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Tanzania decisions
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The High Court struck out a land revision application as incompetent because the supporting affidavits were fatally defective, containing hearsay and undisclosed sources.
The District Court erred by disposing of the revision without affording the parties the right to be heard on issues raised in their pleadings, violating the fundamental right to be heard and rendering the proceedings and resultant orders a nullity.
Source excerpt
The High Court struck out an application to stay execution after dismissing the related revision application, awarding costs against the applicant.
The High Court refused to extend time to lodge a notice of appeal, holding that the applicant did not account for the full delay after withdrawing a revision application.
The High Court allowed a probate appeal, holding that the district court wrongly dismissed a revision for want of prosecution while a preliminary objection was pending.
The High Court dismissed an appeal over matrimonial property division, holding that the house was properly treated as matrimonial property and the reconciliation certificate was sufficient.
The court is not functus officio as the previous appeal was dismissed for being time barred and not determined on merit. The High Court lacks jurisdiction to revise Ward Tribunal decisions directly, but has jurisdiction to revise decisions of the District Land and Housing Tribunal, which by extension may include records from the Ward Tribunal when the matter has passed through the DLHT.
Source excerpt
The High Court allowed a land appeal, holding that amendments to the Land Disputes Courts Act operated prospectively and did not invalidate an earlier ward tribunal decision.
The application was incompetent as it was filed by memorandum of revision instead of chamber summons supported by affidavit, contravening Order XLIII rule 2 of the Civil Procedure Code.
Source excerpt
High Court land revision application dismissed as time-barred after the court held it was filed outside the 60-day limit without leave.
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