Tanzania Case Law

pontrilas investments limited v central bank of kenya and another appeal no2 of 2023 2025 eacj 9 4 march 2025

Court

EACJ

The Trial Court committed procedural irregularity by bifurcating and separately determining the jurisdictional issue after previously ruling, and being affirmed on appeal, that the issue was of mixed law and fact requiring full hearing. The Appellant was denied a fair hearing due to lack of adequate notice and opportunity to present evidence, contrary to the rule of law and fair trial principles under the Treaty.

Source excerpt

• Jurisdiction
• Fair hearing
• Institutional status under treaty
• Procedural irregularity
• Bifurcation of proceedings

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MADUHU DOTO

Court

TANZLII

The High Court allowed a land appeal, holding that the tribunal claim was incompetent because the pleadings were ambiguous, prejudicial, and failed to clearly identify the cause of action.

• Competence of pleadings
• Cause of action
• Fair hearing
• Burden of proof
• Land-law
• Civil-procedure

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sige

Court

TANZLII

High Court criminal appeal over alleged maize theft dismissed. The court held the prosecution failed to prove the appellant planted the maize, and a claim of right defeated theft.

• Theft
• Claim of right
• Burden of proof
• Fair hearing
• Admissibility of evidence
• Criminal-law

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BUJUKANO LUSHESHA RULING 1

Court

TANZLII

None of the points raised by the applicant qualify as points of law worth certification for consideration by the Court of Appeal, as they either concern issues of fact, were already determined, or are not supported by the record.

Source excerpt

• Certification of point of law
• Right of appeal
• Fair hearing
• Interpreter in criminal trial
• Expert witness qualification
• Determination of grounds of appeal

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Misc

Court

TANZLII

The High Court dismissed an application to extend time to appeal, finding the delay was not sufficiently explained and the alleged illegality was not apparent on the record.

• Extension of time
• Fair hearing
• Illegality
• Delay in filing appeal
• Extension-of-time
• Delay-in-filing-appeal

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Asia Shaban

Court

TANZLII

The High Court dismissed a land appeal, holding that the appellant had not produced sufficient evidence to prove ownership of the disputed land.

• Proof of ownership
• Evidence requirements
• Fair hearing
• Land-law
• Proof-of-ownership
• Evidence-requirements

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tijanitijani mahunguhungu vs the registered trustees of uamsho wa kristu tanzania 2024 tzca 175 12 march 2024

Court

TZCA

The Court of Appeal set aside a land trial because the respondent filed an amended defence without leave, making the proceedings a nullity.

• Amendment of pleadings
• Leave of court
• Fair hearing
• Fraudulent registration
• Estate administration
• Amendment-of-pleadings

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leo martini akonaay v emmanuel peter timoteo and another 2024 tzhc 682 8 march 2024

Court

TZHC

The High Court allowed a land appeal, finding the tribunal unfairly struck out the application and denied the appellant an adjournment despite earlier adjournments to the respondents.

• Fair hearing
• Adjournment of proceedings
• Restoration of application
• Fair-hearing
• Adjournment
• Land-appeal

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mohamed said hersy vs ally hersy jama 2024 tzhc 674 8 march 2024

Court

TZHC

The High Court held that a prior probate matter had been revoked, not closed, so res judicata did not bar a fresh application for administration.

• Res judicata
• Revocation of grant
• Administration of estates
• Fair hearing
• Probate
• Res-judicata

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REV NO 5607 OF 2024 AMINA JUMA MOHAMED VRS LAKE OIL LIMITED

Court

TANZLII

Applicant consented to termination by agreement and accepted payment, barring further claims; claim for higher compensation was unproven; however, calculation errors in terminal benefits entitle applicant to additional payment.

Source excerpt

• Mutual termination
• Severance pay
• Terminal benefits
• Fair hearing
• Employment contract

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