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Tanzania decisions
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The appeal was struck out as incompetent because the appellants sought to pursue revision where an appeal was the proper remedy; revision cannot be used as an alternative to appeal when the right of appeal exists.
Source excerpt
The Court of Appeal struck out a revision application, holding that revision is not an alternative to appeal and cannot be used where appellate rights remain available.
The application is incompetent because it is not supported by an affidavit from the 5th applicant, nor did any applicant swear an affidavit on behalf of the 5th applicant, as required by law.
Source excerpt
The application for revision was incompetent because the applicant had a right of appeal against the High Court's refusal to set aside the dismissal, and revision cannot be used as an alternative to appeal in the absence of exceptional circumstances or a blocked appellate process.
Source excerpt
The Court of Appeal struck out a revision application, holding the impugned High Court order was appealable with leave and that revision is not a substitute for appeal.
Where a right of appeal exists under section 5(1)(c) of the Appellate Jurisdiction Act, an application for revision is misconceived unless exceptional circumstances are demonstrated. The applicants failed to show such circumstances; thus, the application is not maintainable.
Source excerpt
The Court of Appeal struck out a revision application, holding that refusal of leave to seek judicial review is appealable with leave, not revisable.
The High Court in Mwanza dismissed an application to certify proposed appeal points, holding that the issues raised were factual rather than legal and so not certifiable.
The High Court struck out a land application after finding the supporting affidavit incurably defective for containing prayers, legal arguments, and conclusions.
The High Court struck out a land revision application as incompetent, holding that revision cannot replace an available appeal.
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