Tanzania Case Law

meczedeck maganya vs the attorney general others 2023 tzhc 21704 2 october 2023

Court

TZHC

The petition is barred by the doctrine of res judicata because the issues raised regarding the constitutionality and process of the Intergovernmental Agreement between Tanzania and the Emirate of Dubai were directly and substantially in issue in a prior public interest litigation (Misc. Civil Cause No. 5 of 2023), which was finally determined by a competent court. As a judgment in rem, it binds all members of the public, including the current petitioner. The High Court therefore lacks jurisdiction to re-determine the same issues.

Source excerpt

• Res judicata
• Public interest litigation
• Enforcement of fundamental rights
• Jurisdiction
• International agreements
• Public procurement

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neeman mallya ta nehos general supply vs tanzania national road agency 2021 tzhc 9198 20 december 2021

Court

TZHC

The High Court partly allowed a civil appeal over unpaid supply रकम, increasing the principal sum to TShs. 10,291,246.5 while leaving interest and costs intact.

• Burden of proof
• Evidence
• Commercial contracts
• Public procurement
• Burden-of-proof
• Contract-law

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okoa muda ltd vs chamwino district council 2021 tzhc 12585 13 december 2021

Court

TZHC

The High Court dismissed an appeal over a crop cess contract, holding that the trial court properly deducted the collection deficit from the performance bond.

• Performance bond
• Sanctity of contract
• Judgment by admission
• Remedies for breach
• Public procurement
• Performance-bond

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ms aquar power t ltd ta turbine tech vs tanzania electric power supply company limited and 2 others 2021 tzhc 5350 5 august 2021

Court

TZHC

The applicant was still within the prescribed six-month period to file for leave for judicial review, but due to the lapse of time by the date of ruling, extension of time was merited to avoid injustice and unnecessary re-filing.

Source excerpt

• Judicial review
• Extension of time
• Public procurement

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maswi drilling co ltd vs sengerema district council 2020 tzhccomd 2017 10 july 2020

Court

TZHCCOMD

Commercial contract dispute over borehole drilling payments. The court allowed the claim in part, finding some work unpaid, some claims unsupported, and that unproductive boreholes could be withheld.

• Breach of contract
• Construction contracts
• Public procurement
• Damages
• Interest on late payment
• Breach-of-contract

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WILSON TARIMO MISC APPLICATION

Court

TANZLII

The applicants lack locus standi as their names do not appear in the lease agreement forming the basis of the claim, and therefore cannot maintain the application.

Source excerpt

• Locus standi
• Breach of contract
• Jurisdiction
• Res judicata
• Public procurement

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20160218 TZHC Dar es Salaam5

Court

TZHC

The High Court dismissed a commission claim for Mwanza Airport tender facilitation, finding no binding agreement or proved services and noting an arbitration clause.

• Existence of contract
• Arbitration clause
• Public procurement
• Entitlement to commission
• Lobbying and solicitation
• Contract-existence

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20070530 TZHC Moshi

Court

TZHC

The High Court dismissed a civil appeal over a public tender dispute, holding the appellant had not exhausted the statutory complaint process under procurement law.

• Public procurement
• Exhaustion of remedies
• Jurisdiction
• Tender procedures
• Public-procurement
• Exhaustion-of-remedies

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