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Tanzania Case Law

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Civil procedure crdb bank plc others vs aziz mohamed aboud another 2016 tzhccomd 2075 18 march 2016

crdb bank plc others vs aziz mohamed aboud another 2016 tzhccomd 2075 18 march 2016

Court
TZHCCOMD

The present application is substantially the same as the previously withdrawn application. Since the applicants withdrew the earlier application without seeking or obtaining leave to refile, they are precluded by Order XXIII Rule 1(3) of the Civil Procedure Code from instituting a fresh application on the same subject matter. The application is therefore struck out.

Source excerpt

  • Withdrawal of applications
  • Leave to refile
  • Costs
  • Preliminary objections
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Civil procedure crdb bank plc others vs aziz mohamed aboud another 2016 tzhccomd 6 18 february 2016

crdb bank plc others vs aziz mohamed aboud another 2016 tzhccomd 6 18 february 2016

Court
TZHCCOMD

The High Court struck out a fresh commercial application because an earlier, similar application had been withdrawn without leave to re-file under Order XXIII rule 1(3).

  • Withdrawal of applications
  • Re-filing without leave
  • Costs
  • Preliminary objections
  • Civil-procedure
  • Withdrawal-of-applications
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Civil procedure CRDB BANK PLC VS AZIZ MOHAMED ABOODM MISC

CRDB BANK PLC VS AZIZ MOHAMED ABOODM MISC

Court
TANZLII

The present application is barred by Order XXIII Rule 1(3) of the Civil Procedure Code because it is substantially the same as the previously withdrawn application, and no leave to re-file was sought or granted at the time of withdrawal. The change in phrasing does not alter the substance of the application.

Source excerpt

  • Withdrawal of applications
  • Re-filing without leave
  • Costs on withdrawal
  • Preliminary objections
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Civil procedure 20100305 TZCA Dar es Salaam

20100305 TZCA Dar es Salaam

Court
TZCA

A dismissal under Section 3(1) of the Law of Limitation Act for being time-barred is a final determination that precludes the institution of a fresh application for extension of time on the same subject matter unless the dismissal is set aside on appeal or review.

Source excerpt

  • Withdrawal of applications
  • Extension of time
  • Res judicata
  • Limitation of actions
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Probate sylivia luhasha vs fahamu valentine 2009 tzhc 35 22 september 2009

sylivia luhasha vs fahamu valentine 2009 tzhc 35 22 september 2009

Court
TZHC

The impugned decision was made in a withdrawn application and is therefore null and void. The Primary Court of Manzese had jurisdiction as the deceased had a fixed place of abode within its local limits and the applicable law was customary law.

Source excerpt

  • Jurisdiction of primary courts
  • Administration of estates
  • Customary law
  • Withdrawal of applications
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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.

Source links and collection timestamps are retained alongside the indexed records.