Tanzania Case Law

kcb bank tanzania limited vs mariam omari zahoroand others 2021 tzhclandd 217 17 may 2021

Court

TANZLII

The applicant failed to provide sufficient reasons for the delay in seeking amendment of the scheduling order and counterclaim, especially given the long pendency of the suit and continuous legal representation. Allowing the amendment would cause unwarranted delay and injustice to other parties, outweighing any interest of justice in permitting the amendment.

Source excerpt

• Amendment of pleadings
• Scheduling order
• Counterclaim
• Interest of justice
• Affidavit requirements

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Criminal Appeal No 543 of 2021 Mayunga Samike v Republic

Court

TANZLII

The trial court failed to record the appellant's plea in his own words, rendering the plea equivocal and invalid. The conviction and sentence cannot stand. Given the substantial sentence already served, retrial is not in the interest of justice.

Source excerpt

• Plea taking
• Rape
• Conviction
• Sentence
• Interest of justice

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eco bank t ltd vs rz electrical tech ltd and others 2020 tzhccomd 2039 4 september 2020

Court

TZHCCOMD

High Court allowed a late filing of witness statements in a commercial debt case, finding the interest of justice outweighed the procedural default.

• Extension of time
• Witness statements
• Loan agreements
• Interest of justice
• Extension-of-time
• Witness-statements

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enock jacob samboto others vs jesca henock akyoo 2018 tzhc 2453 16 november 2018

Court

TZHC

The court granted a stay of execution because there is a pending application to set aside the ex parte decree, and executing the decree before hearing the applicants would cause irreparable loss and violate their right to be heard. The balance of convenience and interest of justice favored granting the stay.

Source excerpt

• Stay of execution
• Ex parte decree
• Right to be heard
• Irreparable loss
• Interest of justice

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