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Tanzania decisions
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The Registrar acted beyond statutory powers by setting aside the trade union election; such authority is exclusively vested in the Labour Court under Section 53 of the Employment and Labour Relations Act. The Registrar's decision is therefore quashed and set aside.
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The 3rd respondent lacked proper mandate to represent ex-employees in negotiation and settlement due to absence of written notice to the Registrar as required by law; the purported representation and resulting Deed of Settlement were a nullity; confusion in party names and numbers further undermined proceedings.
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The High Court Labour Division struck out an ex parte judicial review leave application as incompetent for using the wrong procedure and an insufficient affidavit.
The High Court struck out an appeal seeking registration of land by transmission, holding the registered owner was not a party to the proceedings.
The petition was filed out of time as the thirty-day limitation period expired on 28/11/2020; both electronic and manual filing require payment of court fees within the limitation period; Deputy Registrar acted ultra vires in rejecting the petition for being time barred, but the petition cannot be admitted as it was indeed filed out of time.
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The Registrar considered the applicant's affidavit in the ruling on stay of execution; the only pleaded ground for revision lacks merit. New grounds raised in submissions but not pleaded cannot be entertained.
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The High Court allowed an appeal, holding that the Registrar of Titles lacked jurisdiction to expunge the appellant’s name from the land register where registration followed a Court of Appeal decree.
Appellant was duly notified and failed to respond; rectification was lawful as transfer was void due to lack of good title; Registrar acted within statutory powers; appellant not entitled to indemnity as no development was proven and transaction was void.
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The High Court for Zanzibar upheld a preliminary objection and struck out an application to set aside a default judgment, holding appeal was the proper remedy.
The application was filed out of time and the Deputy Registrar lacked jurisdiction to grant leave to re-file; therefore, the court lacks jurisdiction to entertain the application.
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