Tanzania Case Law

Ruling MWAJUMA Misc Civil Application No

Court

TANZLII

The application is incompetent for seeking an order against a party not privy to the proceedings, specifically the corporate entity now holding title to the property. The court cannot issue orders against a non-party, and the applicant failed to properly amend the application to include the correct party. The preliminary objection on this ground is sustained.

Source excerpt

• Status quo orders
• Jurisdiction
• Misjoinder and non-joinder of parties
• Administrator liability
• Corporate legal personality

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MERALI RULING

Court

TANZLII

The High Court dismissed an application to extend time to file a notice of appeal, finding the alleged illegality did not amount to sufficient cause and delay was unexplained.

• Extension of time
• Illegality as ground for extension
• Technical delay
• Jurisdiction
• Corporate legal personality
• Extension-of-time

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abuu sadiki lema vs ilala municipal director 3 others 2022 tzhclandd 12480 24 october 2022

Court

TANZLII

The High Court struck out a land suit for wrong and non-existent defendants and for failure to serve mandatory notice on the proper authority.

• Impleading proper parties
• Corporate legal personality
• Notice of intention to sue
• Striking out suits
• Overriding objective principle
• Wrong-party-sued

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20191025 TZHC Dodoma2

Court

TZHC

The High Court allowed a second appeal, finding the primary court lacked jurisdiction because the dispute arose from a contract with a company, not the directors.

• Privity of contract
• Corporate legal personality
• Jurisdiction
• Locus standi
• Privity-of-contract
• Corporate-personality

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dial quotaquot cab tanzania limited vs rashid s kinkoro others 2018 tzhcld 5 16 january 2018

Court

TANZLII

The High Court set aside attachment of the applicant’s Toyota Noah, holding it was not a party to the CMA dispute or execution proceedings.

• Execution of judgments
• Attachment of property
• Proper party to proceedings
• Corporate legal personality
• Execution-of-judgments
• Attachment-of-property

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20160809 TZHC Arusha

Court

TZHC

The High Court struck out a petition seeking to stay proceedings for arbitration, holding that the petitioner lacked locus standi to sue.

• Locus standi
• Corporate legal personality
• Arbitration clause
• Abuse of court process
• Locus-standi
• Arbitration-agreement

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GULF BULK PETRLEUM VS PROJECT MANAGER CHINA HENAN COMM CASE NO

Court

TANZLII

Service of summons on the Human Resources Officer of the company does not constitute proper service on the Project Manager sued in his personal capacity; therefore, the requirements for summary judgment under Order XXXV of the Civil Procedure Code were not satisfied.

Source excerpt

• Summary judgment
• Service of process
• Corporate legal personality

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