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Tanzania Case Law

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Land law LAND APPEAL NO

LAND APPEAL NO

The power of attorney was improperly granted and exercised because the donor was present within the court's jurisdiction, no genuine reasons were provided for the grant, and the donee acted beyond permissible scope by conducting proceedings as an advocate.

  • Power of attorney
  • Legal representation
  • Jurisdiction
  • Revisional powers
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Land law isdory theodore administrator of the estate of late bibiana sarafina vs mathew mtigumwe 2023 tzhc 22620 31 october 2023

isdory theodore administrator of the estate of late bibiana sarafina vs mathew mtigumwe 2023 tzhc 22620 31 october 2023

The trial tribunal lacked jurisdiction to determine the dispute because the size and description of the disputed land were not clearly stated or established in the pleadings or evidence, rendering the proceedings a nullity.

  • Jurisdiction
  • Description of immovable property
  • Revisional powers
  • Admissibility of evidence
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Land law margareth moremi versus maria alphonse sililaas guardian of allison lous silila 2 others 2023 tzhclandd 17307 26 october 2023

margareth moremi versus maria alphonse sililaas guardian of allison lous silila 2 others 2023 tzhclandd 17307 26 october 2023

The appeal is not maintainable because a necessary party (Ali Kheri Sumaye) was not joined at the trial stage, rendering the proceedings and judgment of the trial tribunal a nullity.

  • Joinder of parties
  • Nullity of proceedings
  • Revisional powers
  • Matrimonial property
  • Appeal procedure
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Criminal law ramadhani rajabu kules vs republic 2023 tzca 150 28 march 2023

ramadhani rajabu kules vs republic 2023 tzca 150 28 march 2023

Court of Appeal held the criminal appeal to the High Court was not time-barred and that dismissal was the wrong procedure; the matter was remitted for hearing on the merits.

  • Appeal time limitation
  • Dismissal vs striking out
  • Revisional powers
  • Criminal-procedure
  • Appeal-time-limitation
  • Dismissal-vs-striking-out
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Criminal law masumbuko mhoja another vs republic 2022 tzca 500 10 august 2022

masumbuko mhoja another vs republic 2022 tzca 500 10 august 2022

The charge was fatally defective for failing to specify to whom the threat or violence was directed in the particulars of offence, an essential element under section 287A of the Penal Code and section 132 of the Criminal Procedure Act. This defect is not curable by evidence, rendering the trial and appellate proceedings null and void.

  • Defective charge
  • Armed robbery
  • Particulars of offence
  • Section 287a penal code
  • Section 132 criminal procedure act
  • Section 388(1) criminal procedure act
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Criminal law vicent kioja ngeleja vs republic 2022 tzca 144 25 march 2022

vicent kioja ngeleja vs republic 2022 tzca 144 25 march 2022

The Court of Appeal set aside the High Court’s enhancement of sentence, holding that revisional powers could not be used to grant relief in a time-barred appeal without hearing the appellant.

  • Unlawful possession of government trophy
  • Sentencing
  • Revisional powers
  • Time-barred appeals
  • Right to be heard
  • Revisional-powers
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Criminal law mhega so sasi vs republic 2021 tzca 200 7 may 2021

mhega so sasi vs republic 2021 tzca 200 7 may 2021

The appellant had no right of appeal against the High Court's refusal to grant extension of time; however, given the unchallenged affidavit and procedural history, the Court exercised revisional powers to grant extension of time, finding sufficient cause for the delay.

  • Extension of time
  • Notice of appeal
  • Jurisdiction
  • Revisional powers
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Competition law tanga cement public company ltd vs fair competition commission 2021 tzca 98 9 april 2021

tanga cement public company ltd vs fair competition commission 2021 tzca 98 9 april 2021

The Court of Appeal does not have jurisdiction to revise decisions of the Fair Competition Tribunal under section 4(3) of the Appellate Jurisdiction Act, as the Tribunal is not the High Court and its decisions are final by statute. Section 84(2) of the Fair Competition Act does not equate the Tribunal to the High Court but only prescribes the mode of enforcement of its decisions.

  • Jurisdiction of court of appeal
  • Revisional powers
  • Finality of tribunal decisions
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Criminal law charles ramadhani vs republic 2020 tzca 1871 25 november 2020

charles ramadhani vs republic 2020 tzca 1871 25 november 2020

Due to irretrievable loss of records and inability to reconstruct them, coupled with the appellant's lengthy incarceration, the court invoked its revisional powers to quash the proceedings, conviction, and sentence, and ordered immediate release.

  • Missing court records
  • Gang rape
  • Fair trial
  • Reconstruction of records
  • Revisional powers
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Labour law david john vs uniliver tea tanzania limited 2020 tzhc 3559 13 november 2020

david john vs uniliver tea tanzania limited 2020 tzhc 3559 13 november 2020

The Deputy Registrar had no jurisdiction to order stay of execution in the absence of an application for stay, and is not part of the Labour Division of the High Court for purposes of issuing such orders; the order and proceedings in Execution No. 26 of 2018 are a nullity and are quashed.

  • Jurisdiction of deputy registrar
  • Stay of execution
  • Revisional powers
  • Labour court structure
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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.