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Tanzania Case Law

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Probate PROBATE AND ADMINISTRATION CAUSE NO

PROBATE AND ADMINISTRATION CAUSE NO

The High Court struck out the petition as incompetent because the estate was already subject to pending proceedings and a grant of letters of administration in Temeke District Court, and no prejudice was caused by dispensing with the citation procedure as the caveator had already participated fully.

  • Letters of administration
  • Jurisdiction
  • Subjudice
  • Procedural compliance
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Arbitration vodacom tanzania public company limited vs shivacom tanzania limited 2021 tzhccomd 3490 22 september 2021

vodacom tanzania public company limited vs shivacom tanzania limited 2021 tzhccomd 3490 22 september 2021

The petition is not subjudice as it was filed before the related applications and the parties are not the same; therefore, the objection to stay proceedings fails.

  • Recognition and enforcement of arbitral awards
  • Subjudice
  • Stay of proceedings
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Civil procedure omary shaban s nyambu administrator of estate of the late iddi moha vs capital development authority others 2018 tzca 53 16 july 2018

omary shaban s nyambu administrator of estate of the late iddi moha vs capital development authority others 2018 tzca 53 16 july 2018

The appeal is time barred because only the first certificate of delay is valid and the subsequent certificates are invalid; the appellant failed to file the appeal within the prescribed time after the first certificate was issued.

  • Subjudice
  • Res judicata
  • Limitation of actions
  • Certificate of delay
  • Captioning of appeals
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Civil procedure nelson msuya another vs tanzania fisheries development others 2016 tzhccomd 27 19 april 2016

nelson msuya another vs tanzania fisheries development others 2016 tzhccomd 27 19 april 2016

The High Court Commercial Division dismissed this long-pending suit under Rule 47 after no application was made within six months of the last adjournment.

  • Subjudice
  • Dismissal for want of prosecution
  • Application of procedural rules
  • Civil-procedure
  • Sub-judice
  • Dismissal-for-want-of-prosecution
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Civil procedure vodacom tanzania limited vs fts services limited 2015 tzhccomd 2129 8 july 2015

vodacom tanzania limited vs fts services limited 2015 tzhccomd 2129 8 july 2015

The High Court struck out Vodacom’s application for extension of time to seek stay of execution, holding the court was functus officio after ordering execution to proceed.

  • Stay of execution
  • Extension of time
  • Functus officio
  • Subjudice
  • Arbitral award enforcement
  • Stay-of-execution
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Civil procedure NBC LTD VS MM WORDWIDE COMM CASE NO

NBC LTD VS MM WORDWIDE COMM CASE NO

Striking out the previous suit for being time barred did not render the court functus officio; the plaintiff is at liberty to refile the suit. The preliminary objection lacks merit and is dismissed with costs.

  • Functus officio
  • Subjudice
  • Striking out vs dismissal
  • Limitation of actions
  • Continuing breach
  • Case consolidation
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Civil procedure 20130930 TZHC Dar es Salaam

20130930 TZHC Dar es Salaam

The High Court stayed a land suit after finding it sub judice because an earlier tribunal case involved the same plot and substantially the same issue.

  • Subjudice
  • Jurisdiction
  • Locus standi
  • Sub-judice
  • Civil-procedure
  • Land-law
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Civil procedure 20121210 TZHC Dar es Salaam

20121210 TZHC Dar es Salaam

The High Court Land Division refused to stay a land suit pending probate matters, holding that sub judice did not apply because the cases involved different subject matter.

  • Stay of proceedings
  • Subjudice
  • Probate and administration
  • Jurisdiction
  • Stay-of-proceedings
  • Sub-judice
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Probate in the matter of the estate of the late mwanaarafa abdallah vs in the matter of an application for letters of administration by abdul mohamed 2012 tzhccomd 17 19 octob

in the matter of the estate of the late mwanaarafa abdallah vs in the matter of an application for letters of administration by abdul mohamed 2012 tzhccomd 17 19 octob

The petition was dismissed because the petitioner concealed the existence of prior proceedings and a binding order from the Kinondoni District Court requiring a fresh hearing in the Primary Court, rendering the matter subjudice and demonstrating fraudulent intent.

  • Letters of administration
  • Jurisdiction
  • Subjudice
  • Fraudulent concealment
  • Exclusive jurisdiction of primary court
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Civil procedure NELSON MSUYA VS TFUSHERIES DEVELOPMEMNT COMM CASE NO

NELSON MSUYA VS TFUSHERIES DEVELOPMEMNT COMM CASE NO

Rule 47 applies to any judicial session, including those called for orders, and since no application was made within six months of the last adjournment, the suit must be dismissed.

  • Subjudice
  • Dismissal for want of prosecution
  • Adjournment
  • Application of procedural rules
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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.