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Tanzania Case Law

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Civil procedure CIVIL REVIEW NO

CIVIL REVIEW NO

The court's prior order granting a Mareva injunction pending determination of a suit to be filed was an error apparent on the face of the record, as the court's jurisdiction was limited to granting an injunction only until the expiry of the 90 days' statutory notice. The order is rectified to restrain the applicants only until expiry of the statutory notice, not until determination of a suit yet to be instituted.

  • Review of court orders
  • Mareva injunction
  • Jurisdiction of court
  • Errors apparent on the face of record
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Civil procedure SYNOHYDRO

SYNOHYDRO

A vacating order is synonymous with a review order; the court is not functus officio in this context, and the preliminary objection does not meet the criteria to be sustained as it touches on the merits of the application rather than a pure point of law.

  • Functus officio
  • Preliminary objection
  • Stay of execution
  • Review of court orders
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Civil procedure Zawadi Samson Mayaya Another vs Masabi Chogabhuki 3 Others

Zawadi Samson Mayaya Another vs Masabi Chogabhuki 3 Others

The application for review lacks merit because the applicants should have followed the proper procedure of suing the administrator of Said Luponya's estate rather than seeking review. The court's previous order is effective and contains no error warranting review.

  • Review of court orders
  • Joinder of parties
  • Deceased parties in litigation
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Civil procedure 25

25

The court held that the alleged illegality was in the Deputy Registrar's administrative Letter, not in a decree or order of the court, and thus did not suffice to grant extension of time. The Letter was not reviewable under Order XLII Rule 1 of the CPC, as it was not an order, judgment, or decree. Therefore, even if time was extended, the application for review would not be maintainable.

  • Extension of time
  • Review of court orders
  • Illegality as ground for extension
  • Administrative actions by court officers
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Labour law REV NO 25112 OF 2024 MCC LIMITED VRS BENSON KASALILE 0001

REV NO 25112 OF 2024 MCC LIMITED VRS BENSON KASALILE 0001

The Deputy Registrar executed the decree as ordered by the Court, using the correct last salary figure and applying the computation as per the judgment; there was no error apparent on the face of the record, and the omission of the words 'as per the agreement' was a harmless slip that did not cause injustice.

  • Collective bargaining agreement
  • Golden handshake compensation
  • Execution of decree
  • Review of court orders
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Civil procedure NSSF RULING

NSSF RULING

Application for rectification of clerical errors is unfounded as review is the correct procedure for correcting errors apparent on the face of the record in a decision issued ten years ago.

  • Rectification of clerical errors
  • Review of court orders
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Civil procedure Misc

Misc

The applicants failed to provide legally sufficient evidence of ownership, as a residential permit does not equate to a certificate of title under Tanzanian law. Neither party proved ownership, and the dispute is properly determined by the land tribunal, not the probate court. The application for review is dismissed for lack of merit.

  • Review of court orders
  • Ownership of landed property
  • Probate proceedings
  • Admissibility of new evidence
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Civil procedure APPLICATION NO

APPLICATION NO

The Registrar of Treasury was not a party to the original suit or subsequent applications; striking out the application for non-joinder was a legal misdirection; the order is reviewable and the application for restoration should be reinstated.

  • Review of court orders
  • Non-joinder of parties
  • Restoration of suits
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Civil procedure CIVIL REVIEW 15195 OF 2024 scanned

CIVIL REVIEW 15195 OF 2024 scanned

The appeal was filed within the statutory time limit as evidenced by electronic filing records and payment receipt dated 3rd May 2024. The court's previous order was based on an error regarding the filing date. The grounds for review are meritorious, and the appeal should be restored.

  • Review of court orders
  • Limitation of actions
  • Electronic filing
  • Appeal restoration
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Civil procedure judiciary Review No

judiciary Review No

Application is marked withdrawn at the instance of the applicant's counsel; costs in favour of the respondent shall abide by the outcome of the intended appeal.

  • Review of court orders
  • Withdrawal of application
  • Costs
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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.