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Tanzania decisions
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The High Court struck out a second appeal as incompetent because the grounds challenged the primary court decision instead of the first appellate court’s ruling.
The appeal was struck out because the memorandum of appeal was incompetent and the pleadings were unclear and confusing, making it impossible for the court to determine the merits of the case.
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The High Court dismissed a land appeal after finding the appellant raised new grounds that had not been canvassed before the lower tribunal.
The appeal was dismissed because the trial tribunal properly evaluated the evidence and the respondent proved his claim on the balance of probabilities, even without the sale agreement, which was inadmissible for lack of stamp duty. The appellant's new grounds were not properly before the court, and the tribunal's judgment contained all necessary elements and was not tainted with illegality.
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Second appeal over appointment of an estate administrator dismissed. The High Court upheld the lower courts’ findings and refused to entertain a new procedural ground.
The High Court at Kigoma dismissed a preliminary objection, holding the appeal’s grounds arose from issues decided below and that the decree was in fact attached.
Court of Appeal dismissed a second criminal appeal, holding that new grounds not raised below would not be entertained and that sentence enhancement was authorized by law.
The appeal was dismissed because the appellant failed to demonstrate good cause for the delay, and lack of notice of ex-parte judgment delivery alone is insufficient for extension of time without proof of diligence and accounting for delay.
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The conviction for statutory rape was upheld because the evidence of the victim and her mother was credible, procedural complaints were unfounded or immaterial, and discrepancies in medical evidence were minor and did not undermine the prosecution case. New grounds of appeal were disregarded as they were not raised in the first appellate court.
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The High Court Land Division dismissed an application for certification of a point of law for appeal, holding the proposed grounds were not properly certifiable.
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