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Tanzania decisions
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The High Court of Tanzania partly rectified a withdrawal order, correcting the case title error but refusing to insert leave to refile under section 96.
The Court held that, in the absence of a prescribed form for notice of withdrawal and in line with previous authority, it is permissible to allow informal withdrawal of a labour matter with leave to refile, applying Rule 55(1) and (2) of the Labour Court Rules.
Source excerpt
The High Court struck out a bank’s suit as incompetent because it had been refiled after withdrawal without express leave to refile under Order XXIII Rule 1(3).
The High Court held that leave to refile a withdrawn reference does not waive limitation periods. The application was time barred and dismissed with costs.
The High Court struck out a commercial suit, holding that the plaintiff had withdrawn an earlier similar case without leave to refile, making the new suit unmaintainable.
The High Court held that the land suit was barred because the plaintiff had earlier withdrawn a related tribunal application without leave to refile.
The High Court allowed an appeal against withdrawal of a fully heard civil suit at judgment stage, set aside the lower court orders, and awarded costs.
The High Court allowed withdrawal of a land suit with leave to refile, holding the boundary-document problem could justify a fresh case, but costs were awarded to the defendants.
The Labour Division allowed an oral withdrawal of the application, marked it withdrawn with no costs, and granted the applicant 14 days to refile.
The High Court Commercial Division marked a commercial reference withdrawn at the applicant’s instance and declined to grant leave to refile, with no order as to costs.
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