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Tanzania Case Law

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Administrative law ex b8356 ssgt sylivester s nyanda vs the insepector general of police another 2014 tzca 215 28 october 2014

ex b8356 ssgt sylivester s nyanda vs the insepector general of police another 2014 tzca 215 28 october 2014

The High Court's decision was a nullity because it was based on an issue of jurisdiction raised and decided without affording the parties an opportunity to be heard, violating the principle of natural justice. The proper course was to quash the judgment and remit the case for hearing on the merits before a different judge.

  • Wrongful dismissal
  • Jurisdiction
  • Natural justice
  • Judicial review
  • Procedural fairness
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Administrative law 20141027 TZCA Mwanza

20141027 TZCA Mwanza

The trial judge committed a fundamental procedural error by deciding the case on an issue not raised in the pleadings or addressed by the parties, thereby violating the principle of natural justice and the right to be heard. This rendered the High Court judgment a nullity and occasioned a miscarriage of justice.

  • Wrongful dismissal
  • Jurisdiction
  • Natural justice
  • Procedural fairness
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Human rights law mkandawire v republic of malawi application no 0032011 2013 afchpr 38 21 june 2013

mkandawire v republic of malawi application no 0032011 2013 afchpr 38 21 june 2013

The African Court held Urban Mkandawire’s application inadmissible for failure to exhaust available local remedies in Malawi and struck the case out.

  • Right to fair hearing
  • Right to work
  • Exhaustion of local remedies
  • Jurisdiction ratione temporis
  • Wrongful dismissal
  • Exhaustion-of-local-remedies
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Civil procedure 20100826 TZCA Arusha 1

20100826 TZCA Arusha 1

The High Court erred by failing to give the parties an opportunity to be heard on the issue of jurisdiction before dismissing the suit. Additionally, the proper order upon finding lack of jurisdiction is to strike out the suit, not dismiss it.

  • Jurisdiction
  • Right to be heard
  • Wrongful dismissal
  • Judicial review
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Employment law 20100301 TZCA Dar es Salaam

20100301 TZCA Dar es Salaam

The Court of Appeal of Tanzania at Zanzibar allowed a wrongful dismissal appeal, holding there was no admissible evidence linking the employee to diesel theft.

  • Wrongful dismissal
  • Evidence
  • Procedure
  • Assessor opinions
  • Wrongful-dismissal
  • Employment-law
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Civil procedure 20081124 TZCA Zanzibr

20081124 TZCA Zanzibr

The Court of Appeal struck out the appeal as incompetent for being time-barred and for non-compliance with mandatory appellate procedure.

  • Time-barred appeals
  • Jurisdiction
  • Certificate of delay
  • Notice of appeal
  • Wrongful dismissal
  • Time-barred-appeals
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Administrative law mkomwa vs inspector general of police and another 2005 tzhc 5 3 february 2005

mkomwa vs inspector general of police and another 2005 tzhc 5 3 february 2005

The application was filed about five years after the applicant's dismissal, far outside the six-month limitation period prescribed by law, and prerogative orders are not the appropriate remedy for wrongful dismissal from the Police Force.

  • Judicial review
  • Limitation periods
  • Wrongful dismissal
  • Remedies
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Constitutional law leila sheikh vs executive chairman of tanzania comm aids others 2004 tzhc 50 18 november 2004

leila sheikh vs executive chairman of tanzania comm aids others 2004 tzhc 50 18 november 2004

The court held that the applicant's claims for wrongful dismissal, defamation, and sexual harassment did not require constitutional interpretation and could be adequately addressed in ordinary civil courts. Therefore, the High Court lacked jurisdiction under Section 8(2) of the Basic Rights and Duties Enforcement Act No. 33 of 1994, and the petition was dismissed.

  • Jurisdiction
  • Wrongful dismissal
  • Sexual harassment
  • Defamation
  • Alternative remedies
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Labour law 20040714 TZCA Mwanza

20040714 TZCA Mwanza

The Court of Appeal granted a conditional stay of execution, ordering the decretal sum to be deposited in court pending the intended appeal.

  • Stay of execution
  • Wrongful dismissal
  • Appeal process
  • Stay-of-execution
  • Pending-appeal
  • Wrongful-dismissal
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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.