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Tanzania decisions
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The High Court struck out a probate civil appeal after finding a name discrepancy between the petition and the lower-court judgment that made the appeal incompetent.
The counterclaim was improperly instituted as a separate suit without a court order for separate determination and against a non-existent party. Therefore, it must be struck out.
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The appeal is incompetent due to uncertainty and lack of proof regarding the identity of appellants as parties to the original proceedings and Reference No. 60A of 2008. The proceedings of the consolidated trade inquiries and Reference No. 60A of 2008 are nullified for violation of statutory requirements, and no appeal can stem from a nullity.
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Res judicata does not apply because parties in the ward tribunal and district tribunal cases are different, Charles Waya was not a party or privy to the previous suits, and the subject matter was disputed in terms of location and size; judgment in personam does not bind non-parties.
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The parties in Land Case No. 0014 of 2016 and Land Application No. 110 of 2018 were not the same, nor was privity established. Therefore, one of the essential elements of res judicata was not met, and the doctrine did not apply to bar the subsequent suit.
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The omission of 'Life' in the party name at the mediation stage did not prejudice the applicant, who appeared and participated throughout the proceedings. The applicant was correctly identified in the Award, and the proceedings reflected the correct parties. The Award is upheld as it reflects the proceedings and the applicant was accorded both mediation and arbitration services.
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The High Court of Tanzania’s Land Division granted Richard Mbwana more time to appeal an execution order, finding that alleged illegality was sufficient cause.
The High Court nullified a land tribunal decision after finding fatal irregularities in party identity, assessor procedure, and the handling of the disputed land record.
The High Court struck out a summary suit for recovery of a loan, holding that the claim did not fall within Order XXXV of the Civil Procedure Code.
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