Tanzania Case Law

surl v attorney general of republic of burundi application no4 of 2023 arising from appeal no4 of 2022 arising from reference no10 of 2018 2025 eacj 6 3 march 202

Court

EACJ

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.

Source excerpt

• Review of judgment
• Land ownership
• Res judicata
• Treaty interpretation
• Discovery of new evidence

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meshack kifanta kyando vs korosho africa ltd and 2 others 2023 tzhc 16241 22 march 2023

Court

TZHC

The High Court refused to extend time to seek review, finding no good cause for delay and holding that alleged new evidence was not a valid appellate-stage ground.

• Extension of time
• Review of judgment
• Discovery of new evidence
• Appellate procedure
• Extension-of-time
• Review-of-judgment

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ms ilabila industries ltd 2 others vs tanzania investment bank 2 others 2022 tzhccomd 90 22 april 2022

Court

TZHCCOMD

The High Court reviewed an earlier ruling, finding new evidence of irregularity and fraud in a property auction, then declared the sale null and void.

• Review of court decisions
• Auction and sale of mortgaged property
• Discovery of new evidence
• Fraud and irregularity in execution
• Due diligence in review applications
• Review-of-court-decisions

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i m bank tanzania limited vs general motors limited and 2 others 2022 tzhccomd 6 21 january 2022

Court

TZHCCOMD

The High Court rejected a bank's review application, holding that a later-found certificate of sale was not sufficiently explained as newly discovered evidence.

• Review of judgment
• Discovery of new evidence
• Default judgment
• Overriding objective
• Mortgage and auction sale
• Review-of-judgment

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gidion mandesi vs charles john mkanga 2021 tzhclandd 857 23 november 2021

Court

TANZLII

The High Court dismissed an application to review an earlier land ruling, holding that the applicant failed to strictly prove the alleged new evidence was unavailable earlier.

• Review of court decisions
• Extension of time
• Discovery of new evidence
• Review-of-court-decisions
• Extension-of-time
• New-evidence

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national bank of commerce vs deogratius john ndejembe 2021 tzhccomd 3381 8 october 2021

Court

TZHCCOMD

The application for review was rejected because the grounds advanced by the applicant did not fall within the restricted grounds for review as set out in the law. The applicant failed to strictly prove discovery of new and important evidence or due diligence, and the grounds amounted to an attempt to re-open and re-hear the case, which is not permissible under the review procedure.

Source excerpt

• Review of judgment
• Discovery of new evidence
• Default judgment
• Ex-parte proceedings

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richard nicholaus matiku vs barney maleko 2021 tzhclandd 122 12 march 2021

Court

TANZLII

The application for review was dismissed because the grounds raised did not meet the threshold for review: the missing medical chit was not an error apparent on the face of the record, misconstruing the limitation period is not a ground for review, and the alleged new evidence was not new or unavailable at the time of the original hearing.

Source excerpt

• Review of court decisions
• Extension of time
• Right to be heard
• Discovery of new evidence

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rajabu juma mugeta vs buruwan musaki 2021 tzhclandd 718 12 february 2021

Court

TANZLII

The High Court Land Division dismissed an application to extend time to seek review, finding the alleged new evidence had already been raised and did not prove ownership.

• Extension of time
• Review of judgment
• Discovery of new evidence
• Extension-of-time
• Review-of-judgment
• Discovery-of-new-evidence

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the registered trustees of masjid badri mtoni mtongani vsramadhani hussein 2020 tzhclandd 3931 10 december 2020

Court

TANZLII

The High Court granted an extension of time to file revision, holding that discovery of a certificate of occupancy showing the real owner of the suit land was sufficient cause.

• Extension of time
• Revision
• Discovery of new evidence
• Extension-of-time
• New-evidence
• Land-law

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Amosi Nyambi

Court

TANZLII

The District Land and Housing Tribunal erred in entertaining the review as the respondent failed to demonstrate that the evidence was new or could not have been produced with due diligence; the review was outside the scope of Order XLII rules 1(a) and (b) of the Civil Procedure Code.

Source excerpt

• Review jurisdiction
• Functus officio
• Discovery of new evidence
• Finality of litigation

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