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Tanzania decisions
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The High Court allowed an appeal against a garnishee order, holding the magistrate’s court was functus officio after the parties’ settlement was recorded closed.
The applicant was not denied the right to be heard as he was afforded full opportunity to present his case in the prior appeal; the Court is not required to recall parties to address laws or authorities it may rely upon; and the grounds raised by the applicant are not proper grounds for review but rather grounds of appeal, which is not available as the Court of Appeal is the final court.
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The application was filed out of time, nearly three years after the notice of execution, in violation of the mandatory time limit under rule 11(4). The applicant also failed to provide a firm undertaking to furnish security as required by rule 11(5). No sufficient justification was provided to depart from the rules. The preliminary objection is sustained and the application is struck out.
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Order XXXIX rule 19 of the Civil Procedure Code does not apply to appeals struck out for incompetence; the High Court was correct in refusing restoration. However, costs should not have been awarded as the proceedings were not frivolous or vexatious.
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The court cannot grant an order to lift the corporate veil against a government institution or its officers for satisfaction of a debt, as section 16(3) of the Government Proceedings Act expressly prohibits execution or personal liability against government officers for government debts. The applicant's remedy lies in following the statutory procedure for payment after issuance of a certificate of payment.
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The compliance order issued by the Labour Officer was invalid as it was made under the wrong legal provision and without proper authority; the Acting Labour Commissioner was not properly delegated powers to confirm the order; jurisdictional defects are not cured by overriding objective principle; therefore, the proceedings and decision of the High Court are quashed.
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The Court of Appeal dismissed an application to strike out a notice of appeal, holding that the respondent had taken essential steps by requesting and following up on the appeal documents.
The Court of Appeal of Tanzania struck out a notice of appeal after finding the respondents had not taken the required steps to pursue their intended appeal in time.
The Court of Appeal struck out KCB Bank Limited’s stay-of-execution application as time-barred under rule 11(4), holding it was filed too late.
The statutory period of six weeks (42 days) for filing a revision application under section 91(1) of the Employment and Labour Relations Act begins on the date the award is served; thus, the applicant's filing on 16th November 2023 was out of time as the period ended on 15th November 2023.
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