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Tanzania Case Law

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Criminal law gidion musajege mwakifamba another vs republic 2022 tzca 589 29 september 2022

gidion musajege mwakifamba another vs republic 2022 tzca 589 29 september 2022

The absence of a transfer order from the High Court to the Senior Resident Magistrates with extended jurisdiction rendered the entire proceedings, conviction, and sentence a nullity as the magistrates lacked jurisdiction under section 256A of the Criminal Procedure Act; the overriding objective principle cannot cure this fundamental procedural defect.

  • Jurisdiction
  • Murder
  • Transfer of cases
  • Extended jurisdiction
  • Procedural nullity
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Family law abubakary moshi makando vs aisha abdul shebe 2022 tzhc 10351 30 june 2022

abubakary moshi makando vs aisha abdul shebe 2022 tzhc 10351 30 june 2022

The application for leave to appeal is granted solely on the ground that the applicant was arguably denied the right to be heard regarding the defect in the Marriage Conciliation Board certificate, which is an arguable issue for the Court of Appeal.

  • Leave to appeal
  • Divorce proceedings
  • Marriage conciliation board
  • Right to be heard
  • Procedural nullity
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Criminal law CRIMINAL APPEAL NO

CRIMINAL APPEAL NO

The appeal before the High Court was incompetent due to a defective notice of appeal that did not relate to the offence of trafficking in narcotic drugs, thus the proceedings and judgment of the High Court were a nullity and the present appeal could not be entertained.

  • Notice of appeal
  • Competence of appeal
  • Trafficking in narcotic drugs
  • Procedural nullity
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Criminal law abel adriano others vs republic 2020 tzca 1850 16 november 2020

abel adriano others vs republic 2020 tzca 1850 16 november 2020

The Court of Appeal quashed convictions for unlawful possession of government trophy because the trial court lacked DPP-conferred jurisdiction, and ordered a retrial.

  • Jurisdiction
  • Economic crimes
  • Unlawful possession of government trophy
  • Organized crime
  • Procedural nullity
  • Criminal-appeal
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Criminal law deogratius philipo another vs republic 2019 tzca 190 27 may 2019

deogratius philipo another vs republic 2019 tzca 190 27 may 2019

The Court of Appeal held that the charge cited a non-existent offence, making the trial and appeal proceedings nullities. The convictions and sentences were quashed.

  • Defective charge
  • Armed robbery
  • Procedural nullity
  • Defective-charge
  • Criminal-procedure
  • Nullity-of-proceedings
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Criminal law 20171012 TZCA Iringa 1

20171012 TZCA Iringa 1

The District Court lacked jurisdiction to try the economic offences as the trial commenced without the mandatory consent of the DPP and without a complete certificate of transfer; therefore, all proceedings, convictions, and sentences are nullities.

  • Jurisdiction
  • Consent of dpp
  • Certificate of transfer
  • Unlawful possession of government trophy
  • Unlawful possession of ammunition
  • Procedural nullity
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Contract law 20170728 TZHC Mwanza

20170728 TZHC Mwanza

High Court civil appeal over a halted construction tender was dismissed, with the court also setting aside the district court proceedings as a nullity.

  • Breach of contract
  • Capacity to sue and be sued
  • Tender disputes
  • Procedural nullity
  • Breach-of-contract
  • Tender-disputes
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Land law 20170721 TZHC Mwanza

20170721 TZHC Mwanza

The High Court quashed a land tribunal decision for lack of jurisdiction, holding that statutory notice to sue a local government authority had not been served.

  • Jurisdiction
  • Notice of intention to sue
  • Land allocation
  • Village land act
  • Procedural nullity
  • Land-disputes
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About this LexChat collection

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.