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Tanzania decisions
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The Taxing Officer acted prematurely in entertaining the taxation cause before the conclusive determination of the main appeal, as the phrase 'costs shall follow the event' requires a final outcome, which was absent since the appeal was struck out without an order for costs.
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The High Court struck out a land appeal as premature, holding that a notice of intention to rectify the register is not itself an appealable decision.
Petition challenging an arbitral award was struck out as prematurely filed, before the award had been filed for recognition and enforcement. Costs were ordered at 50%.
The arbitrator failed to provide adequate reasoning for the conclusion that there was no termination of employment, and did not analyze or answer the issues of fairness of termination and reliefs. The award was quashed and set aside for lack of proper reasoning and analysis.
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The High Court Commercial Division struck out a bank’s loan-recovery suit as premature because the employee’s Labour Division award was still under appeal.
The High Court held that the labour complaint was premature because the fixed-term contract had not yet expired, and a notice of non-renewal did not amount to termination.
The CMA erred in finding the matter was prematurely filed, as the applicant had exhausted internal remedies and the employer's upholding of the disciplinary committee's recommendation constituted termination. The revision court cannot determine substantive and procedural fairness of the termination as these were not addressed by the CMA; the matter must be remitted for hearing on merits.
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The High Court withdrew a civil application as premature because the required lower court attachment order had not been obtained, with liberty to refile later.
The High Court Labour Division dismissed a revision application, holding the workers filed their CMA dispute prematurely and failed to prove final termination decisions.
The suit was filed prematurely as both the plaintiff's claim for loan repayment and the defendant's set-off are contingent on the outcome of a pending appeal before the Court of Appeal. Granting reliefs at this stage would contravene principles of natural justice and equality before the law.
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