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Tanzania decisions
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The High Court struck out a reference in execution proceedings, holding it was not properly before the court and that the supporting affidavit was fatally defective.
The subordinate court lacked jurisdiction to entertain the suit and grant interim orders while a petition to revoke the arbitration clause was pending in the High Court, as the contract required disputes to be resolved by arbitration and the High Court had not yet granted leave to proceed in the classical court. The preliminary objections raised by the respondent were without merit.
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The preliminary objections failed because they either did not raise pure points of law or were based on factual issues requiring evidence; the plaint disclosed a cause of action and the procedural irregularity was a clerical error.
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The High Court rejected a plea of autrefois acquit, holding that the earlier case concerned an extract resolution, while this case concerns different minutes.
The High Court struck out a stay application as overtaken by events after it had already stayed related proceedings pending Court of Appeal directions.
The High Court at Mwanza upheld a preliminary objection and dismissed a land application with costs for breaching the scheduling order and abusing court process.
The High Court Land Division overruled preliminary objections that the suit was res judicata and an abuse of process, finding the earlier case had been struck out and the registration issue required evidence.
The appeal was struck out because the application before the District Land and Housing Tribunal was filed incompetently, bypassing the proper appellate process from the Ward Tribunal, amounting to abuse of legal process.
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The court is functus officio after disposing the previous application on merit and lacks jurisdiction to entertain a fresh application for the same relief.
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The Tribunal erred by dismissing the application without affording the appellant the right to be heard, as the appellant's counsel was not given an opportunity to respond to the preliminary objection, violating the rules of natural justice.
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