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Tanzania decisions
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Interpleader suit over rent arrears for Plot No. 747/39 in Dar es Salaam. The court held Bay Investment Limited was the rightful recipient under an adjusted decree.
The alleged procedural irregularities regarding mediation, powers of attorney, and legal representation did not go to the root of the case, did not occasion miscarriage of justice, and were not violations of mandatory provisions under the Land Disputes Courts Act. The appeal lacks merit and is dismissed.
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The proceedings were conducted by persons without locus standi, as the letters appointing representatives did not constitute valid powers of attorney and were not formally part of the proceedings, rendering the trial tribunal's proceedings and judgment a nullity.
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Court of Appeal of Tanzania set aside a High Court judicial review ruling after finding the appellant was denied a hearing on the power of attorney issue.
The High Court held the appellants lacked locus standi to sue for a deceased’s estate without proper authority, and revised the tribunal’s order from dismissal to striking out.
The High Court upheld dismissal of a probate appeal, finding a disputed document void and confirming the house remained part of the deceased’s estate.
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