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Tanzania Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Civil procedure kassim ally chuma vs tanzania postal bank and others 2023 tzhc 18614 30 june 2023

kassim ally chuma vs tanzania postal bank and others 2023 tzhc 18614 30 june 2023

The application was struck out for incompetence due to failure to cite the enabling provision of law empowering the court to grant leave to appeal; this defect is fatal and cannot be cured by the overriding objective principle.

  • Leave to appeal
  • Proper citation of law
  • Appellate jurisdiction
  • Procedural competence
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Criminal law nashon odhiambo makokecha 2 others vs republic 2022 tzhc 12012 22 august 2022

nashon odhiambo makokecha 2 others vs republic 2022 tzhc 12012 22 august 2022

High Court struck out a criminal revision application as incompetent because it challenged an interlocutory order and was filed under the wrong statutory provision.

  • Supervisory jurisdiction
  • Interlocutory orders
  • Revision
  • Proper citation of law
  • Jurisdiction of high court
  • Interlocutory-orders
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Civil procedure lusia kilian vs anatholi shaaban hombwe 2022 tzhclandd 708 29 july 2022

lusia kilian vs anatholi shaaban hombwe 2022 tzhclandd 708 29 july 2022

The application was brought under the wrong legal provisions, and since there is a specific statutory provision for extension of time in land matters, the court was not properly moved; this defect is not curable by the overriding objective principle.

  • Extension of time
  • Jurisdiction
  • Proper citation of law
  • Land appeals
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Civil procedure ramadhani kha3itahalala alias ramadhani khaji mbalika vs equity bank tanzania ltd 3 others 2022 tzhclandd 774 29 april 2022

ramadhani kha3itahalala alias ramadhani khaji mbalika vs equity bank tanzania ltd 3 others 2022 tzhclandd 774 29 april 2022

The tribunal, upon finding the application was brought under the wrong provision of law, should have struck it out as incompetent rather than dismissing it. Dismissal implies a competent application was disposed of on merits, which was not the case here. The tribunal also erred by proceeding to determine the merits after finding the application incompetent and by not giving parties the right to be heard on the preliminary issue.

  • Striking out vs dismissal
  • Jurisdiction
  • Proper citation of law
  • Right to be heard
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Civil procedure martin nicas manya vs maiko musa 4 others 2022 tzhclandd 155 31 march 2022

martin nicas manya vs maiko musa 4 others 2022 tzhclandd 155 31 march 2022

The High Court Land Division dismissed an application to set aside a dismissal order, holding it was filed 14 days out of time and no extension had been sought.

  • Limitation of actions
  • Setting aside dismissal orders
  • Proper citation of law
  • Limitation-of-actions
  • Setting-aside-dismissal-orders
  • Civil-procedure
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Civil procedure juma mohamed futo vs shabani selemani 2022 tzhclandd 68 21 january 2022

juma mohamed futo vs shabani selemani 2022 tzhclandd 68 21 january 2022

The application is time barred as it was filed years after the relevant decisions without extension of time, and it was brought under the wrong provision of law, which is fatal and deprives the court of jurisdiction.

  • Limitation of actions
  • Jurisdiction
  • Proper citation of law
  • Revisionary powers
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Civil procedure MISC

MISC

The applicant was not negligent, complied with court orders, and attended all sessions. The court's scheduling order was general and did not specify that the preliminary objection be argued first. The right to be heard was not accorded, and the improper citation was a minor error not affecting competence. Restoration is warranted.

  • Restoration of dismissed appeal
  • Right to be heard
  • Proper citation of law
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Civil procedure peter peter junior vs dickson shaban makamba 3 others 2021 tzhclandd 6847 10 december 2021

peter peter junior vs dickson shaban makamba 3 others 2021 tzhclandd 6847 10 december 2021

The High Court Land Division struck out a land application because it was brought under a non-existent procedural provision, finding the court was not properly moved.

  • Jurisdiction
  • Proper citation of law
  • Preliminary objection
  • Revision of statutes
  • Preliminary-objection
  • Civil-procedure
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Land law maulid seleman nassoro vs said seleman kitora 2021 tzhclandd 216 24 may 2021

maulid seleman nassoro vs said seleman kitora 2021 tzhclandd 216 24 may 2021

The application was brought under the wrong provisions of law, rendering it incompetent; the court was not properly moved and thus the application must be struck out with costs.

  • Revision proceedings
  • Jurisdiction
  • Proper citation of law
  • Right to be heard
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Civil procedure miraji athuman bigo and otherson behalf of 2 others vs attorney general and another 2021 tzhclandd 671 11 may 2021

miraji athuman bigo and otherson behalf of 2 others vs attorney general and another 2021 tzhclandd 671 11 may 2021

The application was incompetent because the applicants relied on Order 1 Rule 8 of the Civil Procedure Code, which does not empower the court to grant representative status in interlocutory proceedings; thus, the court was wrongly moved and the application must be struck out.

  • Representative suits
  • Interlocutory applications
  • Temporary injunctions
  • Proper citation of law
  • Competence of application
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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.