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Tanzania decisions
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The High Court dismissed a land revision challenge to an execution order, holding that execution is not automatically stayed by appeal and no stay order had been shown.
The Tribunal dismissed the appellant's application without affording her the right to be heard, violating constitutional and procedural rights, rendering the proceedings and dismissal a nullity.
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The High Court allowed a land appeal, quashed the tribunal decisions, and held that eviction and demolition were unlawful because they were based on a non-existent or inapplicable decree.
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 District Court lacked jurisdiction to proceed with the probate matter after the caveat was entered and the estate value exceeded fifteen thousand shillings; all proceedings and orders from that point were null and must be quashed.
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The High Court revised land execution proceedings, nullifying later applications and setting aside a dismissal order for failing to follow Regulation 23 execution procedure.
The Resident Magistrate’s Court acted without jurisdiction by invoking section 220(1) of the Criminal Procedure Act and ordering the committal of the accused to a mental health institution and requiring production of witness statements at the committal stage, as such powers are reserved for the trial court during trial. The proceedings and order dated 21/05/2024 are a nullity and must be quashed and set aside.
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The DLHT wrongly invoked its powers of revision during execution proceedings to nullify the trial tribunal's decision based on non-joinder of parties. Such objections challenge the competency of the decision and should be raised before the trial tribunal or on appeal, not in execution proceedings.
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The High Court allowed a criminal appeal, quashed a theft conviction, set aside the sentence and compensation order, and ordered the appellant’s release.
The Court of Appeal set aside the High Court’s striking out of a land suit and remitted the case, holding that the plaint should have been allowed to be amended.
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