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Tanzania Case Law

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Civil procedure NBC LTD VS MAPELE ENTERPRISES CO

NBC LTD VS MAPELE ENTERPRISES CO

Court
TANZLII

An administratrix of the estate of a deceased judgment debtor, being a representative and thus a party to the execution proceedings, cannot file an objection as a third party under Order XXI Rule 57 of the CPC. Any personal interest must be pursued within the execution proceedings as a party, not as an objector. The objection application is incompetent and must be struck out.

Source excerpt

  • Execution of decrees
  • Objection proceedings
  • Conflict of interest
  • Legal capacity
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Land law Land Case No

Land Case No

Court
TANZLII

Plaintiffs failed to plead legal ownership or TIC approval, which are essential facts for capacity to own land and sustain a cause of action; thus, the plaint is fatally defective and must be struck out.

Source excerpt

  • Cause of action
  • Legal capacity
  • Foreign ownership of land
  • Preliminary objection
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Civil procedure Land Case 11838 of 2024 scanned

Land Case 11838 of 2024 scanned

Court
TANZLII

The cause of action arose in 2020 when the plaintiffs began experiencing disturbances from the 1st defendant's workers, but as the suit was filed in 2024, it was outside the three-year limitation period for tort claims, rendering the suit time barred.

Source excerpt

  • Limitation of actions
  • Locus standi
  • Legal capacity
  • Trespass to land
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Labour law the registered trustees of st benedicts ndanda referral hospital vs mathayo malaika 43 others 2023 tzhc 23096 31 october 2023

the registered trustees of st benedicts ndanda referral hospital vs mathayo malaika 43 others 2023 tzhc 23096 31 october 2023

Court
TZHC

The inclusion of deceased persons as parties rendered the proceedings a nullity; Rule 25(3) does not authorize removal of deceased parties; suit filed in names of deceased persons is inherently flawed and must be struck out.

Source excerpt

  • Unfair termination
  • Retrenchment procedures
  • Condonation
  • Representative suit
  • Legal capacity
  • Affidavit defects
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Contract law SIMBA PIPE INDUSTRIES LTD VS NAJJA HARDWARE COMM CASE NO

SIMBA PIPE INDUSTRIES LTD VS NAJJA HARDWARE COMM CASE NO

Court
TANZLII

The agreement between the plaintiff and the defendants is void because Najja Hardware, being a business name and not a legal entity, lacked capacity to contract. The 2nd defendant, as the proprietor, is liable only to refund the value of goods received under the void agreement, not for breach of contract or damages.

Source excerpt

  • Breach of contract
  • Legal capacity
  • Void agreements
  • Business names
  • Restitution
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Administrative law halima james mdee others vs board of trustee of chama cha demokrasia na maendeleo chadema others 2022 tzhc 10206 22 june 2022

halima james mdee others vs board of trustee of chama cha demokrasia na maendeleo chadema others 2022 tzhc 10206 22 june 2022

Court
TZHC

The application is incompetent due to failure to sue the proper party with legal capacity (Registered Trustees of CHADEMA) and procedural defects in the supporting statement and affidavits. The defects are not curable and the application must be struck out.

Source excerpt

  • Judicial review
  • Legal capacity
  • Procedural defects
  • Political parties
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Company law CIVIL APPEAL NO 03 OF 2021 CHANGE TANZANIA LIMITED VS REGISTRAR BUSINESS REGISTRATION AND LICENCING AGENCY

CIVIL APPEAL NO 03 OF 2021 CHANGE TANZANIA LIMITED VS REGISTRAR BUSINESS REGISTRATION AND LICENCING AGENCY

Court
TANZLII

By the time the appellant lodged the petition in the trial court, it had been automatically deregistered and ceased to exist as a legal entity under section 3A(2) of the Companies Act, thus lacking legal capacity to sue; similarly, the respondent was not a recognized legal entity capable of being sued.

Source excerpt

  • Legal capacity
  • Deregistration of companies
  • Locus standi
  • Non-existent legal entities
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Labour law chama cha kutetea haki na maslahi ya walimu tanzania chakamwata vs the registrar of organization 2020 tzhc 4410 14 december 2020

chama cha kutetea haki na maslahi ya walimu tanzania chakamwata vs the registrar of organization 2020 tzhc 4410 14 december 2020

Court
TZHC

A registered trade union under the ELRA, upon issuance of a certificate of registration, becomes a body corporate with capacity to sue and be sued; the applicant had locus standi to bring the application. The alleged defect in the court's name was immaterial as the title sufficiently identified the court, and labour laws govern such matters specifically.

Source excerpt

  • Locus standi
  • Legal capacity
  • Court naming
  • Extension of time
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Civil procedure ally khalfan rubeya vs rose mashimba others 2018 tzhclandd 474 23 august 2018

ally khalfan rubeya vs rose mashimba others 2018 tzhclandd 474 23 august 2018

Court
TANZLII

The High Court held that defects in signing the plaint were curable, but the 1st defendant should have been sued as administratrix and co-administrators joined.

  • Preliminary objection
  • Pleadings
  • Joinder of parties
  • Legal capacity
  • Preliminary-objection
  • Joinder-of-parties
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.