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Tanzania Case Law

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Land law JEREMIA FIMBO JUDGMENT

JEREMIA FIMBO JUDGMENT

The DLHT proceeded ex parte without proof of proper service of summons on the appellants, violating their right to be heard and breaching principles of natural justice; thus, the proceedings and ex parte judgment are nullified.

  • Ex parte proceedings
  • Right to be heard
  • Service of summons
  • Natural justice
  • Non-joinder of parties
  • Assessors' opinion
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Land law HAMISI M

HAMISI M

The DLHT wrongly invoked its powers of revision during execution proceedings to nullify the trial tribunal's decision based on non-joinder of parties. Such objections challenge the competency of the decision and should be raised before the trial tribunal or on appeal, not in execution proceedings.

  • Execution proceedings
  • Revisionary powers
  • Non-joinder of parties
  • Jurisdiction
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Civil procedure ACB v UAP

ACB v UAP

The court held that it is functus officio regarding the preliminary objection on non-joinder and misjoinder, as these grounds were already determined in a previous ruling which remains valid and binding. The remand from the Court of Appeal did not quash that ruling, and thus the court cannot reopen the same issues.

  • Non-joinder of parties
  • Misjoinder of causes of action
  • Functus officio
  • Preliminary objection
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Civil procedure Ruling ATHANAS SELESTINE KAIJE VS SENGERMA DISTRIC COUNCIL 3 OTHERS

Ruling ATHANAS SELESTINE KAIJE VS SENGERMA DISTRIC COUNCIL 3 OTHERS

The plaint failed to provide a sufficient description of the disputed land as required by Order VII Rule 3 of the Civil Procedure Code, rendering the suit incurably defective and incompetent ab initio; the preliminary objection on this ground was sustained and the suit struck out with costs.

  • Description of immovable property in plaint
  • Preliminary objection
  • Non-joinder of parties
  • Competence of plaint
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Land law LAND CASE 24910 Gayo

LAND CASE 24910 Gayo

The suit is time barred as it was filed 17 years after the cause of action arose, violating the one-year limitation period for compensation claims under the Law of Limitation Act.

  • Limitation of actions
  • Compensation for land acquisition
  • Non-joinder of parties
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Labour law Barakuba Ndoroma Dobeye Another v Emmanuel Patric 3 Others Labour Application No

Barakuba Ndoroma Dobeye Another v Emmanuel Patric 3 Others Labour Application No

The application was filed before internal remedies provided by CHAKUHAWATA's constitution and rules were exhausted, rendering it premature and incompetent under Section 53(2) of the Employment and Labour Relations Act.

  • Exhaustion of internal remedies
  • Jurisdiction
  • Non-joinder of parties
  • Wrong citation of law
  • Procedural compliance
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Civil procedure Land case No

Land case No

The suit was struck out as it was prematurely instituted for failure to serve the Attorney General with a copy of the statutory notice of intention to sue, which is a mandatory legal requirement.

  • Preliminary objection
  • Statutory notice
  • Non-joinder of parties
  • Limitation period
  • Trespass
  • Mesne profits
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Civil procedure APPLICATION NO

APPLICATION NO

The Registrar of Treasury was not a party to the original suit or subsequent applications; striking out the application for non-joinder was a legal misdirection; the order is reviewable and the application for restoration should be reinstated.

  • Review of court orders
  • Non-joinder of parties
  • Restoration of suits
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Land law LAND CASE 5400 OF 2024

LAND CASE 5400 OF 2024

The suit is time-barred as the rectification of the land register occurred on 10/11/2011 and the suit was filed on 14/03/2024, exceeding the twelve-year limitation period for recovery of land. This alone disposes of the matter.

  • Limitation of actions
  • Jurisdiction
  • Res judicata
  • Locus standi
  • Non-joinder of parties
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Land law LAND APP 2024030000001765 JOSEPH GAPAN VS SALUIYONDI ANOTHER

LAND APP 2024030000001765 JOSEPH GAPAN VS SALUIYONDI ANOTHER

The trial tribunal erred by raising and deciding on the issue of non-joinder of an administrator at the judgment stage after the parties had closed their cases, which occasioned injustice to the appellant. The tribunal should have proceeded to compose and deliver judgment based on the evidence on record.

  • Right to be heard
  • Non-joinder of parties
  • Counterclaim procedure
  • Dismissal at judgment stage
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.