Tanzania Case Law

STELLA MAJIGE Vs

Court

TANZLII

The Tribunal's proceedings were vitiated by procedural irregularities in the admission of documentary evidence and the conduct of the locus in quo, both of which violated mandatory legal requirements and the right to be heard. As these irregularities go to the root of the matter, the entire proceedings and judgment must be quashed and the matter retried before a competent chairman.

Source excerpt

• Admission of evidence
• Locus in quo procedure
• Natural justice
• Retrial
• Ownership of land

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RULING Juma Hassan Chinga

Court

TANZLII

The application is incompetent because it seeks revision of an interlocutory order that does not finally determine the criminal charge, which is expressly precluded by section 372(2) of the Criminal Procedure Act and section 43(2) of the Magistrates’ Court Act.

Source excerpt

• Revision
• Interlocutory orders
• Jurisdiction
• Admission of evidence

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REHEMA J KULANDERA VERSUS HEKIMA WOMEN GROUP Judgment

Court

TANZLII

The appeal was dismissed because the respondent proved the claim for rental arrears through credible oral and documentary evidence, including the appellant's written admission of debt, and the trial tribunal properly evaluated the evidence and admitted the documents in accordance with the law.

Source excerpt

• Landlord and tenant
• Rental arrears
• Burden of proof
• Admission of evidence
• Documentary evidence

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george fedrick george vs the republic 2024 tzhc 690 6 march 2024

Court

TZHC

The High Court allowed a criminal appeal, quashed convictions for rape and impregnating a schoolgirl, and set aside 30-year sentences due to evidential and procedural defects.

• Rape
• Impregnating a school girl
• Standard of proof
• Admission of evidence
• Right to defence
• Credibility of witnesses

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happines romwald chuwa 3 others vs sanlam general insurance tanzania limited 2024 tzhcld 26 26 february 2024

Court

TANZLII

The High Court nullified a CMA labour award after finding fatal procedural irregularities in arbitrator succession and admission of exhibits.

• Unfair termination
• Procedural irregularity
• Jurisdiction of arbitrator
• Admission of evidence
• Labour-law
• Employment-termination

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fadhil said mbelwa vs ultimate security tanzania limited 2024 tzhcld 2 13 february 2024

Court

TANZLII

The High Court quashed a CMA award after finding exhibits were improperly admitted without proper objection procedures, vitiating the proceedings and requiring a trial de novo.

• Unfair termination
• Procedural impropriety
• Admission of evidence
• Right to be heard
• Labour-law
• Procedural-irregularity

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JOINT VENTURE OF ARAB CONSTRACTORS ELSEWEDY ELECTRIC V

Court

TANZLII

The CMA proceedings and award are nullified because all documentary exhibits were not properly tendered and admitted, violating mandatory procedural requirements and resulting in a miscarriage of justice.

Source excerpt

• Unfair termination
• Admission of evidence
• Procedure before cma
• Remittal for retrial

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CRDB BANK PLC V

Court

TANZLII

The proceedings and award were vitiated by violation of natural justice principles due to improper admission of exhibits without affording the other party an opportunity to comment, rendering the award null and necessitating a trial de novo.

Source excerpt

• Unfair termination
• Procedural fairness
• Admission of evidence
• Natural justice

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ISSA S

Court

TANZLII

The proceedings and award were vitiated by irregularities in the admission of documentary evidence without following proper procedure and by denial of the applicants' right to be heard, rendering the award a nullity.

Source excerpt

• Unfair termination
• Retrenchment
• Procedural fairness
• Admission of evidence
• Right to be heard

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REV

Court

TANZLII

The arbitrator committed material irregularities by failing to properly admit exhibits and by depriving parties of the right to be heard, thereby breaching principles of natural justice and rendering the proceedings and award a nullity.

Source excerpt

• Unfair termination
• Procedural fairness
• Admission of evidence
• Right to be heard
• Natural justice

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