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Tanzania decisions
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The amended plaint introduced a new property, constituting a new case, for which the government had not been served with the requisite 90 days' notice. This renders the suit premature and untenable in law.
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A Tanzanian Commercial Division ruling struck out a suit as premature because the dispute had not first been referred to arbitration under the contract.
The High Court struck out Mekons Energy Limited’s commercial suit as prematurely filed, because the land dispute underlying the claim was still pending on appeal.
The counter claim is not res sub judice because the parties and reliefs in the pending Civil Appeal No. 100 of 2020 are not the same as those in the counter claim, and other referenced proceedings have been finalized. The counter claim is also not premature as no condition precedent remains unfulfilled. The preliminary objection is without basis and is overruled.
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A suit by a third party challenging attachment of property in execution of a decree is premature unless objectional proceedings under Order XXI Rule 57 CPC have been determined on merit.
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The High Court struck out an application for leave to sue a specified public corporation, holding it was premature because the applicant had not first proved the claim as required by law.
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