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Tanzania decisions
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The order appealed against was interlocutory and did not finally determine the rights of the parties; therefore, the appeal is incompetent and must be struck out.
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The intended amendments do not introduce a new cause of action but expound on existing complaints regarding the credit facility. There is no express or implied statutory provision ousting the High Court’s jurisdiction in favour of the Bank of Tanzania under the cited regulations. The application to amend the plaint is allowed.
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The Court of Appeal struck out a revision application, holding the High Court ruling was interlocutory and therefore barred by section 5(2)(d) of the AJA.
The High Court struck out an application to revise a warrant of commitment, holding it lacked jurisdiction because the sentence had already been upheld on appeal and by the Court of Appeal.
The High Court struck out a land revision application, holding that revision cannot be used as an alternative to appeal absent exceptional circumstances.
A constitutional petition challenging the constitutionality of subsidiary legislation is maintainable before the High Court under BRADEA if it alleges violation of basic rights, and the existence of alternative remedies under judicial review does not bar such a petition. The Minister is a proper party, but all entities responsible for promulgation of the impugned regulations should be joined as necessary parties.
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The application was struck out because the order sought to be revised was interlocutory and did not finally determine the rights of the parties or dispose of the main suit, thus not revisable under Section 79(2) of the Civil Procedure Code.
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The applicant had a right of appeal against the decision of the Ward Tribunal and failed to utilize it; revision cannot be used as an alternative to appeal where such remedy exists.
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The High Court dismissed a reference application challenging a Deputy Registrar’s execution ruling, holding that a High Court decision cannot be referred back to itself.
The High Court dismissed a criminal revision application because the impugned proceedings were interlocutory, so section 372(2) barred revision jurisdiction.
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