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Tanzania Case Law

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Administrative law Paschal Shitunga Ruling

Paschal Shitunga Ruling

The applicant failed to account for most of the delay, and ignorance of law is not a sufficient reason. However, the inclusion of a new charge (participation in political activities) by the appellate authority, which was not part of the original charges and on which the applicant was not heard, constitutes an apparent illegality on the face of the record. This illegality is sufficient ground to grant extension of time to apply for leave for judicial review.

  • Extension of time
  • Judicial review
  • Employment termination
  • Illegality as ground for extension
  • Limitation period
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Land law BOMBOO

BOMBOO

The respondent lawfully acquired ownership of the suit land through purchase from the appellant's mother and brother, supported by credible evidence and witnesses. The sale agreement, despite minor inconsistencies, was valid. The suit was not time barred as the basis for possession was purchase, not adverse possession. The appellant failed to act for an extended period, indicating knowledge and acquiescence.

  • Adverse possession
  • Sale agreement validity
  • Limitation period
  • Ownership dispute
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Land law MISC

MISC

Applicant accounted for all days of delay, demonstrated diligence, and provided sufficient explanation for technical delay; thus, good cause for extension of time was established.

  • Extension of time
  • Appeal procedure
  • Limitation period
  • Good cause for delay
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Criminal law Jacobo Ruling

Jacobo Ruling

The applicant failed to demonstrate sufficient cause for the delay, did not account for each day of delay, and ignorance of the law is not a valid reason for extension of time.

  • Extension of time
  • Appeal procedure
  • Limitation period
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Civil procedure yusuph juma scanned

yusuph juma scanned

The appeal was filed out of time as the appellant failed to demonstrate a proper and timely written request for judgment copies; therefore, section 19(2) of the Law of Limitation Act could not be invoked to exclude time, and the appeal is time-barred.

  • Limitation period
  • Appeals
  • Preliminary objection
  • Extension of time
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Labour law RULING Salehe Njovu v

RULING Salehe Njovu v

The applicant failed to account for the five-month delay after the previous application was struck out, and thus did not demonstrate good cause for extension of time.

  • Extension of time
  • Revision of arbitral award
  • Limitation period
  • Good cause for delay
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Land law TEBELO

TEBELO

The appeal was filed within the prescribed limitation period because the time spent obtaining certified copies of the ruling and decree was excluded, and the appeal was filed on the 45th day after receipt of the documents.

  • Limitation period
  • Appeals
  • Exclusion of time for obtaining decree
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Civil procedure AISHA ALLY SADIKI

AISHA ALLY SADIKI

Applicant demonstrated sufficient cause for delay, having filed appeal within time and acted diligently. Procedural hurdles were beyond applicant's control. Delay of eight days is not inordinate and no substantial prejudice to respondent was shown.

  • Extension of time
  • Appeals
  • Limitation period
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Land law KAWAWA MLONGA

KAWAWA MLONGA

The appeal was filed electronically on 20th June 2024, within the 45-day limitation period as required by law, and is therefore not time barred.

  • Limitation period
  • Electronic filing
  • Appeals
  • Preliminary objection
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Labour law Bukop

Bukop

The CMA lacked jurisdiction to arbitrate the dispute concerning the collective agreement because there was no agreement by the parties to proceed to arbitration after mediation failed, contrary to section 74 of the Employment and Labour Relations Act.

  • Collective agreements
  • Jurisdiction of cma
  • Limitation period
  • Estoppel
  • Representation before cma
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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.