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Tanzania decisions
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The High Court allowed a land appeal, quashing a tribunal dismissal entered on the first hearing day and restoring the application for hearing before another chairperson.
The High Court dismissed a reference against taxation of costs, holding it was filed in time and that the taxed advocate’s fees were reasonable and lawful.
The trial tribunal erred by dismissing the application without properly considering the reasons for absence of some Appellants and failing to explore alternative remedies under Regulation 13. This amounted to violation of the right to be heard.
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The appellant was not denied the right to be heard as she was given an opportunity to address the tribunal and admitted to having no claim against the respondents. The dismissal was proper as there was no cause of action, and the appellant was aware she would have to proceed on her own if her advocate was absent.
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The alleged procedural irregularities regarding mediation, powers of attorney, and legal representation did not go to the root of the case, did not occasion miscarriage of justice, and were not violations of mandatory provisions under the Land Disputes Courts Act. The appeal lacks merit and is dismissed.
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The appeal was dismissed because the alleged improper representation was not established, the claim was filed within the correct limitation period for land ownership, the tribunal properly considered the evidence and described the disputed land, and no procedural irregularity or miscarriage of justice was demonstrated.
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The power of attorney was improperly granted and exercised because the donor was present within the court's jurisdiction, no genuine reasons were provided for the grant, and the donee acted beyond permissible scope by conducting proceedings as an advocate.
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The African Court found Tanzania violated Misalaba’s rights to life, dignity, and a fair trial, but rejected claims about evidence, counsel, and prison care.
The mandatory imposition of the death penalty under Tanzanian law violates the right to life as it removes judicial discretion and constitutes arbitrary deprivation of life. Death by hanging violates the right to dignity. The delay of nearly seven years between arrest and trial violated the right to be tried within a reasonable time. No violation was found regarding legal representation, interpretation services, or conviction on insufficient evidence.
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The appellant was not unjustifiably denied the right to be heard as he personally declined to proceed and conceded to the application being struck out; the right to be heard is not absolute and may be lost by a party's own conduct.
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