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Tanzania decisions
Decisions matching the current search
The High Court dismissed a land appeal, holding the tribunal lacked jurisdiction because the dispute had already been determined in matrimonial proceedings and execution.
There was no evidence that appellants refused to allow the children to return to the house as per the tribunal order; lower courts misinterpreted the order as requiring eviction rather than return of children. Conviction and sentence were not supported by evidence and must be set aside.
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The trial tribunal erred by misinterpreting the High Court's order to rehear the matter as an order to proceed ex parte, thereby denying the appellants their right to be heard, which is a fundamental principle of natural justice. The proceedings, judgment, and orders of the tribunal are nullified and the matter is remitted for a new trial before a different chairman and assessors.
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The High Court Labour Division corrected an earlier interpretation ruling by inserting the omitted words “subject to statutory deductions” after the compensation amount.
The High Court Labour Division lacks jurisdiction to vary or set aside the orders and reasoning of a fellow judge's decision; interpretation under Rule 48(8) is limited to clarifying execution, not altering substantive findings. The applicant's request effectively seeks to challenge the prior judgment, which must be addressed to an appellate court.
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The High Court set aside a CMA ruling that found James Peter’s fresh labour dispute time barred, holding the Commission misread an earlier court order.
The Commission for Mediation and Arbitration lacked jurisdiction to quantify and confirm the High Court's decision in Labour Dispute No. 15 of 2010, as such authority is reserved for the Labour Court unless specifically referred. The Commission's proceedings and decision were null and void.
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The Commission for Mediation and Arbitration improperly interpreted the High Court order, resulting in the respondent being misled into filing a fresh dispute. The responsibility for compliance with the High Court order rested with the Commission, not the parties. The proceedings arising from the fresh referral and subsequent revision were incompetent and must be quashed.
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The High Court lifted a garnishee order nisi after holding that decree interest was to be calculated in two separate periods, not combined into 4%.
The High Court held that the respondents were awarded only 60 acres out of the 120 acres in dispute, and ordered them to vacate land beyond that award.
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