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Tanzania Case Law

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Administrative law MISCELLANEOUS CAUSE NO

MISCELLANEOUS CAUSE NO

Given the urgency and the need to maintain the status quo, and considering the lack of alternative accommodation for affected residents, the court found it appropriate to suspend the operation of the impugned government notice and eviction order pending determination of the application for leave to apply for judicial review.

  • Judicial review
  • Certiorari
  • Mandamus
  • Interim relief
  • Ultra vires acts
  • Procedural impropriety
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Labour law LABOUR APPEAL NO 9236 OF 2024 OMARI BAKARI LIYANGA VRS MSAJILI WA VYAMA VYA WAFANYAKAZI NA MWAJIRI

LABOUR APPEAL NO 9236 OF 2024 OMARI BAKARI LIYANGA VRS MSAJILI WA VYAMA VYA WAFANYAKAZI NA MWAJIRI

The Registrar acted beyond statutory powers by setting aside the trade union election; such authority is exclusively vested in the Labour Court under Section 53 of the Employment and Labour Relations Act. The Registrar's decision is therefore quashed and set aside.

  • Jurisdiction of registrar
  • Trade union elections
  • Ultra vires acts
  • Labour court powers
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Administrative law isaya yakobo 801 others vs olpopong village council 3 others 2022 tzhc 72 29 december 2022

isaya yakobo 801 others vs olpopong village council 3 others 2022 tzhc 72 29 december 2022

The High Court granted leave to seek judicial review over a government notice declaring village land grazing area, finding an arguable case, time, and standing.

  • Judicial review
  • Ultra vires acts
  • Land use planning
  • Procedural impropriety
  • Village land rights
  • Judicial-review
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Insurance law first assurance co ltd vs tanzania insurance ambudsman others 2020 tzhc 3360 22 october 2020

first assurance co ltd vs tanzania insurance ambudsman others 2020 tzhc 3360 22 october 2020

The High Court upheld a conciliation agreement reached before the Insurance Ombudsman and dismissed a challenge alleging excess jurisdiction and breach of natural justice.

  • Jurisdiction of ombudsman
  • Conciliation agreements
  • Ultra vires acts
  • Natural justice
  • Insurance-law
  • Administrative-law
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Administrative law kikarara village council vs district commissioner moshi district and others 2020 tzhc 79 14 february 2020

kikarara village council vs district commissioner moshi district and others 2020 tzhc 79 14 february 2020

The High Court dismissed a leave application for judicial review over alleged boundary variation affecting Kikarara Village, finding no proof of actual variation or gazettement.

  • Judicial review
  • Mandamus
  • Certiorari
  • Prohibition
  • Local authority boundaries
  • Ultra vires acts
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Administrative law ezekiah t oluoch vs the permanent secretary presidents office public service management 4 others 2018 tzhc 1465 12 april 2018

ezekiah t oluoch vs the permanent secretary presidents office public service management 4 others 2018 tzhc 1465 12 april 2018

The High Court dismissed a judicial review challenge to a refusal of leave without pay and removal from the public service, finding fair hearing and no ultra vires conduct.

  • Judicial review
  • Prerogative orders
  • Right to fair hearing
  • Public service employment
  • Leave without pay
  • Discrimination
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Administrative law amudo v secretary general of the east african community application 4 of 2015 2016 eacj 130 25 may 2016

amudo v secretary general of the east african community application 4 of 2015 2016 eacj 130 25 may 2016

The application for review was dismissed because the applicant failed to demonstrate any error apparent on the face of the record. The appellate judgment was based on the finding that the claim was time-barred under Article 30(2) of the Treaty, and not on the merits. The grounds raised by the applicant were either misconceived, based on obiter dicta, or attempts to re-argue the appeal, which is not permissible under review jurisdiction.

  • Jurisdiction
  • Limitation of actions
  • Review of judgments
  • Ultra vires acts
  • Employment contracts
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Administrative law amudo v secretary general of the east african community 2015 eacj 112 25 may 2015

amudo v secretary general of the east african community 2015 eacj 112 25 may 2015

The application for review was dismissed because the Applicant failed to demonstrate any error apparent on the face of the record. The original claim was governed by Article 30 of the Treaty, making it time-barred, and the Applicant's grounds for review were either based on obiter dicta or constituted an attempt to re-argue the appeal, which is not permissible under review jurisdiction.

  • Review of judgment
  • Jurisdiction
  • Limitation periods
  • Ultra vires acts
  • Employment contracts
  • Treaty interpretation
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Constitutional law RULING

RULING

The petition was struck out for incompetence because the petitioner failed to exhaust available alternative remedies, specifically judicial review and statutory appeals, as required by section 8(2) of BRADEA. The alleged contraventions were of statutory provisions and could be addressed by judicial review, not by constitutional petition.

  • Exhaustion of alternative remedies
  • Judicial review
  • Locus standi
  • Ultra vires acts
  • Tax exemptions
  • Public interest litigation
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Tax law 20071213 TZHC Songea

20071213 TZHC Songea

The High Court dismissed Mbinga Coffee Curing Co. Ltd’s appeal, holding the district court lacked jurisdiction over a tax dispute that belonged before the Tax Revenue Appeals Board.

  • Jurisdiction of civil courts
  • Tax recovery
  • Ultra vires acts
  • Appeals process
  • Tax-law
  • Civil-procedure
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About this LexChat collection

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.