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Tanzania decisions
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The High Court at Mwanza set aside a dismissal for want of prosecution and restored the land appeal, finding sufficient cause, curable service defects, and no irremediable prejudice.
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 partly allowed a probate appeal, restoring two administrators and setting aside post-appointment objection proceedings for lack of proved authority.
The High Court set aside the lower courts’ decisions after finding the primary court proceedings were a nullity because some defendants were not properly heard.
The second, third, and fourth respondents were not afforded the right to be heard at trial, violating the principle of natural justice and rendering the trial court's proceedings and judgment a nullity; the first appellate court was correct in quashing the proceedings and judgment.
Source excerpt
The Registrar's notice of rectification failed to assign reasons for alleged fraud, depriving the appellant of the right to be heard and violating constitutional property rights. Rectification cannot proceed without procedural fairness.
Source excerpt
High Court allowed a land appeal, holding that a partly heard case should not have been dismissed for want of prosecution after the appellant refused to continue.
The High Court set aside probate proceedings because the appellants were denied the chance to adduce evidence in a revocation application, making the closure a nullity.
The High Court allowed a criminal appeal, holding that a primary court case was wrongly dismissed after the complainant missed court only once.
The High Court set aside a district court order rejecting a restoration application as wrongly filed, holding the applicant was entitled to be heard.
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