Tanzania Case Law

abutwalib musa msuya others vs capital breweries ltd others 2016 tzca 549 25 april 2016

Court

TZCA

The High Court proceedings were vitiated by material irregularities: substituted service was ordered without satisfying legal preconditions, proof by affidavit was not legally permissible for the entire suit, and defendants were not notified of the ex parte judgment delivery date, thereby denying them the right to be heard and rendering the proceedings, judgment, and subsequent orders a nullity.

Source excerpt

• Substituted service
• Ex parte judgment
• Proof by affidavit
• Right to be heard
• Receivership
• Directors' liability

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toke vs psrc board of internal trade 2008 tzhc 2 9 april 2008

Court

TZHC

The High Court set aside ex parte proceedings after finding the applicant’s non-appearance was explained by bereavement and prior notice had been given.

• Setting aside ex parte proceedings
• Non-appearance of party
• Inherent powers of the court
• Adjournment
• Proof by affidavit
• Civil-procedure

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19981203 TZHC Dar es Salaam

Court

TZHC

The Court of Appeal quashed High Court proceedings after finding the trial court wrongly proceeded ex parte and allowed proof by affidavit in a land dispute.

• Ex-parte proceedings
• Proof by affidavit
• Adjournments
• Delay in trial
• Civil-procedure
• Ex-parte-proceedings

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faizen enterprises limited vs africarriers limited 1998 tzca 13 3 december 1998

Court

TZCA

The Court of Appeal quashed the High Court proceedings for serious procedural non-compliance, set aside the judgment, and ordered a retrial before another judge.

• Ex-parte proceedings
• Proof by affidavit
• Adjournment
• Non-compliance with civil procedure code
• Retrial
• Civil-procedure

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19981203 TZCA Dar es Salaam2

Court

TZCA

The Court of Appeal set aside a High Court judgment after finding serious procedural errors in ex-parte proceedings and proof by affidavit, and ordered a retrial.

• Ex-parte proceedings
• Proof by affidavit
• Adjournment and delay
• Setting aside ex-parte orders
• Civil-procedure
• Ex-parte-proceedings

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19970620 TZHC Dar es Salaam

Court

TZHC

The High Court declined to enter ex-parte judgment because the plaintiff’s affidavit did not sufficiently prove the claimed damages on a balance of probabilities.

• Ex-parte proceedings
• Proof by affidavit
• Burden of proof
• Civil-procedure
• Ex-parte-proceedings
• Affidavit-evidence

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