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Tanzania decisions
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The appeal is incompetent due to discrepancies in party names and case numbers; amendment is not permissible after a preliminary objection is raised and argued.
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Application struck out for incompetency due to inconsistency in applicant's capacity and failure to seek leave of court for change; procedural requirements not met.
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The appellant had no legal interest or ownership in the disputed land, and thus lacked locus standi to be sued. The trial and appellate courts failed to address this jurisdictional issue, rendering the proceedings and judgments invalid.
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The arbitral award was improperly procured because the claim was brought against a non-existent entity, and the arbitrator's amendment of pleadings to substitute the respondent's name constituted misconduct and serious irregularity, rendering the proceedings incompetent.
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The Court of Appeal granted an extension of time to allow the applicant to file a revision, finding good cause, diligence, and that revision was the proper route.
The appeal is incompetent because the appellant appeared in a different capacity from that in the trial tribunal, which is a fatal irregularity under established law. The appeal is struck out, but leave to refile is granted. Each party to bear their own costs as the issue was raised by the court suo motu.
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