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Tanzania decisions
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The High Court at Mwanza set aside a dismissal for want of prosecution and restored the land appeal, finding sufficient cause, curable service defects, and no irremediable prejudice.
Failure to serve the respondent with the notice of motion and supporting documents within the prescribed fourteen days is a serious violation of Rule 55(1) and renders the application incompetent; therefore, the application must be struck out with costs.
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The High Court granted a temporary injunction preserving disputed estate property pending trial, finding serious issues about service, probate revocation, and estate administration.
The suit was struck out because the plaintiff failed to provide proof that the 90 days notice of intention to sue was served on the Attorney General and the Solicitor General as required by section 6(2) of the Government Proceedings Act.
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The Court found that the Respondent State was aware of the proceedings and had received proper notifications; reasons provided for reopening pleadings and extension of time were insufficient. The Court exercised its discretion to refuse reopening of pleadings and dismissed the request for extension of time.
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The High Court in Mwanza warned an advocate for relying on improper service and reminded parties to use authorized court brokers and process servers.
The High Court struck out a land suit for failure to comply with statutory notice requirements before suing local government authorities.
The application to set aside the ex parte judgment fails because the applicant's exclusion from the hearing was a direct consequence of their failure to file and serve witness statements, not lack of notice of hearing. The applicant's arguments regarding non-service of hearing notices are irrelevant. As for the alleged lack of notice of delivery of judgment, the High Court lacks jurisdiction to declare its own judgment a nullity; such a challenge must be made before a superior court.
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The High Court Labour Division dismissed Lake Oil Limited’s application for extension of time to file revision against a CMA award, finding no sufficient cause for delay.
The petition was served outside the prescribed seven-day period after issuance of summons, and the petitioner failed to file an affidavit explaining the delay as required by Rule 5(3) of the Media Services (Defamation Proceedings) Rules, 2019. The petition is incompetent and must be struck out.
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