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Tanzania Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Civil procedure

Projestus Rutinwa Bendabenda v Julius Byarwango

The High Court set aside the lower courts’ decisions after finding the primary court proceedings were a nullity because some defendants were not properly heard.

  • Time limitation
  • Right to be heard
  • Service of summons
  • Ex parte proceedings
  • Retrial
  • Admission of documentary evidence
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Civil procedure SAJJAD SAFII

SAJJAD SAFII

Plaintiff/Defendant failed to provide sufficient and credible reasons for delay; mandatory procedural law prevails over oxygen principle; ex parte hearing of counter claim granted.

  • Ex parte proceedings
  • Counter claim
  • Extension of time
  • Preliminary objection
  • Oxygen principle
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Land law RAMADHANI SANYA

RAMADHANI SANYA

The High Court set aside a land tribunal decision that treated disputed lands as matrimonial property, and remitted the case for additional evidence.

  • Division of matrimonial property
  • Ownership of land
  • Reception of additional evidence
  • Ex parte proceedings
  • Land-ownership
  • Matrimonial-property
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Civil procedure civil decision 2024 12 23 16 50 22

civil decision 2024 12 23 16 50 22

The tribunal erred by failing to join the village council as a necessary party, which is fatal to the proceedings and renders the tribunal's decision void.

  • Joinder of parties
  • Necessary party
  • Ex parte proceedings
  • Jurisdiction
  • Land allocation
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Property law Judgment Masatu

Judgment Masatu

The High Court dismissed a land trespass suit after finding the plaintiff failed to prove ownership of 60 acres and documentary evidence showed a settlement.

  • Land ownership
  • Burden of proof
  • Documentary evidence
  • Fraud and forgery
  • Ex parte proceedings
  • Land-ownership
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Civil procedure HUSSEIN KATO RULING

HUSSEIN KATO RULING

The High Court struck out an application to set aside an ex parte order, holding that Order IX Rule 4 did not apply and that the application was premature.

  • Ex parte proceedings
  • Non-appearance
  • Setting aside orders
  • Procedural rules
  • Ex-parte-proceedings
  • Setting-aside-orders
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Civil procedure CRDB KAMKALA

CRDB KAMKALA

The High Court set aside an ex parte order after finding that service of summons was not properly proved under Order V Rule 27 of the Civil Procedure Code.

  • Service of summons
  • Ex parte proceedings
  • Setting aside orders
  • Service-of-summons
  • Ex-parte-proceedings
  • Setting-aside-orders
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Labour law RULING Learning Institutions vs

RULING Learning Institutions vs

Application for stay of execution dismissed because applicant failed to satisfy the cumulative requirement of furnishing security for due performance, despite meeting the conditions of substantial loss and timely filing.

  • Stay of execution
  • Arbitral award
  • Ex parte proceedings
  • Security for due performance
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Labour law RULING AGNESS V

RULING AGNESS V

Sudden change in representation due to advocate's appointment constitutes reasonable cause for non-appearance; order to proceed ex parte is vacated as justice requires inter parties hearing.

  • Ex parte proceedings
  • Vacating court orders
  • Representation
  • Timeliness of applications
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Contract law NKOLA EXPARTE JUDGMENT

NKOLA EXPARTE JUDGMENT

The High Court of Tanzania entered ex parte judgment for the plaintiff in a loan dispute, finding a breached repayment agreement and awarding principal, interest, damages, and costs.

  • Loan agreement
  • Breach of contract
  • Debt recovery
  • Ex parte proceedings
  • Loan-agreement
  • Breach-of-contract
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About this LexChat collection

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.