Tanzania Case Law

WILFRED WERANDUM MASSAWE 2 RULING

Court

TANZLII

The bail conditions set by the Dodoma Resident Magistrate Court are fair, manageable, and justified by the seriousness of the offences. Varying the conditions for the applicant alone would violate the principle of equality before the law and constitute discrimination among co-accused. No solid grounds were presented to warrant the exercise of the High Court's discretion to vary the bail terms.

Source excerpt

• Bail
• Variation of bail conditions
• Equality before the law
• Presumption of innocence
• Discretionary powers of court

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RULING DAIMON ADAM VS MAGRETH MWAISAKA

Court

TANZLII

Illegality in the tribunal's judgment, which was delivered outside the court-ordered timeframe, constitutes sufficient reason for granting extension of time to appeal, even if applicant failed to fully account for delay.

Source excerpt

• Extension of time
• Illegality in tribunal decisions
• Discretionary powers of court

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SALOME PASCHARY

Court

TANZLII

The High Court in Mwanza granted the applicant 30 days to file a notice of appeal, finding sufficient reason for the delay and no costs order.

• Extension of time
• Right to appeal
• Discretionary powers of court
• Extension-of-time
• Notice-of-appeal
• Appellate-procedure

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NYENYE SASA ZOZOLO

Court

TANZLII

The respondent, as the surviving spouse, has the highest interest in the deceased's estate and is a fit person to be appointed as administrator. The appellant's accreditation by family meetings does not confer legal right or interest. The trial and appellate courts properly exercised discretion, and there is no legal basis to interfere.

Source excerpt

• Appointment of administrator
• Interests in deceased's estate
• Discretionary powers of court

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ridhiwani idd machombo and another vs adija lukonge khadija hamisi 2023 tzhc 23371 1 december 2023

Court

TZHC

The applicants failed to demonstrate any issue of general importance, novel point of law, or prima facie arguable appeal; therefore, leave to appeal was not warranted.

Source excerpt

• Leave to appeal
• Appellate jurisdiction
• Discretionary powers of court

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mkongowo trading company limited two others vs azania bank limited 2023 tzhc 22541 31 october 2023

Court

TZHC

Applicants and their advocate failed to advance sufficient cause for non-appearance as they did not notify the court of counsel's absence or provide convincing evidence for their absence; thus, the application to set aside the dismissal order was without merit.

Source excerpt

• Restoration of dismissed cases
• Non-appearance
• Sufficient cause
• Discretionary powers of court

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zubery fatea mbawala v the republic 2023 tzhc 20781 7 september 2023

Court

TZHC

The High Court dismissed an application to extend time for filing a notice and petition of appeal, finding the applicant failed to show sufficient cause for the delay.

• Extension of time
• Appeal procedure
• Discretionary powers of court
• Extension-of-time
• Criminal-appeals
• Appeal-procedure

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ZAKAYO SANGA Ruling

Court

TANZLII

Documents not pleaded, not produced at or before the final pre-trial conference, and not accompanied by an application showing good cause for late production cannot be admitted. The court's discretionary power under section 51(1) does not override mandatory procedural requirements where prejudice to other parties would result.

Source excerpt

• Admissibility of evidence
• Documentary evidence
• Pleadings
• Pretrial procedure
• Discretionary powers of court

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hotel lodges t ltd vs rs nkya ta rs nkya water bowser spares 2023 tzca 17261 4 april 2023

Court

TZCA

The applicant failed to account for each day of the six-day delay as required by settled law, and no novel or arguable point of law was raised. The alleged irregularities were not specified in the affidavit. Therefore, the threshold for granting leave to appeal was not met.

Source excerpt

• Extension of time
• Leave to appeal
• Discretionary powers of court
• Accounting for delay

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gidbaghe layda vs emmanuel barie and 2 others 2023 tzhc 16438 31 march 2023

Court

TZHC

The applicant failed to account for the delay, did not substantiate the alleged illegality, and acted negligently; therefore, no sufficient cause was shown to warrant extension of time.

Source excerpt

• Extension of time
• Discretionary powers of court
• Delay in filing
• Illegality as ground for extension
• Ignorance of law

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