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Tanzania Case Law

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Civil procedure Misc Commercial Application No 16773 of 2024 Consolata Rwegasira ruling

Misc Commercial Application No 16773 of 2024 Consolata Rwegasira ruling

The sale was set aside because the applicant, as judgment debtor, was not properly served with notice of sale as required by law, constituting a material irregularity that undermined her right to be heard and tainted the execution process.

  • Execution of decree
  • Auction sale
  • Mortgage enforcement
  • Notice requirements
  • Material irregularity
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Civil procedure ukod international co ltd vs stanbic bank t ltd 2 others 2023 tzhccomd 350 31 october 2023

ukod international co ltd vs stanbic bank t ltd 2 others 2023 tzhccomd 350 31 october 2023

The High Court dismissed an application to set aside an auction sale in execution proceedings, holding that mere inadequacy of price is not enough without proved irregularity and substantial injury.

  • Execution of decrees
  • Auction sale
  • Setting aside sale
  • Material irregularity
  • Substantial injury
  • Execution-of-decrees
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Land law gabriel john kami another vs said athuman simba another 2023 tzhclandd 65 23 february 2023

gabriel john kami another vs said athuman simba another 2023 tzhclandd 65 23 february 2023

The High Court extended time and, on revision, quashed a District Land and Housing Tribunal decision after finding the case proceeded with deceased or improperly substituted parties.

  • Extension of time
  • Revisional jurisdiction
  • Locus standi
  • Substitution of parties
  • Material irregularity
  • Land-disputes
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Civil procedure CIVIL REVISION NO

CIVIL REVISION NO

The anomalies in the decree arose from the applicant's own failure to specify and quantify the reliefs sought, particularly the interest rates and damages for loss of business. The trial court cannot be faulted for granting what was pleaded, and the omission does not amount to a material irregularity warranting revision. The application is therefore untenable and dismissed.

  • Revision
  • Execution of decree
  • Interest rates
  • Damages
  • Material irregularity
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Land law LAND APPEAL NO

LAND APPEAL NO

The failure to join Saidi Awadhi, a necessary party whose proprietary rights were directly affected by the proceedings, constituted a material irregularity that rendered the tribunal's proceedings, judgment, and decree null. The tribunal was obligated to ensure his joinder for a fair and complete adjudication.

  • Joinder of necessary parties
  • Land ownership
  • Estate administration
  • Material irregularity
  • Revisionary powers
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Civil procedure tahera seifuddin dawoodbhai as administrator of the estate of the late seifuddin dawoodbhai vs sadoki d magai 2022 tzhcld 1155 21 october 2022

tahera seifuddin dawoodbhai as administrator of the estate of the late seifuddin dawoodbhai vs sadoki d magai 2022 tzhcld 1155 21 october 2022

The execution proceedings and orders were a nullity because the original drawn order did not describe the suit property as required by law, and the executing court unlawfully imported property descriptions not contained in the original decree, exceeding its jurisdiction and contravening Order XX Rule 9 of the Civil Procedure Code.

  • Execution of decrees
  • Description of immovable property
  • Jurisdiction
  • Material irregularity
  • Revisionary powers
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Labour law national bank of commerce ltd vs kilulu kisongo 2022 tzhcld 661 10 may 2022

national bank of commerce ltd vs kilulu kisongo 2022 tzhcld 661 10 may 2022

The High Court Labour Division struck out a revision application as overtaken by events after finding the underlying execution file had already been struck out.

  • Execution of decree
  • Attachment of property
  • Paye deduction
  • Material irregularity
  • Labour-revision
  • Execution-of-decree
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Labour law mic tanzania ltd vs imelda gerald 2022 tzca 141 23 march 2022

mic tanzania ltd vs imelda gerald 2022 tzca 141 23 march 2022

The Labour Court was justified in setting aside the dismissal order due to material irregularities and errors in the arbitral tribunal's records, which had a reasonable possibility of causing injustice, and because sufficient cause for non-appearance was established. The appellate court will not interfere with the lower court's discretion unless exercised unreasonably or in violation of legal principles.

  • Setting aside dismissal orders
  • Revision jurisdiction
  • Material irregularity
  • Sufficient cause
  • Appealability of interlocutory orders
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