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Tanzania decisions
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The High Court struck out a stay application as overtaken by events after it had already stayed related proceedings pending Court of Appeal directions.
The CMA lacked jurisdiction to proceed with Labour Dispute No. CMA/DSM/KIN/411/2021/51/2022 because the issue of time limitation had already been conclusively determined in a previous dispute between the same parties, and a related appeal was pending before the Court of Appeal. The proceedings and award were therefore nullified for irregularity.
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The Registrar of Titles acted wrongly by rectifying the land register while an appeal was pending before the Court of Appeal; the principle of lis pendens applies, requiring maintenance of status quo until litigation concludes.
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A revision application is incompetent where an appeal on the same subject matter is pending before the court, regardless of whether the applicant was a party to the original proceedings, as parallel proceedings risk conflicting decisions and confusion in the administration of justice.
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The application for temporary injunction fails because there is no pending suit; the suit was already disposed of by the trial tribunal, and the applicant has not satisfied the first condition for grant of temporary injunction.
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The High Court suspended execution proceedings because the judgment debtors had filed a stay application in the Court of Appeal, despite a service dispute.
The High Court Labour Division held that payment of a decretal sum to the respondent’s bank account was contrary to procedure, but endorsed that payment had been made.
The High Court revised and quashed a Resident Magistrate’s Court decision, finding the matter was already tied to a pending appeal and granting the application with costs.
The High Court granted a stay of execution in a land dispute pending appeal, restraining further construction on the disputed land until the appeal is determined.
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