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Tanzania Case Law

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Civil procedure melchiad peter kimaro another vs riziki samuel 2023 tzca 17691 3 october 2023

melchiad peter kimaro another vs riziki samuel 2023 tzca 17691 3 october 2023

The Court of Appeal granted a 30-day extension of time to file an appeal, finding an arguable illegality but not accepting advocate sickness as the sole reason for delay.

  • Extension of time
  • Illegality as ground for extension
  • Sickness of advocate
  • Title to property
  • Administrator's powers
  • Extension-of-time
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Land law hassani hamisi nzomari vs edmund thomas lusese andothers 2021 tzhclandd 12 12 february 2021

hassani hamisi nzomari vs edmund thomas lusese andothers 2021 tzhclandd 12 12 february 2021

The appellant could not acquire valid title to the suit property because the second respondent, having been convicted of illegally selling the property, had no valid title to pass. The sale agreement was null and void, and the third respondent was properly declared the lawful owner based on superior documentary and oral evidence.

  • Ownership of land
  • Title to property
  • Effect of criminal conviction on civil rights
  • Nemo dat quod non habet
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Civil procedure 20161013 TZCA Dar es Salaam

20161013 TZCA Dar es Salaam

Court of Appeal of Tanzania granted a stay of execution pending appeal, holding that the High Court decree was executable and that good cause was shown under the appellate rules.

  • Stay of execution
  • Title to property
  • Mesne profits
  • Execution of decrees
  • Stay-of-execution
  • Land-law
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Civil procedure 20100930 TZCA Dar es Salaam1

20100930 TZCA Dar es Salaam1

The Court of Appeal dismissed an application to review its earlier decision, holding that the grounds raised did not justify review and amounted to a rehearing.

  • Review of appellate decisions
  • Probate and administration
  • Islamic inheritance law
  • Title to property
  • Appellate-review
  • Probate-and-administration
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Civil procedure 20100930 TZCA Dar es Salaam

20100930 TZCA Dar es Salaam

The applicant failed to establish any of the grounds for review as stipulated by law and precedent. The prior decision regarding the heirs did not annul the administrator's appointment or the sale of the property. The application is an impermissible attempt to rehear the appeal rather than a proper review.

  • Review of appellate decisions
  • Probate and administration
  • Islamic inheritance law
  • Title to property
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Property law hussein vs hussein ibrahim sadiki sons 2006 tzca 18 30 october 2006

hussein vs hussein ibrahim sadiki sons 2006 tzca 18 30 october 2006

The Court of Appeal upheld dismissal of an appeal over estate property, finding Sofia Said had no title or authority to transfer the suit premises to the appellant.

  • Title to property
  • Probate and administration
  • Fraudulent transfer
  • Islamic inheritance law
  • Property-law
  • Succession-law
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Civil procedure 20060609 TZCA Dar es Salaam

20060609 TZCA Dar es Salaam

The Court of Appeal allowed an appeal against a LART Tribunal decision, holding the petition was time-barred and the Tribunal lacked jurisdiction over execution objections.

  • Limitation of actions
  • Jurisdiction
  • Execution of decrees
  • Title to property
  • Civil-procedure
  • Execution-of-decrees
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Civil procedure 20030929 TZHC Dar es Salaam

20030929 TZHC Dar es Salaam

The High Court granted the applicant 14 more days to file an appeal, finding the delay arose from preparation of the record and that arguable points of law existed.

  • Extension of time
  • Leave to appeal
  • Appeal procedure
  • Bona fide purchaser
  • Title to property
  • Fraud on revenue
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Civil procedure 19980908 TZHC Dar es Salaam

19980908 TZHC Dar es Salaam

The High Court stayed execution of a demolition order, holding that the objector’s rights had to be heard because she was not a party to the original proceedings.

  • Execution of judgments
  • Objection proceedings
  • Title to property
  • Demolition orders
  • Execution-of-judgments
  • Objection-proceedings
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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.