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Tanzania decisions
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The District Court lacked jurisdiction to entertain the insurance claim as the law mandates such disputes to be first referred to the Insurance Ombudsman; the trial court's judgment and decree are quashed and set aside.
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Although the High Court's jurisdiction is not expressly ousted, the suit should have been filed in the District Land and Housing Tribunal as the value falls within its pecuniary jurisdiction. The error was detected at the earliest stage, so the suit is struck out to be filed in the proper forum.
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The Land Division struck out a suit seeking refund of purchase money, holding the dispute was not a land matter and the division lacked jurisdiction.
The High Court overruled preliminary objections in a land compensation dispute, holding that it had jurisdiction, the claim was not time-barred, and the Mining Commission was not the proper forum.
Existence of a valid arbitration agreement in Clause 15 of the Purchase Contract requires the dispute to be referred to arbitration under the London Court of International Arbitration; the court retains jurisdiction but must enforce the parties' agreement by referring the matter to arbitration rather than dismissing or staying proceedings.
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The warrant of attachment was erroneously issued while a stay order from the Court of Appeal was in force and pending applications remained undetermined. The proper forum for lifting the warrant is the issuing court. Restoration of attached properties is warranted to maintain status quo until the Court of Appeal resolves the pending matters.
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The High Court struck out a labour revision after agreeing the matter was filed in the wrong forum and jurisdiction had not been properly invoked.
The High Court at Mbeya granted certification for a third appeal, holding that jurisdictional questions on time limitation and wrong forum are points of law.
The High Court dismissed a second land appeal, holding that the dispute was really about probate and estate distribution, not a land ownership claim.
The High Court refused to stay commercial proceedings for arbitration, holding that a later 2019 agreement made the earlier South Africa arbitration clause inoperative.
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