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Tanzania decisions
Decisions matching the current search
The High Court at Mwanza dismissed an application for contempt-like relief, holding that the applicants lacked locus standi because the appointed receivers were the proper parties.
The appellant provided a satisfactory and sufficient reason for failing to file written submissions on time due to incomplete trial court proceedings, and the court exercised its discretion to allow filing out of time.
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Appellant's written submissions and payment of fees were made after the court-ordered deadline; failure to comply with court orders and time bar results in dismissal for want of prosecution.
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The High Court allowed a land appeal, holding that execution of the tribunal decree was irregular and that the tribunal should appoint a new court broker.
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 High Court of Tanzania’s Land Division overruled a preliminary objection challenging a joint defence to a counterclaim, finding it unmerited and raised in bad faith.
The plaintiff amended the plaint beyond the scope of the court's order, including adding a new party and new claims, which contravened Order VI Rule 17 of the Civil Procedure Code. The amendment was not limited to correcting addresses as prayed and allowed. The amended plaint and the suit are struck out as untenable.
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The Court of Appeal overruled TANROADS’ case-management objections, holding the refiling after withdrawal was proper and the challenge to the Deputy Registrar’s order was procedurally misdirected.
The applicants failed to provide a credible and admissible explanation for the delay in filing the amended record of appeal, as their supporting affidavit was replete with hearsay and lacked necessary corroboration. The applicants' inaction and reliance on being notified by the registry were unreasonable, and no justifiable grounds for extension of time were established.
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The Answer to the Amended Petition and the Cross Petition must be accompanied by affidavits verifying their contents; failure to do so renders them without evidential value, and the Respondent must be allowed time to file the required affidavits to ensure substantive justice.
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