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Tanzania decisions
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The tribunal erred in law by failing to declare the appellant the rightful owner despite her certificate of title, exceeded its jurisdiction by ordering an exchange of plots not sought by the parties, and awarded inadequate general damages. The appeal is meritorious and the tribunal's decision is set aside.
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The application for maintenance of status quo was denied because the petitioner failed to provide any factual or documentary evidence to substantiate the alleged change in shareholding or imminent danger. The court held that oral submissions without evidence are insufficient to justify interim relief, and that the procedural objections raised by the respondent were unfounded, but the substantive requirement of evidence was not met.
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The High Court revised a CMA ruling that struck out a time-barred labour claim, holding that the proper course was to dismiss it. Procedural objections were found non-fatal.
The High Court dismissed an objection to additional documentary evidence, holding that admissibility had already been decided and certification issues could be addressed later.
The High Court dismissed a civil appeal after upholding preliminary objections that it was incompetent and time barred.
The application is barred by res judicata as previous applications for stay of execution involving the same parties and relief were dismissed on their merits. Refiling without setting aside or appealing the dismissal constitutes an abuse of court process.
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The appeal is incompetent as it seeks to challenge an execution order, which is not appealable under section 74 of the Civil Procedure Code. The proper remedy was review or revision, not appeal. The substantive issues raised should have been addressed in the main suit or its appeal, not at the execution stage.
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The Court of Appeal held that CRDB Bank could retain security documents because of personal guarantees tied to an outstanding loan, and set aside damages for loss of business opportunity.
The application was filed out of time as the order was extracted on 30th May 2017; section 19(2) does not apply since the order was available on the extraction date. No leave was sought for late filing, so the application must be dismissed under section 3 of the Law of Limitation Act.
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The High Court overruled a preliminary objection to a criminal appeal, holding that a misspelt notice of appeal was curable and did not make the appeal incompetent.
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