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Tanzania decisions
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The High Court allowed the appeal, set aside the tribunal’s striking-out order, and held the pleadings disclosed trespass, not breach of lease.
The High Court at Mbeya held that a status quo order sought over land was, in substance, a temporary injunction barred against Government entities.
The High Court at Tanga overruled a preliminary objection and granted extension of time to refile a revision against a CMA award, finding good cause and a curable citation defect.
The High Court at Sumbawanga dismissed the plaint as time-barred, holding that limitation goes to jurisdiction and requires dismissal, not striking out.
The High Court dismissed the appeal, holding that revision was incompetent because the appellant had an available and unblocked right of appeal against the Primary Court ruling.
The High Court at Arusha struck out Arusha Blooms Limited’s land application, holding that a pending appeal over the same property had already removed its jurisdiction.
There is no need to join the Commissioner for Lands, Registrar of Titles, or Attorney General as necessary parties because the pleadings do not seek relief against them, nor do they raise issues regarding allocation or registration of the land. The dispute is solely between the plaintiffs and the 1st defendant over entitlement to the suit premises, and the court can adjudicate the matter effectively without the absent parties.
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There was no material before the Court to justify exercising discretion to allow extension of time to file written submissions; failure to comply with Rule 106(1) is fatal and the appeal is not maintainable.
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The court held that while a board resolution is required for institution of a suit by a company, there is no legal requirement that such resolution must precede the issuance of the 90 days’ notice to the government. The notice is not the institution of the suit but a procedural step, and the defendants’ acknowledgment of receipt of the notice satisfied the statutory requirement. The preliminary objections did not meet the threshold of pure points of law and were devoid of merit.
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The affidavit was verified in Dar es Salaam and attested in Shinyanga on the same date, indicating attestation was not done in the presence of the deponent, rendering the affidavit incurably defective under section 8 of the Notaries Public and Commissioner for Oaths Act. The application is incompetent and must be struck out.
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