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Tanzania decisions
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The High Court struck out a review application, holding it was an appeal in disguise because the board-resolution issue had already been decided.
The Court of Appeal of Tanzania dismissed a review application, holding that the challenged ground of appeal had already been considered and no manifest error was shown.
The applicant failed to demonstrate a manifest error on the face of the record; the alleged errors require re-evaluation of evidence and are not self-evident. The application seeks to re-open the merits of the appeal, which is not permissible under review jurisdiction.
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The Court of Appeal dismissed an application for review, holding that the alleged fraud and perjury issue had not been properly raised in the Labour Court.
The applicants' grounds were mere disagreements with the Court's previous reasoning and did not constitute errors on the face of the record; review jurisdiction does not permit substitution of legal views or detailed scrutiny of prior decisions.
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The Court of Appeal struck out a review application, holding that the applicants were trying to re-open an appeal rather than meet the narrow grounds for review.
The Court of Appeal dismissed a criminal review application, holding that the complaints raised no reviewable error, denial of hearing, or rule 66(1) ground.
The application for review was dismissed because the alleged error (unsworn evidence) had already been considered and addressed by the Court in the impugned judgment. The applicant's arguments amounted to a disagreement with the Court's findings, which is not a ground for review under Rule 66(1)(a). No manifest error or miscarriage of justice was found.
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The Court of Appeal lacks jurisdiction in review proceedings to re-evaluate evidence, reassess credibility of witnesses, or address jurisdictional issues not manifest in the impugned judgment; review is limited to errors apparent on the face of the record as per rule 66(1) of the Tanzania Court of Appeal Rules.
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The application for review was dismissed because the alleged errors were not manifest on the face of the record but amounted to dissatisfaction with the Court's prior findings. The grounds advanced were appeal grounds, not review grounds, and no jurisdictional or patent error was established within the judgment itself.
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