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Tanzania decisions
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The application is incompetent for lack of affidavit by the 4th applicant, a mandatory procedural requirement under Rule 49(1), and overriding objective cannot cure this defect.
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Rule 4(2) cannot be invoked where rule 11 specifically provides for stay of execution pending appeal; since the applicants failed to comply with rule 11, the application is incompetent and must be dismissed.
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The High Court erred by issuing orders affecting the Registrar of Companies without affording her the right to be heard, violating the principles of natural justice and constitutional right to a fair hearing. The Registrar was a necessary party, and the proceedings and orders are null and void for this defect.
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The High Court upheld a preliminary objection and struck out the plaint for failing to state the value of the subject matter as required by Order VII Rule 1(i) CPC.
A company may institute proceedings through its secretary, director, or principal officer without a board resolution, but where an advocate signs and files pleadings, a board resolution is mandatory. The absence of such authorisation renders the proceedings incompetent.
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The High Court at Tabora sustained a preliminary objection and struck out the applicant’s land application, holding the amended affidavit was filed without leave.
The suit was struck out as incompetent due to the plaint being improperly signed and verified by a natural person as principal officer, which is a mandatory procedural defect not curable by amendment or the overriding objective principle.
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The respondent was served with a clear and lawful injunctive order and willfully disobeyed it by tabling and deliberating applicants’ disciplinary measures at the General Meeting, constituting civil contempt. However, penal sanctions against Maganga Moses Japhet cannot be imposed as he was not impleaded and thus not afforded the right to be heard. Nullification of the meeting’s resolutions and reinstatement of applicants cannot be granted as it would convert a temporary injunction into a permanent one. A fine is imposed on the respondent for contempt.
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The High Court dismissed I&M Bank’s application to set aside interim orders, finding no proved fraud or duty on the 1st respondent to disclose the rental assignment.
The applicant demonstrated intention to sue the government and took steps to do so, and the facts show triable issues and risk of irreparable loss if relief is denied. The application for injunction is justified and allowed.
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