Sign in
Tanzania Source-linked decisions Coverage checked

Tanzania Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
4 court collections
Last checked

Tanzania decisions

Decisions matching the current search

Clear filters
Civil procedure MLIGO 0001

MLIGO 0001

The appellants demonstrated sufficient cause for non-appearance due to a settlement agreement with the respondent, which was not controverted by affidavit. The existence of the agreement and the confusion it caused justified setting aside the ex parte judgment under Order IX Rule 9 of the Civil Procedure Code.

  • Setting aside ex parte judgment
  • Sufficient cause
  • Breach of contract
  • Right to be heard
Read case analysis
Civil procedure PETER PETER JUNIOR scanned

PETER PETER JUNIOR scanned

The High Court struck out a land appeal as premature, holding that the challenged ruling was interlocutory and therefore not appealable under the applicable regulations.

  • Appealability of interlocutory orders
  • Extension of time
  • Setting aside ex parte judgment
  • Appealability-of-interlocutory-orders
  • Extension-of-time
  • Setting-aside-ex-parte-judgment
Read case analysis
Land law MATONDO MUUNGU

MATONDO MUUNGU

The appellants were denied the right to be heard as the trial tribunal proceeded ex parte despite sufficient notice of their absence due to bereavement, violating the constitutional right to a fair hearing. The ex parte proceedings and resulting judgment are null and void.

  • Right to be heard
  • Ex parte proceedings
  • Setting aside ex parte judgment
  • Retrial orders
Read case analysis
Civil procedure t ports authority another vs leighton offshore pte ltd 2024 tzhccomd 12 23 february 2024

t ports authority another vs leighton offshore pte ltd 2024 tzhccomd 12 23 february 2024

Applicants failed to establish sufficient cause for non-appearance as reasons advanced were either unproven, unsupported by evidence, or amounted to negligence. The court found that summons had been duly served and that the applicants had ample opportunity to act but failed to do so. Thus, the application to set aside the ex parte judgment was dismissed for want of merit.

  • Setting aside ex parte judgment
  • Sufficient cause
  • Negligence in appearance
  • Public interest litigation
Read case analysis
Land law Land Appeal No

Land Appeal No

The appeal was dismissed because the appellant failed to provide sufficient and credible evidence to justify his absence or to show that the summons did not reach him. The tribunal was entitled to rely on the presumption of regular service through newspaper publication, and there was no misuse of discretion. The respondent's reference to past litigation was irrelevant, but did not affect the outcome, which was based on lack of evidence.

  • Setting aside ex parte judgment
  • Evaluation of evidence
  • Service of summons
  • Exercise of judicial discretion
  • Right to be heard
Read case analysis
Civil procedure alphonce kihwele vs irene lazaro mollel 2023 tzhclandd 17129 15 november 2023

alphonce kihwele vs irene lazaro mollel 2023 tzhclandd 17129 15 november 2023

The applicant is entitled to be accommodated under technical delay as he has been diligent and keen in pursuing his rights step by step after each setback. There is no element of laxity or lack of diligence, and it would be unwise to close the doors for him under these circumstances.

  • Extension of time
  • Setting aside ex parte judgment
  • Technical delay
  • Diligence in prosecution
Read case analysis
Civil procedure st augustine university of tanzania saut v 94 security co ltd 2023 tzhc 19218 26 july 2023

st augustine university of tanzania saut v 94 security co ltd 2023 tzhc 19218 26 july 2023

The High Court allowed an appeal after holding that the trial court raised issues suo motu and decided them without hearing the parties, violating the right to be heard.

  • Right to be heard
  • Natural justice
  • Suo motu decisions
  • Setting aside ex parte judgment
  • Right-to-be-heard
  • Natural-justice
Read case analysis
Civil procedure mansoor mohamed others vs state oil t limited others 2023 tzca 17454 26 july 2023

mansoor mohamed others vs state oil t limited others 2023 tzca 17454 26 july 2023

The application to set aside the ex parte judgment was filed within the prescribed thirty-day limitation period under the Law of Limitation Act, as the ex parte decree was issued before the application. The trial court erred in applying a twenty-one day period and in its computation of time.

  • Limitation periods
  • Setting aside ex parte judgment
  • Computation of time
Read case analysis
Land law omary abdallah abubakary vs maurus bernad hyera 2023 tzhc 17944 13 june 2023

omary abdallah abubakary vs maurus bernad hyera 2023 tzhc 17944 13 june 2023

The appellant was duly served with summons to appear for the ex parte judgment and failed to attend by his own design. The issue of double allocation was not pleaded or raised before the trial tribunal and cannot be considered on appeal. The grounds for extension of time and setting aside the ex parte judgment were not established.

  • Extension of time
  • Setting aside ex parte judgment
  • Service of summons
  • Double allocation of land
  • Joinder of parties
Read case analysis

About this LexChat collection

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.