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Tanzania decisions
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The High Court Land Division held that a defective power of attorney could not authorize a donee to testify for the defendant, and the objection was upheld.
The District Court erred by raising issues not pleaded, misapplying the law on necessary parties, and failing to provide reasons for its decision; the company was the proper party to be sued, and the original judgment should be restored.
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The appellant was denied her right to be heard and to legal representation as the primary court failed to transfer the case to the district court upon receipt of the advocate's engagement letter, thereby infringing her constitutional right to a fair hearing and rendering the lower court proceedings a nullity.
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The application is incompetent as the three named applicants purported to represent 61 others without obtaining or proving leave of the court as required by Rule 44(2) of the Labour Court Rules. The court also lacks jurisdiction to entertain an application for certification of point of law as such certification is not required for appeal from the Labour Court.
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The Labour Division struck out a revision application because the notice of application was not properly signed by all applicants and leave to represent others had not been obtained.
The court upheld a preliminary objection and struck out an application for extension of time, finding mandatory procedural defects could not be cured by overriding objective principles.
Appeal before District Court was filed out of time without leave, representation by Mohamed Salum for other respondents lacked documentary proof, and lower courts' proceedings were tainted by procedural irregularities; decisions and proceedings of both lower courts are nullified and set aside.
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The application was signed by an advocate who is not a party, contrary to Regulation 24(2) of the Labour Court Rules GN No 106 of 2007, rendering the application incompetent and warranting its striking out.
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The High Court dismissed a civil suit as a nullity because it was filed by an unqualified person without leave to represent the plaintiff.
The application was struck out due to lack of proper representation and a defective affidavit, as the procedural requirements for representation and affidavit wording were not met. The objection regarding citation of non-existent legal provisions was dismissed as the cited provisions were found to be correct.
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