Tanzania Case Law

CIVIL REVIEW NO

Court

TANZLII

The court's prior order granting a Mareva injunction pending determination of a suit to be filed was an error apparent on the face of the record, as the court's jurisdiction was limited to granting an injunction only until the expiry of the 90 days' statutory notice. The order is rectified to restrain the applicants only until expiry of the statutory notice, not until determination of a suit yet to be instituted.

Source excerpt

• Review of court orders
• Mareva injunction
• Jurisdiction of court
• Errors apparent on the face of record

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Charles Francis vs Republic

Court

TANZLII

Once an allegation of illegality is raised, it suffices to grant extension of time even if the applicant has not accounted for each day of delay. The District Court erred by refusing extension after accepting illegality as a sufficient ground.

Source excerpt

• Extension of time
• Illegality as ground for extension
• Jurisdiction of court
• Matrimonial proceedings

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NSK OIL

Court

TANZLII

The High Court struck out a land suit because it was refiled after a prior withdrawal without leave, finding the same cause of action. A jurisdiction objection failed.

• Withdrawal of suit without leave
• Jurisdiction of court
• Cause of action
• Mortgage enforcement
• Withdrawal-of-suit
• Cause-of-action

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Criminal Appeal No

Court

TANZLII

The conviction was quashed because the disposal order for the warthog meat was issued by a court lacking jurisdiction and in the absence of the appellant, rendering the key exhibit inadmissible. With the disposal order and caution statement both expunged, there was no admissible evidence to sustain the conviction for unlawful possession of government trophies.

Source excerpt

• Unlawful possession of government trophies
• Admissibility of evidence
• Jurisdiction of court
• Procedure for disposal of perishable exhibits
• Caution statement admissibility

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annamaria mustafa shirima vs agines maganga kadeya 2023 tzhclandd 16994 6 october 2023

Court

TANZLII

The High Court dismissed an ex parte land claim over Plot No. 329 in Mbezi, finding the plaintiff failed to prove entitlement and that the court lacked power to allocate land.

• Allocation of land
• Right of occupancy
• Trespass
• Jurisdiction of court
• Urban planning standards
• Land-allocation

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tumaini m simoga vs leonia tumaini balenga 2023 tzca 249 12 may 2023

Court

TZCA

The certificate from the Marriage Reconciliation Board was not expired as the matter remained in court; the respondent was entitled to a share of matrimonial assets due to indirect contributions; the marriage had broken down irreparably, warranting dissolution; mutual consent to divorce is not applicable in Tanzanian law.

Source excerpt

• Matrimonial property division
• Dissolution of marriage
• Contribution to matrimonial assets
• Jurisdiction of court
• Mutual consent to divorce

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amir r abdallah vs mohamed a wadi 2022 tzhc 15442 8 december 2022

Court

TZHC

The High Court dismissed a revision seeking correction of a decree to add a plot number, holding the omission was not an accidental slip under section 96 CPC.

• Correction of decree
• Accidental slip or omission
• Jurisdiction of court
• Time limitation
• Execution of decree
• Civil-procedure

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wia company limited vs westcon group africa operations limited 2021 tzhccomd 3483 7 december 2021

Court

TZHCCOMD

The High Court dismissed an application seeking FIU investigation into alleged fraud and forgery in winding-up documents, finding the matter had already been reported to police and FIU.

• Fraud
• Forgery
• Winding up proceedings
• Jurisdiction of court
• Powers of financial intelligence unit
• Winding-up-proceedings

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soro and others v republic of cote divoire 2020 afchpr 32 15 september 2020

Court

TANZLII

The African Court ordered Côte d’Ivoire to stay post-April 2020 acts against Guillaume Soro and remove obstacles to his voting and candidacy rights pending the merits.

• Provisional measures
• Right to vote
• Right to be elected
• Jurisdiction of court
• Non-compliance with court orders
• Provisional-measures

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abubakar said msawa ustaadh vs republic 2019 tzhc 186 19 december 2019

Court

TZHC

The High Court granted the applicant bail in an economic crimes case, applying EOCCA section 36 and setting cash, surety, travel, and reporting conditions.

• Bail
• Unlawful possession of government trophies
• Jurisdiction of court
• Bail conditions
• Economic-crimes
• Wildlife-offences

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