Tanzania Case Law

ATTORNEY GENERAL FINAL

Court

TANZLII

The Plaintiff demonstrated sufficient grounds for withdrawal under Order XXIII Rule 1(2)(b) of the Civil Procedure Code. The failure to effect service within the time directed does not override the Plaintiff's right to withdraw the suit in the peculiar circumstances of this case. The application to strike out the suit is overtaken by events and lacks merit in light of the Plaintiff’s prior and substantiated prayer.

Source excerpt

• Withdrawal of suit
• Service of summons
• Striking out of suit

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DCT VS CCT 2 others

Court

TANZLII

The suit was struck out because the Plaintiff failed to join the Registrar of Titles and Commissioner for Lands, who are necessary parties for the effective determination and enforcement of the reliefs sought. Non-joinder of these parties rendered the suit incurably defective and incompetent. The court declined to grant leave to withdraw and refile, holding that the defect was fundamental, not merely formal, and thus the proper remedy was to strike out the suit with costs.

Source excerpt

• Non-joinder of necessary parties
• Withdrawal of suit
• Striking out of suit
• Land ownership dispute

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national bureau of statistics vs the national bank of commerce another 2021 tzca 201 18 may 2021

Court

TZCA

Striking out a suit due to expiry of a speed track is not authorized by the Civil Procedure Code; the trial court should instead impose costs on the party responsible for delay and proceed to hear the suit on its merits.

Source excerpt

• Speed track system
• Striking out of suit
• Order viiia civil procedure code
• Case management
• Costs for delay

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20160609 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal quashed the High Court’s striking out of a suit and dismissal of review, holding the pleadings defect was amendable and jurisdiction lay.

• Striking out of suit
• Statement of value
• Court jurisdiction
• Amendment of pleadings
• Review applications
• Limitation law

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20150730 TZHC Mbeya

Court

TZHC

The High Court struck out the appeal as premature, holding that locus standi turned on an unascertained constitutional issue about the appellant’s Director post.

• Locus standi
• Preliminary objection
• Striking out of suit
• Locus-standi
• Preliminary-objection
• Land-appeals

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20050303 TZCA Dar es Salaam

Court

TZCA

The Court of Appeal held that a suit subject to section 8 CPC should have been stayed, not struck out, and allowed the appeal with costs.

• Stay of proceedings
• Striking out of suit
• Pendency of suit
• Section 8 civil procedure code
• Stay-of-proceedings
• Striking-out-of-suit

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