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Tanzania decisions
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Failure to involve all parties in ward tribunal mediation renders the suit incompetent for want of proper certificate; withdrawal of counter claim without leave to refile precludes instituting a fresh suit on the same subject matter; both are jurisdictional defects justifying dismissal and striking out of the suit as appropriate.
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The mediator's report was not a reasoned opinion as required by Clause 20.2 of the Arbitration Agreement; therefore, the arbitrator lacked jurisdiction to entertain the dispute, rendering the award improperly procured. The High Court was correct to set aside the award and order re-arbitration after proper mediation.
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The District Land and Housing Tribunal lacked jurisdiction to determine the matter as there was no valid certificate of failure of mediation from the Ward Tribunal in a land dispute, rendering the proceedings, judgment, and orders a nullity.
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The Tribunal's proceedings, judgment, and decree are a nullity due to failure to join necessary parties, denial of the applicant's right to be heard, and lack of jurisdiction as the mediation certificate did not involve the actual parties to the dispute, contrary to mandatory statutory requirements.
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