Tanzania Case Law

Odero Charles Odero vs Attorney General of Tanzania Another Misc Civil cause No 15 of 2023 2024 TZHC 698 4 March 2024

Court

TZHC

The High Court has jurisdiction to entertain constitutional petitions filed by individuals challenging the constitutionality of legislation, provided the allegations concern contravention of the Constitution. Locus standi is conferred on public-spirited individuals seeking to protect the Constitution. Limitation law does not apply to constitutional petitions of this nature. Joinder of Attorney General of Zanzibar as a necessary party does not render the petition bad in law, especially where substantive justice is achieved.

Source excerpt

• Jurisdiction
• Locus standi
• Limitation of actions
• Party joinder
• Union matters
• Supremacy of constitution

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rapahel yacob nditi vs mahaamood salum chibango another 2023 tzhclandd 17250 19 december 2023

Court

TANZLII

The High Court granted the applicant 14 days’ extension of time to file revision, finding arguable issues of illegality, joinder, and res judicata worth revisional consideration.

• Extension of time
• Revision
• Res judicata
• Illegality
• Party joinder
• Extension-of-time

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ezekia kalonge vs schola kinunda 2020 tzhc 4073 26 november 2020

Court

TZHC

The High Court held that the appellant lacked locus standi, nullified the lower court proceedings and judgments, and struck out the appeal.

• Locus standi
• Jurisdiction
• Party joinder
• Nullity of proceedings
• Locus-standi
• Civil-procedure

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RICKY1

Court

TANZLII

The appeal is incompetent due to omission of a party from the trial court proceedings; amendment is not permissible after hearing has commenced.

Source excerpt

• Party joinder
• Appeal competence
• Breach of contract

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adam shaban administrator of the estates of shaban kwaangw another vs paul dagno 2018 tzhc 2115 24 april 2018

Court

TZHC

The High Court allowed a land appeal, holding that the retrial order applied only to Paulo Dagno and that the amended application was properly filed.

• Amendment of pleadings
• Preliminary objection
• Retrial orders
• Party joinder
• Land-law
• Preliminary-objection

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20150623 TZHC Mbeya

Court

TZHC

High Court appeal over personal injury damages. The court affirmed special damages, increased general damages to Tshs.25,000,000, and allowed the appeal with costs.

• Damages assessment
• Party joinder
• Negligence
• Personal injury
• Personal-injury
• Damages-assessment

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DAVID JOSEPH MAHENDE VS AFRISCAN CONSTRUCTION CO

Court

TANZLII

The application by the intervenors is incompetent due to improper titling and constitution, as intervenors should be named as applicants and Afriscan Construction Co. Limited as respondent. The objection regarding the affidavit was disregarded as no specific law was shown to be offended.

Source excerpt

• Intervention
• Party joinder
• Affidavit formalities

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Himbahimba

Court

TANZLII

The Tribunal correctly found the respondent established ownership of the disputed land through evidence of his late father's occupation and clearing of the land; omission of Mwajuma Kaniki as a party was not fatal as she had no interest after sale; the Tribunal did not vacate from pleadings or ignore defence evidence; customary inheritance does not require inventory unless probate is sought; the Tribunal complied with High Court orders regarding locus in quo.

Source excerpt

• Trespass
• Customary inheritance
• Party joinder
• Burden of proof
• Abatement of suit

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prof peter anyang nyongo and ten others v attorney general of republic of kenya and five others application no1 of 2006 arising from reference no1 of 2006 2006 ea

Court

EACJ

The Court has jurisdiction to interpret and apply Article 50 of the Treaty regarding the election process of EALA members; the 2nd, 5th, and 6th Respondents were wrongly joined and are struck off; an interim injunction is granted restraining the 3rd and 4th Respondents from recognizing or swearing in the nine nominated Kenyan EALA representatives until final determination of the reference.

Source excerpt

• Jurisdiction
• Election of eala members
• Interpretation of treaty provisions
• Interim injunction
• Party joinder

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20008004 TZHC Dar es Salaam

Court

TZHC

The court held the dispute was commercial, dismissed a jurisdiction objection, and granted a temporary injunction to stop eviction from the flat pending trial.

• Temporary injunction
• Jurisdiction
• Commercial dispute definition
• Party joinder
• Temporary-injunction
• Commercial-jurisdiction

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