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Tanzania Case Law

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Civil procedure CIVIL APPLICATION NO 38 OF 15 OF 2025 MOHSIN GULAM HUSSEIN A3 OTHERS VS FOUM BARUA ALI

CIVIL APPLICATION NO 38 OF 15 OF 2025 MOHSIN GULAM HUSSEIN A3 OTHERS VS FOUM BARUA ALI

The application for stay of execution was not granted because the notice of appeal on record pertained to Civil Reference No. 04 of 2024, while the decree subject to execution was from Civil Appeal No. 12 of 2017, and there was no notice of appeal regarding that decree, thus failing to satisfy the mandatory requirements under Rule 11.

  • Stay of execution
  • Appeals
  • Execution of decrees
  • Interpretation of judgments
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Human rights law noudehouenou c republique du benin requete n 0012022 2023 afchpr 32 5 septembre 2023

noudehouenou c republique du benin requete n 0012022 2023 afchpr 32 5 septembre 2023

The request for interpretation was filed within the prescribed time and specified the dispositive points, but did not meet the requirement of facilitating execution of the decision, as the dispositive part of the judgment was clear and free of ambiguity. Since the conditions for admissibility are cumulative, failure to meet one renders the request inadmissible.

  • Interpretation of judgments
  • Exhaustion of local remedies
  • Admissibility of applications
  • Right to fair trial
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Labour law CIVIL APPEAL NO 429 OF 2022 CHIEF EXECUTIVE OFFICER ANOTHER VS JUSTS TIHAIRWA

CIVIL APPEAL NO 429 OF 2022 CHIEF EXECUTIVE OFFICER ANOTHER VS JUSTS TIHAIRWA

The respondent's terminal benefits must be computed based on the salary attached to the post of Senior Accounts Assistant (TTCL 8 salary scale, TZS 946,364.00), not Revenue Assurance Analyst (TTCL 6). The Labour Court erred by varying the main decision and awarding a higher salary scale than the respondent was entitled to before termination.

  • Termination of employment
  • Compensation in lieu of reinstatement
  • Interpretation of judgments
  • Salary scale determination
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Human rights law mkandawire v republic of malawi application no 0032011 2014 afchpr 48 28 march 2014

mkandawire v republic of malawi application no 0032011 2014 afchpr 48 28 march 2014

The application for interpretation fails because it does not relate to the operative provisions of the judgment and there is no judgment to execute, as the original application was dismissed for non-exhaustion of local remedies. The application for review is inadmissible because the Applicant did not present any new evidence unknown at the time of judgment; the alleged new information was either inaccurately quoted or not new evidence as required by the Protocol and Rules.

  • Interpretation of judgments
  • Review of judgments
  • Exhaustion of local remedies
  • Admissibility of applications
  • Procedural requirements
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Human rights law mkandawire c republique du malawi requete n 0032011 2014 afchpr 48 28 mars 2014

mkandawire c republique du malawi requete n 0032011 2014 afchpr 48 28 mars 2014

Both applications are inadmissible because the interpretation request does not concern the dispositif and the revision request does not present any new evidence unknown at the time of the original judgment.

  • Interpretation of judgments
  • Revision of judgments
  • Exhaustion of domestic remedies
  • Procedural requirements
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Human rights law mkandawire c republica do malawi requerimento inicial no 0032011 2014 afchpr 48 28 marco 2014

mkandawire c republica do malawi requerimento inicial no 0032011 2014 afchpr 48 28 marco 2014

The applicant's requests for interpretation and revision did not meet the substantive requirements of the Protocol and Rules, as the interpretation request did not relate to the operative part of the judgment and the alleged new evidence for revision was neither new nor unknown at the time of judgment. Both requests were therefore inadmissible and dismissed.

  • Interpretation of judgments
  • Revision of judgments
  • Exhaustion of local remedies
  • Procedural requirements
  • African charter on human and peoples’ rights
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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.