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Tanzania decisions
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The High Court nullified CMA proceedings after finding the dispute was filed out of time without valid condonation and that some represented persons had not consented.
The application is incompetent because it is supported by an affidavit sworn by only one applicant, not all applicants or a joint affidavit, and because the identities of the 168 others are not disclosed. These defects are fatal and cannot be cured by procedural principles.
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The High Court granted leave to file an application for extension of time to lodge a notice of appeal in a representative capacity for 53 retrenched workers.
The High Court struck out an out-of-time judicial review leave application, finding no arguable case, unclear reliefs, and that appeal was the proper route.
Petitioners/Interested Parties lacked locus standi as they were not parties to the arbitration agreement or proceedings, and failed to establish a legal right or interest recognized by law to challenge the arbitral award. The Petitions were also fatally defective for non-compliance with mandatory procedural requirements, including failure to annex the arbitration submission and award, and failure to follow representative action procedures. Accordingly, the Petitions were struck out as incompetent.
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An unincorporated association that is not registered has no legal existence and cannot sue or be sued; any proceedings brought by or against such an entity are a nullity and must be struck out.
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