Tanzania Case Law

nestory paulo rugarabamu v 2023 tzhc 23233 8 december 2023

Court

TZHC

The preliminary objection regarding failure to attach drawn order and ruling to the amended memorandum of appeal was not a pure point of law, as its determination required evidence; the requirement to attach drawn order applies to original memorandum, not amended memorandum filed by court order; MHOLA's capacity to represent men is not restricted by its constitution due to statutory prohibition of discrimination; the tribunal erred in striking out the application based on lack of documentary proof of MHOLA's capacity.

Source excerpt

• Preliminary objection
• Legal aid representation
• Discrimination
• Amended memorandum of appeal

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nestroy paulo rugarabamu vs katty katega and another 2023 tzhc 22354 3 november 2023

Court

TZHC

The High Court dismissed preliminary objections against a land appeal, holding that legal aid under section 21 does not need a court certificate and that non-notification caused no prejudice.

• Locus standi
• Legal aid representation
• Discrimination
• Procedural compliance
• Legal-aid
• Locus-standi

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bahati mussa hamisi mtopa vs salum rashid 2019 tzca 69 8 february 2019

Court

TZCA

The applicant's non-appearance was caused by a bona fide mistake of her advocate, who misread the hearing notice and failed to facilitate travel. The applicant was innocent and acted on legal aid counsel's instructions. Such human error constitutes sufficient cause for restoration under Rule 63 of the Tanzania Court of Appeal Rules, 2009.

Source excerpt

• Restoration of dismissed reference
• Sufficient cause for non-appearance
• Legal aid representation

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