Tanzania Case Law

HADIJA JOSEPH TUNGE

Court

TANZLII

The lower courts erred by applying customary law to a Christian deceased without justification and by treating objections as separate suits rather than interlocutory matters, resulting in procedural violations that vitiated the proceedings. The entire proceedings of the lower courts are nullified and a retrial is ordered before a competent magistrate.

Source excerpt

• Res judicata
• Jurisdiction of primary courts
• Customary law vs statutory law
• Recognition of marriage
• Administration of estates

Read case analysis

RONGTON KASHAMBU

Court

TANZLII

The High Court held that the Primary Court lacked jurisdiction to determine a dispute dependent on electronic evidence, nullified the proceedings, and set aside the lower orders.

• Admissibility of electronic evidence
• Jurisdiction of primary courts
• Nullity of proceedings
• Electronic-evidence
• Primary-court-jurisdiction
• Nullity-of-proceedings

Read case analysis

LIDYA HILONGA 222 Edited

Court

TANZLII

The High Court dismissed an appeal over probate administration, holding the primary court had jurisdiction and that the appellant’s revocation was justified.

• Jurisdiction of primary courts
• Revocation of letters of administration
• Distribution of estate
• Right to be heard
• Customary law vs. religious law
• Probate-administration

Read case analysis

Judgment LUCAS BALUHI v WILSON ZEFANIA

Court

TANZLII

The High Court held that the Primary Court lacked jurisdiction over a common-law malicious prosecution claim and quashed both lower-court decisions.

• Malicious prosecution
• Jurisdiction of primary courts
• Malicious-prosecution
• Primary-court-jurisdiction
• Civil-appeal
• Tort-law

Read case analysis

BUNDALA MHENI VS BERNATUS Appeal originated from PC

Court

TANZLII

The High Court dismissed a second appeal over a debt-repayment agreement, holding the contract was freely signed, oral evidence could not vary it, and the primary court had jurisdiction.

• Consent in contracts
• Burden of proof
• Jurisdiction of primary courts
• Evidence in civil cases
• Contract-law
• Free-consent

Read case analysis

52

Court

TANZLII

The High Court held that the Primary Court lacked jurisdiction over this commercial dispute and nullified the lower court proceedings, judgment, and orders.

• Jurisdiction of primary courts
• Commercial transactions
• Proper forum for commercial disputes
• Jurisdiction
• Commercial-law
• Civil-procedure

Read case analysis

Leonida Sosthenes

Court

TANZLII

The primary court lacked jurisdiction to entertain the tort of malicious prosecution as there are no established and accepted rules regarding such tort under the Haya tribe's customary law, and the matter is not within the scope of primary court jurisdiction under the Magistrates' Courts Act. All proceedings and judgments of the lower courts are nullities.

Source excerpt

• Malicious prosecution
• Customary law
• Jurisdiction of primary courts
• Nullity of proceedings

Read case analysis

judgment LETICIA LUCAS NTEMI

Court

TANZLII

The High Court held that the Primary Court lacked jurisdiction over a civil claim for compensation tied to developments on land in a deceased’s estate, and quashed the lower-court proceedings.

• Jurisdiction of primary courts
• Land disputes
• Probate and administration
• Compensation for developments
• Jurisdiction
• Primary-courts

Read case analysis

HAMISI SIMANGO MKOI VRS ELIKA MHUMA MTEMI

Court

TANZLII

The District Court properly exercised its discretion to grant extension of time based on proven sickness and the manifest illegality regarding the Primary Court's lack of jurisdiction over land matters. Both grounds constituted good cause for extension under the law.

Source excerpt

• Extension of time
• Jurisdiction of primary courts
• Illegality as ground for extension
• Administrator of estate
• Appeals procedure

Read case analysis

rashid salum mgwale suing as personal representative of the estate of late salim akilindogo mgwale vs neema hassan mgwale two others 2024 tzhc 253 9 february 2024

Court

TZHC

The High Court held Masanze Primary Court lacked jurisdiction to appoint the plaintiff as administrator, because the deceased’s fixed abode was within Ruaha KII Primary Court’s area.

• Jurisdiction of primary courts
• Locus standi
• Probate administration
• Appointment of administrators
• Territorial jurisdiction
• Jurisdiction-of-primary-courts

Read case analysis