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Tanzania decisions
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The trial tribunal erred by applying the FIFO principle to preliminary objections without first determining the appellant's objection regarding conflict of interest and competence of the respondents' advocate, which should have been heard first due to its nature.
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Omission of the date in the jurat of attestation is a serious deficiency rendering the affidavit incurably defective and the application incompetent, requiring it to be struck out.
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The subordinate court lacked jurisdiction to entertain the suit and grant interim orders while a petition to revoke the arbitration clause was pending in the High Court, as the contract required disputes to be resolved by arbitration and the High Court had not yet granted leave to proceed in the classical court. The preliminary objections raised by the respondent were without merit.
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The petition is struck out as it is vexatious and frivolous; the prayers sought challenge the government's actions in introducing legislation, not the constitutionality of an Act of Parliament, and such redress is unattainable in a constitutional petition. This defect alone is sufficient to dispose of the petition without addressing the remaining preliminary objections.
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The preliminary objections failed because they either did not raise pure points of law or were based on factual issues requiring evidence; the plaint disclosed a cause of action and the procedural irregularity was a clerical error.
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A survey of land does not amount to dispossession or discontinuance; thus, the limitation period did not start in 2003. The plaint contains sufficient particulars to identify the disputed land, satisfying Order VII Rule 3.
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There is no legal requirement to convert claims from USD to Tanzanian Shillings for jurisdictional purposes, and the value of the subject matter was sufficiently stated in the plaint. Both preliminary objections lack merit.
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The affidavit supporting the application was incurably defective as only one applicant swore it without supporting affidavits from the other applicants, rendering the application incompetent.
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The High Court at Mbeya overruled preliminary objections challenging a land plaint for lack of conciseness, legal allegations, and party description.
The application was struck out for being incompetent as it improperly included as respondents parties who were not parties in the original criminal case, contrary to the requirements for revision jurisdiction. Only parties to the original proceedings should be respondents in a revision application; inclusion of strangers renders the application incurably defective.
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