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Tanzania Case Law

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Administrative law NANDHRA ENG AND CONST CO LTD NEW

NANDHRA ENG AND CONST CO LTD NEW

The Minister for Constitutional and Legal Affairs no longer has the power to grant an extension of time under Section 44(1) of the Law of Limitation Act, as the provision has been declared unconstitutional and void by the Constitutional Court. Therefore, the application for prerogative orders is dismissed as there is no longer a valid legal basis for the Minister's exercise of such power.

  • Judicial review
  • Prerogative orders
  • Extension of time
  • Ministerial discretion
  • Constitutional supremacy
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Civil procedure rajabu hassan mfaume vs permanent secretary ministry of health community development gender eldery children 2022 tzca 148 28 march 2022

rajabu hassan mfaume vs permanent secretary ministry of health community development gender eldery children 2022 tzca 148 28 march 2022

The High Court's dismissal order for being time-barred was a decree, appealable as of right. However, the Minister's extension of time was ineffectual because section 44(2) of the Law of Limitation Act requires any extension to commence immediately upon expiry of the prescribed period, and the allowable extension period had already elapsed before the action was filed. The suit was properly dismissed as time-barred.

  • Limitation of actions
  • Ministerial discretion
  • Appealability of orders
  • Negligence
  • Extension of time
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Labour law pendo masasi vs the minister for labour youth development others 2021 tzca 331 28 july 2021

pendo masasi vs the minister for labour youth development others 2021 tzca 331 28 july 2021

The Court of Appeal held that summary dismissal was not mandatory for the appellant’s first breach and that the Minister had discretion under the employment law.

  • Summary dismissal
  • Judicial review
  • Certiorari
  • Mandamus
  • Disciplinary proceedings
  • Ministerial discretion
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Civil procedure MAITIRA WASINGE RULING ON S

MAITIRA WASINGE RULING ON S

The suit is time-barred because the Minister's order enlarging time was issued after the maximum period allowed by law had expired. The Minister cannot grant an extension beyond one-half of the prescribed limitation period, and such extension must run immediately after the original period. The plaintiff failed to file within the statutory and extended periods, and the suit is incompetent for want of limitation.

  • Limitation of actions
  • Extension of time
  • Tort claims
  • Ministerial discretion
  • Dismissal for limitation
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Administrative law 19960923 TZCA Dar es Salaam

19960923 TZCA Dar es Salaam

The Court of Appeal upheld a qualified reinstatement order made by the Minister under the Industrial Court Act and dismissed the challenge to jurisdiction and reasonableness.

  • Judicial review
  • Certiorari
  • Mandamus
  • Reinstatement
  • Ministerial discretion
  • Administrative-law
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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.