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Tanzania decisions
Decisions matching the current search
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 trial court failed to determine the material issue of whether the tractors had been sold, resulting in an incomplete and unenforceable judgment. This omission vitiated the judgment and required nullification and remittal for a fresh judgment.
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The High Court acted without jurisdiction by initiating revision suo motu on a matter already before it and erred by determining the merits of the intended appeal at the extension of time stage; the proper procedure required the appellant to personally apply for extension of time, and the court should only consider good cause for delay, not the merits of the appeal.
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The Court of Appeal struck out a land appeal for want of leave to appeal against one respondent, holding the defect was fatal and could not be cured by amendment or revision.
The Court of Appeal has no jurisdiction to revise decisions of the Fair Competition Tribunal because section 84(1) of the Fair Competition Act explicitly makes Tribunal decisions final and excludes appellate or revisional jurisdiction. The fact that Tribunal proceedings are presided over by a High Court Judge does not confer jurisdiction unless the statute expressly provides for it.
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The District Tribunal acted without jurisdiction by nullifying the Ward Tribunal's decision during execution proceedings, as the respondent did not appeal or properly object within the prescribed time. Matters that could have been raised on appeal cannot be entertained as objections to execution. The District Tribunal did not exercise revision powers as claimed, and its decision was set aside.
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The Court of Appeal quashed Mto wa Mbu Ward Tribunal proceedings for lack of territorial jurisdiction and upheld the Makuyuni Ward Tribunal decision.
Court of Appeal struck out a revision and remitted the record to the High Court, holding it had no power to give directions where no High Court decision had yet been made.
The Court of Appeal struck out a civil appeal after finding the High Court appeal incompetent because the lower-court decree was unsigned and undated.
Omission to cite section 265 of the Penal Code, which creates the offence of theft, vitiated the proceedings and rendered the conviction and sentence invalid.
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