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Tanzania Case Law

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Land law mariam amir milinga 3 others v peter peter junior 11 others 2023 tzhclandd 16700 28 july 2023

mariam amir milinga 3 others v peter peter junior 11 others 2023 tzhclandd 16700 28 july 2023

Government authorities responsible for land allocation and title registration are necessary parties to the dispute, and the court may order their joinder without requiring 90 days' notice due to special circumstances and to ensure effective adjudication.

  • Joinder of parties
  • Necessary parties
  • Government proceedings
  • Title deed dispute
  • Counter-claim procedure
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Land law abdallah said masoud vs gharib suleiman and others 2020 tzhclandd 87 17 april 2020

abdallah said masoud vs gharib suleiman and others 2020 tzhclandd 87 17 april 2020

The sale and transfer of the suit property by Christopher B. Nyati to the plaintiff was unlawful because Christopher was not the sole administrator and did not obtain consent from his co-administrator. Consequently, Christopher had no capacity to pass good title, rendering the sale and Certificate of Title null and void. The property remains part of the estate of the late Mary Agnes Beyard.

  • Ownership of immovable property
  • Administration of estates
  • Fraudulent sale
  • Title to land
  • Counter-claim procedure
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Civil procedure national housing corporation vs ettienes hotel 2017 tzca 229 31 may 2017

national housing corporation vs ettienes hotel 2017 tzca 229 31 may 2017

The Court of Appeal quashed a High Court order on a counter-claim, holding that ex parte proof was required and no proper judgment had been composed.

  • Default judgment
  • Counter-claim procedure
  • Judgment composition
  • Ex parte proceedings
  • Civil-procedure
  • Default-judgment
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Civil procedure 20170529 TZCA Dar es Salaam

20170529 TZCA Dar es Salaam

The trial court erred by not following the mandatory procedure under Order VIII Rule 14(2)(b) of the Civil Procedure Code for claims exceeding one thousand shillings and by failing to compose a judgment as required by Order XX Rule 4. The proceedings and order of 7th September 2000 are quashed and the case is remitted for hearing before another judge.

  • Default judgment
  • Counter-claim procedure
  • Judgment composition
  • Ex parte proof
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Civil procedure easterness company limited vs michael lupiana and another 2012 tzhclandd 115 16 july 2012

easterness company limited vs michael lupiana and another 2012 tzhclandd 115 16 july 2012

The High Court struck out the defendants’ late written statement of defence for being filed out of time without leave and ordered the matter to proceed ex parte.

  • Late filing of pleadings
  • Extension of time
  • Ex-parte proceedings
  • Counter-claim procedure
  • Late-filing-of-pleadings
  • Extension-of-time
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Civil procedure 20120716 TZHC Dar es Salaam

20120716 TZHC Dar es Salaam

The High Court held that the defendants’ written statement of defence was filed out of time without leave, struck it out, and ordered the matter to proceed ex parte.

  • Extension of time
  • Late filing of pleadings
  • Ex-parte proceedings
  • Counter-claim procedure
  • Late-filing-of-pleadings
  • Extension-of-time
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Civil procedure 20051115 TZCA Dar es Salaam

20051115 TZCA Dar es Salaam

Court of Appeal held the amended plaint was an impermissible new case, disclosed no cause of action, and judgment on admission was wrongly entered.

  • Amendment of pleadings
  • Cause of action
  • Assignment of debt
  • Judgment on admission
  • Counter-claim procedure
  • Amendment-of-pleadings
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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.