Tanzania Case Law

omary elia kulanga vs the republic 2024 tzhc 658 16 february 2024

Court

TZHC

The trial court failed to exercise its discretion judiciously under section 226(2) of the CPA by not accepting the appellant's illness as good cause for his absence and not setting aside the conviction and sentence imposed in absentia; the proceedings, conviction, and sentence are quashed and a retrial is ordered.

Source excerpt

• Right to be heard
• Trial in absentia
• Exercise of judicial discretion
• Section 226(2) criminal procedure act
• Retrial

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omary elia kulanga vs the republic 2024 tzhc 291 16 february 2024

Court

TZHC

The trial court failed to exercise its discretion judiciously under section 226(2) of the Criminal Procedure Act by not properly considering the appellant's explanation for absence, which was supported by medical evidence. The appellant was denied the right to be heard, and the conviction and sentence must be set aside.

Source excerpt

• Right to be heard
• Trial in absentia
• Exercise of judicial discretion
• Fair trial
• Section 226(2) criminal procedure act

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Land Appeal No

Court

TANZLII

The appeal was dismissed because the appellant failed to provide sufficient and credible evidence to justify his absence or to show that the summons did not reach him. The tribunal was entitled to rely on the presumption of regular service through newspaper publication, and there was no misuse of discretion. The respondent's reference to past litigation was irrelevant, but did not affect the outcome, which was based on lack of evidence.

Source excerpt

• Setting aside ex parte judgment
• Evaluation of evidence
• Service of summons
• Exercise of judicial discretion
• Right to be heard

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dar es salaam water supply and sanitation authority dawasa another vs raymond mgonda paula 5 others 2023 tzhclandd 17076 2 november 2023

Court

TANZLII

The High Court granted DAWASA and the Attorney General leave to appeal a decision in a costs taxation reference, finding arguable issues of law.

• Leave to appeal
• Taxation of costs
• Exercise of judicial discretion
• Leave-to-appeal
• Taxation-of-costs
• Judicial-discretion

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masenyenge shilinde vs sadick hassan mkoma 2023 tzhc 22793 24 october 2023

Court

TZHC

The appellant failed to provide sufficient evidence or detail in his affidavit to establish good cause for non-appearance, and did not raise or substantiate any illegality or denial of hearing. The tribunal chairman exercised discretion properly in refusing restoration of the dismissed appeal.

Source excerpt

• Restoration of dismissed appeal
• Sufficient cause for non-appearance
• Affidavit evidence
• Exercise of judicial discretion

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UGALAMA VS MINZA

Court

TANZLII

The District Court properly exercised its discretion in dismissing the application for re-admission of the appeal, as the appellant failed to substantiate sufficient cause for non-appearance. The High Court found no basis to interfere with the District Court's decision, as the reasons advanced were unsubstantiated and the law was correctly applied.

Source excerpt

• Matrimonial appeals
• Dismissal for want of prosecution
• Restoration of dismissed appeals
• Exercise of judicial discretion

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shija ndali matongo vs republic 2023 tzca 17744 6 october 2023

Court

TZCA

The Court of Appeal set aside the lower court decisions after finding the appellant was denied a fair hearing when the trial proceeded improperly in his absence.

• Right to fair hearing
• Trial in absentia
• Exercise of judicial discretion
• Remittal for retrial
• Fair-hearing
• Trial-in-absentia

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stephen maliyatabu another vs consolata kahulananga 2023 tzca 132 22 march 2023

Court

TZCA

The Court of Appeal held that a probate dispute was wrongly decided using marriage-law principles, quashed the High Court judgment, and remitted the matter for rehearing.

• Appointment of administrator
• Exercise of judicial discretion
• Scope of probate proceedings
• Misapplication of marriage law in probate
• Probate-and-administration
• Appointment-of-administrator

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MISC

Court

TANZLII

The applicant was duly notified of the date of delivery of the ex-parte judgment through her principal officer, who was present in court when the date was fixed. The applicant failed to demonstrate sufficient cause for non-appearance at the hearing or for setting aside the ex-parte judgment. The authorities cited by the applicant are distinguishable as, unlike in those cases, the applicant here was notified of the judgment date. Judicial discretion to set aside the ex-parte judgment is not warranted in the absence of cogent reasons.

Source excerpt

• Setting aside ex-parte judgment
• Notice of judgment
• Exercise of judicial discretion
• Sufficient cause for non-appearance

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kiwengwa limited vs alopi tour world hotels resort spa others 2022 tzca 366 14 june 2022

Court

TZCA

The Court of Appeal of Tanzania at Zanzibar allowed an appeal against refusal to set aside an ex parte judgment for lack of proved service and premature ex parte hearing.

• Ex parte judgment
• Setting aside ex parte decree
• Service of summons
• Exercise of judicial discretion
• Civil-procedure
• Ex-parte-judgment

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