Tanzania Case Law

BAHARI LIMITED SCANNED

Court

TANZLII

The plaintiff's suit, presented as a summary suit, sought reliefs outside the scope permitted under Order XXXV of the Civil Procedure Code and section 140 of the Land Act. The law restricts summary suits to specific reliefs, and the plaintiff's claims do not fall within those. The suit is incompetent and must be struck out; it cannot be converted to ordinary proceedings.

Source excerpt

• Summary suit
• Mortgagee power of sale
• Summary proceedings
• Jurisdiction
• Reliefs under mortgage

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ms casco technologies co ltd vs kal holding co ltd 2022 tzhc 12025 6 may 2022

Court

TZHC

The trial court's proceedings and judgment were a nullity as the suit did not fall within the ambit of summary proceedings under Order XXXV and judgment was delivered without notice to the parties, violating mandatory procedural requirements.

Source excerpt

• Summary proceedings
• Hire purchase agreement
• Judgment delivery without notice

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bank of africa limited vs vita foam t limited others 2015 tzhc 2020 26 june 2015

Court

TZHC

The High Court granted a bank’s objection to attachment, holding that its mortgage deed and prima facie evidence showed an interest in the property at attachment.

• Objection to attachment
• Mortgage priority
• Execution of decrees
• Summary proceedings
• Objection-to-attachment
• Execution-of-decrees

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republic vs mwansasu 2000 tzhc 7 17 july 2000

Court

TZHC

The High Court reviewed a contempt conviction arising from non-compliance with an eviction order. It found the contempt procedure proper, but held the magistrate should not have combined the hearings.

• Contempt of court procedure
• Judicial bias
• Eviction orders
• Summary proceedings
• Contempt-of-court
• Judicial-bias

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19700518 TZHC Dar es salaam2

Court

TZHC

Summary proceedings were justified given the appellant's conduct, and the conviction for contempt of court stands. However, the maximum fine should be reserved for extreme cases; the appellant's behaviour did not warrant the maximum penalty.

Source excerpt

• Contempt of court
• Summary proceedings
• Sentencing

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19700518 TZHC Dar es salaam

Court

TZHC

Summary proceedings were justified given the appellant's conduct, and the conviction for contempt of court cannot be faulted. However, the maximum punishment should be reserved for extreme cases, and the appellant's behaviour did not warrant the maximum fine imposed.

Source excerpt

• Contempt of court
• Summary proceedings
• Sentencing

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