliminary objection

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Hamisi Swaihiba Misc Civil Application No 4285

Court

TANZLII

The application is incompetent as there is no decision by the second or third respondents subject to judicial review, and the dispute arises from a contractual relationship for which judicial review is not the proper remedy.

Source excerpt

• Judicial review
• Prerogative orders
• Mandamus
• Certiorari
• Prohibition
• Contractual disputes

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CIVIL APPEAL NO

Court

TANZLII

The trial court lacked jurisdiction to entertain the suit as consumer complaints between financial service providers and consumers must be resolved through the Bank of Tanzania per the Financial Consumer Protection Regulations, 2019. The respondent failed to exhaust statutory procedures before approaching the court.

Source excerpt

• Jurisdiction
• Financial consumer complaints
• Contractual disputes
• Regulatory compliance

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Judgement PC Civil Appeal No

Court

TANZLII

The appellant failed to discharge the burden of proof on the balance of probabilities that he was not paid the TZS 3,000,000 profit share. The evidence favored the respondent, who provided a plausible account and supporting testimony. The lower courts properly evaluated the evidence and reached a correct decision.

Source excerpt

• Burden of proof
• Standard of proof
• Contractual disputes
• Appellate review

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LAND APPEAL NO 10210 OF 2024 scanned

Court

TANZLII

The District Land and Housing Tribunal lacked jurisdiction as the dispute was contractual in nature, not a land ownership matter, rendering its proceedings and decision null and void.

Source excerpt

• Jurisdiction of land tribunals
• Contractual disputes
• Land sale agreements

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Banne

Court

TANZLII

The Trial Tribunal lacked jurisdiction as the dispute was contractual, not a land matter; its proceedings and decision are null and void.

Source excerpt

• Jurisdiction of land tribunals
• Contractual disputes
• Nullity of proceedings

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emmanuel biengo vs seif kaduguda 2023 tzhc 20921 14 august 2023

Court

TZHC

The High Court dismissed a second criminal appeal, holding that false pretence was not proved and the dispute was contractual, not criminal.

• Obtaining money by false pretence
• Burden of proof
• Contractual disputes
• Jurisdiction
• Obtaining-money-by-false-pretence
• Criminal-appeal

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mashaka mrisho vs mohamed abasi administrator of estate of the late abas h kanoni 2023 tzhc 19158 4 july 2023

Court

TZHC

The High Court allowed a land appeal, holding the tribunal should not have re-heard a dispute already determined by the Primary Court and set aside its orders.

• Jurisdiction
• Res judicata
• Joinder of parties
• Contractual disputes
• Land-law
• Civil-procedure

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emmanuel mabula ngelela vs republic 2023 tzhc 18374 26 june 2023

Court

TZHC

The High Court allowed a criminal appeal, finding a cow-purchase dispute was contractual and civil, not stealing by agent, and quashed the conviction.

• Stealing by agent
• Mens rea
• Contractual disputes
• Criminal vs civil liability
• Burden of proof
• Stealing-by-agent

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