Tanzania Case Law

Arusha Blooms Limited v Hon. Permanent Secretary Ministry of Finance, Hon. Permanent Secretary, Ministry of State Presidents Office and Planning Investment, Bank of Tanzania, The Commissioner for Lands, The Assistant Registrar of Titles Arusha, Arusha District Council, The Hon. Attorney General, Vintan W. Mbirro (Defunct Received Manager Arusha Bloom Ltd), Daniel B Welwel (Defunct Received Manager Arusha Bloom Ltd) and Kitindi & Company Limited

The High Court at Arusha struck out Arusha Blooms Limited’s land application, holding that a pending appeal over the same property had already removed its jurisdiction.

• Jurisdiction after notice of appeal
• Preliminary objection
• Interim injunction
• Status quo order
• Receivership
• Public auction of land

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Ruling Walangi REVISION

Court

TANZLII

The High Court dismissed a land revision challenge to an execution order, holding that execution is not automatically stayed by appeal and no stay order had been shown.

• Stay of execution
• Jurisdiction after notice of appeal
• Revisionary powers
• Execution of decree
• Stay-of-execution
• Jurisdiction-after-notice-of-appeal

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kas freight ltd vs pan africa equipment t ltd 2024 tzhccomd 24 11 march 2024

Court

TZHCCOMD

The High Court held it had jurisdiction to hear a reference against taxation of costs, despite a pending notice of appeal in the main commercial suit.

• Jurisdiction after notice of appeal
• Taxation of costs
• Reference against taxing officer's decision
• Jurisdiction-after-notice-of-appeal
• Taxation-of-costs
• Reference-against-taxing-officer

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joseph magesa chilaye vs access bank tanzania ltd 2023 tzhc 23373 12 december 2023

Court

TZHC

The High Court dismissed a reference challenging taxed costs, holding that an alleged notice of appeal did not bar taxation and the taxing master acted within discretion.

• Jurisdiction after notice of appeal
• Taxation of costs
• Discretion of taxing master
• Taxation-of-costs
• Notice-of-appeal
• Taxing-masters-discretion

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faith medical t clinics 3 others vs maendeleo bank plc 2023 tzhccomd 247 28 july 2023

Court

TZHCCOMD

The High Court dismissed a reference challenging taxation after a notice of appeal, holding that taxation was not barred and the taxing officer could add taxation fees.

• Jurisdiction after notice of appeal
• Taxation of costs
• Advocates remuneration order
• Award of costs exceeding claim
• Vat on costs
• Taxation-of-costs

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Modesta Mahando Matiko

Court

TANZLII

The court held that since the notices of appeal filed by both parties related to a different decision (delivered on 28/08/2024) and not the decision of 24/04/2023, the court retained jurisdiction to correct the earlier decision. The use of 'ruling' instead of 'judgment on admission' was a clerical error, and correction was warranted under section 96 CPC and relevant case law.

Source excerpt

• Correction of court record
• Judgment on admission
• Extraction of decree
• Jurisdiction after notice of appeal

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education books publisher ltd vs hasham kassam sons ltd 3 others 2023 tzhccomd 18 10 february 2023

Court

TZHCCOMD

Judgement debtors failed to show cause why execution orders should not be granted as there was no valid stay of execution and the High Court lacked jurisdiction to stay execution after notice of appeal was filed.

Source excerpt

• Execution of decrees
• Stay of execution
• Jurisdiction after notice of appeal

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TAX REF 9

Court

TANZLII

Instruction fees cannot be awarded where the party was unrepresented by an advocate; taxation of costs should not proceed where there is proof of initiation of appeal process against the impugned order awarding costs before a higher court.

Source excerpt

• Taxation of costs
• Jurisdiction after notice of appeal
• Instruction fees
• Stay of execution

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james kapyata vs mcc limited 2022 tzhcld 770 14 july 2022

Court

TANZLII

The High Court struck out an application to extend a labour decree to the applicant after a notice of appeal had been filed, holding it lacked jurisdiction.

• Collective bargaining agreement
• Golden handshake allowance
• Jurisdiction after notice of appeal
• Labour-law
• Jurisdiction
• Notice-of-appeal

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sahara media group ltd vs bidya john 2022 tzhc 3206 13 may 2022

Court

TZHC

The High Court dismissed Sahara Media Group Ltd’s stay application, holding it lacked jurisdiction once a notice of appeal had been lodged.

• Stay of execution
• Jurisdiction after notice of appeal
• Stay-of-execution
• Jurisdiction-after-notice-of-appeal
• Civil-procedure
• Labour-procedure

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