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Tanzania decisions
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The appeal was struck out as incompetent due to incomplete records and fraudulent or non-consensual inclusion of parties, making proper determination impossible.
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The High Court dismissed a petition challenging a 2015 mosque trustees election, holding the dispute was overtaken by events and that internal remedies were not exhausted.
The appeal is incompetent due to discrepancies in party names and case numbers; amendment is not permissible after a preliminary objection is raised and argued.
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Appellant's failure to file written submissions in chief within the prescribed time constituted non-compliance with court orders and is equivalent to failure to prosecute, warranting dismissal of the appeal.
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The High Court extended time to appeal in a land dispute, finding the applicants showed good cause based on illness and related delay in processing the appeal.
The suit was prematurely instituted as the plaintiff failed to serve the Commissioner for Lands with the mandatory 90 days’ statutory notice required by Section 6(2) of the Government Proceedings Act, rendering the suit incompetent.
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The High Court reviewed its earlier order, found an error on the face of the record, sustained the preliminary objection, and struck out the land application.
The appellant's failure to file written submissions within the prescribed time, without seeking extension, constitutes failure to prosecute the appeal, warranting dismissal.
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The plaint did not disclose when the cause of action arose as required by Order VII rule 1(e) of the Civil Procedure Code, rendering the suit incompetent.
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The suit is time barred as the plaintiff became aware of dispossession in 1999 and failed to plead any exemption from limitation; the 12-year limitation period for recovery of land expired, depriving the court of jurisdiction.
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