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Tanzania decisions
Decisions matching the current search
The High Court allowed a land appeal after finding fatal procedural irregularities in the tribunal record, nullifying the proceedings and ordering a retrial.
The application was dismissed because it was brought under the wrong legal provision; section 78 of the Law of Marriage Act does not apply to proceedings instituted in a primary court, and the proper procedure under section 47 of the Magistrates' Courts Act was not followed.
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The failure to record reasons for the transfer of the case file between chairpersons and the failure of the presiding chairman to record assessors' opinions constituted fatal irregularities, vitiating the proceedings and judgment of the District Land and Housing Tribunal.
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The Labour Division set aside a Deputy Registrar's order striking out Execution No. 563/2020, holding the file had been validly transferred to Dar es Salaam.
The transfer of the appeal to the Resident Magistrate with Extended Jurisdiction was effected under the wrong statutory provision, rendering the proceedings, judgment, and orders a nullity due to lack of jurisdiction.
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The transfer of the case and subsequent increase in the monetary claim violated statutory jurisdictional limits and procedural propriety. The District Court had no authority to entertain the new claim amount, and the original figure must be maintained. The application for revision is allowed, restoring the original case and nullifying the District Court proceedings.
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The High Court allowed a civil appeal, held the District Court lacked pecuniary jurisdiction, and transferred the matter to the Urban Primary Court of Ifakara.
The High Court held that a matrimonial petition can be treated as a suit for transfer purposes and granted transfer of the divorce cause to Bukoba.
The High Court Commercial Division refused to transfer a company dispute to Arusha and declined to strike it out as an abuse of process.
The High Court dismissed an application to transfer a probate cause from the Primary Court, holding that no sufficient grounds for transfer were shown.
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