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Citation
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Judgment date
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| August 2025 |
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A conviction for statutory rape was set aside due to doubts about the credibility and reliability of the victim's testimony.
Criminal law – Rape – Evidence – Credibility of single witness – Reliability of victim in sexual offences – Standard of proof in statutory rape – Effect of minor inconsistencies and delayed reporting – Requirement to scrutinize sole witness testimony.
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28 August 2025 |
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Conviction quashed due to unreliable identification and expunged evidence, leaving no basis for sustaining the appellant's conviction.
Criminal law – identification evidence – reliability and sufficiency in night-time offences – improper admission and expunging of documentary evidence – reversal of conviction where evidence does not meet legal threshold.
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28 August 2025 |
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A land dispute was dismissed as the claim targeted the wrong defendant and failed to specify the property’s boundaries.
Civil procedure – Proper parties to a land dispute – Land ownership – Joinder of necessary parties – Insufficiency in property description – Land litigation – Chairman's obligations regarding assessor opinions – Appellate review.
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28 August 2025 |
| June 2025 |
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The appeal succeeded as the service date's factual dispute required evidentiary inquiry before determining revision's time-bar status.
Labour Law – unfair termination – time limitations for filing revision – proof of service of CMA award.
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9 June 2025 |
| May 2025 |
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The Court of Appeal deemed NSSF contributions recoverable through summary suit as they are debts due to the government.
Civil Procedure - Summary suit - NSSF contributions as debts due to government - Order XXXV CPC interpretation.
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30 May 2025 |
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The court overturned a rape conviction due to procedural errors and dubious witness credibility involving possible personal biases.
Criminal Law – Evidence Act – juvenile witness procedures – victim's evidence admissibility under procedural deficits – credibility of testimonies amid personal biases.
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30 May 2025 |
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Conviction quashed due to unreliable prosecution evidence and failure to call material witness.
Criminal law - Rape - Assessment of credibility of witness - Failure to call material witness - Conviction quashed
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30 May 2025 |
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The court struck out the notice of appeal due to respondents' failure to act diligently post document request.
Civil Procedure - Appeals - Lodging appeal documents - Rule 90(5) compliance - Strike out of notice of appeal for inaction.
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30 May 2025 |
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The appeal against High Court's time-barred ruling upheld; procedural errors deemed non-fatal, requiring further hearing.
Land registration - appeal against Registrar's decision - procedural irregularities - time limitations for appeal.
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30 May 2025 |
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Court dismisses appeal for lack of sufficient cause for delay in filing against land tribunal decision.
Land law – Extension of time – Requirement to furnish sufficient cause for delay – Sufficient evidence for illness claims.
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29 May 2025 |
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Court of Appeal quashes conviction for unnatural offence due to unreliable witness testimony and insufficient evidence.
Criminal Law – Unnatural offence – Reliability of witness testimony – Sufficiency of evidence – Contradictions in prosecution case – Relevance of medical report.
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29 May 2025 |
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High Court improperly struck out independent application due to procedural misidentification; applications restored for proper hearing.
Civil procedure – Misidentification and procedural error – High Court striking out independent application incorrectly associated with another matter – Restoration of applications for hearing on merits.
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29 May 2025 |
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Procedural flaw in transfer of criminal appeal to magistrate with extended jurisdiction necessitated revision of case.
Criminal procedure - Appeal transfer to magistrate with extended jurisdiction - Procedural irregularity in High Court transfer order - Revision of lower court's proceedings.
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29 May 2025 |
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Absence of a formal transfer to magistrate with extended jurisdiction rendered trial proceedings null.
Criminal Procedure - Jurisdiction - Nullity of proceedings in absence of formal transfer to magistrate with extended jurisdiction.
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29 May 2025 |
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The court affirmed the appellant's life sentence for an unnatural offense, dismissing challenges to name discrepancy and procedural confessions.
Criminal Law - Unnatural offense - Credibility of testimony in absence of specific dates - Validity of confession attacked on procedural grounds - Discrepancy in name as non-prejudicial.
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29 May 2025 |
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Improper jurisdiction and admission of evidence nullified a murder conviction, requiring a retrial.
Criminal Procedure – Transfer of cases – Plea and trial jurisdiction under section 256A(1) CPA – Admission of witness statements under section 34B(2)(e) Evidence Act.
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29 May 2025 |
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The appeal dismissed, affirming conviction and reinstating life sentence for statutory sodomy against a minor.
Criminal Law – Sexual Offense – Credibility of witness – Reporting delays – Alibi defense – Sentence consistency with statutory requirements.
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28 May 2025 |
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The court adjusted excessive compensation for unfair termination to a fair and proportionate amount under labor law guidelines.
Labor Law - Compensation for unfair termination - Proper exercise of discretion by arbitrators in awarding compensation under Labour Relations Act and Guidelines.
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28 May 2025 |
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Arbitrator’s failure to sign immediately after witnesses not fatal where he authenticated proceedings by signing at day’s end.
Labour law – arbitration procedure – authentication of proceedings – arbitrator’s discretion under rule 19(1) to regulate conduct of arbitration; Signing at close of hearing day sufficient to authenticate record; Procedural irregularity not necessarily fatal; Competence of High Court revision requires pure point of law.
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27 May 2025 |
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The court upheld the identification of the accused but vacated the life sentence due to age-related statutory protections.
Criminal Law – Unnatural offense – Identification of the perpetrator – Sentence appropriateness for juvenile offenders.
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27 May 2025 |
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Improper legal procedure for appeal transfer invalidated Resident Magistrate's jurisdiction, necessitating High Court reconsideration.
Criminal Procedure - Jurisdiction - Transfer of appeals to magistrates with extended jurisdiction - Use of incorrect legal provisions for transfer.
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27 May 2025 |
| May 2024 |
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A rape conviction was overturned due to unreliable victim testimony and failure to prove the case beyond reasonable doubt.
Criminal law – Rape – Credibility of witnesses – Delay in reporting – Proof beyond reasonable doubt – Inconsistencies in prosecution evidence – Effect on conviction.
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9 May 2024 |
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Application for extension of time to review a Court of Appeal decision dismissed for failure to show good cause for delay.
Civil procedure – Extension of time – Application for review – Good cause – Requirement to account for every day of delay – Alleged illegality as ground for extension of time – Apparent error on the face of the record – Sufficient grounds for review under appellate court rules.
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9 May 2024 |
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No denial of hearing or illegality found in estate distribution dispute; administrators to proceed with distribution per High Court.
Probate and administration – Revision – Right to be heard – Beneficiaries' participation – Illegality – Administrators’ powers and procedure – Distribution of estate – Court of Appeal’s revisional jurisdiction.
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9 May 2024 |
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A notice of appeal was struck out for failure to take essential procedural steps within the time required by court rules.
Civil procedure – Striking out of notice of appeal – Failure to take essential step – Rule 89(2) of the Tanzania Court of Appeal Rules – Abandonment of intended appeal.
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9 May 2024 |
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Where a certificate of delay is defective due to court error, the appellant may be allowed to seek rectification before the appeal proceeds.
Civil procedure – certificate of delay – defective certificate vitiates time-bar exclusion – errors by Deputy Registrar – opportunity for rectification – overriding objective and substantive justice.
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9 May 2024 |
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A notice of appeal may be struck out where no essential steps are taken to prosecute the appeal under Court of Appeal Rules.
Civil procedure – Striking out of notice of appeal – Failure to take essential steps under Tanzania Court of Appeal Rules – Requirement of diligence after filing notice of appeal – What constitutes essential step – Service of letter requesting proceedings.
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8 May 2024 |
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A loan recipient's claim for insurance indemnity based on permanent disability failed due to insufficient medical evidence under the contract.
Contract law – loan agreements – interpretation and application of insurance clauses – permanent disability – evidentiary standards – documentary proof – medical underwriting – liability for loan repayment upon failure to prove disability.
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8 May 2024 |
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Confessions and possession of property shortly after the crime upheld convictions for armed robbery, despite procedural defects and doubts about visual identification.
Criminal law – Armed robbery – Sufficiency of charge sheet – Proof by confession – Admissibility and sufficiency of cautioned statements – Effect of use of toy pistol in armed robbery – Reliability of visual identification – Curability of procedural defects in charge and evidence.
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8 May 2024 |
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A conviction on a plea of guilty stands where the plea is unequivocal and the accused has understood the charge.
Criminal law – appeals from conviction on plea of guilty – requirements for a valid and unequivocal plea – language used in plea taking – relevance of physical evidence where plea is admitted – raising new issues on appeal – sentencing provisions.
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7 May 2024 |
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Extension of time refused where the applicant failed to show good cause, as advocate’s negligence and alleged illegality were insufficient grounds.
Civil procedure – Extension of time – Good cause for delay – Negligence of counsel – Technical delay – Illegality on face of record – Principles for extension of time applications in the Court of Appeal of Tanzania.
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7 May 2024 |
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Conviction quashed due to trial court's lack of jurisdiction arising from absence of proper DPP consent and certificate.
Criminal procedure – economic and organized crime – jurisdiction – requirement for proper DPP consent and certificate conferring jurisdiction to subordinate court – effect of absence of jurisdiction – retrial not ordered where interests of justice do not require it.
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6 May 2024 |
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The court upheld the conviction for rape, finding the evidence sufficient and the defence of framing unsubstantiated.
Criminal Law – Rape – Credibility and sufficiency of victim's testimony – Failure to call additional witness – Afterthought in defence – Proof beyond reasonable doubt – Apprehension in flagrante delicto.
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2 May 2024 |
| April 2024 |
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An application for extension of time to apply for review was dismissed for lack of good cause and failure to cite review grounds.
Criminal procedure – extension of time – application for review – requirement to demonstrate good cause for delay – necessity to specify grounds for review under rule 66(1) – dismissal for failure to meet thresholds.
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29 April 2024 |
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Lingering doubts in prosecution evidence and unreliable witness testimony require acquittal in a criminal appeal for attempted armed robbery.
Criminal law – second appeal – attempted armed robbery – late filing of charges – identification at the crime scene – reliability and coherence of prosecution witnesses’ testimony – presumption of innocence – benefit of doubt in favour of accused – acquittal where prosecution case unreliable.
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29 April 2024 |
| October 2023 |
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Presenting false receipts by a branch manager is gross dishonesty justifying fair termination; procedural proof may be given by any competent witness.
* Labour law – misconduct and dismissal – gross dishonesty – presentation of false receipts by a branch manager can justify summary dismissal under Rule 12(2) and 12(3) GN No. 42/2007.
* Labour law – disciplinary procedure – Rule 13(5) – proof of fair hearing may be established by any competent witness, not necessarily disciplinary committee members.
* Interpretation – written workplace rules not always required; rules may be implied from nature of employment.
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6 October 2023 |
| September 2023 |
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Court affirmed respondent's sole ownership, finding the appellant fraudulently procured the transfer; non-joinder of nominal joint owner immaterial.
* Land law – Certificate of title ordinarily conclusive evidence of ownership but subject to displacement by proof of fraud.
* Evidence – Evaluation of competing oral testimony and documentary inconsistencies to determine fraudulent procurement of transfer.
* Civil procedure – Necessary parties/joinder (Order I r.10 CPC) – non-joinder of a nominal joint owner created by fraud is not fatal to adjudication.
* Transfer of land – conflicting documentary indicia (sale vs gift/love and affection) undermining validity of disposition.
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18 September 2023 |
| June 2023 |
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Applicant failed to show a manifest error on the face of the record; review application dismissed.
Court of Appeal — Review under Rule 66(1)(a) — Scope limited to impugned judgment/order — Error apparent on the face of the record must be obvious and patent — Mere disagreement with outcome or error of law insufficient — Omission to consider affidavit averments must be shown on plain reading of judgment.
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28 June 2023 |
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Respondent's discontinuation of the applicant's studies quashed for denying the applicant the right to be heard.
* Administrative law – natural justice – right to be heard (audi alteram partem) – university academic discontinuation quashed for procedural unfairness.
* Evidence – civil standard – burden of proof on balance of probabilities to prove service and opportunity to be heard.
* Judicial review – quashing of administrative decision where hearing not proven; remittal for rehearing.
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15 June 2023 |
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Representative appeals are impermissible, but defective appeal documents may be amended under Rule 111 in the interests of justice.
Civil procedure — Appeals — Representative appeals not tenable in Court of Appeal — Notices and memoranda must name all parties — Defective notice describing "and others" curable by amendment under Rule 111 (Tanzania Court of Appeal Rules, 2009) — Amendment allowed in interest of justice.
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6 June 2023 |
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Failure to determine a preliminary objection on trade-union representation mandates remittal and quashing of lower decisions.
* Labour law – preliminary objection – representation by trade union – requirement under rule 23(8) GN No.67/2007 to receive evidence and arguments before deciding a preliminary point. * Procedural fairness – failure to determine PO renders proceedings irregular – remit to tribunal. * Appellate duty – quashing of lower decisions where legal provisions were not observed.
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2 June 2023 |
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Single Justice may allow substitution of an administrator, but an affidavit is personal and an annulled administrator lacks standing.
Court of Appeal — Single Justice powers (Rule 60) — substitution of legal representative/administrator — affidavit personal to deponent — locus standi — annulment of letters of administration — competence of application.
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1 June 2023 |
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Technical delay from pursuing obsolete leave application justified extension; illegality must be pleaded in supporting affidavit.
Civil procedure – Extension of time to appeal – Rule 10 Court of Appeal Rules – Good cause must be shown; technical delay from prosecuting leave application may suffice – Certificate of delay under Rule 90(1) not mandatory – Alleged illegality must be pleaded in affidavit to be considered.
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1 June 2023 |
| May 2023 |
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Alleged illegality in a judgment constitutes good cause to grant extension of time for filing a revision by a validly appointed administrator.
* Civil procedure – Extension of time – Rule 10 Court of Appeal Rules – Allegation of illegality as good cause for extension. * Representative capacity – administrator’s locus – letters of administration must be pleaded and annexed; formal joinder unnecessary where capacity is evidenced. * Limitation on single Justice – must not determine substantive merits when deciding extension applications. * Procedure – rejoinder submissions not permitted in single-Justice applications under the Rules.
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26 May 2023 |
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Extension of time granted where short delay caused by counsel’s change from appeal to revision was adequately explained.
Application for extension of time – Rule 10 Court of Appeal Rules – requirement to account for delay – change of course from intended appeal to revision on legal advice – short unexplained delay excused – no order as to costs in employment proceedings.
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8 May 2023 |
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Court affirmed 40/60 division of the matrimonial house, upholding evidence of contribution and ordering buy-out option before sale.
* Family law – Division of matrimonial property – proof of contribution – bank loan and documentary versus oral evidence.
* Appellate review – concurrent findings of fact – reluctance to interfere absent misdirection or miscarriage of justice.
* Matrimonial property – sale versus buy-out option – valuation and sharing of valuation costs.
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4 May 2023 |
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Non‑compliance with assessors’ written‑opinion and reading requirements vitiates tribunal proceedings and mandates retrial.
* Land law – tribunal procedure – assessors’ role – requirement that each assessor gives a written opinion and that opinions be read to parties before judgment (s.23(2) LDCA; Reg.19(2)).
* Procedural irregularity – failure to secure/read assessors’ individual opinions vitiates proceedings.
* Civil procedure – representative suits – requirement to obtain leave before representing others (Order 1 r.8 CPC) (raised but proceedings vitiated on assessors’ irregularity).
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3 May 2023 |
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Section 19(2) of the Limitation Act automatically excludes time for obtaining appeal documents; appeal to proceed on merits.
Limitation law – Law of Limitation Act, s.19(2) – Exclusion of time for obtaining copies of proceedings and judgment – exclusion automatic where dates of request and supply are on record; no prior application for extension required – proof of dates critical – procedural technicalities not to defeat substantive justice.
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2 May 2023 |
| May 2022 |
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Review dismissed: alleged errors required re‑evaluation of evidence and were not manifest on the face of the record.
Court of Appeal — Review jurisdiction — Error apparent on face of record must be obvious and self-evident; Review not a substitute for appeal — Re‑evaluation of evidence is appellate, not review, function; Contractual/commercial interest — award depends on express agreement and is a merits issue; General and specific damages — reduction or affirmation require appraisal of evidence, not reviewable unless manifest error.
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13 May 2022 |
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Review refused: applicants' complaints were appeal matters or evidential issues, not manifest errors warranting review.
Criminal law & procedure – Review jurisdiction of Court of Appeal – scope of section 4(4) AJA and Rule 66(1) – manifest error on the face of the record – review not a forum to re‑argue appellate or evidential issues – sentencing under Drugs Act v. general Penal Code provision.
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13 May 2022 |