Tanzania Case Law

the attorney general versus mohamed liundi and another 2023 tzhc 23482 12 december 2023

Court

TZHC

The Resident Magistrate Court had jurisdiction over DAWASCO as a public corporation, not as a government entity; however, the failure to issue notice of the date of judgment to the defendant in ex parte proceedings rendered the judgment invalid and inoperative, necessitating nullification of the proceedings and a fresh judgment before another magistrate.

Source excerpt

• Jurisdiction
• Ex parte judgment
• Notice of judgment
• Public corporations
• Malicious prosecution

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amelile mwansule vs karashi tisho 2023 tzhc 22700 14 november 2023

Court

TZHC

The appellant was present when the judgment date was set and on the judgment date; therefore, no further notice was required. The appellant was afforded the right to be heard and failed to exercise it. No irregularities or illegalities were raised in the lower tribunal or substantiated on appeal.

Source excerpt

• Ex-parte proceedings
• Right to be heard
• Notice of judgment
• Setting aside ex-parte judgment
• Natural justice

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JAMES MUGYABUSO V

Court

TANZLII

Applicants were not notified of the date of delivery of the ex parte judgment as required by Order XX Rule 1 CPC. This failure constitutes sufficient cause for extension of time to apply to set aside the judgment.

Source excerpt

• Extension of time
• Ex parte judgment
• Right to be heard
• Notice of judgment

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MISC

Court

TANZLII

The applicant was duly notified of the date of delivery of the ex-parte judgment through her principal officer, who was present in court when the date was fixed. The applicant failed to demonstrate sufficient cause for non-appearance at the hearing or for setting aside the ex-parte judgment. The authorities cited by the applicant are distinguishable as, unlike in those cases, the applicant here was notified of the judgment date. Judicial discretion to set aside the ex-parte judgment is not warranted in the absence of cogent reasons.

Source excerpt

• Setting aside ex-parte judgment
• Notice of judgment
• Exercise of judicial discretion
• Sufficient cause for non-appearance

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CIVIL APPEAL NO 95 OF 2022 TROPICAL AIR Z LTD VERSUS GODSON ELIONA MOSHI

Court

TANZLII

Failure to serve the appellant with formal notice of the ex-parte hearing and the date of ex-parte judgment was a fatal procedural irregularity that prejudiced the appellant's right to be heard and to take further legal action, rendering the proceedings and judgments of the lower courts null and void.

Source excerpt

• Ex-parte judgment
• Right to be heard
• Service of summons
• Notice of judgment

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20200624 TZHC Dar es Salaam

Court

TZHC

The appeal was dismissed because the appellant failed to demonstrate good cause for the delay, and lack of notice of ex-parte judgment delivery alone is insufficient for extension of time without proof of diligence and accounting for delay.

Source excerpt

• Ex-parte judgment
• Extension of time
• Notice of judgment
• Grounds of appeal

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national bank of commerce ltd vs mahmood salum chibango mhina others 2017 tzca 332 19 july 2017

Court

TZCA

The Court of Appeal granted NBC more time to lodge a notice of appeal and seek leave to appeal, holding that alleged illegality in the High Court judgment showed sufficient cause.

• Extension of time
• Illegality in judgment
• Interest rates
• Notice of judgment
• Leave to appeal
• Extension-of-time

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NATIONAL MICROFINACNE BANK VS CONJESTA ALEX MUSHI AND ANOTHER

Court

TANZLII

The applicant established sufficient cause for extension of time based on the presence of apparent illegalities—lack of jurisdiction and failure to notify the applicant of the judgment date—which are points of law and apparent on the face of the record. The court exercised its discretion to grant extension despite the applicant not accounting for every day of delay, as the alleged illegalities warrant consideration in the intended appeal.

Source excerpt

• Extension of time
• Jurisdiction
• Illegality as ground for extension
• Notice of judgment
• Ex parte proceedings

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deogratius m hubert vs mwanza hassani 2007 tzhc 273 21 june 2007

Court

TZHC

The appeal was dismissed except for the rescinding of the damages award, as the appellant failed to show prejudice from lack of notice, failed to prove vehicle seizure requiring Interpol confirmation, and respondent failed to justify damages awarded.

Source excerpt

• Breach of contract
• Damages
• Notice of judgment
• Vehicle sale
• Execution of decree

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20070621 TZHC Tabora

Court

TZHC

The appeal was dismissed except for the order awarding damages, which was rescinded due to lack of evidence justifying the amount awarded.

Source excerpt

• Breach of contract
• Damages
• Execution of judgment
• Notice of judgment
• Vehicle sale agreement

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