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Tanzania decisions
Decisions matching the current search
Plaintiff/Defendant failed to provide sufficient and credible reasons for delay; mandatory procedural law prevails over oxygen principle; ex parte hearing of counter claim granted.
Source excerpt
The High Court held that the counter claim was res judicata because it sought to relitigate ownership and occupation of land already decided in Civil Case No. 72 of 1994.
The High Court stayed this commercial suit as res sub judice to an earlier land case pending appeal at the Court of Appeal of Tanzania.
The High Court dismissed Riziki Habibu’s land claim and upheld Ruth Shija’s counterclaim, finding the alleged sale from a deceased vendor void and title unproved.
The High Court of Tanzania struck out a counterclaim after finding that a stranger had been joined as a plaintiff, and that no bona fide mistake justified amendment.
The High Court dismissed an application to set aside a dismissal order after the applicants failed to appear for hearing without sufficient cause.
Expunging admitted exhibits at the judgment stage without hearing the parties violates the fundamental right to be heard and renders the judgment incompetent; the trial court also failed to expressly determine the counter claim.
Source excerpt
The High Court upheld a bank auction sale of mortgaged land, found the plaintiff to be the lawful owner after registration, dismissed the counterclaim, and ordered vacant possession.
The High Court allowed a land appeal, set aside a tribunal judgment, and held that an unstamped lease could not be relied on to fix rent obligations.
The High Court’s Land Division dismissed the plaintiffs’ land claim and upheld Nicodemus Yohana Nyamajeje’s title, granting the counterclaim and related orders.
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