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Tanzania Case Law

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Civil procedure SHABAN IDDI JUDGMENT

SHABAN IDDI JUDGMENT

The district court lacked jurisdiction to order the applicant's detention as a civil prisoner in execution of a primary court decree without a request from the primary court, and there was no evidence that the applicant had the means to pay and wilfully refused to do so; thus, the order for detention was set aside.

  • Execution of decrees
  • Detention as civil prisoner
  • Jurisdiction of district courts
  • Burden of proof in execution proceedings
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Civil procedure rachel nankware mgeni as the lawful attorney of sangiwa amani mgeni vs josephine joseph magelanga 2022 tzhc 15100 13 december 2022

rachel nankware mgeni as the lawful attorney of sangiwa amani mgeni vs josephine joseph magelanga 2022 tzhc 15100 13 december 2022

The executing court cannot enforce matters not expressly decreed; since the trial court was uncertain about the existence of machines and advised a new suit for ownership, execution is not permissible.

  • Execution of decrees
  • Return of property
  • Detention as civil prisoner
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Civil procedure veronica kibwana as the administratrix of the estate of the late jacob kibwaga another vs khamis ally khamis 2022 tzhclandd 12627 23 november 2022

veronica kibwana as the administratrix of the estate of the late jacob kibwaga another vs khamis ally khamis 2022 tzhclandd 12627 23 november 2022

The High Court struck out an execution application as premature because the decree holders had not first exhausted other lawful modes of execution before seeking civil detention.

  • Execution of decree
  • Premature filing
  • Detention as civil prisoner
  • Execution-of-decree
  • Premature-filing
  • Civil-prisoner-detention
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Labour law raphael juma kasera vs katibu dayosisi ya mara 2020 tzhc 680 29 april 2020

raphael juma kasera vs katibu dayosisi ya mara 2020 tzhc 680 29 april 2020

Execution ruling allowing a show-cause notice in aid of a labour award, rejecting a wrong-party objection and addressing subsistence allowance for civil imprisonment.

  • Execution of awards
  • Unlawful termination
  • Detention as civil prisoner
  • Labour-execution
  • Civil-procedure
  • Execution-of-money-decrees
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Civil procedure seleman mnyambo another vs daniel maino 2008 tzhc 244 22 february 2008

seleman mnyambo another vs daniel maino 2008 tzhc 244 22 february 2008

The trial court's procedural irregularity in allowing the first appellant to defend after default was curable and did not prejudice the respondent; the substantive decision on the loan claim was correct. However, the warrant committing the appellant to civil prison was issued without due process and is quashed.

  • Default judgment
  • Execution of decrees
  • Loan recovery
  • Detention as civil prisoner
  • Res judicata
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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.