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Tanzania decisions
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The Dongobesh Primary Court had no jurisdiction to try the claim for malicious prosecution as it was a common law tort, not a customary law tort. The District Court erred in assuming jurisdiction without proper inquiry. The appellant's failure to properly argue his ground of appeal meant there was no valid submission before the High Court.
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The District Court erred by striking out the application after hearing it on merit; it should have dismissed the application. The ruling is invalid and must be quashed and set aside, with a fresh ruling to be composed by another magistrate.
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The unexplained variance between the charge sheet and the prosecution evidence regarding the weight of the narcotic drugs undermined the prosecution's case, prejudiced the appellant's defence, and rendered the conviction unsafe.
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The High Court struck out an application challenging a bank-account attachment, holding it was improperly brought and supported by a defective affidavit.
The High Court lacks jurisdiction to entertain the suit because the value of the subject matter is not indicated in the plaint, rendering the plaint defective and requiring its return to the District Land and Housing Tribunal.
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The High Court dismissed an application to extend time to appeal, holding no apparent illegality was shown and that leave to appeal was unnecessary.
Since the respondent does not dispute the debt and admits indebtedness, there is no arbitrable dispute, and the presence of an arbitration clause does not oust the court's jurisdiction in this winding up petition. The preliminary objections are without merit and are dismissed.
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The Court of Appeal held that a dispute over division of matrimonial property between Muslim spouses belonged in the Kadhi’s Court, not the High Court.
The Court of Appeal of Tanzania at Zanzibar overruled a preliminary objection and granted extension of time to file a supplementary record of appeal.
The High Court struck out a civil appeal after finding that a mislabelled trial court name was only a typographical error and did not make the appeal competent.
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