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Tanzania decisions
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The Court of Appeal struck out an employment appeal, holding the grounds raised factual questions about contract renewal rather than points of law.
The Court of Appeal struck out a land revision application for incompetence, holding that revision cannot replace an appeal absent exceptional circumstances.
The Court of Appeal has no jurisdiction to entertain a second bite application for leave to appeal where the High Court dismissed the first application for being time-barred at a preliminary stage, as this does not constitute a refusal on merit under Rule 45(b) of the Court of Appeal Rules.
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The appeal is incompetent as it arises from an interlocutory order (refusal of temporary injunction) which does not finally determine the rights of the parties in the main suit, and is therefore barred by section 74(2) of the Civil Procedure Code.
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The Court of Appeal dismissed a review application, holding the complaint raised appeal-type issues rather than a manifest error, nullity, lack of jurisdiction, or illegality.
The Court held that the applicant's grounds for review—alleged manifest error, nullity, or illegality—were unsubstantiated and largely challenged the procedure and evidence in subordinate tribunals, which is outside the scope of review. No manifest error, illegality, or fraud was demonstrated on the face of the Court's judgment to justify review.
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The Court of Appeal has no jurisdiction to entertain an application for revision against a High Court refusal to certify a point of law, and thus cannot grant an extension of time for such a barred application.
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The District Court, acting within its appellate jurisdiction, properly nullified the trial court's proceedings and appointment of the appellant as administrator because the deceased's estate had already been distributed to heirs over four decades ago, leaving nothing to administer. The appellant lacked sufficient interest and impartiality, and the delay in seeking administration was unjustified. The absence of a clan meeting or exclusion of heirs did not invalidate the proceedings, and customary discrimination against female heirs is unconstitutional.
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The Court of Appeal lacks jurisdiction to entertain appeals from decisions of the defunct Industrial Court of Tanzania, as such appeals lie only to a full bench of the High Court under the repealed Industrial Court of Tanzania Act. Furthermore, even if appealable, leave to appeal was required and not obtained, rendering the appeal incompetent.
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The Court found that the issue of compensation, although not pleaded or framed for trial, was raised and evidence led by both parties. The Court had already considered and rejected the applicant's arguments in the previous appeal, and the alleged omission cannot be brought again through review. No manifest error or illegalities were demonstrated to warrant review.
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