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Tanzania decisions
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Application was brought for opinion/guidance, not revision; High Court lacks mandate to intervene at this stage except to direct trial court to finalize proceedings expeditiously and follow correct legal procedures if grievance arises.
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The High Court struck out an NGO application for want of jurisdiction, holding that section 21 of the NGO Act and section 95 of the CPC did not support the relief sought.
The trial court misapplied section 226(1) of the Criminal Procedure Act by acquitting the accused when the prosecution was present; the correct procedure was to discharge under section 225(5) or order the prosecution to close its case. The acquittal barred refiling and prejudiced the prosecution.
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The High Court has jurisdiction to entertain the application for maintenance of status quo in probate matters where no specific statutory provision applies, by virtue of its inherent powers. The application is not barred by res judicata or res sub judice as the previous matter was not determined on merit and did not involve the same parties or simultaneous proceedings.
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The High Court lacks jurisdiction to halt execution proceedings after a notice of appeal has been lodged in the Court of Appeal, as the application does not fall within the recognized exceptions to the general rule.
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Wrong citation of law in the present application is not fatal or incurable as it does not affect the root of the application; substantial justice prevails over technicalities, and the application is properly before the court under Section 95 of the Civil Procedure Code.
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The High Court vacated its earlier company-order after finding material facts were concealed, held the applicants had locus standi, and remitted the dispute to be heard with a related pending case.
The applicant failed to cumulatively satisfy the conditions for grant of stay of execution, specifically by offering disputed property not owned by him as security, rendering the application devoid of merit.
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The EACJ Appellate Division held that the First Instance Division erred by deciding an unpleaded cause-of-action issue without hearing the parties, and remitted the reference.
The High Court refused a further adjournment in an old retried criminal case, invoked its inherent powers, dismissed the charge, and acquitted the accused.
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