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Tanzania decisions
Decisions matching the current search
Due to prolonged delay in appointment of administrator for the deceased’s estate, the court substitutes the petitioner for administration of estates as legal representative and orders amendment of pleadings within three days.
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The prosecution failed to prove the charge of rape beyond reasonable doubt due to inconsistencies, contradictions, unreliable and uncorroborated evidence, and lack of credible witnesses. Circumstantial evidence was insufficient and did not exclude other possibilities. The conviction and sentence could not be sustained.
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Applicant failed to account for inordinate delay in requesting proceedings and did not demonstrate good cause for extension of time; failure to notify parties of ruling date did not amount to illegality or lack of jurisdiction sufficient to warrant extension.
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The High Court allowed the plaintiffs a final opportunity to serve the 2nd defendant, holding that a pending stay had hindered service and justice favored re-service.
The High Court refused to extend time for filing written submissions, holding that the applicant failed to account for the delay or show sufficient cause.
The Land Division refused leave to amend a written statement of defence after hearing had begun, finding the change would introduce new facts, cause delay, and prejudice the respondent.
The respondent took essential steps to institute an appeal by requesting certified proceedings within prescribed time; failure to supply proceedings was due to Registrar's inaction, not respondent's fault. Therefore, the application to strike out the notice of appeal is not merited.
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The Court of Appeal of Tanzania refused to strike out a notice of appeal, holding that the respondent had applied for the needed proceedings and the delay lay with the Registry.
The High Court refused leave to amend pleadings and depart from a scheduling order, finding the proposed forensic-report amendment would prejudice the respondent and delay trial.
There is no statutory requirement for a party to follow up with the Registry after requesting proceedings; therefore, failure to do so does not justify striking out the notice of appeal.
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