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Tanzania Case Law

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Land law JUDGMENT CHIBUNU MULIBWA

JUDGMENT CHIBUNU MULIBWA

The suit land was not properly described in the application before the trial tribunal, rendering the proceedings incompetent and the resulting orders inoperative.

  • Description of suit property
  • Locus standi
  • Jurisdiction
  • Executability of court orders
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Land law JOSEPH JESEGWA HUKUMU

JOSEPH JESEGWA HUKUMU

Land appeal allowed in part after the High Court found procedural irregularity in execution proceedings before the Shinyanga DLHT and ordered a retrial.

  • Execution of decrees
  • Right to legal representation
  • Preliminary objection
  • Res judicata
  • Description of suit property
  • Land-appeal
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Civil procedure final ruling Elitetera Lema Tanzlii

final ruling Elitetera Lema Tanzlii

The failure of the trial tribunal to properly describe the suit property in its decision constitutes an apparent illegality on the face of the record, which is a sufficient ground to grant extension of time to file a revision application.

  • Extension of time
  • Revision
  • Illegality as ground for extension
  • Right to be heard
  • Description of suit property
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Land law LAND APPEAL NO 25630 OF 2024 SCANNED

LAND APPEAL NO 25630 OF 2024 SCANNED

The application before the Tribunal failed to properly describe the boundaries and size of the disputed land as required by law, rendering the proceedings, decision, and orders incompetent and invalid.

  • Description of suit property
  • Competency of pleadings
  • Nullification of proceedings
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Land law MOHAMED SEIF SCANNED

MOHAMED SEIF SCANNED

The application before the trial tribunal was incompetent due to failure to properly describe the subject matter, rendering the proceedings, decision, and orders null and void.

  • Description of suit property
  • Competency of pleadings
  • Nullification of proceedings
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Civil procedure frank joachim mtui vs joyce ntandu 2023 tzhclandd 17110 14 november 2023

frank joachim mtui vs joyce ntandu 2023 tzhclandd 17110 14 november 2023

The High Court held that lack of clear property description warranted striking out, not dismissal, but upheld refusal to permit amendment after evidence had begun.

  • Striking out pleadings
  • Amendment of pleadings
  • Description of suit property
  • Dismissal vs striking out
  • Striking-out-pleadings
  • Amendment-of-pleadings
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Land law Judgment Eustach Sahiro

Judgment Eustach Sahiro

The application before the District Land and Housing Tribunal was incompetent due to failure to properly describe the suit property as required by mandatory provisions of the Civil Procedure Code and Land Disputes Courts Regulations; all proceedings were a nullity and must be quashed.

  • Description of suit property
  • Competency of application
  • Jurisdiction
  • Execution of court orders
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Land law RUKULATWA 2

RUKULATWA 2

The suit before the trial tribunal was incompetent for failure to provide a description of the suit property sufficient to identify it, as required by Order VII Rule 3 of the Civil Procedure Code. This defect rendered the proceedings, judgment, and decree a nullity.

  • Description of suit property
  • Pleadings
  • Jurisdiction
  • Natural justice
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Civil procedure hamis hassan mkalakala vs paulo mushi 2023 tzca 17265 22 may 2023

hamis hassan mkalakala vs paulo mushi 2023 tzca 17265 22 may 2023

The Court of Appeal granted extension of time to file a notice of appeal and seek leave, holding that omission to describe the suit property raised arguable illegality on the face of the record.

  • Extension of time
  • Illegality as ground for extension
  • Description of suit property
  • Opinions of assessors
  • Extension-of-time
  • Illegality
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Civil procedure mwanzani ramadhani duma administrator of the estate of the late hamisa abdallah vs peter kiula 3 others 2023 tzhclandd 15782 31 march 2023

mwanzani ramadhani duma administrator of the estate of the late hamisa abdallah vs peter kiula 3 others 2023 tzhclandd 15782 31 march 2023

The suit property was insufficiently described in the plaint, failing to meet the mandatory requirements of Order VII Rule 3 of the Civil Procedure Code, rendering the suit incompetent.

  • Description of suit property
  • Pleading requirements
  • Preliminary objection
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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.