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Tanzania decisions
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The court held that it is functus officio regarding the preliminary objection on non-joinder and misjoinder, as these grounds were already determined in a previous ruling which remains valid and binding. The remand from the Court of Appeal did not quash that ruling, and thus the court cannot reopen the same issues.
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The High Court allowed an appeal, holding that the trial court improperly framed issues and misjoined malicious damages and defamation claims.
The suit is time barred as the cause of action arose immediately after the defendant's employment termination on 13th December 2016, and the suit was filed on 5th April 2023, exceeding the six-year limitation period for contractual claims. The court therefore lacks jurisdiction and the suit must be dismissed.
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The Tanzanian court has jurisdiction to entertain the suit for recognition and enforcement of the foreign judgment from UAE by way of action, as there is no reciprocal arrangement; the suit is not bad for misjoinder, and the procedure followed is correct.
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The Court of Appeal quashed a High Court judgment over matrimonial property claims, holding the dispute fell within the exclusive jurisdiction of the Kadhi’s Court.
The plaint was incurably defective due to misjoinder of causes of action, and amendment was not permissible after concession to the preliminary objection; the suit must be struck out with leave to re-file.
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The High Court dismissed a malicious prosecution claim on appeal, holding the trial court had jurisdiction over Tabora matters and that malice and lack of probable cause were not proved.
The High Court struck out a civil suit for misjoinder of causes of action after finding the plaint combined conflicting claims in one action.
The High Court overruled preliminary objections to a counter-claim, holding that a counter-claim need not arise from the same transaction and could proceed.
The High Court partly allowed an appeal over jurisdiction, but upheld dismissal of a malicious prosecution and employment claim for limitation and misjoinder.
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