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Tanzania decisions
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The High Court allowed a land appeal and quashed a tribunal decision, holding that the dispute land had not been sufficiently described, making the suit incompetent.
Failure to join the Registrar of Titles, a necessary party implicated in the alleged malpractice and fraud, renders the suit incompetent and incapable of effective adjudication.
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The appellant, being an unregistered financial group, lacks legal personality and cannot sue in its own name. The proceedings in the lower courts were incompetent as the suit was instituted by a non-existent legal entity.
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The failure to properly describe the subject land, including its size and boundaries, rendered the proceedings before the Trial Tribunal null and void as the orders could not be executed.
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The High Court struck out two land suits after ruling that challenges to Tribunal decisions must be brought by revision, not by fresh suit.
The law does not specify a time limit for the validity of a statutory notice under section 106 of the Local Government (Urban Authority) Act No. 8 of 1982; therefore, the notice previously served remains valid and the suit is not incompetent for want of a fresh notice.
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The appeal and the original land application were incompetent as neither party established locus standi or proved distribution of the estate by an administrator; the proceedings and judgment below are nullified and set aside.
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The High Court held that RITA was a government agency for purposes of statutory notice, upheld the preliminary objection, and struck out the suit with costs.
The suit property was not sufficiently described in the pleadings, rendering the application incompetent and preventing determination of ownership or trespass; evidence at variance with pleadings must be ignored.
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The High Court held that the respondent lacked standing to sue under a power of attorney limited to a different case, and declared the District Court proceedings a nullity.
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