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Tanzania decisions
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The bill of costs was filed 22 days after the expiry of the prescribed 60-day period without leave, rendering the tribunal without jurisdiction to tax it; thus, the proceedings and ruling were a nullity.
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The Tribunal correctly declined to order attachment and sale of the motor vehicle for a balance of Tshs 400,000/=, as such a small amount does not warrant such action. The appeal was lodged without sufficient grounds and in bad faith.
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Failure to join Temeke Municipal Council, a necessary party, rendered the proceedings and judgment of the trial Tribunal incompetent as no effective decree could be passed in its absence. The matter should have been struck out to allow proper constitution of parties.
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A pending notice of appeal does not bar the Tribunal from entertaining taxation proceedings; the preliminary objection was considered and overruled as the applicant had not filed for a stay of proceedings.
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The trial tribunal exceeded its jurisdiction by granting orders not prayed for and based its decision on extraneous matters not contained in the affidavits, rendering the decision unsustainable.
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The Court held that the Applicant's claim of excessiveness in execution was not supported by the pleadings, which clearly stated the disputed land was four acres. The execution order adhered to the decree as presented in the pleadings, and there was no substantive basis for the Applicant's challenge.
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The High Court allowed a land appeal, quashed a tribunal ruling, and remitted the matter for a fresh ruling after the parties are heard on competence.
The High Court dismissed a land appeal, upholding findings that the respondents proved title by inheritance and sale, while the appellants failed to prove ownership.
The High Court held that 2020 amendments to Tanzania’s Government Proceedings Act did not retrospectively apply to a land dispute already underway.
The High Court nullified a land tribunal appeal record for fatal procedural irregularities, including missing signatures, unrecorded assessors’ opinions, and an unexplained change of chairman.
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