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Tanzania Case Law

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Land law

GEOFREY JAFET ANANIA vs AMIRI ABDULRAHMAN KIROBOTO

The High Court at Tanga allowed a land appeal, expunged Exhibit R1, set aside the tribunal decision, and declared the appellant the lawful owner.

  • Ownership of land
  • Trespass
  • Pleadings and counterclaims
  • Burden of proof
  • Admissibility of documentary evidence
  • Functus officio
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Probate and administration

Elina Muchuluza v Audax Paul Nkongo

The High Court allowed an appeal over a closed probate cause, set aside the District Court’s refusal of revision, and ordered the probate proceedings reopened.

  • Revision
  • Re-opening of closed probate proceedings
  • Functus officio
  • Inspection of inventory
  • Interested party participation
  • Appeal vs revision
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Civil procedure Second Final Ruling MAYAYI MAKUYA AND OTHERS

Second Final Ruling MAYAYI MAKUYA AND OTHERS

The High Court overruled a preliminary objection in a land appeal, holding that issues of prematurity and functus officio required facts and discretion, not a pure point of law.

  • Preliminary objection
  • Functus officio
  • Stay of proceedings
  • Civil and criminal proceedings
  • Appeal procedure
  • Preliminary-objection
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Land law JUDGMENT SAMWEL MWINUKA VS ISAYA MAHENGE final

JUDGMENT SAMWEL MWINUKA VS ISAYA MAHENGE final

Section 13(4) of the Land Disputes Courts Act does not require parties joined after initial mediation to undergo mediation before the ward tribunal; striking out the application for lack of mediation involving the joined party was improper.

  • Mediation requirement
  • Joinder of parties
  • Functus officio
  • Statutory interpretation
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Civil procedure DANIEL EPHATA LYIMO

DANIEL EPHATA LYIMO

The High Court allowed a civil revision, holding that the applicant was condemned unheard in district court proceedings that nullified an auction sale.

  • Right to be heard
  • Functus officio
  • Nullification of proceedings
  • Right-to-be-heard
  • Natural-justice
  • Functus-officio
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Probate 5

5

The High Court held that the respondent administrator was functus officio after the probate was closed, so the appeal failed and was dismissed.

  • Functus officio
  • Revision jurisdiction
  • Administrator duties
  • Closure of probate
  • Inventory and accounts
  • Functus-officio
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Probate KAYANGO JUDGMENT

KAYANGO JUDGMENT

The suit was premature as the relevant probate causes were not closed; proper remedy is application for revocation of administrator in probate court, not civil suit.

  • Closure of probate causes
  • Revocation of administrator
  • Jurisdiction
  • Functus officio
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Civil procedure Judgement Civ

Judgement Civ

The High Court dismissed a land review application, holding that the applicant raised appeal issues rather than an error apparent on the face of the record or new evidence.

  • Review of judgment
  • Error apparent on the face of record
  • Functus officio
  • Land ownership dispute
  • Review-of-judgment
  • Error-apparent-on-the-face-of-the-record
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Family law NGALULA JUDGMENT

NGALULA JUDGMENT

The High Court dismissed a matrimonial appeal, holding that revision was unavailable where the appellant had a right to appeal against a maintenance variation order.

  • Maintenance variation
  • Revision vs appeal
  • Functus officio
  • Matrimonial proceedings
  • Family-law
  • Child-maintenance
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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.