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Tanzania decisions
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The Court of Appeal dismissed a review application, finding no manifest error, no denial of a hearing, and no substantiated bias in the earlier appeal.
The Court of Appeal dismissed an application to review its earlier ruling, finding no manifest error on the face of the record and no denial of a hearing.
The application for review was dismissed because the alleged error (unsworn evidence) had already been considered and addressed by the Court in the impugned judgment. The applicant's arguments amounted to a disagreement with the Court's findings, which is not a ground for review under Rule 66(1)(a). No manifest error or miscarriage of justice was found.
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The Court of Appeal of Tanzania dismissed an application for review, holding that the grounds raised were not manifest errors on the face of the record and were largely appeal points.
The Court of Appeal dismissed an application for review, holding that the complaint was only disagreement with its earlier ruling and not a manifest error on the face of the record.
The application for review fails because none of the grounds raised by the applicant meet the strict requirements for review under Rule 66 (1) of the Tanzania Court of Appeal Rules 2009. The alleged errors are not manifest on the face of the record, do not constitute a nullity, and are not grounds for review but rather for appeal. The Court did not depart from its own precedents without justification, and the applicant was not deprived of the right to be heard. The award of costs was properly exercised.
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The applicants failed to demonstrate any manifest error on the face of the record or deprivation of the right to be heard as required under Rule 66(1)(a) and (b) of the Tanzania Court of Appeal Rules. The Court found all parties had ample opportunity to present arguments, and the complaints amounted to dissatisfaction with the merits, not grounds for review. The application for review was dismissed.
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The refusal by the trial judge to recuse himself was an interlocutory order ancillary to the main suit, which remains pending; no manifest error apparent on the face of the record was established; applicants' dissatisfaction does not warrant review under Rule 66(1)(a).
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The Court of Appeal dismissed an application to review its earlier ruling, holding the alleged errors were not manifest and that the applicant had been heard.
The application for review was filed after a gross inordinate delay of 28 months and is time-barred under the Tanzania Court of Appeal Rules, 1979; the Law of Limitation Act, 1971 does not apply; error of counsel is not a valid excuse; the application is also frivolous, vexatious, and an abuse of process.
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