cropped-SARC-Law-Chambers-LOGO.jpeg

SARC Digested Cases

Access professionally prepared digests of leading Tanzanian court decisions covering Taxation, Commercial Law, Employment Law, Land Law, Constitutional Law, Company Law, Banking Law, Criminal Law and Civil Litigation. Each digest presents concise legal principles, facts, issues, court reasoning and practical implications for advocates, judges, magistrates, students, researchers, accountants, tax consultants and corporate executives.

Search Digested Cases

2015 Digested Cases

Professionally prepared digests of leading Tanzanian court decisions delivered in 2015. Browse by case name, area of law, court, judge, citation or keywords.

Commissioner General TRA vs. Rodgers Mhina & Another

TZS 10,000
Area of Law
Civil Procedure; Appellate Practice
Court
Court of Appeal of Tanzania
Year
2015
Citation
Civil Application No. 135 of 2014
Judge
Luanda, J.A.
Keywords
Extension of Time, Restoration of Appeal, Defective Affidavit, Source of Information, Rule 10, Rule 112

Summary

The application sought extension of time to file an application for restoration of an appeal that had been dismissed for failure to appear. The Court examined whether sufficient cause had been established and whether the supporting affidavit was legally competent.

Commissioner General (TRA) vs. Archipelago Investment Limited

TZS 10,000
Area of Law
Tax Litigation; Appellate Practice; Civil Procedure
Court
Court of Appeal of Tanzania
Year
2015
Citation
Civil Appeal No. 1 of 2009
Judges
Luanda, J.A.
Mjasiri, J.A.
Mmilla, J.A.
Keywords
Unsigned Order, Tribunal Members, Rule 17(3), Mandatory Signatures, Incompetent Appeal

Summary

The Court considered whether an appeal could proceed where the order of the Tax Revenue Appeals Tribunal had not been signed by all members as required by law. The Court reaffirmed that compliance with Rule 17(3) is mandatory and that an appeal founded on an unsigned Tribunal order is incompetent.