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Tanzania decisions
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The High Court granted a certificate on a point of law for a planned Court of Appeal challenge over whether a ward tribunal was properly constituted.
The applicant failed to demonstrate good cause for the delay, as the alleged confusion between judgments did not amount to illegality apparent on the face of the record, and the delay was not properly accounted for. Therefore, the application for extension of time was dismissed for want of merit.
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This appeal is a third appeal, and in the absence of a certificate from the High Court certifying a point of law, the appeal is incompetent and must be struck out.
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The High Court struck out an application for leave to appeal, holding that recent amendments removed the leave requirement and apply retrospectively.
The High Court marked withdrawn an application for leave to appeal after amendments to the Appellate Jurisdiction Act removed the leave requirement.
The Court of Appeal upheld the division of matrimonial assets and dismissed the appeal, holding it could not re-evaluate the evidence afresh without legal error.
The High Court struck out an application for extension of time to seek leave to appeal, holding that later statutory amendments had removed the leave requirement.
An appellate court cannot grant a temporary injunction to restrain execution of a decree; the proper remedy is an application for stay of execution. The application for temporary injunction is misconceived and must be dismissed.
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The Civil Procedure Code does not apply to appeals originating from matrimonial proceedings except where the Law of Marriage Act or its rules are silent. The Law of Marriage Act and Rule 37 of the Matrimonial Proceedings Rules do not require the appellant to attach a copy of the decree to the memorandum of appeal; instead, the subordinate court must transmit the complete record. Therefore, the preliminary objection lacks merit.
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The District Court had no legal basis to interfere with or enhance the sentence imposed by the trial court as there was no error in the exercise of sentencing discretion, nor was the sentence illegal or manifestly inadequate.
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