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Tanzania decisions
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The respondent was wrongly sued as he had no legal interest in the disputed land; therefore, the proceedings and judgment of the Tribunal were a nullity and must be quashed.
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The High Court allowed a second appeal, holding that the respondents sued the wrong party and should have challenged the Regional Commissioner’s order by judicial review.
The suit was filed prematurely as the plaintiff failed to exhaust statutory remedies provided under the NSSF Act and Social Security Act before approaching the court; this renders the suit incompetent.
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The application is struck out because the 1st respondent was wrongly sued in her personal capacity instead of the proper legal entity; amendment is not permitted after a preliminary objection is raised.
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The suit is struck out for failure to serve the mandatory 90 days' notice of intention to sue to the 15th and 16th defendants as required by law. This omission renders the suit incompetent and disposes of the matter without need to address other objections.
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The oral loan agreement was between the respondent and Asajile Mbwilo personally, not the appellant company. Payment by company cheque as security or partial repayment does not make the company a party to the oral contract. The respondent sued the wrong party; thus, the appeal succeeds.
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Condonation was improperly granted as the respondent failed to provide reasons for the delay or degree of lateness in the prescribed form, violating mandatory procedural rules. Consequently, the CMA lacked jurisdiction, rendering all subsequent proceedings and the award a nullity.
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The High Court struck out a land appeal after finding the respondent was not the proper party, so the appellant lacked a valid target for the proceedings.
The High Court quashed a CMA ruling that had dismissed a labour claim as time-barred after retrial, holding the fresh filing after lost records was not a new dispute.
Suing a party that is not a legal entity capable of being sued is a fatal defect that renders the application incompetent; the application must be struck out for suing the wrong party.
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