Tanzania Case Law

METL

Court

TANZLII

The court held that it has jurisdiction to grant interim relief in support of foreign-seated arbitration because the alleged breaches and subject matter are situated in Tanzania, and the arbitration agreement permits recourse to ordinary courts for interim measures. The applicant satisfied the requirements for an interim injunction: there is a serious question to be tried, irreparable harm is likely if the injunction is not granted, and the balance of convenience favors the applicant. The absence of a counter affidavit from the respondent further supported granting the ex parte order.

Source excerpt

• Interim injunction
• Jurisdiction of courts
• Arbitration agreements
• Exclusive distributorship
• Breach of contract

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Ilanga Ndibato Ndongo

Court

TANZLII

The High Court at Shinyanga allowed an economic crimes appeal, holding the trial court lacked proper jurisdiction and the evidence was insufficient for retrial.

• Jurisdiction of courts
• Unlawful possession of government trophy
• Unlawful possession of weapon
• Procedural irregularities
• Retrial principles
• Criminal-appeal

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godwill ceramics t ltd vs mantrack t ltd 2024 tzhccomd 17 29 february 2024

Court

TZHCCOMD

The High Court cannot lift the garnishee order nisi because such action is part of execution proceedings, which have been stayed by the Court of Appeal. The stay order from the Court of Appeal does not authorize or require the High Court to lift the garnishee order nisi, and doing so would violate the stay order.

Source excerpt

• Garnishee proceedings
• Stay of execution
• Jurisdiction of courts

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director of public prosecution vs denis gaudence shirima 2024 tzhc 4 8 january 2024

Court

TZHC

When a nolle prosequi is entered, all related proceedings, including the committal, are extinguished. Upon re-arrest and re-institution of the case, a new committal proceeding before the subordinate court is required before the accused can be tried in the High Court. The District Court erred in refusing to proceed with the new committal proceeding.

Source excerpt

• Nolle prosequi
• Committal proceedings
• Re-institution of criminal cases
• Jurisdiction of courts
• Abuse of process

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Ruling on PO Land Case No

Court

TANZLII

Although the High Court's jurisdiction is not expressly ousted, the suit should have been filed in the District Land and Housing Tribunal as the value falls within its pecuniary jurisdiction. The error was detected at the earliest stage, so the suit is struck out to be filed in the proper forum.

Source excerpt

• Pecuniary jurisdiction
• Forum selection
• Jurisdiction of courts

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julian charles mkapa vs elia barnabas mdenye 2023 tzhc 23112 28 november 2023

Court

TZHC

The High Court dismissed an appeal over division of a house, holding there was no presumption of marriage and the District Court lacked jurisdiction to divide matrimonial property.

• Presumption of marriage
• Division of matrimonial property
• Jurisdiction of courts
• Family-law
• Presumption-of-marriage
• Matrimonial-property

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final of final HONEST JOHN MACHA

Court

TANZLII

The District Court lacked jurisdiction to admit and determine additional evidence regarding ownership of the disputed property in a probate appeal, as the trial court had not dealt with or taken evidence on the issue. The procedure at the District Court was legally flawed and a nullity. The trial court also failed to properly determine the issues before it, rendering its judgment defective.

Source excerpt

• Probate administration
• Jurisdiction of courts
• Admission of additional evidence
• Distribution of estate
• Procedure in primary courts

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SHEMA

Court

TANZLII

The District Court lacked jurisdiction to entertain a review application of a Primary Court decision; such review is not within the purview of superior courts. The proceedings and ruling of the District Court are a nullity and must be quashed.

Source excerpt

• Jurisdiction of courts
• Review vs. revision
• Probate administration
• Procedural irregularities

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SAID SAID MPOTO SCANNED

Court

TANZLII

The dispute is not time barred as time spent in prior related proceedings is excluded, but the High Court (Land Division) lacks jurisdiction because the matter is a contractual dispute over sale of houses, not a land dispute concerning ownership, possession, or use of land.

Source excerpt

• Limitation of actions
• Jurisdiction of courts
• Breach of contract
• Specific performance
• Land sale disputes

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julius saad kateti vs crje ea limited 2023 tzhc 18822 23 june 2023

Court

TZHC

The High Court struck out a civil suit after finding it lacked jurisdiction, the plaintiff had no locus standi, and the plaint disclosed no cause of action.

• Jurisdiction of courts
• Locus standi
• Cause of action
• Void contracts
• Employment licensing
• Jurisdiction

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