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Tanzania Case Law

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Civil procedure leah d sikombe 2 others vs elder mwembe sikombe admistrator off the estate of the late duncan edward sikombe 3 others 2023 tzhclandd 16928 12 september 2023

leah d sikombe 2 others vs elder mwembe sikombe admistrator off the estate of the late duncan edward sikombe 3 others 2023 tzhclandd 16928 12 september 2023

The application was struck out because the order sought to be revised was interlocutory and did not finally determine the rights of the parties or dispose of the main suit, thus not revisable under Section 79(2) of the Civil Procedure Code.

  • Revision of interlocutory orders
  • Jurisdiction of high court
  • Preliminary objections
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Land law erasto ngailo vs blastus allen mgimwa 2022 tzhc 14824 17 november 2022

erasto ngailo vs blastus allen mgimwa 2022 tzhc 14824 17 november 2022

The High Court held that the Land Disputes Courts Act, as a specific law, does not prohibit revision of interlocutory orders of the District Land and Housing Tribunal, and that the general prohibition in section 79(2) of the Civil Procedure Code does not apply to matters governed by the LADCA. Therefore, the application for revision is competent before the court.

  • Revision of interlocutory orders
  • Applicability of specific vs general procedural law
  • Admission of evidence
  • Jurisdiction of high court over dlht
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Labour law therezia moshi vs cornelius secondary schoo 2022 tzhcld 873 9 september 2022

therezia moshi vs cornelius secondary schoo 2022 tzhcld 873 9 september 2022

The impugned CMA ruling was interlocutory as it restored the parties to their original positions and allowed inter-party hearing, thus did not finally determine the dispute. Revision against such interlocutory orders is prohibited by Rule 50 of the Labour Court Rules. The application is struck out for being incompetent.

  • Revision of interlocutory orders
  • Preliminary objections
  • Jurisdiction
  • Procedural requirements
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Labour law national bank of commerce vs cedrick rutalala 2022 tzhcld 887 15 august 2022

national bank of commerce vs cedrick rutalala 2022 tzhcld 887 15 august 2022

The High Court held that a CMA order compelling production of documents was interlocutory, not final. The application for revision was therefore dismissed under Rule 50.

  • Revision of interlocutory orders
  • Burden of proof in unfair termination
  • Production of documents
  • Finality of orders
  • Labour-law
  • Interlocutory-orders
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Labour law polycup rachnyo vs simba logistics equipement supply ltd 2022 tzhcld 30 22 february 2022

polycup rachnyo vs simba logistics equipement supply ltd 2022 tzhcld 30 22 february 2022

The order striking out the unsigned CMA F1 was interlocutory as it did not finally determine the rights and liabilities of the parties; therefore, the application for revision is not maintainable under Rule 50 of GN. No. 106 of 2007.

  • Revision of interlocutory orders
  • Time limitation for filing applications
  • Defective affidavits
  • Electronic filing procedures
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Civil procedure dominic peter mtunzi vs petronida theophil 2021 tzhc 7298 29 september 2021

dominic peter mtunzi vs petronida theophil 2021 tzhc 7298 29 september 2021

The High Court dismissed a revision application as premature, holding that the challenged ruling was interlocutory and did not finally determine the parties' rights.

  • Revision of interlocutory orders
  • Jurisdiction
  • Defective affidavit
  • Civil-procedure
  • Revision-applications
  • Interlocutory-orders
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Land law joseph israel and another shomari kitwika administrator of the estate of the late habiba nassoro 2021 tzhclandd 819 3 september 2021

joseph israel and another shomari kitwika administrator of the estate of the late habiba nassoro 2021 tzhclandd 819 3 september 2021

The High Court cannot revise interlocutory orders of the District Land and Housing Tribunal that do not determine the dispute to finality. The application for revision was premature and incompetent.

  • Revision of interlocutory orders
  • Preliminary objection
  • Limitation of actions
  • Proper party to sue
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Criminal law deogratius so benedict komba and three others vs republic 2020 tzhc 4562 3 december 2020

deogratius so benedict komba and three others vs republic 2020 tzhc 4562 3 december 2020

The High Court dismissed a criminal revision against a subordinate court's prima facie ruling, holding that revision does not lie against an interlocutory order.

  • Revision of interlocutory orders
  • Prima facie case
  • Obtaining goods by false pretence
  • Citation of law editions
  • Criminal-revision
  • Interlocutory-orders
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Labour law impala warehouse and logistics t ltd vs samuel kayombo and others 2020 tzhcld 14 11 september 2020

impala warehouse and logistics t ltd vs samuel kayombo and others 2020 tzhcld 14 11 september 2020

The Registrar considered the applicant's affidavit in the ruling on stay of execution; the only pleaded ground for revision lacks merit. New grounds raised in submissions but not pleaded cannot be entertained.

  • Revision of interlocutory orders
  • Stay of execution
  • Pleadings and submissions
  • Jurisdiction of registrar
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Civil procedure prime catch exports ltd others vs dimond trust bank tanzania ltd 2020 tzca 374 5 august 2020

prime catch exports ltd others vs dimond trust bank tanzania ltd 2020 tzca 374 5 august 2020

An application for revision is not competent where it arises from an interlocutory order that does not finally determine the suit, as barred by section 5(2)(d) of the Appellate Jurisdiction Act. The impugned ruling striking out the application for leave to appear and defend was interlocutory and did not finally determine the rights of the parties in the main suit. Therefore, the application for revision was incompetent and an abuse of court process.

  • Revision of interlocutory orders
  • Summary suit procedure
  • Right to be heard
  • Abuse of court process
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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.