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Tanzania Case Law

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Civil procedure CIVIL APPEAL 122 OF 2023 YAHAYA MANDIA VS KALIM SOA

CIVIL APPEAL 122 OF 2023 YAHAYA MANDIA VS KALIM SOA

The certificate of delay was defective due to referencing the wrong letter and date, an error attributable to the Deputy Registrar. The appellant is permitted to seek rectification of the certificate to comply with legal requirements, in line with the overriding objective of substantive justice.

  • Certificate of delay
  • Rectification of procedural defects
  • Appeal process
  • Overriding objective
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Civil procedure ali saidi kurungu others vs administrator general others 2022 tzca 184 5 april 2022

ali saidi kurungu others vs administrator general others 2022 tzca 184 5 april 2022

A defective certificate of delay is rectifiable under Rule 96(7) of the Tanzania Court of Appeal Rules; leave is granted to procure a rectified certificate and lodge a supplementary record of appeal within forty-five days.

  • Certificate of delay
  • Supplementary record of appeal
  • Time bar
  • Rectification of procedural defects
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Land law lussia k msokwa vs judith t kahes 2022 tzhclandd 225 30 march 2022

lussia k msokwa vs judith t kahes 2022 tzhclandd 225 30 march 2022

The High Court’s Land Division struck out a land appeal after finding the underlying applications had been struck out, so the proper remedy was to refile.

  • Striking out vs dismissal
  • Overriding objective principle
  • Procedural technicalities
  • Rectification of procedural defects
  • Execution of land decrees
  • Land-law
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Civil procedure ecobank t ltd vs future trading co ltd 2019 tzca 426 18 november 2019

ecobank t ltd vs future trading co ltd 2019 tzca 426 18 november 2019

The certificate of delay was defective due to a typographical error, vitiating its validity, but the appellant is permitted to seek rectification from the Registrar within thirty days to facilitate a just resolution.

  • Certificate of delay
  • Appeal timelines
  • Rectification of procedural defects
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Civil procedure 20041210 TZCA Dar es Salaam

20041210 TZCA Dar es Salaam

The Court of Appeal refused to strike out a notice of appeal with a wrong case number, holding the defect was curable. It also denied stay of execution.

  • Notice of appeal
  • Stay of execution
  • Rectification of procedural defects
  • Notice-of-appeal
  • Stay-of-execution
  • Civil-procedure
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.