Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Tanzania decisions
Decisions matching the current search
The trial court's failure to comply with mandatory mediation procedures before hearing the case, failure to properly consider the Social Inquiry Report and the child's wishes, and failure to uphold the best interests of the child rendered the proceedings and ruling void ab initio.
Source excerpt
The High Court allowed an appeal, holding the trial court should have dismissed the earlier suit for nonattendance at pretrial and mediation, not struck it out with leave to refile.
Filling Part B of CMA F1, which is reserved for termination of employment disputes, in a dispute concerning breach of contract rendered the referral form defective and the dispute incompetent; thus, the CMA proceedings and award were nullified.
Source excerpt
The CMA proceedings and award were fatally irregular because the High Court's order for a hearing on merits before a different arbitrator was not complied with, and not all disputes were mediated as required by law. The successor arbitrator erred by composing an award based on prior evidence rather than hearing evidence afresh. Overtime claims were not specifically pleaded and cannot be implied. The irregularities vitiated the entire proceedings and award.
Source excerpt
The High Court set aside a CMA award after finding the dispute was improperly filed, unmediated issues were heard, and the arbitrator relied on an untendered document.
The arbitrator erred by proceeding to hear and determine a dispute that was not mediated as required by law and based on a defective CMA F1; the mediator and arbitrator were bound by the pleadings and could not change the nature of the dispute without proper amendment and mediation.
Source excerpt
The Court of Appeal upheld the respondents’ ownership of the suit land, finding the appellants had no good title to pass and dismissing the appeal.
The appellant did not breach any term of the loan facility agreement as there was no contractual obligation to manage the respondent's account; the High Court erred in finding breach and voidness. The respondents failed to repay the loan as agreed and are liable for breach. The loan facility transaction was not void under Tanzanian contract law.
Source excerpt
The CMA lacked jurisdiction to entertain the amended complaint for breach of contract as it was filed out of time and without proper extension, and the failure to mediate the amended dispute before arbitration was a breach of mandatory procedure, rendering the proceedings and award null.
Source excerpt
The trial court had jurisdiction as the dispute was about mining rights and breach of agreement, not land ownership. The collective admission of related exhibits did not prejudice the appellant. The mediation process was properly concluded as evidenced by the handwritten record. The mining agreement was not terminated by the ward tribunal's decision, and the appellant's obstruction of the respondent's mining rights constituted a breach of contract. The award of general damages was justified and properly assessed based on the evidence.
Source excerpt
Explore more
