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Tanzania Case Law

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Civil procedure Ruling TABASAM

Ruling TABASAM

The application was struck out because the supporting affidavit was incurably defective for lack of endorsement and drawer's name, and the application was premature as there was no order for attachment in the pending execution proceedings.

  • Affidavit defects
  • Prematurity of application
  • Attachment and execution of property
  • Objection proceedings
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Arbitration geita town council vs ms home africa investment corporation limited 2023 tzhccomd 155 26 may 2023

geita town council vs ms home africa investment corporation limited 2023 tzhccomd 155 26 may 2023

The High Court dismissed an application to extend time to challenge registration of an arbitral award, holding it was premature because the award had not been filed in court.

  • Extension of time
  • Challenge to arbitral award
  • Prematurity of application
  • Arbitration
  • Extension-of-time
  • Challenge-to-arbitral-award
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Civil procedure CIVIL APPLICATION NO

CIVIL APPLICATION NO

The application was premature and contravened rules 11(4) and 11(7)(d) of the Tanzania Court of Appeal Rules, 2009, as there was no evidence of service or awareness of execution and no notice of intended execution was attached; thus, the application was incompetent and struck out.

  • Stay of execution
  • Compliance with procedural rules
  • Prematurity of application
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Civil procedure nazareno makilika another vs hamisa abdallah muhsin administratrix of the estate of the late salum mohamed muhsin 2021 tzhclandd 6923 30 december 2021

nazareno makilika another vs hamisa abdallah muhsin administratrix of the estate of the late salum mohamed muhsin 2021 tzhclandd 6923 30 december 2021

The High Court Land Division struck out a temporary injunction application as incompetent and premature because of affidavit defects and a pending related application.

  • Temporary injunction
  • Affidavit defects
  • Prematurity of application
  • Competence of application
  • Temporary-injunction
  • Affidavit-defects
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Civil procedure community petroleum limited and two 2 others vs orxy oil company limited and another 2021 tzhccomd 3481 30 november 2021

community petroleum limited and two 2 others vs orxy oil company limited and another 2021 tzhccomd 3481 30 november 2021

The High Court struck out an application to restore mediation, holding that there was no dismissal order and the motion was therefore premature.

  • Restoration of mediation
  • Prematurity of application
  • Striking out applications
  • Restoration-of-mediation
  • Premature-application
  • Striking-out-applications
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Civil procedure razak mahmoud hussein vs sultan ali abdulla gulamhussein 2019 tzca 544 9 september 2019

razak mahmoud hussein vs sultan ali abdulla gulamhussein 2019 tzca 544 9 september 2019

The applicant failed to cumulatively satisfy mandatory conditions for grant of stay of execution, specifically by not furnishing security and not attaching notice of intended execution, rendering the application premature and incompetent.

  • Stay of execution
  • Compliance with court rules
  • Prematurity of application
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Civil procedure nyanhende sakwa vs kamuga nyasani 2018 tzhc 2048 28 january 2018

nyanhende sakwa vs kamuga nyasani 2018 tzhc 2048 28 january 2018

The High Court dismissed a revision application as premature, holding that an interlocutory injunction in probate revision did not determine land rights and could be challenged first below.

  • Jurisdiction
  • Interlocutory orders
  • Temporary injunction
  • Prematurity of application
  • Civil-procedure
  • Probate
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Criminal law fauz suleiman salum vs republic 2007 tzhc 393 8 october 2007

fauz suleiman salum vs republic 2007 tzhc 393 8 october 2007

The High Court struck out a pre-committal bail application as premature, holding it was brought under inapplicable provisions and before proceedings were properly before the court.

  • Bail
  • Jurisdiction
  • Prematurity of application
  • Criminal-procedure
  • Prematurity-of-application
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Civil procedure 20030711 TZHC Arusha

20030711 TZHC Arusha

The High Court dismissed an application to restrain dealings with land, holding that temporary injunction relief requires a pending suit and that a necessary purchaser had not been joined.

  • Temporary injunctions
  • Caveats
  • Joinder of parties
  • Prematurity of application
  • Temporary-injunctions
  • Joinder-of-parties
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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.