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Tanzania decisions
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The High Court dismissed a second appeal over compensation for tenant improvements, holding the respondent had a cause of action and the lower courts’ findings should stand.
The appeal is incompetent because it was instituted against the respondent in his personal capacity, whereas in the original proceedings he acted as administrator of the estate; only the administrator has locus standi to be sued regarding the estate.
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Proceedings against a non-existent legal entity are a nullity and cannot be enforced; the trial tribunal's decision is quashed as it was incompetent for having a non-existent party.
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The appeal and underlying tribunal proceedings are nullified due to noncompliance with mandatory statutory requirements: failure to issue notice of intention to sue and failure to join the Attorney General as a necessary party, rendering the proceedings incompetent and without jurisdiction.
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The High Court struck out a land suit after finding the plaintiff had sued a non-existent first defendant, Mkokwa Local Government, and the misjoinder was not bona fide.
The application before the District Court was instituted against the wrong party, as the respondent was sued in her personal capacity instead of as administratrix of the estate. This irregularity is fatal and renders the proceedings a nullity.
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The preliminary objections raised by both parties do not meet the threshold of pure points of law, as they require ascertainment of facts or evidence, and the petition is not governed by the Media Service Act, 2016 since the alleged defamation was through social media, not print media.
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The Tribunal substantially complied with locus in quo guidelines, and any minor procedural lapses did not result in prejudice or miscarriage of justice. The appellant failed to prove his legal status as administrator of the estate by not producing a court order or letters of administration; therefore, the respondent was entitled to sue him in his personal capacity.
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The trial court erred in entering judgment on admission as the alleged admission was neither clear nor unequivocal, and the applicant, not being a legal entity, lacked capacity to be sued; thus, the proceedings and orders were a nullity.
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The application is incompetent because the first and second respondents were sued in their personal capacities instead of as administratrixes of the estate, contrary to established legal principles requiring estate administrators to be the proper parties in such disputes.
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