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Tanzania decisions
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The High Court of Tanzania overruled a preliminary objection that the plaint was defective for lack of proper verification, holding the defect was curable by amendment.
Filling Part B of CMA F1, which is reserved for termination of employment disputes, in a dispute concerning breach of contract rendered the referral form defective and the dispute incompetent; thus, the CMA proceedings and award were nullified.
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The appeal was struck out because the Memorandum of Appeal was defective, containing arguments and authorities contrary to mandatory procedural requirements.
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The application is incompetent due to defective pleadings and improper citation of parties; such an application must be struck out, not withdrawn with leave to refile. Costs are not awarded as the application is not frivolous or vexatious.
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Defective signing of CMA F1 by only one complainant without evidence of mandate violates Rule 5(1), (2) and (3) of GN. No. 64 of 2007, rendering all proceedings and award a nullity.
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The High Court struck out a land suit for failure to serve and plead mandatory 90-day notice to government defendants, including the Attorney General and Solicitor General.
The application for extension of time is incurably defective due to its improper title as a Taxation Reference and inconsistent filing dates. Such defects go to the root of the court record and cannot be cured by the overriding objective principle. The application is therefore struck out with costs, with liberty to refile subject to time limitation.
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The High Court allowed a land appeal, holding that a limitation-based preliminary objection failed because the pleadings did not show when the cause of action accrued.
The High Court struck out a company’s land suit after finding no pleaded board resolution authorizing the proceedings, making the plaint defective.
The High Court Labour Division held that a one-letter error in the respondent’s name was a curable clerical defect and allowed amendment; the preliminary objection partly failed.
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