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Tanzania decisions
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The High Court of Tanzania, Land Division overruled preliminary objections to an application to set aside an ex parte land order, awarding costs against the respondent.
The High Court granted extension of time after finding the applicant’s sickness and efforts to obtain legal representation were sufficient reasons for delay.
The High Court Labour Division dismissed an application to set aside an order made in the applicant’s absence, holding that no sufficient reason was shown for the nonappearance.
The dismissal of Application No. 603 of 2018 was improper as it occurred while Misc. Application No. 379 of 2022 was pending, contrary to the practice of staying main proceedings pending determination of interlocutory matters. The confusion and procedural irregularity justified nullification of the proceedings and setting aside of the dismissal order.
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The High Court struck out an application to revise a Deputy Registrar’s execution order, holding it lacked jurisdiction to revise such orders.
The preliminary objection that the 2nd applicant lacks locus standi is devoid of merit; interested persons not party to the original proceedings may seek revision. Objections not raised in pleadings cannot be entertained.
Source excerpt
The High Court struck out an application for extension of time to seek revision, holding the proper remedy was to apply to set aside the ex parte order at the tribunal.
The District Court's failure to afford the parties an opportunity to be heard on decisive issues raised suo motu constituted a breach of the fundamental right to be heard, rendering the revisional proceedings and ensuing orders void.
Source excerpt
The High Court dismissed an application for extension of time, finding the applicant failed to prove lack of service or any good and sufficient cause.
The High Court quashed DLHT orders issued in a matter later found to be outside the tribunal’s jurisdiction, and halted enforcement. It declined to revise costs.
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