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Tanzania decisions
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The High Court sustained a preliminary objection over an English amended memorandum of appeal filed without a Kiswahili translation, but ordered translation within seven days rather than striking out the appeal.
The omission to file Kiswahili translations of English pleadings in matters involving finance and monetary affairs is not fatal where both parties are represented, all documents are in English, and no prejudice is caused to the defendant. The Commercial Court Rules and the Schedule to GN No. 66 of 2022 permit use of English in such cases.
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Preliminary objections are dismissed because the Power of Attorney was validly executed and certified in England, English is not a foreign language for purposes of the Arbitration Regulations, and electronic filing rules permit scanned documents; none of the objections raised by respondents have merit under Tanzanian law.
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There was no evidence that the applicant's oral contract was permanent. The respondent properly formalised the contract in writing after consultation, and the applicant's refusal to sign was unreasonable. Termination for gross insubordination was fair both substantively and procedurally. The applicant is not entitled to remedies under Section 40 of ELRA.
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Appeal dismissed in a land dispute over a house and plot in Songea. The High Court held the administrator could not validly sell registered property before registering it in his own name.
The High Court struck out a land appeal filed in Kiswahili, holding the matter fell within the English-language exception for land law proceedings.
The High Court upheld most of a matrimonial appeal, confirmed the limited division of property, and increased child maintenance from TZS 50,000 to TZS 80,000.
The court held that the suit falls under the exception in clause (g) of the schedule to GN No. 66/2022, as the relevant laws are not available in Kiswahili, thus English may be used without Swahili translation. The plaint also sufficiently discloses the cause of action, when it arose, and the pecuniary value, thus complies with Order VII Rule 1(e)&(i) of the CPC.
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The High Court set aside lower land tribunal decisions for failure to join a necessary party, lack of locus standi, and a Kiswahili judgment written before the law changed.
Extension of time granted due to credible system challenges and procedural illegality; applicant not at fault for delay or procedural error caused by language barrier and eCMS system.
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