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Tanzania Case Law

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Civil procedure RULING JOSEPH MWAMBENJA VS FURAHA MALUNDI

RULING JOSEPH MWAMBENJA VS FURAHA MALUNDI

The High Court struck out a civil revision application as incompetent, holding that it could not revise an interlocutory order re-admitting an appeal in the District Court.

  • Revision
  • Supervisory jurisdiction
  • Interlocutory orders
  • Appealability
  • Preliminary objection
  • Civil-procedure
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Civil procedure RULING LUCAS MWAMPEZA VS AIDAN MSIGWA

RULING LUCAS MWAMPEZA VS AIDAN MSIGWA

The High Court cannot entertain revision of interlocutory orders in pending cases under section 44(1)(b) of the MCA and section 79(1) of the CPC, as such orders do not finally determine the rights of the parties. Supervisory powers under section 44(1)(a) of the MCA are exercisable only suo moto by the court, not by application. The application is therefore incompetent.

  • Revision
  • Supervisory jurisdiction
  • Interlocutory orders
  • Preliminary objection
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Civil procedure stantil electro company ltd vs arthur thobias mzobora and 2 others 2023 tzhc 23567 11 december 2023

stantil electro company ltd vs arthur thobias mzobora and 2 others 2023 tzhc 23567 11 december 2023

The High Court quashed land tribunal proceedings after finding the successor chairperson took over the file without recorded reasons, rendering the process a nullity.

  • Judicial conduct
  • Succession of judicial officers
  • Supervisory jurisdiction
  • Procedural irregularity
  • Land-revision
  • Supervisory-jurisdiction
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Land law hamisa mdinda and another vs the registered trustees of islamic foundation 2023 tzhc 22809 25 october 2023

hamisa mdinda and another vs the registered trustees of islamic foundation 2023 tzhc 22809 25 october 2023

The application does not raise any point that requires determination by the Court of Appeal, as the order sought to be appealed is interlocutory and not appealable. The application is designed to waste time and lacks legal merit.

  • Leave to appeal
  • Interlocutory orders
  • Supervisory jurisdiction
  • Jurisdiction of tribunal
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Land law mohamed selemani suka vs zahara selemani suka 2 others 2022 tzhclandd 12652 29 november 2022

mohamed selemani suka vs zahara selemani suka 2 others 2022 tzhclandd 12652 29 november 2022

The High Court dismissed a land revision application, holding that the tribunal had acted properly in striking out the suit after the applicant dropped a necessary party.

  • Revision
  • Necessary parties
  • Joinder and non-joinder
  • Supervisory jurisdiction
  • Land-revision
  • Necessary-parties
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Criminal law nashon odhiambo makokecha 2 others vs republic 2022 tzhc 12012 22 august 2022

nashon odhiambo makokecha 2 others vs republic 2022 tzhc 12012 22 august 2022

High Court struck out a criminal revision application as incompetent because it challenged an interlocutory order and was filed under the wrong statutory provision.

  • Supervisory jurisdiction
  • Interlocutory orders
  • Revision
  • Proper citation of law
  • Jurisdiction of high court
  • Interlocutory-orders
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Civil procedure tanzania electric supply company limited vs edna chambiriadministratrix of the estate of the late alphard neema chambiri 2021 tzhclandd 6988 29 october 2021

tanzania electric supply company limited vs edna chambiriadministratrix of the estate of the late alphard neema chambiri 2021 tzhclandd 6988 29 october 2021

The High Court allowed a reference on taxation, holding that the taxing master gave no reasons for disregarding items 111-119 while awarding the full bill.

  • Taxation of costs
  • Advocates remuneration
  • Supervisory jurisdiction
  • Instruction fees
  • Taxation-of-costs
  • Advocates-remuneration
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Civil procedure tanzania electric supply company ltd vs edna chambiri the administratrix of the estate of the late alphard weema chambiri 2021 tzhclandd 678 28 october 2021

tanzania electric supply company ltd vs edna chambiri the administratrix of the estate of the late alphard weema chambiri 2021 tzhclandd 678 28 october 2021

The High Court allowed a reference against taxation of costs and remitted Bill of Costs No. 16/2015 for fresh taxation, finding inconsistency in the taxing master's ruling.

  • Taxation of costs
  • Advocates' remuneration
  • Instruction fees
  • Bill of costs
  • Supervisory jurisdiction
  • Land compensation
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Civil procedure mateso muhogozi vs suliye muhogozi 2020 tzhc 3326 4 november 2020

mateso muhogozi vs suliye muhogozi 2020 tzhc 3326 4 november 2020

The High Court quashed proceedings in a family estate dispute, holding that heirs lacked locus standi to sue without involving the estate administrator.

  • Leave to appeal out of time
  • Locus standi
  • Estate administration
  • Supervisory jurisdiction
  • Locus-standi
  • Estate-administration
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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.