Tanzania Case Law

the attorney general versus mohamed liundi and another 2023 tzhc 23482 12 december 2023

Court

TZHC

The Resident Magistrate Court had jurisdiction over DAWASCO as a public corporation, not as a government entity; however, the failure to issue notice of the date of judgment to the defendant in ex parte proceedings rendered the judgment invalid and inoperative, necessitating nullification of the proceedings and a fresh judgment before another magistrate.

Source excerpt

• Jurisdiction
• Ex parte judgment
• Notice of judgment
• Public corporations
• Malicious prosecution

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attorney general vs swiss singapore overseas interprises pte ltd another 2023 tzca 17355 22 june 2023

Court

TZCA

Failure to join the Attorney General or relevant government entity after the second respondent was declared a specified public corporation violated the right to be heard and the statutory requirement to protect government interests. The proceedings from 21st August 1998 onwards are nullified and must be reheard with proper parties joined.

Source excerpt

• Joinder of parties
• Natural justice
• Government interests
• Execution of decrees
• Public corporations

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tanzania zambia railways authority vs wiliam mhame 36 others 2022 tzhcld 197 28 april 2022

Court

TANZLII

TAZARA is a public institution established by an Act of Parliament, substantially owned by the governments of Tanzania and Zambia, and delivers public services. Its employees are public servants governed by the Public Service Act. Therefore, the CMA lacked jurisdiction to entertain the dispute, and its proceedings and award are nullified.

Source excerpt

• Jurisdiction of cma
• Public servants
• Public corporations
• Employment termination

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charles daud 15 others vs tanzania ports authority 2022 tzhcld 187 28 april 2022

Court

TANZLII

Employees of Tanzania Ports Authority are public servants as the Authority is established by Act of Parliament, wholly owned by the government, and performs public functions. Applicants were required to exhaust remedies under the Public Service Act before filing at CMA. CMA lacked jurisdiction; the application is dismissed.

Source excerpt

• Jurisdiction of cma
• Status of public servants
• Exhaustion of remedies
• Interpretation of public service act
• Public corporations

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avic shantui tanzania ltd vs stamigold company ltd 2020 tzhc 1435 8 july 2020

Court

TZHC

The High Court struck out a lease dispute after holding that the plaintiff failed to serve the mandatory 90-day notice required before suing a government entity.

• Jurisdiction
• Notice of intention to sue government
• Breach of contract
• Public corporations
• Government-proceedings-act
• Notice-of-intention-to-sue

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avic shantui tanzania limited vs stamigold company limited vs stamigold company limited 2020 tzhc 6223 8 july 2020

Court

TZHC

The High Court struck out a lease-dispute suit against Stamigold Company Limited for failure to serve the mandatory 90-day notice under section 6(2) of the Government Proceedings Act.

• Jurisdiction
• Notice of intention to sue government
• Government proceedings
• Public corporations
• Civil-procedure
• Government-proceedings-act

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attorney general vs national housing corporation others 2019 tzca 415 14 november 2019

Court

TZCA

The Court of Appeal granted the Attorney General’s application to join as an interested party, finding the dispute involved public interest and public property.

• Joinder of parties
• Government/public property
• Right to be heard
• Execution of judgments
• Public corporations
• Joinder-of-parties

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20160311 TZHC Dar es Salaam 1

Court

TZHC

The substantive claim of Tshs. 30,000,000/= is below the pecuniary jurisdiction of the High Court; general damages and speculative future earnings do not confer jurisdiction. The suit should have been filed in a lower court.

Source excerpt

• Pecuniary jurisdiction
• Negligence
• Damages
• Public corporations

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gervas shayo another vs muhimbili university of health and allied sciences 2013 tzhc 2069 16 july 2013

Court

TZHC

MUHAS, as a public corporation under sole government ownership and control, is covered by section 18(1) of Cap 310, requiring the Attorney General to be summoned in judicial review proceedings, but failure to do so does not render the proceedings incompetent; the affidavit is not defective as alleged; and there was no viable alternative remedy for the Applicants within the MUHAS framework.

Source excerpt

• Judicial review
• Certiorari
• Exhaustion of remedies
• Joinder of parties
• Public corporations

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watson kihaka ta lupelo investiment coltd vs the national insurance corporation t ltd another 2010 tzhccomd 12 19 october 2010

Court

TZHCCOMD

Ruling on a bill of costs in a commercial case. The taxing officer reduced the claimed instruction fee and attendance items, taxing the bill at Tsh 2,599,000.

• Instruction fees
• Taxation of costs
• Public corporations
• Advocate remuneration
• Taxation-of-costs
• Instruction-fees

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