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Tanzania decisions
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The High Court set aside the first appellate court’s judgment, holding that territorial jurisdiction had been found on facts not pleaded or proved in the trial record.
There is no need to join the Commissioner for Lands, Registrar of Titles, or Attorney General as necessary parties because the pleadings do not seek relief against them, nor do they raise issues regarding allocation or registration of the land. The dispute is solely between the plaintiffs and the 1st defendant over entitlement to the suit premises, and the court can adjudicate the matter effectively without the absent parties.
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The High Court struck out a joint judicial review leave application by three former Tanzania Railways employees, holding their separate disciplinary histories created no joint interest.
Both grounds of preliminary objection require investigation of facts and are not pure points of law; therefore, they cannot dispose of the suit at the preliminary stage.
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Section 13(4) of the Land Disputes Courts Act does not require parties joined after initial mediation to undergo mediation before the ward tribunal; striking out the application for lack of mediation involving the joined party was improper.
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The High Court’s Land Division allowed the plaintiffs to withdraw their suit with leave to refile after they said a necessary party, the Registrar of Title, needed to be joined.
The High Court nullified District Court appeal proceedings for failure to join a necessary party, set aside the judgment, and left the Primary Court decision in force.
The suit is unmaintainable for failure to comply with the mandatory requirement of serving a 90 days' notice to all relevant government entities and for failure to join the District Executive Director as a necessary party; the verification of the plaint is incurably defective, and these defects are not curable by the Oxygen principle or provisions on misjoinder/nonjoinder of parties.
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The Tribunal erred by introducing the issue of non-joinder of parties during judgment composition without affording parties the right to be heard, violating principles of natural justice and binding by pleadings.
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The High Court at Kigoma struck out a land suit after finding a defective verification clause and improper joinder of the Commissioner for Lands.
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