Tanzania Case Law

minnah saibull vs prevention and combating of corruption bureau 2023 tzhcld 1445 6 september 2023

Court

TANZLII

Where an application for leave to apply for judicial review is filed outside the prescribed six-month period and no extension of time is sought, the application must be dismissed under Section 3(1) of the Law of Limitation Act, regardless of arguments based on the right to be heard or procedural justice.

Source excerpt

• Limitation of actions
• Judicial review
• Dismissal for time barred applications
• Right to be heard
• Remedies for procedural defects

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CIVIL APPEAL NO

Court

TANZLII

The sole witness statement for the appellants was incurably defective for not being sworn and having a defective jurat, contrary to mandatory procedural rules; this vitiated the entire proceedings and rendered the trial court's decision a nullity.

Source excerpt

• Witness statement requirements
• Oath and affirmation
• Defective proceedings
• Remedies for procedural defects

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elibariki mboya vs amina abeid 1999 tzca 24 15 march 1999

Court

TZCA

The Court of Appeal held that an unstamped sale contract should not defeat the case on a technicality; the proper course was to require stamp duty payment and restore the trial court decision.

• Admissibility of unstamped documents
• Sale of property
• Remedies for procedural defects
• Admissibility-of-unstamped-documents
• Stamp-duty
• Civil-appeals

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