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Tanzania decisions
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Amended application was filed out of time and without leave, thus invalid; amendment was only to language, not substance, so prior WSD remained valid; no error material to merits or injustice shown; revision not merited.
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The affidavit in support of the application was incurably defective because the advocate swore it as if he were the applicant and failed to disclose the source of information in the verification clause; such defects are not curable and render the application incompetent.
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The preliminary objections lack merit as the court is not functus officio, affidavits are not defective, procedural errors in registry nomenclature and language requirements are not fatal, and the e-CMS system supersedes objections based on physical signatures or inconsistent case numbers.
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The application is procedurally defective for lack of proper affidavits and a defective verification clause, and for failure to file Kiswahili translations of English pleadings as required by law. However, these defects are not fatal and may be cured by amendment, in the interest of justice and under the court's discretionary powers.
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The application for review was filed beyond the fourteen-day period granted by the court, as confirmed by eCMS records; therefore, it is time-barred and incompetent.
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Where both parties are international companies using English in their dealings and pleadings, and no prejudice is shown, there is no mandatory requirement to file Kiswahili translations of pleadings under the Rules; objections based solely on language technicalities without showing prejudice or risk to substantive justice will be overruled.
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The High Court allowed a land appeal, held the respondent’s defence was out of time and incompetent, and declared the appellant the lawful owner of the disputed land.
Plaintiffs failed to establish locus standi as they were not named in the prior tribunal judgment, no leave for representative suit was granted, and discrepancies in names cannot be rectified by this court. The absence of clear evidence of representation deprives the court of jurisdiction to entertain the suit.
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