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Tanzania Case Law

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Civil procedure FAUDHIA HUSSEIN Vs

FAUDHIA HUSSEIN Vs

The preliminary objection is overruled because non-citation or wrong citation of law is not fatal under the overriding principle, and the High Court has inherent jurisdiction to entertain the application for stay of execution in the absence of specific statutory provision.

  • Stay of execution
  • Jurisdiction
  • Wrong citation of law
  • Inherent powers
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Civil procedure FAUDHIA HUSSEIN Vs

FAUDHIA HUSSEIN Vs

The application is not fatally defective for wrong citation of law as the overriding objective principle applies, and the High Court has inherent jurisdiction to entertain the application in the absence of specific statutory provision.

  • Stay of execution
  • Jurisdiction
  • Wrong citation of law
  • Inherent powers
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Civil procedure TASO

TASO

The High Court lacks jurisdiction to grant injunctive relief where an appeal is pending before the Court of Appeal; applicants failed to prove existence of conditions for mareva injunction; no direct cause of action or evidence of irreparable loss by 2nd to 6th applicants against respondents.

  • Mareva injunction
  • Jurisdiction
  • Representative suits
  • Inherent powers
  • Eviction
  • Lease agreements
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Civil procedure hyasinta elias malisa vs the ministry of landsa housing human settlements development othersusong 2023 tzca 17752 11 october 2023

hyasinta elias malisa vs the ministry of landsa housing human settlements development othersusong 2023 tzca 17752 11 october 2023

The Court of Appeal lacks jurisdiction to grant temporary injunctions in circumstances where the Rules do not specifically provide for such relief and where the application does not present extraordinary circumstances. Injunctive reliefs are suited for courts of original jurisdiction, not appellate courts.

  • Temporary injunction
  • Stay of execution
  • Inherent powers
  • Time-barred claims
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Criminal law Republic vs Shaban Madua

Republic vs Shaban Madua

The court declined to exercise its inherent powers to dismiss the charge and discharge the accused, finding that the prosecution's reasons for adjournment were genuine and not an abuse of process. The court ordered the prosecution to expedite recovery of exhibits and directed the Deputy Registrar to schedule the case for hearing in the next session.

  • Adjournment
  • Inherent powers
  • Murder
  • Fair trial
  • Speedy trial
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Criminal law republic vs twalib ubwa 2005 tzhc 143 27 may 2005

republic vs twalib ubwa 2005 tzhc 143 27 may 2005

The acquittal was wrong in fact and law as the period of two months and twenty-four days was not a long delay, and even if it were, delay alone is not a ground for acquittal. The trial magistrate wrongly invoked inherent powers, and the case did not fall under any statutory circumstances justifying acquittal.

  • Acquittal
  • Revision
  • Delay in trial
  • Inherent powers
  • Adjournment
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Civil procedure 19900928 TZHC Dar es Salaam

19900928 TZHC Dar es Salaam

The High Court dismissed an application after finding that the applicant had consented to withdrawal of the appeal and that his contrary affidavit was false.

  • Withdrawal of appeal
  • Inherent powers
  • Costs
  • Withdrawal-of-appeal
  • Inherent-powers
  • Civil-procedure
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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.