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Tanzania Case Law

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Civil procedure MALALASI CASE

MALALASI CASE

The trial Tribunal acted within its discretion and legal mandate in setting aside the ex parte proof order after finding that the respondent demonstrated sufficient cause, including the right to legal representation and language difficulties. There was no illegality or procedural impropriety warranting revision by the High Court.

  • Revision
  • Ex parte orders
  • Right to be heard
  • Setting aside ex parte orders
  • Written statement of defence
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Land law national housing corporation another v bish tanzania ltd 2023 tzhclandd 16783 17 august 2023

national housing corporation another v bish tanzania ltd 2023 tzhclandd 16783 17 august 2023

The High Court Land Division dismissed an application to set aside an ex parte injunction ruling, finding the applicants had not shown merit or changed circumstances.

  • Temporary injunctions
  • Ex parte orders
  • Government proceedings
  • Ownership disputes
  • Temporary-injunctions
  • Ex-parte-orders
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Land law Land Appeal No

Land Appeal No

The Tribunal contravened Regulation 13(2) by entering an ex parte order against the appellant when his advocate was absent for only one date without good cause; the appellant was denied the right to be heard.

  • Ex parte orders
  • Right to be heard
  • Representation by advocate
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Land law Ruling Land Case Revision No

Ruling Land Case Revision No

Misc. Application No. 163 of 2023 was res subjudice to Misc. Application No. 323 of 2021, rendering the proceedings and order a nullity. The tribunal erred by entertaining a second execution application while the first was pending. Revision was an appropriate remedy given the irregularity.

  • Revision
  • Execution proceedings
  • Res subjudice
  • Ex parte orders
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Civil procedure MISCELLANEOUS LAND APPLICATION NO

MISCELLANEOUS LAND APPLICATION NO

Both preliminary objections lack merit as the affidavit was sufficiently ratified and knowledgeable, and delay in filing was justified by technical failure in eCMS system.

  • Affidavit competency
  • Time limitation
  • Ex parte orders
  • Electronic filing
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Civil procedure Ben Marechela 7 Others vs Martha Masanjaadminstratri of the Estate of the Late Masanja Milanga Mics Land Case Appl 159 of 2022 2022 TZHCLandD 604 29 June 2022

Ben Marechela 7 Others vs Martha Masanjaadminstratri of the Estate of the Late Masanja Milanga Mics Land Case Appl 159 of 2022 2022 TZHCLandD 604 29 June 2022

The High Court struck out an application to vacate an ex parte order, holding it was filed out of time because limitation ran from the order date, not awareness.

  • Limitation of actions
  • Ex parte orders
  • Vacating ex parte orders
  • Civil-procedure
  • Limitation-of-actions
  • Ex-parte-orders
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Land law yusto levilian kaijage vs abdi mshagama 2022 tzhclandd 264 25 april 2022

yusto levilian kaijage vs abdi mshagama 2022 tzhclandd 264 25 april 2022

The High Court struck out a land revision application after finding it had been overtaken by events because the challenged decree had already been executed.

  • Revision
  • Execution proceedings
  • Preliminary objection
  • Ex parte orders
  • Land-revision
  • Preliminary-objection
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Land law Land Appeal 15 of 2022 Judgment Mrisha J

Land Appeal 15 of 2022 Judgment Mrisha J

The DLHT was justified in setting aside its previous ex parte order to afford both parties a fair hearing, as required by law. The appeal lacked merit because the appellant was given an opportunity to present his case after the ex parte order was set aside, and the grounds raised were not relevant to the appellate stage.

  • Jurisdiction of tribunals
  • Ex parte orders
  • Natural justice
  • Res judicata
  • Appeals process
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Land law mbolile madimanya administrator of the estate of the late madimanya mudanga vs kazimili petro admin of the estate of the late venance 2021 tzhc 2898 29 april 2021

mbolile madimanya administrator of the estate of the late madimanya mudanga vs kazimili petro admin of the estate of the late venance 2021 tzhc 2898 29 april 2021

The High Court dismissed a land appeal, holding that an alleged failure to formally set aside an ex parte order did not vitiate the proceedings where both sides were heard.

  • Ex parte orders
  • Setting aside ex parte orders
  • Procedural irregularity
  • Appeal vs revision
  • Fair hearing
  • Land-law
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Civil procedure CIVIL APPEAL NO 229 OF 2021 ARISTIDES DAVID LITAKA 4 OTHERS VS AVIC COAST LAND DEVELOPMENT T LIMITED

CIVIL APPEAL NO 229 OF 2021 ARISTIDES DAVID LITAKA 4 OTHERS VS AVIC COAST LAND DEVELOPMENT T LIMITED

The trial court proceedings were a nullity due to confusion and irregularity arising from withdrawal of the first appellant's suit, improper participation of parties, and inconsistency between the court record and judgment.

  • Withdrawal of suit
  • Irregular proceedings
  • Nullity of trial
  • Ex parte orders
  • Revisionary jurisdiction
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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.