Tanzania Case Law

civil decision 2024 ALEXANDER WILLIAM BIDYANGUZE

Court

TANZLII

The judgment in Land Appeal no. 61 of 2021 was fraudulently and improperly procured as the appeal was instituted and prosecuted in the name of the 2nd Respondent without his knowledge or instructions, depriving him of the right to be heard. The court has jurisdiction to review and set aside such a judgment to restore justice.

Source excerpt

• Review of judgment
• Fraudulent proceedings
• Professional misconduct by advocates
• Restoration of tribunal decision

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eliada phinias machumu vs christina mau 2021 tzhc 5307 19 july 2021

Court

TZHC

The court found that the proceedings in Land Case No. 474C and the present appeal were fictitious, initiated without the knowledge or authority of the purported appellant, and based on forged documents. There was no valid case or appeal before the court, and the proceedings were a nullity.

Source excerpt

• Res judicata
• Consent judgment
• Fraudulent proceedings
• Right to be heard

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mgeni seif vs mohamed yahaya khalfani 2017 tzca 258 29 june 2017

Court

TZCA

Court of Appeal quashed High Court revision orders over disputed estate property, holding the probate court retained jurisdiction over the deceased’s estate.

• Intestate succession
• Letters of administration
• Estate distribution
• Jurisdiction of probate courts
• Fraudulent proceedings
• Intestate-succession

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ally shunda vs sb kavishe 2006 tzhc 182 6 february 2006

Court

TZHC

The High Court set aside ex parte orders in a debt-security dispute, finding the supporting affidavit and deed of agreement defective and the proceedings null ab initio.

• Ex parte proceedings
• Affidavit defects
• Fraudulent proceedings
• Execution of judgment
• Revisional jurisdiction
• Ex-parte-proceedings

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