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Tanzania Case Law

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Land law Farmgreen Implements and another v

Farmgreen Implements and another v

The High Court dismissed a land appeal, holding that prior dismissals for want of prosecution were not on the merits, but the fresh suit used the same causes of action.

  • Res judicata
  • Res sub judice
  • Dismissal for want of prosecution
  • Tenancy agreement
  • Cause of action
  • Res-judicata
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Contract law JEMIMA MASIMBA

JEMIMA MASIMBA

A Tanzanian High Court appeal involving refund of advance rent was resolved by consent after the parties filed a deed of settlement.

  • Tenancy agreement
  • Refund of advance rent
  • Settlement
  • Appeal
  • Civil-procedure
  • Contract-law
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Civil procedure tanzania zambia authority another vs mary executive restaurant alias mary executive lodge railway 2023 tzhclandd 16587 26 june 2023

tanzania zambia authority another vs mary executive restaurant alias mary executive lodge railway 2023 tzhclandd 16587 26 june 2023

The Plaint complies with Order VII Rule 1 (f) and (i) of the Civil Procedure Code as the value of the subject matter is stated and the suit is properly instituted before the High Court as required by law.

  • Preliminary objection
  • Jurisdiction
  • Tenancy agreement
  • Government proceedings
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Civil procedure Jemima Masimba vs James Tulole Leonard PC Civil Appeal No 27 of 2023

Jemima Masimba vs James Tulole Leonard PC Civil Appeal No 27 of 2023

The court found that the parties had lawfully settled the dispute through a deed of settlement, which fully disposed of the appeal, and ordered the settlement to be recorded as the judgment and decree of the court.

  • Tenancy agreement
  • Refund of advance rent
  • Consent judgment
  • Settlement
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Land law frank j maro and mathew j maro administrator of the estate of the late japhet joseph maro vs abdulkhaliq abdallah 2021 tzhclandd 6674 13 september 2021

frank j maro and mathew j maro administrator of the estate of the late japhet joseph maro vs abdulkhaliq abdallah 2021 tzhclandd 6674 13 september 2021

Plaintiffs failed to prove any written or valid oral variation to the tenancy agreement; evidence shows defendant paid sufficient rent as per original agreement, thus no breach established.

  • Tenancy agreement
  • Breach of contract
  • Rent arrears
  • Administration of estate
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Land law frank j maro and mathew j maro administrators of estate of japhet joseph marovsabdukhaliq abdallah 2021 tzhclandd 708 13 september 2021

frank j maro and mathew j maro administrators of estate of japhet joseph marovsabdukhaliq abdallah 2021 tzhclandd 708 13 september 2021

Plaintiffs failed to prove any written or reliable oral variation of the tenancy agreement; the original monthly rent of Tshs 300,000 stands. Payments made by defendant cover rent due, and no breach of contract is established.

  • Tenancy agreement
  • Breach of contract
  • Rent arrears
  • Administration of estate
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Civil procedure CIVIL APPLICATION NO 624 08 OF 2021 KASELELE MAKWIMHUMU COMPANY LTD VS DOMINIC A MUNISI

CIVIL APPLICATION NO 624 08 OF 2021 KASELELE MAKWIMHUMU COMPANY LTD VS DOMINIC A MUNISI

The applicant failed to prove payment of the disputed withholding tax to the TRA, and the tenancy agreement did not provide for such deduction. The grounds raised do not meet the threshold for leave to appeal as there is no prima facie merit or novel legal issue.

  • Leave to appeal
  • Tenancy agreement
  • Withholding tax
  • Breach of contract
  • Burden of proof
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Land law claverty malunguja vs kahatano buberwa 2020 tzhc 4016 30 november 2020

claverty malunguja vs kahatano buberwa 2020 tzhc 4016 30 november 2020

The High Court dismissed a land appeal, holding that the appellant failed to prove any extended tenancy beyond the written agreement and owed compensation for continued occupation.

  • Breach of contract
  • Tenancy agreement
  • Compensation for denial of use
  • Rent arrears
  • Evidence evaluation
  • Land-law
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Land law slivester bujibu vs charles maemba 2020 tzhc 2288 31 august 2020

slivester bujibu vs charles maemba 2020 tzhc 2288 31 august 2020

The High Court upheld a land tribunal decision finding a tenancy relationship, dismissing the tenant’s appeal and confirming rent arrears and compensation awards.

  • Tenancy agreement
  • Burden of proof
  • Rent arrears
  • Compensation for property
  • Tenancy-law
  • Rent-arrears
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Land law yschawalla co ltd vs dr abbateherali 2019 tzca 23 19 february 2019

yschawalla co ltd vs dr abbateherali 2019 tzca 23 19 february 2019

The Court of Appeal of Tanzania nullified tribunal and High Court proceedings after finding irregular assessor replacement and missing assessor opinions.

  • Tenancy agreement
  • Tribunal procedure
  • Assessor participation
  • Land-law
  • Civil-procedure
  • Tribunal-procedure
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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.