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Tanzania Case Law

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Land law JUDGMENT EMMANUEL LYIMO VS EDWARD MWEZIMPYA FINAL

JUDGMENT EMMANUEL LYIMO VS EDWARD MWEZIMPYA FINAL

The 1st appellant admitted occupation of the suit premises after expiry of the tenancy agreement, making him a trespasser. The tribunal correctly awarded rent arrears and general damages. The decree's defect was clerical and correctable, not warranting nullification of the judgment or decree. No prejudice was shown to the appellant.

  • Tenancy
  • Eviction
  • Rent arrears
  • General damages
  • Defective decree
  • Right to be heard
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Land law CHARLES PAULO SHIMO

CHARLES PAULO SHIMO

The High Court struck out a land appeal after finding the decree inconsistent with the judgment, making the appeal incompetent and impossible to execute.

  • Defective decree
  • Res judicata
  • Execution of judgments
  • Appeal competence
  • Defective-decree
  • Appeal-competence
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Civil procedure emmanuel nkya vs atlas school 2023 tzhc 17171 28 april 2023

emmanuel nkya vs atlas school 2023 tzhc 17171 28 april 2023

The High Court struck out a civil appeal as incompetent because the decree was issued by a different court registry from the one where the case was filed and tried.

  • Competency of appeal
  • Jurisdiction of courts
  • Statutory creation of courts
  • Defective decree
  • Civil-procedure
  • Jurisdiction
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Civil procedure CIVIL APPEAL NO

CIVIL APPEAL NO

The appeal is incompetent due to the defective decree and being filed beyond the statutory time limit; failure to attach a valid decree renders the appeal fatally defective.

  • Appeal competency
  • Time limitation
  • Defective decree
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Land law LAND APPEAL NO 59 OF 2023 JONAS CHAKUPEWA VS NEZIA KILIMA

LAND APPEAL NO 59 OF 2023 JONAS CHAKUPEWA VS NEZIA KILIMA

The appeal is incompetent because it is predicated on a defective decree, which has been struck out. Without a valid decree, there is no competent appeal before the court.

  • Defective decree
  • Appeal competence
  • Ownership of land
  • Correction of decrees
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Civil procedure CIVIL APPEAL NO

CIVIL APPEAL NO

The appeal is incompetent because the decree attached to the memorandum of appeal bears a date different from the judgment, contrary to mandatory procedural requirements, rendering the appeal fatally defective and liable to be struck out.

  • Defective decree
  • Competency of appeal
  • Order xx rule 7 cpc
  • Order xxxix rule 1(1) cpc
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Civil procedure nassoro abubakar khamis another vs wakf trust commission zanzibar others 2021 tzca 736 3 december 2021

nassoro abubakar khamis another vs wakf trust commission zanzibar others 2021 tzca 736 3 december 2021

The Court of Appeal of Tanzania held that a defective decree did not require striking out the appeal; it allowed the appellants to seek amendment and refile.

  • Defective decree
  • Appeal competence
  • Rectification of court records
  • Civil-procedure
  • Defective-decree
  • Appeal-competence
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Civil procedure salimin ali jaffar vs fatma tangawizi ngura another 2021 tzca 714 2 december 2021

salimin ali jaffar vs fatma tangawizi ngura another 2021 tzca 714 2 december 2021

The Court of Appeal held that the High Court failed to determine a preliminary objection on a defective decree before addressing the merits of the appeal.

  • Preliminary objection
  • Competence of appeal
  • Defective decree
  • Determination of legal issues
  • Preliminary-objection
  • Competence-of-appeal
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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.