Tanzania Case Law

JUDGEMENT ULTIMATE SECURITY V JOSEPH KANDIDUS determination while there is pending appeal

Court

TANZLII

The CMA lacked jurisdiction to proceed with Labour Dispute No. CMA/DSM/KIN/411/2021/51/2022 because the issue of time limitation had already been conclusively determined in a previous dispute between the same parties, and a related appeal was pending before the Court of Appeal. The proceedings and award were therefore nullified for irregularity.

Source excerpt

• Functus officio
• Res judicata
• Jurisdiction
• Condonation
• Parallel proceedings
• Pending appeal

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basajjabalaba and another v attorney general of the republic of uganda reference 8 of 2018 2020 eacj 22 22 july 2020

Court

EACJ

The Court held that issues raised by the Applicants were pending before the Supreme Court of Uganda and thus improperly before the East African Court of Justice. Parallel proceedings constitute an abuse of process and violate principles of judicial economy and good governance. The Minister of Justice cannot be faulted for not intervening in judicial matters due to the principle of judicial independence. Reliefs sought are not tenable; costs follow the event.

Source excerpt

• Rule of law
• Judicial independence
• Fair trial
• Good governance
• Parallel proceedings
• Exhaustion of remedies

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bevco ltd and another vs anna invstment co ltd 2020 tzhccomd 2028 12 february 2020

Court

TZHCCOMD

The preliminary objections raised are not pure points of law as they require evidence to determine the location of the cause of action and the nature of the proceedings. The court has jurisdiction, and the suit is not an abuse of process as the criminal and civil cases are distinct in parties and subject matter.

Source excerpt

• Territorial jurisdiction
• Abuse of court process
• Parallel proceedings

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kassim farouq others vs ally hamad nassor 2012 tzhc 100 2 november 2012

Court

TZHC

The appeal is incompetent because the appellants should have applied to the District Land and Housing Tribunal to set aside the ex parte judgment before appealing to the High Court. The existence of parallel proceedings renders the Ward Tribunal's judgment a nullity.

Source excerpt

• Ex parte judgment
• Setting aside ex parte orders
• Parallel proceedings
• Jurisdiction of tribunals

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20121102 TZHC Mwanza4

Court

TZHC

The appeal is improper as the appellants should have first applied to the District Land and Housing Tribunal to set aside the ex parte judgment, not appealed directly to the High Court. The Ward Tribunal's judgment is a nullity due to parallel proceedings.

Source excerpt

• Ex parte judgment
• Setting aside ex parte orders
• Parallel proceedings
• Jurisdiction of tribunals

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20121102 TZHC Dar es Salaam

Court

TZHC

Appeal is improper before the High Court as the appellants should have applied to the District Land and Housing Tribunal to set aside the ex parte judgment; parallel proceedings render the Ward Tribunal judgment a nullity.

Source excerpt

• Ex parte judgment
• Setting aside default judgment
• Parallel proceedings
• Jurisdiction

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20120418 TZHC Dar es Salaam1

Court

TZHC

The High Court struck out a family’s suit and injunction application over estate property, holding they lacked locus standi because they were not administrators.

• Locus standi
• Estate administration
• Parallel proceedings
• Injunction
• Locus-standi
• Estate-administration

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alcon international limited v standard charted bank of uganda and ors reference 6 of 2010 2011 eacj 7 28 august 2011

Court

EACJ

The Reference is improperly before the Court as there are ongoing proceedings in Uganda's courts on the same matter, the Reference is brought against parties not contemplated by Article 30 of the Treaty, and the Court's jurisdiction has not been operationalised for the matters claimed. The Reference amounts to forum shopping and is struck out with costs.

Source excerpt

• Jurisdiction
• Forum shopping
• Parallel proceedings
• Enforcement of arbitral awards
• Interpretation of treaty provisions

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alcon international limited v the standard chartered bank of uganda and ors appeal 2 of 2011 2011 eacj 59 24 august 2011

Court

EACJ

The First Instance Division erred by striking out the Reference on a ground that was not a valid preliminary objection and by failing to determine its own jurisdiction and address all agreed preliminary issues. The Appellate Division set aside the ruling and reinstated the Reference for determination on the merits.

Source excerpt

• Jurisdiction of regional courts
• Preliminary objections
• Enforcement of arbitral awards
• Interpretation of treaties
• Parallel proceedings

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