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Tanzania decisions
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The suit was struck out because the plaintiff failed to provide proof that the 90 days notice of intention to sue was served on the Attorney General and the Solicitor General as required by section 6(2) of the Government Proceedings Act.
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The suit was prematurely instituted as the plaintiff failed to provide proof of service of the mandatory 90 days' notice to the 2nd, 3rd, and 7th defendants as required by section 6(2) of the Government Proceedings Act; absence of a receiving stamp, signature, or date of receipt on the notice attached to the plaint rendered the suit incompetent.
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The High Court appointed the Administrator General to administer the intestate estate of Michael Mwananshoma Madeleka after finding statutory compliance and no objections.
The High Court granted letters of administration with will annexed after finding the petitioners had complied with all statutory requirements and no caveat was filed.
The respondent's affidavit in reply was incurably defective for failing to state the date as required by law, leaving the applicant's affidavit unchallenged. The applicant demonstrated good cause for the delay, as the delay was due to circumstances beyond its control, specifically the late supply of a proper decree and necessary documents from the Tribunal.
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The High Court held that the accused’s caution statement was admissible, finding no fatal breach of the Criminal Procedure Act despite objections on procedure and warning.
The jurat of attestation in the affidavit complied with Section 8 of the Notaries Public and Commissioner for Oaths Act Cap 12 by stating the place and date of attestation. The omission of the word 'Truly' does not render the affidavit incurably defective. The preliminary objection does not raise a pure point of law and is dismissed for lack of merit.
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The High Court quashed a land tribunal decision after finding the chairman failed to properly record assessors’ opinions, rendering the proceedings a nullity.
The Court overruled a preliminary objection based on EALA privilege rules, holding it was premature to bar the applicant’s oral evidence and that a summoned Clerk had to comply with the Court order.
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