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Tanzania decisions
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The affidavit was properly dated and signed, thus not incurably defective. The error in the court title is minor and does not affect the substance of the application; amendment is allowed to cure the defect.
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The High Court dismissed an application for extension of time to appeal, holding it was not properly before the court and that alleged lost records were unproven.
The trial Tribunal erred in striking out the application solely for failure to attach letters of administration to the amended application, as the 1st applicant's status as administrator was not in dispute and the omission was curable; further, the Tribunal failed to determine the locus standi of the 2nd and 3rd applicants, whose claims required evidentiary proof and could not be disposed of as a pure point of law.
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The Court of Appeal dismissed a reference challenging refusal to extend time for a second-bite leave-to-appeal application, finding no good cause for delay.
Minor procedural errors in naming and coram disclosure do not vitiate proceedings unless they occasion a failure of justice; the Ward Tribunal was properly constituted and had jurisdiction.
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The Court of Appeal of Tanzania granted an application to extend time to file a notice of appeal, finding the delay justified by prior proceedings and court filing issues.
Where both parties are international companies using English in their dealings and pleadings, and no prejudice is shown, there is no mandatory requirement to file Kiswahili translations of pleadings under the Rules; objections based solely on language technicalities without showing prejudice or risk to substantive justice will be overruled.
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The High Court granted extension of time for a labour revision, holding the applicant should not be punished for his advocates’ defective filings and that the dispute should be heard on merit.
The High Court held that a wrongly cited provision for an additional list of documents was not fatal, because the document was filed and served before the first hearing.
The High Court’s Land Division struck out a land appeal after finding the underlying applications had been struck out, so the proper remedy was to refile.
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