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Tanzania Case Law

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Civil procedure machoke francis vs muhoni kitege 2023 tzhc 23022 28 november 2023

machoke francis vs muhoni kitege 2023 tzhc 23022 28 november 2023

The High Court dismissed a review application, holding that irregular participation of additional tribunal members during a land dispute hearing was fatal.

  • Review of court orders
  • Tribunal composition
  • Right to be heard
  • Irregularity in proceedings
  • Civil-review
  • Land-law
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Family law Deemay

Deemay

Once the trial court found no valid marriage between the parties, it lacked jurisdiction to determine ownership of the disputed land as matrimonial property; any claim over land ownership must be pursued in a competent land tribunal or court.

  • Jurisdiction
  • Matrimonial property
  • Land ownership
  • Irregularity in proceedings
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Land law halima m khalifa vs regina raymond mallya and2 others 2021 tzhclandd 494 24 september 2021

halima m khalifa vs regina raymond mallya and2 others 2021 tzhclandd 494 24 september 2021

The High Court partly allowed a land appeal, setting aside a tribunal relief order that granted relief beyond the pleadings while leaving other findings intact.

  • Joint ownership
  • Sale of property
  • Burden of proof
  • Relief beyond pleadings
  • Role of assessors
  • Irregularity in proceedings
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Land law nyasio malalo vs john mwananjela 2020 tzhclandd 168 6 august 2020

nyasio malalo vs john mwananjela 2020 tzhclandd 168 6 august 2020

The High Court nullified a land tribunal decision after finding fatal irregularities in party identity, assessor procedure, and the handling of the disputed land record.

  • Irregularity in proceedings
  • Ownership dispute
  • Role of assessors
  • Party identity
  • Locus in quo
  • Land-law
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Criminal law cletus mokiroba nyangita vs republic 2020 tzca 299 15 june 2020

cletus mokiroba nyangita vs republic 2020 tzca 299 15 june 2020

The Court of Appeal held that the High Court wrongly failed to consider alleged irregularities in the trial proceedings and granted extension of time to appeal.

  • Corrupt transactions
  • Extension of time
  • Jurisdiction
  • Irregularity in proceedings
  • Extension-of-time
  • Criminal-procedure
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Labour law mk trans vs geofrey augustine 2020 tzhc 942 29 may 2020

mk trans vs geofrey augustine 2020 tzhc 942 29 may 2020

The High Court at Bukoba refused leave and extension of time to seek revision of a CMA ruling, finding no sufficient reason for the delay and treating the application as an abuse of process.

  • Extension of time
  • Leave to file revision
  • Jurisdiction
  • Irregularity in proceedings
  • Extension-of-time
  • Leave-to-appeal
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Land law edina adam kibona vs absolom swebe sheli 2018 tzca 310 10 december 2018

edina adam kibona vs absolom swebe sheli 2018 tzca 310 10 december 2018

Failure to require assessors to give their opinion in writing and to read those opinions to the parties before judgment constitutes a fatal irregularity, vitiating the tribunal proceedings and judgment.

  • Role of assessors
  • Tribunal procedure
  • Irregularity in proceedings
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Land law Alex Timoth Lali

Alex Timoth Lali

Material noncompliance with principles for visitation of locus in quo constitutes a fatal irregularity that vitiates the proceedings; the trial tribunal's proceedings are nullified and remitted for retrial.

  • Tribunal procedure
  • Assessors' opinions
  • Visitation of locus in quo
  • Irregularity in proceedings
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Civil procedure 20050910 TZHC Arusha

20050910 TZHC Arusha

The High Court held that irregular substitution of primary court assessors made the trial and first appeal proceedings a nullity, and allowed the appeal.

  • Constitution of court
  • Irregularity in proceedings
  • Primary court assessors
  • Nullity of proceedings
  • Civil-procedure
  • Constitution-of-court
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Criminal law 19920518 TZHC Dar es Salaam

19920518 TZHC Dar es Salaam

The High Court held that criminal proceedings were vitiated where a person other than the complainant conducted the case, rendering the trial and appeal null.

  • Irregularity in proceedings
  • Role of complainant
  • Conduct of prosecution
  • Criminal-procedure
  • Irregularity-in-proceedings
  • Complainant
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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.