Tanzania Case Law

CHARLES LWEMPISI V RICHARD JOSEPH RUGARABAMU ANOTHER

Court

TANZLII

The court is functus officio as the issue of supervision of revenue collection from the disputed properties was conclusively determined in prior proceedings, and the status quo to be preserved includes the respondents' supervision. The supporting affidavit is fundamentally defective for containing hearsay and a defective verification clause, rendering the application incompetent.

Source excerpt

• Temporary injunction
• Functus officio
• Affidavit defects
• Verification clause
• Hearsay in affidavits

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AMOS MAGOILE

Court

TANZLII

The application is incompetent because the supporting affidavit was sworn by counsel on matters not within his personal knowledge, rendering it hearsay and inactionable. Without supplementary affidavits from the applicants, the affidavit cannot support the application, and the defect is not curable by the overriding objective principle as expunging the hearsay leaves no substantive affidavit.

Source excerpt

• Representative suits
• Affidavit requirements
• Hearsay in affidavits

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Ruling Miscellaneous Civil Application No

Court

TANZLII

The court found that, despite hearsay paragraphs being ignored, the applicant's prompt action and the fact that the dismissal occurred before the scheduled time constituted sufficient reason to set aside the dismissal and restore the application.

Source excerpt

• Restoration of dismissed suit
• Affidavit evidence
• Hearsay in affidavits

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mbeya city council vs tanzania building works ltd others 2023 tzca 17948 13 december 2023

Court

TZCA

The Court of Appeal dismissed a hearsay objection, found sufficient cause for delay, and granted Mbeya City Council 60 days to file a supplementary record.

• Extension of time
• Affidavit requirements
• Hearsay in affidavits
• Court discretion
• Extension-of-time
• Affidavit-requirements

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YONA ROCK MNYAKA Vs

Court

TANZLII

The applicant failed to demonstrate good or reasonable cause for the delay in filing the appeal, as his claims were unsupported by evidence and ignorance of law is not a valid ground for extension of time.

Source excerpt

• Extension of time
• Appeal procedure
• Good cause for delay
• Ignorance of law
• Hearsay in affidavits

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MeriMehi Objection Proceedings

Court

TANZLII

Applicant failed to prove interest in the attached property as required by law; affidavit was hearsay without supporting affidavit from applicant or 2nd respondent; no evidence property was matrimonial home or not liable to attachment.

Source excerpt

• Objection proceedings
• Attachment of property
• Matrimonial property
• Burden of proof
• Hearsay in affidavits

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said salim hamdun two others vs administrator general 2022 tzhc 14099 26 october 2022

Court

TZHC

The affidavit in support of the application was affirmed by the applicants' advocate based solely on information supplied by the applicants, not on the advocate's personal knowledge, rendering it hearsay and incurably defective. Without a supporting affidavit from the applicants or an averment of belief in the truth of the information, the affidavit cannot support the application, and the application must be struck out.

Source excerpt

• Affidavit competency
• Hearsay in affidavits
• Revocation of grant of letters of administration

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mbaraka miraji 2 others vs omary hamisi ungaunga 2022 tzhclandd 12292 22 september 2022

Court

TANZLII

The affidavit was partly defective due to hearsay but the defect was cured by expunging the offending paragraph. The applicants demonstrated sufficient cause for delay as they acted promptly after receiving the ruling and sought legal aid. Extension of time was justified.

Source excerpt

• Extension of time
• Affidavit defects
• Reference against taxing master
• Hearsay in affidavits

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beach residence ltd ta ramada resort dar es salaam v salum bakari mnyamani 2021 tzhcld 2028 13 december 2021

Court

TANZLII

The High Court refused to restore a struck-out revision application, holding that the supporting affidavit was hearsay, incomplete, and failed to show good cause.

• Restoration of struck out application
• Affidavit evidence
• Hearsay in affidavits
• Affidavit-evidence
• Hearsay-in-affidavits
• Restoration-of-application

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byarugaba tryphone another vs republic 2018 tzhc 2400 31 may 2018

Court

TZHC

The High Court struck out an application to file appeal documents out of time because the supporting affidavit lacked proper verification and contained hearsay.

• Affidavit defects
• Verification of affidavits
• Hearsay in affidavits
• Extension of time
• Affidavit-defects
• Verification-of-affidavits

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