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Tanzania decisions
Decisions matching the current search
The appeal was filed out of time and section 3(1) of the Law of Limitation Act mandates dismissal of such proceedings; the 1st appellate court acted in accordance with the law.
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The High Court granted extension of time, holding that an erroneous dismissal on preliminary objection amounted to illegality sufficient to justify the application.
The application was filed outside the 42-day limitation period prescribed by law. The court, lacking jurisdiction over time-barred matters, must dismiss rather than strike out the application.
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The only remedy for proceedings instituted beyond the prescribed time limitation is dismissal, not striking out, as mandated by section 3(1) of the Law of Limitation Act and affirmed by the Apex Court.
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High Court land appeal on locus standi and procedure. The court held the application should have been struck out, not dismissed, and made no order as to costs.
The High Court allowed a land appeal, holding the tribunal lacked jurisdiction over a criminal-type claim and should have struck out the application, not dismissed it.
The High Court held that lack of clear property description warranted striking out, not dismissal, but upheld refusal to permit amendment after evidence had begun.
Since Matrimonial Petition No. 14 of 2020 was dismissed, not struck out, the doctrine of res judicata applies, barring the subsequent Matrimonial Cause No. 166 of 2022; thus, the appeal fails.
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The trial tribunal erred by dismissing the application instead of striking it out, failed to address the appellant's application for amendment, and allowed a preliminary objection to be raised without notice, resulting in prejudice and unfair hearing to the appellant.
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A labour dispute filed out of time must be dismissed, not struck out, in accordance with section 3(1) of the Law of Limitation Act. The arbitrator's decision to strike out the matter was contrary to law and is set aside.
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