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Tanzania decisions
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The High Court allowed an appeal over a closed probate cause, set aside the District Court’s refusal of revision, and ordered the probate proceedings reopened.
Appellants had locus standi and pursued the correct remedy by appeal, but since the Will was validated and not challenged, distribution must follow its provisions. No legal justification exists to interfere with the trial court's decision.
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The Court of Appeal refused to extend time for filing a revision application, holding that revision cannot be used as an alternative to appeal.
Where a right of appeal exists, revision cannot be used as an alternative remedy; the application for revision is incompetent and must be struck out.
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Application is incompetent for citing a repealed and non-existing law and for being preferred as an alternative to appeal, contrary to established legal principles.
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The alleged misinterpretation by the trial judge does not constitute a point of law apparent on the face of the record, but rather raises factual issues that would require argument, and thus does not warrant certification for appeal.
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The appeal was filed out of time and contrary to the court's prior order requiring revision, not appeal; thus, it is time barred and incompetent.
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Revision is not available where right of appeal exists and applicant has not provided sufficient reasons for not appealing; application is incompetent and must be struck out.
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The High Court struck out a land revision application, holding that the applicants should have appealed the execution order and could not use revision instead.
The Court of Appeal struck out a revision application, holding that the applicant should have appealed under section 80(4) of the Law of Marriage Act.
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