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Tanzania decisions
Decisions matching the current search
The judgments of the trial and appellate courts are nullities because they were issued in the name of a party not reflected in the original pleadings, and the rectification was made without affording the appellant the right to be heard. Authenticity and accuracy of court records, especially party names, are fundamental.
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The appeal is incompetent because the parties cited in the appeal differ from those in the original tribunal proceedings, violating established legal principles regarding party identification.
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The High Court struck out a land appeal as incompetent because the appellant failed to include all parties from the original tribunal case, breaking the link to the record.
The High Court Labour Division struck out DIT SACCOS Limited’s revision application as incompetent after the applicant conceded defects in the supporting affidavit.
The misstatement of the plaintiff's name was inadvertent and curable; no prejudice would be caused to the defendant by deleting 'Tanzania' from the plaintiff's name. The suit discloses a cause of action and should proceed on merits.
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The High Court dismissed an application to lift a garnishee order, holding that St. John University of Tanzania was a party to the earlier commercial case.
The Court of Appeal struck out the appeal as incompetent after finding the notice of appeal named the wrong appellant, a fatal defect.
The error in the respondent's name was minor, did not mislead or prejudice the respondent, and was clarified in subsequent documents. The court distinguished the cited precedent and allowed the matter to proceed on merit, ordering that the respondent's name be correctly stated as TOL Gases Limited.
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The discrepancy in the party name in the notice of appeal constitutes a fatal irregularity rendering the notice of appeal incompetent; amendment cannot be allowed after a preliminary objection is raised.
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The Court of Appeal struck out the appeal as incompetent because the appellant failed to identify the correct registered name of the respondent company.
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