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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 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 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 High Court struck out a land appeal filed in the name of a deceased person, holding that only a duly appointed administrator had locus standi.
The preliminary objection is not based on a pure point of law as the date of accrual of cause of action is a question of fact requiring evidence; therefore, the objection cannot be disposed of summarily.
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Refusal to sign transfer documents alone does not constitute a cause of action on land dispute; the plaint failed to state the defendant's status regarding the property and failed to establish a wrongful act by the defendant. The plaintiff's grievances appear directed at the Commissioner for Lands, not the defendant.
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Application struck out for incompetency due to inconsistency in applicant's capacity and failure to seek leave of court for change; procedural requirements not met.
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