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Tanzania Case Law

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Civil procedure PC CIVIL APPEAL NO

PC CIVIL APPEAL NO

The trial court's judgment and decree were delivered without notifying the parties of the date of delivery, contrary to Order XX Rule 1 of the Civil Procedure Code. Such a judgment is a nullity, not valid or operative, and cannot be the basis of a competent appeal.

  • Defamation
  • Judgment delivery
  • Notice to parties
  • Nullity of judgment
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Civil procedure omary shabani nyambu vs dodoma urban water supply sewerage authority duwasa 2023 tzca 17460 28 july 2023

omary shabani nyambu vs dodoma urban water supply sewerage authority duwasa 2023 tzca 17460 28 july 2023

A judgment delivered in the absence of parties without prior notice is a nullity and cannot be appealed against; such proceedings and resultant orders must be quashed and the matter remitted for a fresh judgment in accordance with the law.

  • Judgment delivery
  • Notice to parties
  • Nullity of judgment
  • Limitation period
  • Tort of trespass
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Criminal law ally hussein vs republic 2023 tzca 17458 26 july 2023

ally hussein vs republic 2023 tzca 17458 26 july 2023

The Court of Appeal dismissed a review application, holding that the complaints raised were in substance grounds of appeal, not review, and no prejudice or nullity was shown.

  • Review of appellate decisions
  • Right to be heard
  • Nullity of judgment
  • Evidence assessment
  • Finality of litigation
  • Criminal-law
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Criminal law twalaha ally hassan vs republic 2022 tzca 617 7 october 2022

twalaha ally hassan vs republic 2022 tzca 617 7 october 2022

The Court of Appeal dismissed an application to review its earlier criminal appeal decision, holding that the complaints raised were grounds of appeal, not review.

  • Review of appellate decisions
  • Manifest error
  • Right to be heard
  • Nullity of judgment
  • Criminal-appeals
  • Review-of-judgments
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Land law iddi mfaume yange vs hemed mustapha as personal legal representative of the late salma mustapha swalehe 2022 tzhclandd 496 28 june 2022

iddi mfaume yange vs hemed mustapha as personal legal representative of the late salma mustapha swalehe 2022 tzhclandd 496 28 june 2022

Failure to comply with the requirement for assessors' opinions to be given and read to parties before judgment is fatal and renders the trial and judgment a nullity.

  • Assessors' opinion
  • Procedural irregularity
  • Nullity of judgment
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Civil procedure CIVIL APPLICATION NO 432 01 OF 2022 NCBA BANK TANZANIA LIMITED VS HIRJI ABDALLAH KUPIKULILA

CIVIL APPLICATION NO 432 01 OF 2022 NCBA BANK TANZANIA LIMITED VS HIRJI ABDALLAH KUPIKULILA

The application for review was dismissed because the applicant failed to establish any manifest error on the face of the record resulting in miscarriage of justice, was not deprived of an opportunity to be heard, and did not demonstrate that the decision was a nullity. The minor clerical error identified did not result in any miscarriage of justice and did not affect the outcome of the original decision.

  • Review of appellate decisions
  • Manifest error on the face of the record
  • Right to be heard
  • Nullity of judgment
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Land law adon mhindila vshassan maulid another 2021 tzhclandd 406 26 august 2021

adon mhindila vshassan maulid another 2021 tzhclandd 406 26 august 2021

The participation of the secretary in the decision-making of the Ward Tribunal is a gross irregularity that renders the judgment null and void, warranting a retrial.

  • Ward tribunal procedure
  • Decision-making irregularity
  • Participation of secretary
  • Nullity of judgment
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Land law Stephen Henrico scanned

Stephen Henrico scanned

Failure to afford parties opportunity to address on the point of time limitation amounted to denial of the right to be heard, rendering the judgment and decree a nullity.

  • Right to be heard
  • Natural justice
  • Time limitation
  • Nullity of judgment
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Criminal law dpp vs rajabu kibiki 2020 tzca 223 13 may 2020

dpp vs rajabu kibiki 2020 tzca 223 13 may 2020

The Court of Appeal held that the trial magistrate unlawfully combined two counts into one at judgment stage, making the judgment a nullity and requiring a fresh judgment.

  • Unnatural offence
  • Charge amendment
  • Procedural irregularity
  • Nullity of judgment
  • Criminal-appeal
  • Charge-amendment
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Criminal law emmanuel noa others vs republic 2019 tzca 588 13 december 2019

emmanuel noa others vs republic 2019 tzca 588 13 december 2019

The trial court's failure to enter a conviction before sentencing was a fatal and incurable irregularity, rendering the judgment and sentence a nullity; consequently, the first appellate court erred in dismissing the appeal and remitting the file for conviction instead of striking out the appeal and directing the trial court to compose a proper judgment.

  • Armed robbery
  • Conviction and sentence
  • Procedural irregularity
  • Nullity of judgment
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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.