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Tanzania decisions
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The High Court's decision refusing to remove the arbitrator was interlocutory as it did not finally determine the substantive rights of the parties in the arbitration; therefore, section 5(2)(d) of the Appellate Jurisdiction Act bars an appeal to the Court of Appeal on such a decision.
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The Court of Appeal lacks jurisdiction to revise the proceedings of the Court Martial Appeal Court, whose decisions are final by statute.
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The impugned order rejecting admission of voucher lists is interlocutory and does not finally dispose of the rights of the parties; section 6(2) of the Appellate Jurisdiction Act, as struck out by Joseph Steven Gwaza, does not permit the DPP to appeal interlocutory orders; therefore, the appeal is incompetent and must be struck out.
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A judgment on admission that leaves part of the suit pending for trial is interlocutory and does not finally determine the rights of the parties; therefore, an appeal against such a judgment is incompetent under section 5(2)(d) of the Appellate Jurisdiction Act.
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The High Court held that an appeal from objection proceedings was incompetent. It quashed the District Court’s orders and said the proper remedy was a fresh suit.
An order by a Taxing Officer allowing amendment of a bill of costs is interlocutory and not a final decision; therefore, it is not subject to reference under Order 7(1) of the Advocates Remuneration Order, 2015. Only final determinations affecting the parties' rights in the bill of costs can be referred. The High Court correctly struck out the reference as incompetent.
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The application for revision is premature and incompetent because the Tribunal's decision on the preliminary objection did not finally determine the substantive application; revision is not available for such interlocutory decisions under section 79(2) of the Civil Procedure Code.
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An order striking out an application does not finally determine the rights of the parties; therefore, it is not appealable, and the proper remedy is to refile the application after correcting errors.
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The High Court struck out an appeal from the District Court, holding that Ward Tribunal appeals are final at the District Court except on points of law.
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