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Tanzania decisions
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The High Court dismissed a land appeal, holding the Minister’s extension of time was case-specific and did not cover the application filed.
The application is fatally defective because the 1st respondent named was not a party to the original proceedings, and such a defect is not curable by amendment or substitution as it goes to the root of the matter. The only remedy is to strike out the application to allow the applicant to sue the proper party.
Source excerpt
The appellant's counterclaim was properly dismissed for want of prosecution as she failed to substantiate her claim despite being given an opportunity. The addition of 'Board' in the respondent's name was a material error, making the attachment of property improper since the respondent was not a party to the original suit. The award of TZS 20,000,000 to the appellant was unjustified and based on sympathy, not evidence or law. The respondent failed to prove entitlement to general damages as there was no evidence of loss or deprivation of property use.
Source excerpt
A decree cannot be executed against a company that was not a party to the arbitration proceedings or the decree. The names Ametan Contractors Limited and Ametan Contractors Company Limited are not interchangeable, and the latter is a stranger to the proceedings. Execution against a stranger is not permissible.
Source excerpt
The court declined immediate judgment on admission because the defendant’s name was disputed. The plaintiff had to rectify the party name first.
The Court of Appeal struck out an appeal because the appellant failed to identify the correct respondent company, making the proceedings incompetent.
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