Tanzania Case Law

CIV

Court

TANZLII

The applicant demonstrated substantial loss by showing that multiple accounts were garnished for the same decretal amount, threatening the core business operations and potentially leading to irreparable harm. The application was filed within reasonable time upon notification by the banks. The applicant expressed willingness to provide security, and the court ordered a bank bond guarantee as a condition for stay. Therefore, stay of execution was granted subject to provision of security.

Source excerpt

• Stay of execution
• Garnishee orders
• Security for due performance
• Substantial loss
• Review proceedings

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CIVIL APPLICATION NO

Court

TANZLII

The Court of Appeal has jurisdiction under Rule 4 (1) and (2) (a), (b), and (c) of the Court of Appeal Rules, 2009 as amended, to entertain and grant or refuse an order of stay of execution pending review, as there is no express provision for such remedy and the general powers of the Court are sufficiently wide. The affidavit is not defective as the deponent, being a company officer, is entitled to depose to facts known to the company, and the objection does not raise a pure point of law.

Source excerpt

• Stay of execution
• Jurisdiction
• Affidavit requirements
• Review proceedings

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dismas adam mwaipopo vs insignia limited 2024 tzca 140 29 february 2024

Court

TZCA

The Court of Appeal dismissed an employee’s appeal against refusal of extension of time to seek review, holding he had not shown good cause for the delay.

• Extension of time
• Review proceedings
• Electronic filing
• Delay and condonation
• Extension-of-time
• Review-proceedings

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rosemary katunzi vs oscar mhagama another 2023 tzca 17556 29 august 2023

Court

TZCA

The Court of Appeal dismissed an application to extend time for filing a notice of appeal, finding unexplained delay and no apparent illegality on the record.

• Extension of time
• Technical delay
• Illegality as ground for extension
• Appeals
• Review proceedings
• Extension-of-time

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chacha mwita maricha vs haruna mtumwa kondo 2022 tzhclandd 12396 11 october 2022

Court

TANZLII

The High Court struck out a land appeal as incompetent because it was unclear which decision was being challenged and new grounds were raised on appeal.

• Ex parte judgment
• Review proceedings
• Jurisdiction
• Service of summons
• Land-appeal
• Ex-parte-judgment

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RULING

Court

TANZLII

Omission to join a party to the original suit in review proceedings is a fatal irregularity; all parties must be joined to safeguard the right to be heard. The application is incompetent for failure to join Rahul Ganeshan Mudaliar.

Source excerpt

• Review proceedings
• Joinder of parties
• Right to be heard
• Incompetent application

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CIVIL APPLICATION NO 713 01 OF 2022 THE BOARD OF TRUSTEES OF THE PUBLIC SOCIAL SECURITY FUND PSSSF VS WILLIAM MWAKITALU 29 OTHERS

Court

TANZLII

The Court lacks jurisdiction to entertain an application for leave to change the name of an applicant in the absence of any pending appeal, intended appeal, revision, review, or reference. The application is therefore improperly before the Court and must be struck out.

Source excerpt

• Change of party name
• Jurisdiction
• Extension of time
• Review proceedings

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hussein h kinonda vs edna msangi administratrix of the late said msangi 2021 tzhclandd 6751 11 june 2021

Court

TANZLII

The High Court Land Division dismissed an application for extension of time to seek review, holding that an existing notice of appeal deprived it of jurisdiction.

• Extension of time
• Jurisdiction
• Notice of appeal
• Review proceedings
• Land-law
• Civil-procedure

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PHILIP CHIGULU

Court

TANZLII

The application for review was struck out because it contravened Order XXXIX Rule 1(2) of the Civil Procedure Code by including arguments and narrative in the grounds for review, rather than concise grounds as required.

Source excerpt

• Review proceedings
• Preliminary objection
• Form of pleadings
• Time limitation

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victoria real estate development lt vs tanzania investment bank and others 2020 tzhccomd 2035 2 september 2020

Court

TZHCCOMD

The applicant, as the recognized owner of the suit property and a party whose rights are directly affected by the review proceedings, must be joined to afford her the constitutional right to be heard. The right to be heard under Article 13(6)(a) and the court's inherent powers under section 95 of the CPC override procedural objections to joinder in this context.

Source excerpt

• Joinder of parties
• Right to be heard
• Review proceedings
• Natural justice

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