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Tanzania Case Law

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Labour law BULYANHULU GOLD MINE VS PATROBERT

BULYANHULU GOLD MINE VS PATROBERT

The High Court allowed an appeal against a garnishee order, holding the magistrate’s court was functus officio after the parties’ settlement was recorded closed.

  • Execution of decrees
  • Settlement agreements
  • Functus officio
  • Appealability of execution orders
  • Labour disputes
  • Contractual settlement
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Civil procedure Charles Swale Sayida

Charles Swale Sayida

The appeal is not maintainable as a ruling under Order XXI, Rule 62 of the CPC is not appealable; the appellant must file a suit to establish his claim over the property. Attachment cannot be made against property of a company not party to the original suit.

  • Execution of decrees
  • Attachment of property
  • Separate legal entity
  • Appealability of execution orders
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Civil procedure NMB vs ZAKAYO ZAKARI SULLE

NMB vs ZAKAYO ZAKARI SULLE

Execution orders from the District Land and Housing Tribunal are not appealable to the High Court as they do not arise from the tribunal's exercise of original jurisdiction; the proper remedy is revision, not appeal. The High Court lacks jurisdiction to entertain such appeals.

  • Appealability of execution orders
  • Jurisdiction of high court in land matters
  • Interpretation of land disputes courts act
  • Execution proceedings
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Land law 2782 0f 2024 scnd 1

2782 0f 2024 scnd 1

Execution orders of the District Land and Housing Tribunal are not appealable to the High Court; the proper remedy is to file an application for revision, not an appeal.

  • Appealability of execution orders
  • Jurisdiction of district land and housing tribunal
  • Application of civil procedure code in land matters
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Civil procedure CIVIL APPEAL NO

CIVIL APPEAL NO

Execution orders from the Resident Magistrate’s Court, except those specifically listed in section 74(1) and Order XL Rule 1 of the Civil Procedure Code, are not appealable to the High Court. The appellant’s appeal against the execution order is incompetent and must be struck out. The proper remedy is revision, not appeal.

  • Appealability of execution orders
  • Interest on decretal sum
  • Res judicata
  • Execution proceedings
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Civil procedure deus kashasha vs longino rwegasira 2023 tzhc 23381 24 november 2023

deus kashasha vs longino rwegasira 2023 tzhc 23381 24 november 2023

The High Court struck out a land appeal as incompetent, holding that the challenged order was an execution order and not appealable.

  • Appealability of execution orders
  • Taxation of costs
  • Jurisdiction
  • Limitation of actions
  • Appealability-of-orders
  • Execution-of-orders
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Civil procedure demisiano kachoma vs joseph karaka 2023 tzhc 22375 2 november 2023

demisiano kachoma vs joseph karaka 2023 tzhc 22375 2 november 2023

The High Court struck out a land appeal as incompetent, holding that an execution order is not appealable. The proper remedy is revision or reference.

  • Appealability of execution orders
  • Execution of decrees
  • Revision proceedings
  • Appealability-of-execution-orders
  • Execution-of-decrees
  • Civil-procedure-revision
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Land law john mwakasege vs prisca lawi kasese 2023 tzhc 21745 6 october 2023

john mwakasege vs prisca lawi kasese 2023 tzhc 21745 6 october 2023

The High Court dismissed a land appeal against an execution order, holding that execution orders are not appealable and the earlier ownership ruling remained enforceable.

  • Execution of judgments
  • Appealability of execution orders
  • Ownership dispute
  • Land-law
  • Civil-procedure
  • Execution-of-judgments
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Land law martha boniface machela another vs joseph swila 2023 tzhclandd 16996 6 october 2023

martha boniface machela another vs joseph swila 2023 tzhclandd 16996 6 october 2023

The Tribunal granted multiple adjournments and provided the appellants with the opportunity to show cause. The appellants failed to satisfy the decree or obtain a stay of execution. The Tribunal was correct to proceed with execution. Execution orders from the Tribunal are appealable under the applicable regulations, but the grounds of appeal lack merit.

  • Execution of decree
  • Right to be heard
  • Appealability of execution orders
  • Adjournment
  • Stay of execution
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Land law mohamed a kwangaya vs rajabu said mbeid administrator of the estate of the late said omary mbeto 2023 tzhclandd 16727 27 july 2023

mohamed a kwangaya vs rajabu said mbeid administrator of the estate of the late said omary mbeto 2023 tzhclandd 16727 27 july 2023

The High Court struck out an application for extension of time to appeal against execution proceedings, holding that execution orders are not appealable.

  • Extension of time
  • Appealability of execution orders
  • Extension-of-time
  • Appealability-of-execution-orders
  • Land-procedure
  • Civil-procedure
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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.