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Tanzania decisions
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The High Court struck out a preliminary objection that the Registrar of Titles was a necessary party, holding it was improperly raised and would surprise the plaintiff.
The High Court struck out a land suit for non-joinder of the Dar es Salaam Development Council, holding it was a necessary party and notice requirements had not been met.
There was no contract of guarantee between the Parliament and the plaintiff; Parliament's commitment was limited to remitting terminal benefits, not guaranteeing the loan. Therefore, Parliament is not a necessary party, and the absence of Parliament does not prevent the court from issuing an effective decree.
Source excerpt
The High Court struck out a petition in an arbitration matter, holding it was time-barred and fatally defective for non-joinder of a necessary party.
The High Court quashed a land tribunal decision for non-joinder of necessary parties, holding the proceedings a nullity and directing any fresh case to join them.
The High Court at Tabora struck out a land dispute because the Tabora Municipal Council and Commissioner for Lands were necessary parties not joined.
The High Court dismissed a land revision application, holding that the tribunal had acted properly in striking out the suit after the applicant dropped a necessary party.
Second appeal in a land dispute succeeded because the respondent lacked locus standi and the seller was not joined as a necessary party.
The suit was not time barred as the cause of action accrued in 2015 when the appellant became aware of the allocation, thus filing in 2021 was within the 12-year limitation period.
Source excerpt
The High Court held that Mwanza City Council was not a necessary party in a boundary dispute and remitted the matter to the tribunal after allowing the appeal.
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