Tanzania Case Law

john william maeda vs yono auction mart co ltd 2022 tzhc 13485 11 march 2022

Court

TZHC

The trial court's failure to resolve the issues framed and agreed upon by the parties, and its decision to strike out the suit on a new issue raised suo moto without giving the parties an opportunity to be heard, constituted a serious breach of the right to be heard and was a misdirection warranting the quashing of the trial court's decision.

Source excerpt

• Right to be heard
• Reopening of case
• Striking out suit
• Order xxi rule 95 cpc

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africa media group vs yusufu bakari tamimu 2010 tzhc 258 25 march 2010

Court

TZHC

The High Court allowed the appeal, held the trial court mishandled preliminary objections, and set aside the proceedings as a nullity.

• Reopening of case
• Preliminary objection
• Failure to cite enabling provision
• Late filing
• Court discretion
• Civil-procedure

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20100325 TZHC Dar es Salaam

Court

TZHC

The High Court allowed the appeal, holding that the trial magistrate wrongly reopened the respondent’s case, failed to decide the preliminary objection, and misapplied procedural law.

• Preliminary objection
• Reopening of case
• Citation of enabling provision
• Failure to file submissions
• Court's inherent powers
• Civil-procedure

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