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Tanzania decisions
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The application is not an abuse of court process as execution has not been completed; the applicant and 4th respondent are distinct legal entities; the applicant is entitled to intervene and seek revision. The preliminary objection lacks merit and is dismissed.
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Compensation awarded to claimants who did not testify was unlawful; only claimants who proved their claims are entitled to compensation. Execution process violated statutory requirements but reversal is not ordered due to advanced stage and hardship. Remaining complaints lack merit as High Court properly evaluated evidence and applied law.
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The preliminary objection does not qualify as a pure point of law because it requires ascertainment of facts through evidence. It is premature to conclude the petition is frivolous or vexatious at this stage. The objection is dismissed.
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The High Court was properly moved to issue a certificate under section 16 of the Government Proceedings Act, and erred in law by failing to exercise its jurisdiction to hear and determine the application on merit after overruling the preliminary objection. The application should have been determined on its merits by another judge.
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