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Tanzania decisions
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Since the Tribunal's order was to strike out the application and not to dismiss it, the appeal was incompetent as no appeal lies against an order striking out an application; the appellant's remedy was to file a fresh application.
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The dismissal order was erroneous due to an error apparent on the face of the record, specifically the omission of parties in the eCMS system, rendering the suit incompetent. The proper remedy was to strike out the suit, not dismiss it for being time barred.
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An application for extension of time is maintainable after a previous application was struck out for being time barred, as striking out does not preclude refiling under the Court of Appeal Rules.
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The application was incompetent as the appeal was struck out for want of a petition of appeal, not dismissed for non-appearance. The applicant failed to attach the necessary order and supporting affidavits, and the court was not properly moved under the cited legal provisions. There was no competent appeal to restore.
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It was improper for the District Court to strike out the application after hearing it on merit and finding it unmeritorious; the correct procedure was to dismiss the application.
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The Court of Appeal held the appeal was incompetent for lack of leave, but used revisional powers to set aside the High Court’s dismissal and replace it with striking out.
The Court of Appeal held that an incompetent appeal should be struck out, not dismissed, and restored Charles Luhemeja’s High Court appeal.
The High Court held that wording used after a preliminary objection meant the application was struck out, not dismissed, because it had not been heard on the merits.
The petition is res judicata as the issues raised were already determined in Alphonce Lusako's case, involving the same parties under the same public interest title. Since the petition was not heard on the merits, the proper remedy is to strike it out, not dismiss it.
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The High Court erred in dismissing the eviction application; the proper remedy was to strike out the application as it was incompetent, not to dismiss it. The application for revision was filed within time and is partly merited.
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