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Tanzania Case Law

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

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Civil procedure kulwa lutambi vs irene sayi goreshi 2024 tzca 60 20 february 2024

kulwa lutambi vs irene sayi goreshi 2024 tzca 60 20 february 2024

The Court of Appeal dismissed an appeal against refusal to extend time to appeal, holding that illness was not shown to be sufficient cause for the long delay.

  • Extension of time
  • Sufficient cause
  • Procedural law
  • Substantive justice
  • Land ownership dispute
  • Extension-of-time
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Land law omari njoku vs zakia malingumu 2022 tzhclandd 66 31 january 2022

omari njoku vs zakia malingumu 2022 tzhclandd 66 31 january 2022

The High Court dismissed a land revision application, holding that a spelling error in the applicant’s name did not cause prejudice or a failure of justice.

  • Revision jurisdiction
  • Minor errors in proceedings
  • Substantive justice
  • Land-revision
  • Substantive-justice
  • Procedural-irregularity
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Civil procedure shakila issa namatelekaadministratrix of the estate of the late hassan issa namateleka vs ibrahim mohamed kisanga and salum selemani lilangu 2020 tzhc 4548 19 november

shakila issa namatelekaadministratrix of the estate of the late hassan issa namateleka vs ibrahim mohamed kisanga and salum selemani lilangu 2020 tzhc 4548 19 november

The court overruled the preliminary objection, holding that citing the wrong provision is not fatal where substantial justice requires hearing the case on merit, especially in light of the overriding objective principle.

  • Extension of time
  • Preliminary objection
  • Citing wrong provision
  • Overriding objective
  • Substantive justice
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Civil procedure 20190726 TZHC Dar es Salaam

20190726 TZHC Dar es Salaam

The High Court dismissed an application for revision, holding that alleged procedural irregularities in a summary suit did not occasion injustice.

  • Revision
  • Summary suit
  • Recusal of magistrate
  • Procedural irregularities
  • Substantive justice
  • Civil-procedure
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Land law yakobo magoiga gichere vs penina yusuph 2018 tzca 222 9 october 2018

yakobo magoiga gichere vs penina yusuph 2018 tzca 222 9 october 2018

The Court of Appeal upheld dismissal of a land dispute appeal, holding that an unrecorded presiding member did not invalidate Ward Tribunal proceedings absent a failure of justice.

  • Ward tribunal constitution
  • Procedural irregularities
  • Substantive justice
  • Jurisdiction
  • Ward-tribunal-constitution
  • Procedural-irregularities
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Civil procedure 20170724 TZCA Dar es Salaam

20170724 TZCA Dar es Salaam

The record of appeal is incompetent for contravening Rules 96(1) and 96(4) of the Tanzania Court of Appeal Rules, 2009 due to missing and misplaced documents. Rule 2 and Article 107A(2)(e) do not permit departure from mandatory procedural requirements in this case. The appeal and related applications must be struck out.

  • Record of appeal
  • Procedural compliance
  • Substantive justice
  • Amendment of appeal documents
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Civil procedure ag of republic of uganda v east african law society and anor appeal 1 of 2013 2015 eacj 65 16 january 2015

ag of republic of uganda v east african law society and anor appeal 1 of 2013 2015 eacj 65 16 january 2015

The EACJ Appellate Division upheld leave to adduce additional evidence, finding the trial court properly exercised discretion and that no unfair prejudice was shown.

  • Admission of additional evidence
  • Judicial discretion
  • Procedural fairness
  • Substantive justice
  • Application of international court practices
  • Admission-of-additional-evidence
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Civil procedure 20121002 TZCA Dar es Salaam

20121002 TZCA Dar es Salaam

Failure to serve the respondent with the record of appeal is a fundamental breach of the Rules that cannot be cured by invoking Rule 2; the appeal is incompetent and must be struck out.

  • Service of process
  • Appeal procedure
  • Preliminary objection
  • Substantive justice
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Civil procedure 20120823 TZCA Dar es Salaam

20120823 TZCA Dar es Salaam

Once a consent decree is entered by a competent court, that court becomes functus officio and cannot set aside the decree by application; the only remedy is by instituting a fresh suit. The High Court judge (Twaib, J.) erred in setting aside the consent decree by application, and the Court of Appeal has the power to correct this illegality by revision.

  • Consent decree
  • Functus officio
  • Inherent powers of court
  • Revision
  • Preliminary objection
  • Jurisdiction
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Civil procedure 20120723 TZCA Dar es Salaam

20120723 TZCA Dar es Salaam

The omission of agreed framed issues and a complete exhibit from the record of appeal, without leave of the court or registrar, is a fatal procedural defect that cannot be cured by invoking substantive justice; the appeal is incompetent and must be struck out.

  • Record of appeal
  • Procedural compliance
  • Substantive justice
  • Exclusion of documents
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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.