Tanzania Case Law

Draft Ruling Yessaya Obed Dillu

Court

TANZLII

The suit is unmaintainable for failure to comply with the mandatory requirement of serving a 90 days' notice to all relevant government entities and for failure to join the District Executive Director as a necessary party; the verification of the plaint is incurably defective, and these defects are not curable by the Oxygen principle or provisions on misjoinder/nonjoinder of parties.

Source excerpt

• Preliminary objection
• Notice to government
• Verification of pleadings
• Joinder of parties
• Jurisdiction
• Court fees

Read case analysis

1

Court

TANZLII

The appeal was filed out of time because the control number for payment of court fees was generated and payment made only on 23 September 2024, after the expiry of the 30-day limitation period. Electronic filing is deemed complete upon payment, not mere submission.

Source excerpt

• Electronic filing
• Limitation of actions
• Appeals
• Court fees

Read case analysis

MISC

Court

TANZLII

The High Court at Musoma granted an ex-parte application to remit the full court filing fee for a refiled land case after the earlier paid case was withdrawn.

• Court fees
• Exemption from fees
• Withdrawal of suit
• Court-fees
• Fee-remission
• Withdrawal-of-suit

Read case analysis

KATEMANA JUDGMENT

Court

TANZLII

Appellant failed to pay court fees within the time ordered, rendering the filing incomplete and constituting non-appearance; application dismissed for want of prosecution.

Source excerpt

• Electronic filing
• Written submissions
• Court fees
• Dismissal for want of prosecution

Read case analysis

MRONDORO JUDGMENT

Court

TANZLII

The appellant's failure to pay court fees within the scheduled time for filing written submissions amounts to non-appearance and warrants dismissal for want of prosecution; technical arguments regarding control number generation and substantive justice do not override mandatory procedural requirements.

Source excerpt

• Extension of time
• Dismissal for want of prosecution
• Electronic filing
• Court fees

Read case analysis

Madaraka Fundi vs Projestus Kamugisha

Court

TANZLII

The appeal was filed within time because submission through the electronic filing system on 24/11/2023 constituted filing under the law, and subsequent administrative steps such as fee payment do not affect the filing date when delay is outside the party's control.

Source excerpt

• Limitation period
• Electronic filing
• Court fees
• Appeals

Read case analysis

MUNISI HAMISI MPIGAHODI TAXATION REFFERENCE

Court

TANZLII

The application for Bill of Costs was time barred because payment of court fees, which determines the filing date, was made after the expiry of the prescribed 60-day period; no exceptional circumstances justified the delay.

Source excerpt

• Taxation of costs
• Limitation of actions
• Electronic filing
• Court fees

Read case analysis

MPALE MPOKI NEW

Court

TANZLII

The appeal was filed outside the statutory 30-day period as payment of court fees, required for effective filing, occurred on 25th March 2024, rendering the appeal time barred.

Source excerpt

• Limitation of actions
• Electronic filing
• Court fees
• Joinder of parties

Read case analysis

Baraka Chidundo

Court

TANZLII

The appeal was filed within the statutory limitation period because, upon excluding the day of judgment and the day of filing as required by law, the payment of court fees on 25/04/2024 constituted timely filing within 30 days of the judgment delivered on 26/03/2024. The first appellate court erred in its computation and in striking out the appeal as time-barred.

Source excerpt

• Limitation of actions
• Electronic filing
• Court fees
• Appeals process

Read case analysis

letshego bank tanzania ltd another versus furaha lamson siame 2024 tzhc 782 11 march 2024

Court

TZHC

The High Court allowed an appeal, holding the trial court should have dismissed the earlier suit for nonattendance at pretrial and mediation, not struck it out with leave to refile.

• Dismissal of suit
• Mediation procedure
• Court fees
• Breach of contract
• Jurisdiction of trial court
• Civil-procedure

Read case analysis