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Tanzania decisions
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The presence of unresolved anomalies in the name of the 1st applicant/defendant throughout the proceedings and judgment renders it unsafe for the matter to proceed; the court must quash the proceedings and order a fresh hearing before another magistrate.
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The appeal lacked merit as the trial court properly entered judgment on admission for divorce, amendments to pleadings were permissible and did not cause prejudice, the property in question was matrimonial property subject to equal division based on evidence of contributions from both parties, and procedural irregularities did not warrant nullification of proceedings. The decree's lack of detailed property description did not affect execution as the property was known to both parties.
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The application is fatally defective for seeking extension of time to file judicial review without first seeking leave as required by law; amendment to insert 'leave' would change the root of the application and prejudice the respondents, which is not permissible after a preliminary objection is raised.
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The appellant is estopped from challenging the CMA's decision to hear the two disputes separately, as he himself successfully prayed for that course; the CMA's handling of the claims was not illegal, and the High Court did not err in upholding the CMA's dismissal of the appellant's claims for harassment and discrimination.
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The Tribunal erred in law by refusing to allow amendment of pleadings and production of documents, thereby denying parties their legal right and occasioning injustice. The proceedings and decisions of the Tribunal and High Court are nullified and the matter is remitted for rehearing with parties allowed to amend pleadings and produce documents as necessary.
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The Court of Appeal upheld liability for a US$1.1 million loan, but set aside general damages and reduced pre-judgment interest from 15% to 10%.
The plaintiff, as a registered joint venture, has legal capacity to sue, the plaint discloses a cause of action, and defects in the verification clause of the Reply to the Written Statement of Defence are curable by amendment.
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The petitioner complied with the court's order dated 6th June 2011; the change from 'officer' to 'individual' did not introduce a new ground or claim; the re-arrangement and renumbering of paragraphs did not violate the court's order; and paragraph 7.6 of the third edition is clear, precise, and does not prejudice the respondents' defence.
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