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Tanzania decisions
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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 allowed a rape appeal, finding the prosecution evidence was not water-tight and the case was not proved beyond reasonable doubt.
Committal proceedings are not a nullity if the substantive requirements of rule 8 of the CECD Rules are complied with, even if the magistrate cited an inapplicable provision of the CPA; such citation is curable under section 4A of the CPA.
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The appeal was filed by the appellant in her personal capacity rather than as administratrix of the estate, which is a substantive defect that renders the appeal incompetent and invalid; such a defect is not curable by amendment after hearing on merits, as only the grantee of letters of administration can represent the estate.
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The applicant failed to meet the conditions for granting a temporary injunction as established in Atilio v. Mbowe; there is no pending suit between the parties, alleged loss is reparable, and any dispute over the estate property should be resolved in a separate land matter, not through temporary injunction.
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The act of affirming instead of swearing in an affidavit does not render the affidavit defective; the trial tribunal erred in striking out the application on this ground.
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The High Court struck out a labour revision application after the applicant conceded preliminary objections, holding it was filed out of time and without leave.
The Court of Appeal allowed a criminal appeal in a wildlife/trophy case, finding the prosecution consent defective and the disposal of the perishable exhibit unlawful.
The court held that the decree from the trial court was defective in its title and party descriptions, which could cause confusion in the appellate record. Guided by the overriding objective principle and relevant precedent, the court declined to strike out the appeal and instead granted the appellant leave to rectify the decree in the District Court and file the corrected version within 21 days.
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The suit arises from a commercial loan secured by land, which is a commercial transaction falling within the jurisdiction of the Commercial Division, not the Land Division. Additionally, the plaint's verification clause failed to comply with mandatory procedural requirements, rendering the plaint fatally defective.
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