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Tanzania decisions
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The High Court dismissed an objection to sale in execution, holding that the applicant was a party to the consent decree and could not stop attachment of his property.
The High Court at Sumbawanga dismissed the plaint as time-barred, holding that limitation goes to jurisdiction and requires dismissal, not striking out.
The High Court partly allowed a probate appeal, restoring two administrators and setting aside post-appointment objection proceedings for lack of proved authority.
The suit land was not properly described in the application before the trial tribunal, rendering the proceedings incompetent and the resulting orders inoperative.
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The High Court dismissed a land appeal over a disputed 3-acre parcel, holding the appellant had not proved lawful allocation and that clan leaders lacked authority to distribute estate land.
The sale of the disputed property occurred before any administrator was appointed; thus, the sellers were executors of their own wrong. However, the sale was agreed to by the majority of heirs, including the appellant, and the fourth respondent purchased in good faith. The appellant had locus standi as she attached letters of administration to her application. The fourth respondent is a bona fide purchaser for value, and the appeal lacks merit.
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The High Court struck out a reference in execution proceedings, holding it was not properly before the court and that the supporting affidavit was fatally defective.
The High Court held that the respondents’ preliminary objection notice lacked sufficient particulars and allowed them to amend it by 14 March 2025.
Failure to join necessary parties, specifically the Conservation Commissioner, Tanzania Wildlife Management Authority (TAWA), and non-compliance with statutory notice requirements under section 6(2) of the Government Proceedings Act, renders the application incompetent. Misjoinder and non-joinder rules do not cure omission of necessary parties. Applicants lack locus standi as only the Village Council can represent village land. Application is struck out.
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The High Court at Mwanza dismissed an application for contempt-like relief, holding that the applicants lacked locus standi because the appointed receivers were the proper parties.
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