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Tanzania decisions
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The Court held that since the appeal was already declared time barred by operation of law, the only proper course was to strike it out. The Court cannot entertain a review of its order without a formal application as required by the rules.
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The Court of Appeal struck out an election appeal as incompetent because the record omitted mandatory pleadings and exhibits, without leave to exclude them.
The decree was defective due to a typographical error in the statutory reference, but this did not affect its substance and could be amended. Non-compliance with seal and extraction date requirements was administrative and did not invalidate the decree for appeal purposes. The appellant is allowed to file an amended decree within fourteen days.
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The record of proceedings relating to the application for determination of the amount payable as security for costs is a vital document under Rule 96(1)(k) of the Rules. Its omission from the record of appeal renders the consolidated appeals incompetent and they are accordingly struck out.
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The record of proceedings relating to the application for determination of the amount payable as security for costs is a vital document for purposes of the appeal. Its omission from the record renders the consolidated appeals incompetent under Rule 96(1)(k) of the Tanzania Court of Appeal Rules, 2009. The appeals are struck out for want of an essential document.
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The petition was dismissed because the petitioner failed to comply with the mandatory requirement to apply for determination of security for costs within the prescribed period and took no further steps to prosecute the petition, indicating abandonment.
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The Court of Appeal set aside proceedings that had proceeded after refusal of adjournment and upheld that the appellant had been denied a fair hearing.
The appeal is incompetent for failure to extract and include the order appealed from as required by rule 89(1)(h) of the Court of Appeal Rules; such non-compliance is fundamental and cannot be cured by filing a supplementary record; other grounds of objection (rule 76(3) and Registrar's certificate) are not fatal in this case.
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The Court of Appeal struck out an election appeal for failure to file the record in time and rejected an application to adduce fresh evidence.
The Court of Appeal dismissed an election appeal alleging bribery, finding no corrupt motive in a school donation and upholding the trial judge's evidence assessment.
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