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Tanzania decisions
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The High Court of Tanzania overruled a preliminary objection that the plaint was defective for lack of proper verification, holding the defect was curable by amendment.
The High Court at Manyara struck out defective witness statements and dismissed the suit for want of prosecution after finding mandatory procedural rules were breached.
The court held that, despite the delay, the Respondent demonstrated diligence and resilience in pursuing his right to be heard. The overriding objective principle requires the court to prioritize substantive justice over procedural technicalities. Therefore, the Counter Affidavit is accepted as if filed on time, and the matter will proceed on its merits.
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The appeal is incompetent because it was filed while a prior dismissal order by the High Court on the same matter exists; the High Court lacks jurisdiction to entertain another appeal of similar nature after dismissal.
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The High Court struck out a land suit because the plaint did not sufficiently identify the disputed property under Order VII rule 3 of the CPC.
The requirement to apply for joinder as legal representative does not apply where death occurs after hearing but before judgment; the registry naming error is a curable irregularity under the overriding objective principle as it causes no injustice.
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The High Court quashed a land tribunal appeal record for failing to properly substitute a deceased respondent with his administrator, ordering a retrial.
The Court of Appeal struck out a civil appeal as time barred and defective, holding that late filing and party-name discrepancies could not be cured by overriding objectives.
The High Court struck out a labour revision application because the applicant had not filed the mandatory notice to seek revision at CMA before moving the court.
A defective verification clause is a fatal defect that cannot be cured by the overriding objective principle; each paragraph must be individually verified as required by law.
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