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Tanzania decisions
Decisions matching the current search
Inclusion of a deceased party after abatement and failure to follow mandatory procedures during locus in quo rendered the trial proceedings, judgment, and orders a nullity, making the appeal incompetent.
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The appeal is incompetent because it was instituted against the respondent in his personal capacity, whereas in the original proceedings he acted as administrator of the estate; only the administrator has locus standi to be sued regarding the estate.
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The High Court struck out a civil suit for being brought against the wrong parties, holding that the Land Division and Judiciary Service lacked capacity to be sued.
The High Court granted the applicant 30 days to file a notice of appeal, holding that failure to determine preliminary objections before trial was a material irregularity amounting to illegality.
The Court of Appeal set aside a trial judgment and decree after finding the court had improperly issued a second judgment, creating uncertainty about the parties.
The application and lower court proceedings were incompetent and null because they were instituted by and against a non-existing legal entity, which cannot sue or be sued in law.
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Second appeal in a land dispute dismissed for lack of merit, with the High Court upholding the lower tribunals on jurisdiction, tribunal composition, and joinder.
The respondent was sued in her personal capacity without being appointed as administratrix of the estate of the late Belena Baraka, rendering the proceedings and judgment a nullity for lack of locus standi; thus, the High Court quashed the proceedings and set aside the judgment of the Tribunal.
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The District Executive Director is not a proper party to be sued; the necessary party, the Municipal Council, was not joined, affecting the competence of the application and warranting its striking out.
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The High Court set aside a District Land and Housing Tribunal ruling for wrongly determining an omnibus application without first deciding extension of time separately.
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