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Tanzania decisions
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The High Court allowed an appeal against dismissal of a civil suit for non-appearance, holding the case had been fixed for mention rather than hearing and restoring the suit for trial.
The High Court set aside a tribunal’s execution orders because no decree existed after the underlying land application had been struck out.
The Ward Tribunal lacked jurisdiction to adjudicate the dispute after the amendment of the Land Disputes Courts Act, and its decision, as well as the District Land and Housing Tribunal's decision on appeal, are nullities. Proceedings and decisions of both tribunals are quashed and set aside.
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The appeal was dismissed because the Ward Tribunal successfully mediated the dispute and recorded a consent judgment dividing the land equally, which was binding on the parties. The District Land and Housing Tribunal was correct in striking out the application as there was no certificate of mediation failure, and the appellant did not establish any grounds to set aside the consent order.
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The appeal was dismissed because the Ward Tribunal only mediated as per the amended law, no decision was made requiring a specific coram or jurisdiction, the parties reached a binding settlement, and no appeal or revision lies from such a settlement. The proceedings in the District Land and Housing Tribunal were nullified due to irregularity, and the appeal was dismissed as it emanated from null proceedings.
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The alleged procedural irregularities regarding mediation, powers of attorney, and legal representation did not go to the root of the case, did not occasion miscarriage of justice, and were not violations of mandatory provisions under the Land Disputes Courts Act. The appeal lacks merit and is dismissed.
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The High Court nullified a juvenile custody decision for failure to follow mandatory mediation and social inquiry procedures, and ordered retrial with interim custody to the mother.
The deed of settlement reached by the parties through mediation is lawful and satisfies the requirements of Order XXIII rule 3 of the Civil Procedure Code; it is therefore recorded and adopted as the consent judgment, marking the matter as settled.
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The court adopted the deed of settlement reached through mediation, marking the claims wholly settled and ordering payment as agreed.
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The court held the revision application was premature because no CMA arbitration award had been made, and returned the file to CMA for arbitration.
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