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Tanzania Case Law

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Civil procedure CIVIL APPLICATION NO

CIVIL APPLICATION NO

The Court has jurisdiction under Rule 4 (2) (a) and (b) to entertain the application for stay of execution in the interests of justice, as previous applications were not determined on merit and there is no specific rule governing the present circumstances; the preliminary objection lacks merit and is dismissed.

  • Stay of execution
  • Preliminary objection
  • Jurisdiction
  • Res judicata
  • Time barred applications
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Labour law joseph wesiko mwita vs kariakoo bazaar limited 2023 tzhcld 1432 4 october 2023

joseph wesiko mwita vs kariakoo bazaar limited 2023 tzhcld 1432 4 october 2023

The High Court Labour Division dismissed an application to extend time to file a notice of appeal, holding the delay was inordinate and not technical.

  • Extension of time
  • Technical delay
  • Illegality as ground for extension
  • Advocate negligence
  • Time barred applications
  • Extension-of-time
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Labour law deodatus tabu tarimo vs tanzania match industries ltd 2023 tzhc 1277 8 may 2023

deodatus tabu tarimo vs tanzania match industries ltd 2023 tzhc 1277 8 may 2023

The application is incompetent because the supporting affidavit contains a jurat of attestation that does not disclose how the commissioner for oath knew the deponent, violating mandatory statutory requirements.

  • Affidavit defects
  • Jurats of attestation
  • Overriding objective principle
  • Time barred applications
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Civil procedure gold africa ltd vs reef gold ltd 2023 tzhccomd 186 2 march 2023

gold africa ltd vs reef gold ltd 2023 tzhccomd 186 2 march 2023

The High Court held that the application for leave to appeal was not time barred, but the impugned order was interlocutory and not appealable.

  • Leave to appeal
  • Interlocutory orders
  • Abuse of court process
  • Time barred applications
  • Leave-to-appeal
  • Interlocutory-orders
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Labour law gerald r mgendi others vs national insurance corporation of tanzania 2022 tzhc 1152 28 february 2022

gerald r mgendi others vs national insurance corporation of tanzania 2022 tzhc 1152 28 february 2022

The High Court dismissed a labour revision application as time barred, holding it was filed 56 days after service of the award, beyond the six-week limit.

  • Limitation of actions
  • Time barred applications
  • Labour disputes
  • Preliminary objection
  • Labour-law
  • Limitation-periods
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Civil procedure rajabu john mwimi vs mantract tanzania ltd 2020 tzhc 1586 30 july 2020

rajabu john mwimi vs mantract tanzania ltd 2020 tzhc 1586 30 july 2020

The High Court dismissed an application for leave to appeal after finding it was filed two days late and the delay was not satisfactorily proved.

  • Leave to appeal
  • Extension of time
  • Time barred applications
  • Civil-procedure
  • Leave-to-appeal
  • Extension-of-time
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Civil procedure marco tluway mallange vs principal secretary ministry of defence and national service others 2016 tzhc 2064 21 june 2016

marco tluway mallange vs principal secretary ministry of defence and national service others 2016 tzhc 2064 21 june 2016

The High Court struck out a miscellaneous civil application as incompetent after the applicant effectively conceded a preliminary objection. Each party was ordered to bear its own costs.

  • Preliminary objection
  • Time barred applications
  • Defective pleadings
  • Costs
  • Withdrawal of application
  • Preliminary-objection
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Labour law 20140327 TZHC Dodoma

20140327 TZHC Dodoma

The application for revision was time barred because the extension of time granted by the Registrar was null and void for lack of jurisdiction. The Registrar's powers do not include granting extension of time to file applications, and an incompetent application cannot be withdrawn or amended but must be struck out.

  • Time barred applications
  • Jurisdiction of registrar
  • Extension of time
  • Defective affidavit
  • Withdrawal and striking out of applications
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Labour law 20140327 TZCA Dodoma

20140327 TZCA Dodoma

The Commission for Mediation and Arbitration has jurisdiction to entertain complaints arising from disciplinary sanctions, including warnings, if they result from disciplinary hearings and affect employee rights. However, the Registrar of the Labour Court lacks power to grant extension of time to re-file applications; such power is vested in the Judge. Applications filed out of time are incompetent and must be struck out, not withdrawn or amended.

  • Jurisdiction of commission for mediation and arbitration
  • Extension of time
  • Disciplinary sanctions
  • Time barred applications
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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.