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Tanzania decisions
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The Commissioner for Lands was a necessary party as both parties claimed allocation by him, and effective determination of ownership required his participation; failure to join him rendered the trial incompetent.
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The order dismissing the application for temporary injunction was interlocutory and did not finally determine the rights of the parties. Under Section 78(2) of the CPC, such an order is not subject to review. The application for review is incompetent and must be dismissed.
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The applicant, not being a party to the matrimonial proceedings and having no established interest before the District Court, cannot invoke revisionary jurisdiction to challenge the division of property. Ownership disputes over the farm must be adjudicated in a competent land court, not through revision of matrimonial proceedings. The application is not maintainable.
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The High Court dismissed an application to extend time for appeal, holding it was brought under the wrong provision and no sufficient cause for delay was shown.
The applicant wrongly invoked the revisional jurisdiction of the Court of Appeal instead of appealing against the High Court's denial of leave to appeal; the application is incompetent as the proper remedy was to file an appeal, not a revision.
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The Court of Appeal struck out a criminal appeal after finding the notice of appeal fatally defective for misstating the statutory provisions for rape and unnatural offence.
The High Court struck out an application for extension of time to appeal, holding it was brought under the wrong enabling provision and was therefore incompetent.
The High Court dismissed a second appeal in a land dispute, upholding the quashing of Ward Tribunal proceedings for want of pecuniary jurisdiction.
The notice of appeal was incurably defective for failing to state the correct nature of the offence, rendering the appeal incompetent and necessitating its being struck out.
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The Court of Appeal struck out an application for revision, holding that section 4(3) of the Appellate Jurisdiction Act applies only while the High Court is still seized of the matter.
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