Tanzania Case Law

LEONARD SATU MASHABARA

Court

TANZLII

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.

Source excerpt

• Revision jurisdiction
• Locus standi
• Proper parties
• Preliminary objections
• Procedural irregularities

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Judgment Tindichebwa

Court

TANZLII

The High Court allowed a land appeal, quashing the tribunal’s decision for inadequate land description and unexplained removal of parties.

• Locus standi
• Description of suit land
• Proper parties
• Evaluation of evidence
• Procedural irregularities
• Land-law

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LABOUR APPEAL NO 9547 OF 2024 EDWARD A GWINO VRS TANZANIA BREWERIES LIMITED

Court

TANZLII

The appeal is incompetent due to uncertainty and lack of proof regarding the identity and party status of the appellants in the original proceedings and Reference No. 60A of 2008. The underlying proceedings were a nullity for failure to comply with statutory requirements regarding proper institution and party identification. No appeal can arise from such null proceedings.

Source excerpt

• Retrenchment
• Locus standi
• Proper parties
• Appeal competence
• Nullity of proceedings

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Manus Dei Sec

Court

TANZLII

Since the applicant lacks locus standi to sue or be sued, the proceedings before the Commission for Mediation and Arbitration and the resultant award are a nullity and must be quashed; consequently, the revision application before the High Court is incompetent and is struck out.

Source excerpt

• Locus standi
• Proper parties
• Nullity of proceedings
• Employment termination
• Labour dispute revision

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FINAL

Court

TANZLII

The application was incurably defective for not being signed by the applicant as required by Rule 24(2) of the Labour Court Rules, and for failing to properly name all parties as required by Rule 24(3)(a). The defects go to the root of the application and render it incompetent. Leave to refile was not granted due to the nature of the defects and the risk of futile execution.

Source excerpt

• Defective application
• Signing of pleadings
• Verification clause
• Proper parties
• Labour court rules

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Judgement Land Appeal No

Court

TANZLII

The tribunal erred by allowing the respondents to depart from their pleadings, failed to join a necessary party (Metilda Vicent Rimoy), and granted reliefs not sought in the pleadings, resulting in a fatal irregularity that nullified the proceedings.

Source excerpt

• Pleadings
• Joinder of parties
• Reliefs
• Estate administration
• Proper parties
• Natural justice

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attorney general vs mwajuma ngoma as administratrix of the estate of the late harub ngoma juma ngoma mwalimu ally ngoma masudi ngoma 2 others 2023 tzhclandd 17293 21 n

Court

TANZLII

The Tribunal granted reliefs not specifically prayed for, including declaration of lawful ownership and compensation at current market value, contrary to established legal principles. The District Executive Director was wrongly impleaded instead of Bagamoyo District Council, rendering execution problematic. The respondent admitted to having received compensation, yet the Tribunal erroneously found otherwise. The Attorney General was entitled to intervene to protect public interest and government property. These irregularities rendered the proceedings, judgment, and subsequent orders null and…

Source excerpt

• Revision
• Compensation
• Proper parties
• Public interest
• Execution of decree

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epimael nko vs frida malya 2022 tzhc 15580 30 november 2022

Court

TZHC

The High Court granted leave to appeal to the Court of Appeal on arguable issues of law, especially jurisdiction, but refused one new ground and ordered each party to bear its own costs.

• Leave to appeal
• Jurisdiction
• Trespass to land
• Title to land
• Proper parties
• Leave-to-appeal

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lawrence surumbu tara vs goodluck beda ndaweka and 2 others 2022 tzhc 14716 17 november 2022

Court

TZHC

The High Court dismissed preliminary objections in a judicial review leave application over closure of a veterinary shop, finding the objections raised factual issues.

• Exhaustion of remedies
• Proper parties
• Preliminary objections
• Veterinary regulation
• Judicial-review
• Preliminary-objections

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shomari skidunda others vs khalsa sports club punjab 2022 tzhcld 39 28 february 2022

Court

TANZLII

The High Court struck out an application for extension of time because only one applicant was named and signed the affidavit, with no proof he represented the others.

• Extension of time
• Competence of application
• Affidavit requirements
• Proper parties
• Competence-of-application
• Affidavit-requirements

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