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Tanzania decisions
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The applicant failed to demonstrate any point of law worth certification; the issue of locus standi raised was based on factual matters requiring evidence, not a pure point of law.
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The Court of Appeal dismissed a review application, holding that disagreement with its earlier treatment of the victim’s age was not a manifest error on the face of the record.
High Court partly certified one point of law for appeal, refusing the rest as factual or not determined below. The certified issue concerned new matters raised on second appeal without hearing the parties.
High Court upheld revision nullifying ex parte revocation of letters of administration, holding the respondent was denied a hearing and procedural safeguards were not followed.
The Court of Appeal struck out an appeal after holding it had no jurisdiction to entertain a new ground not properly raised and decided in the High Court.
The first appellate court failed to properly re-evaluate the evidence regarding the status and division of matrimonial properties and erred in making orders on custody and maintenance of children without proper inquiry. The division of matrimonial properties must include all assets acquired or improved during the marriage, with the respondent entitled to 10% and the appellant 90%. Orders on custody and maintenance are quashed and remitted to the trial court for proper inquiry.
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The Court of Appeal lacks jurisdiction to entertain grounds of appeal that are purely factual and were not raised or determined by the High Court; such grounds must first be presented to the High Court.
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The High Court struck out an application in which the applicant sought leave to appeal to the Court of Appeal after leave had already been granted earlier.
The District Court erred in law by entertaining and determining an appeal from objection proceedings, which are not appealable; the only remedy for an aggrieved party is to institute a regular suit. The District Court's judgment and decree are quashed and set aside.
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The conviction was quashed because the prosecution's case relied on documentary exhibits that were not read in court and thus expunged, leaving insufficient evidence to prove the charge beyond reasonable doubt.
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