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Tanzania Case Law

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Criminal law nyamwelu Gabriel

nyamwelu Gabriel

The appeal is incompetent because the notice and petition of appeal were filed in the name of a different person than the appellant, rendering the proceedings irrelevant and incapable of being acted upon by the court.

  • Incompetent appeal
  • Misidentification of appellant
  • Striking out proceedings
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Civil procedure hector sequiraa vs serengeti breweries limited 2024 tzca 174 12 march 2024

hector sequiraa vs serengeti breweries limited 2024 tzca 174 12 march 2024

The respondent failed to demonstrate diligence in following up the requested certified proceedings, as there was an unreasonable delay of 34 months between the initial request and the reminder, with no substantiated evidence of continuous follow-up. This lack of diligence offends the requirements of rule 90(5) and justifies striking out the notice of appeal.

  • Notice of appeal
  • Extension of time
  • Diligence in appeal process
  • Striking out proceedings
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Labour law NORPLAN TANZANIA LIMITED V

NORPLAN TANZANIA LIMITED V

The appeal is incompetent as it was intended to be a revision, not an appeal, and leave to refile cannot be granted since no revision was filed and the time to file revision has expired.

  • Appeal competence
  • Revision
  • Striking out proceedings
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Civil procedure gurmit singh bhachu vs meet singh bhachu 2023 tzca 9 10 february 2023

gurmit singh bhachu vs meet singh bhachu 2023 tzca 9 10 february 2023

The Court of Appeal struck out a respondent’s notice of appeal for failure to institute the appeal in time and rejected a preliminary objection on service.

  • Notice of appeal
  • Service of process
  • Extension of time
  • Striking out proceedings
  • Civil-procedure
  • Notice-of-appeal
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Labour law CIVIL APPLICATION NO 36 OF 2023 DENIS KALUA ANOTHER VS MS FLAMINGO CAFETERIA

CIVIL APPLICATION NO 36 OF 2023 DENIS KALUA ANOTHER VS MS FLAMINGO CAFETERIA

The respondent's failure to diligently follow up on the requested documents for about 14 years amounts to a failure to take essential steps in furtherance of the intended appeal, warranting striking out the notice of appeal under rule 89(2) of the Rules.

  • Notice of appeal
  • Delay in prosecution
  • Striking out proceedings
  • Diligence in appeal process
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Labour law ultimate security t ltd vs joseph goliama 2 others 2022 tzhcld 605 17 june 2022

ultimate security t ltd vs joseph goliama 2 others 2022 tzhcld 605 17 june 2022

The Mediator's order striking out the dispute was interlocutory as it did not finally determine the rights of the parties, and therefore, the application for revision is not maintainable under Rule 50 of the Labour Court Rules.

  • Interlocutory orders
  • Revision jurisdiction
  • Limitation of actions
  • Striking out proceedings
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Civil procedure alex e malagi vs abdul hassan juma 2020 tzhc 11 29 january 2020

alex e malagi vs abdul hassan juma 2020 tzhc 11 29 january 2020

The High Court struck out a civil appeal after noting the underlying dispute had already been nullified in a related appeal, making further hearing unsafe.

  • Appeal
  • Execution of judgment
  • Striking out proceedings
  • Civil-procedure
  • Civil-appeals
  • Execution-of-judgment
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Civil procedure charles masune vs juma mare 2019 tzca 325 30 september 2019

charles masune vs juma mare 2019 tzca 325 30 september 2019

The Court of Appeal struck out a notice of appeal after the respondent failed to lodge the record of appeal and other required documents within time.

  • Notice of appeal
  • Striking out proceedings
  • Failure to take essential steps
  • Notice-of-appeal
  • Striking-out-proceedings
  • Civil-procedure
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Civil procedure 20190213 TZHC Dar es Salaam 1

20190213 TZHC Dar es Salaam 1

The High Court struck out a land application and related suit after finding the Director of Ilala Municipal Council was not a proper party to be sued.

  • Jurisdiction
  • Proper party to sue
  • Striking out proceedings
  • Proper-party-to-sue
  • Preliminary-objection
  • Local-government-law
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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.