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Tanzania Case Law

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Civil procedure CIVIL Revision DC

CIVIL Revision DC

District Court acted improperly by releasing attached motor vehicle before determining preliminary objection and revision application; proper procedure requires hearing and disposal of preliminary objection first, followed by substantive application; order of release was premature and lacked judicial basis.

  • Revision of lower court orders
  • Execution of judgment
  • Preliminary objection procedure
  • Attachment and release of property
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Company law Surprise Technologies vs National Microfinance Bank Ltd

Surprise Technologies vs National Microfinance Bank Ltd

A company may institute proceedings through its secretary, director, or principal officer without a board resolution, but where an advocate signs and files pleadings, a board resolution is mandatory. The absence of such authorisation renders the proceedings incompetent.

  • Corporate authority to sue
  • Requirement of board resolution
  • Mortgage enforcement
  • Injunctive relief
  • Preliminary objection procedure
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Labour law masanja bidayo vs bahari eagles foundation ltd 2022 tzhcld 36 10 february 2022

masanja bidayo vs bahari eagles foundation ltd 2022 tzhcld 36 10 february 2022

The three-year fixed term contract commenced on 1st January 2016 and expired on 31st December 2018; the arbitrator did not err in holding the contract expired at that time. Documents filed out of time by the respondent were wrongly admitted without leave and are expunged, but this does not affect the outcome as the contract had expired by operation of law.

  • Fixed term employment contracts
  • Contract expiry
  • Admissibility of evidence
  • Preliminary objection procedure
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Labour law erolink tanzania ltd vs gerald sinyangwe others 2020 tzhcld 1815 13 august 2020

erolink tanzania ltd vs gerald sinyangwe others 2020 tzhcld 1815 13 august 2020

The High Court allowed revision and set aside the CMA award on underpaid wages, holding that the employment contract required arbitration for such disputes.

  • Jurisdiction of cma
  • Employment contract arbitration clause
  • Underpayment of wages
  • Preliminary objection procedure
  • Labour-law
  • Arbitration
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Civil procedure kasimu ahmed bingwe vs mtepa bakari 2016 tzhc 2070 17 november 2016

kasimu ahmed bingwe vs mtepa bakari 2016 tzhc 2070 17 november 2016

The purpose of the Advocates Act provisions is to prohibit unqualified persons from practicing law; if a qualified advocate draws a document under a business name, omission of the advocate's name does not render the pleading incurably defective and is curable by amendment.

  • Advocates act compliance
  • Business name usage by advocates
  • Defective pleadings
  • Preliminary objection procedure
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Civil procedure maheshkumar raojibhai patel vs karim shamshuddin suleman 2016 tzhccomd 15 18 february 2016

maheshkumar raojibhai patel vs karim shamshuddin suleman 2016 tzhccomd 15 18 february 2016

The preliminary objections raised require factual determination and do not qualify as pure points of law; courts in Tanzania can grant relief in foreign currency; the plaint sufficiently discloses jurisdiction; amendment to pre-empt a preliminary objection is not permissible.

  • Jurisdiction
  • Foreign currency claims
  • Enforceability of foreign law contracts
  • Locus standi
  • Company law
  • Preliminary objection procedure
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Civil procedure MAHESHKUMAR RAOJIBHAI PATEL VS KARIM SHAMSHUDDIN SULEMAN COMM CASE NO

MAHESHKUMAR RAOJIBHAI PATEL VS KARIM SHAMSHUDDIN SULEMAN COMM CASE NO

Points of preliminary objection requiring factual proof or going to the merits of the case cannot be entertained as preliminary objections. The court is not limited to granting reliefs only in Tanzanian Shillings, as current jurisprudence allows judgments in foreign currency. The plaint, when read as a whole, sufficiently discloses facts showing jurisdiction. Amendment to pre-empt a preliminary objection is not permissible.

  • Jurisdiction
  • Foreign currency claims
  • Enforceability of foreign law contracts
  • Locus standi
  • Preliminary objection procedure
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Civil procedure 20140226 TZHC Dar es Salaam

20140226 TZHC Dar es Salaam

The High Court reviewed and reinstated a dismissed application after finding it had overlooked a pending extension-of-time request and that review was properly filed.

  • Review of court orders
  • Dismissal for want of prosecution
  • Extension of time
  • Preliminary objection procedure
  • Civil-procedure
  • Review-of-orders
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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.