Tanzania Case Law

MISC

Court

TANZLII

The applicant's request does not fall within the scope of rectification of errors as provided under section 48 of the Probate and Administration Act, since the names in the letters of administration match those in the petition and the use of different names by the deceased does not constitute an error. The application was based on a misapplication of the cited legal provisions and is therefore incompetent.

Source excerpt

• Rectification of grant
• Amendment of letters of administration
• Proper citation of enabling provisions

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godfrey consumer products ltd vs target international t limited 2022 tzhccomd 229 24 august 2022

Court

TZHCCOMD

The High Court held that the application was incompetent because it cited contradictory enabling provisions for joinder and amendment, and struck it out with costs.

• Joinder of parties
• Amendment of pleadings
• Proper citation of enabling provisions
• Joinder-of-parties
• Amendment-of-pleadings
• Civil-procedure

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peter mnyanyi vs patrick mission high school 2022 tzhcld 175 29 march 2022

Court

TANZLII

The High Court struck out a labour revision application as time barred and improperly filed because the applicant cited the wrong enabling provisions.

• Revision of cma award
• Time bar
• Proper citation of enabling provisions
• Labour-law
• Judicial-review-procedure
• Time-bar

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ayman m alkharaf vs aymanouf safaris limited and one another 2021 tzhccomd 3485 12 december 2021

Court

TZHCCOMD

The application was struck out because it was brought under the wrong legal provisions, as there are specific provisions under the Companies Act for winding up matters, and the applicant failed to comply with the requirement to cite the correct enabling law. Additionally, the applicant's reply submissions were filed out of time and were disregarded.

Source excerpt

• Winding up proceedings
• Interim injunctions
• Proper citation of enabling provisions
• Preliminary objection

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ital africa investment ltd and another vs jitegemee trading co ltd and 2 others 2021 tzhclandd 6786 1 december 2021

Court

TANZLII

The High Court struck out an application to set aside a dismissal order, holding it was brought under the wrong provision of the Civil Procedure Code.

• Setting aside dismissal orders
• Proper citation of enabling provisions
• Non-appearance of parties
• Civil-procedure
• Setting-aside-dismissal
• Non-appearance

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concepta liganga vs patrick kifyoga and 2 others 2020 tzhclandd 2322 16 october 2020

Court

TANZLII

The application was struck out because it was brought under the wrong provision of law, specifically section 14(1) of the Law of Limitation Act instead of section 11(1) of the Appellate Jurisdiction Act, thus the court was not properly moved for extension of time.

Source excerpt

• Extension of time
• Leave to appeal
• Proper citation of enabling provisions

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ottu on behalf of mwanaisha juma others vs ubungo garments ltd 2020 tzhcld 107 24 july 2020

Court

TANZLII

The High Court Labour Division struck out an application for substitution, holding it was incompetent because the applicant cited no proper enabling provision and no live case was pending.

• Substitution of parties
• Proper citation of enabling provisions
• Competence of applications
• Substitution-of-parties
• Competence-of-applications
• Labour-court-procedure

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seleman kasembe tambala vs the commissioner general of prisons and others 2020 tzhc 260 26 february 2020

Court

TZHC

The High Court struck out a judicial review application for prerogative orders, holding that failure to cite section 17(2) of the enabling Act was fatal to jurisdiction.

• Judicial review
• Jurisdiction
• Prerogative orders
• Proper citation of enabling provisions
• Judicial-review
• Prerogative-orders

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mselemu kandili vs waziri thatbit 2019 tzhc 201 20 december 2019

Court

TZHC

The High Court struck out an application for leave to appeal, holding it was brought under provisions that did not empower the Court to hear it.

• Leave to appeal
• Extension of time
• Proper citation of enabling provisions
• Leave-to-appeal
• Extension-of-time
• Appellate-procedure

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zuwena abdul ali vs gold treet ltd others 2018 tzhccomd 88 13 june 2018

Court

TZHCCOMD

The High Court struck out a review application, holding the applicant cited the wrong provisions and had not properly moved the court.

• Review of court orders
• Proper citation of enabling provisions
• Preliminary objections
• Civil-procedure
• Review-of-orders
• Preliminary-objection

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