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Tanzania Case Law

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Civil procedure CIVIL

CIVIL

The notice of appeal was premised on an interlocutory order that did not finally and conclusively determine the suit. The order did not amount to a preliminary decree or a final determination of the substantive issues. Therefore, the notice of appeal and the appeal itself are incompetent and must be struck out.

  • Interlocutory orders
  • Appealability
  • Temporary injunctions
  • Finality of orders
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Civil procedure fredrick anthony mboma versus serikali ya mtaa kibangu 2 others 2023 tzhc 23655 15 december 2023

fredrick anthony mboma versus serikali ya mtaa kibangu 2 others 2023 tzhc 23655 15 december 2023

The order striking out the application in Misc. Civil Application No. 18 of 2023 was final and conclusive as it disposed of the matter and deregistered it from the court register, with nothing pending for determination. Therefore, the preliminary objection lacks merit.

  • Review
  • Preliminary objection
  • Finality of orders
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Labour law national bank of commerce vs cedrick rutalala 2022 tzhcld 887 15 august 2022

national bank of commerce vs cedrick rutalala 2022 tzhcld 887 15 august 2022

The High Court held that a CMA order compelling production of documents was interlocutory, not final. The application for revision was therefore dismissed under Rule 50.

  • Revision of interlocutory orders
  • Burden of proof in unfair termination
  • Production of documents
  • Finality of orders
  • Labour-law
  • Interlocutory-orders
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Civil procedure zanzibar electricity corporation vs infratech limited another 2022 tzca 365 16 june 2022

zanzibar electricity corporation vs infratech limited another 2022 tzca 365 16 june 2022

The Court of Appeal held that a judgment on admission was interlocutory, not final, because undetermined claims remained in the High Court. The appeal was struck out as incompetent.

  • Appealability of interlocutory orders
  • Judgment on admission
  • Finality of orders
  • Preliminary objection
  • Judgment-on-admission
  • Interlocutory-orders
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Labour law tanzania zambia railway authority tazara another vs joseph s nangale 2022 tzhcld 1000 27 april 2022

tanzania zambia railway authority tazara another vs joseph s nangale 2022 tzhcld 1000 27 april 2022

An order granting condonation of time is interlocutory and does not finally determine the rights of the parties; therefore, a revision application against such an order is incompetent and barred by Rule 50 of the Labour Court Rules.

  • Interlocutory orders
  • Condonation of time
  • Revision jurisdiction
  • Finality of orders
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Labour law african nursery and primary school vs iddi mtali 2022 tzhcld 619 27 april 2022

african nursery and primary school vs iddi mtali 2022 tzhcld 619 27 april 2022

An order granting condonation of time is interlocutory, not final, as it does not conclusively determine the substantive rights or reliefs of the parties. Revision against such an order is incompetent and barred by Rule 50 of the Labour Court Rules.

  • Condonation of time
  • Interlocutory orders
  • Revision proceedings
  • Finality of orders
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Civil procedure sudi khamis sudi others vs maureen george mbowe jiliwa others 2021 tzca 338 30 july 2021

sudi khamis sudi others vs maureen george mbowe jiliwa others 2021 tzca 338 30 july 2021

The Court lacks jurisdiction to revise interlocutory orders of the High Court that do not finally determine the suit, as barred by section 5(2)(d) of the Appellate Jurisdiction Act. The impugned order dismissing preliminary objections did not dispose of the application or suit, and no exceptional circumstances were established to invoke revisional jurisdiction.

  • Revision jurisdiction
  • Interlocutory orders
  • Preliminary objections
  • Finality of orders
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Criminal law deogratias martin kachangaa others vs the director of public prosecutions 2013 tzca 259 25 june 2013

deogratias martin kachangaa others vs the director of public prosecutions 2013 tzca 259 25 june 2013

The Court of Appeal struck out a criminal appeal as incompetent because the High Court’s retrial order did not finally determine the criminal charge.

  • Appeal against order for retrial
  • Finality of orders
  • Jurisdiction of court of appeal
  • Criminal-appeal
  • Retrial-order
  • Finality-of-orders
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Arbitration 20060721 TZCA Dar es Salaam

20060721 TZCA Dar es Salaam

The refusal to stay proceedings pending arbitration finally determined the petition by barring the parties from arbitration, thus constituting a final order appealable under Section 5(2)(d) of the Appellate Jurisdiction Act, 1979 as amended.

  • Arbitration clause enforcement
  • Finality of orders
  • Appealability of interlocutory decisions
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