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The High Court at Sumbawanga dismissed the plaint as time-barred, holding that limitation goes to jurisdiction and requires dismissal, not striking out.
The lower courts erred by applying customary law to a Christian deceased without justification and by treating objections as separate suits rather than interlocutory matters, resulting in procedural violations that vitiated the proceedings. The entire proceedings of the lower courts are nullified and a retrial is ordered before a competent magistrate.
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The High Court at Tabora dismissed an application for extension of time, holding it was barred by res judicata because limitation had already been determined.
The High Court Land Division dismissed a suit as res judicata after finding it had already been finally determined in an earlier land case.
The appeal was dismissed because the appellant failed to provide sufficient justification for the 30-year delay in seeking letters of administration, and the court found that entertaining such delayed probate proceedings would disrupt settled family arrangements and public order.
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Proceeding with the appeal while a related matter is pending before Tabora High Court constitutes an abuse of judicial process and risks conflicting decisions; therefore, the appeal is dismissed and the first appellate court's decision is upheld.
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Appellant failed to prove ownership of the disputed land by oral or documentary evidence; burden of proof not discharged as required by law.
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The application for review was dismissed because the Applicant failed to demonstrate discovery of new and decisive evidence not previously available with due diligence, and no error apparent on the face of the record was established. The Applicant's arguments were found to be attempts to re-litigate the merits, which is not permissible under the review jurisdiction.
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All complaints raised are res judicata, having been previously determined on merit in earlier proceedings involving the same parties and issues; court is functus officio and cannot reopen the matter.
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Since the main suit was dismissed for being res judicata, the application for temporary injunction collapses and is no longer competent before the court.
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