Dr Aman Walid Kabourou versus The Attorney General and Another; Civil Application No. 70 of 1999: Court of Appeal of Tanzania at Dar es Salaam (Unreported).
- Court of Appeal Rules
- Review – Grounds for review in the Court of Appeal of Tanzania.
Held:-
(i) Review jurisdiction of the Court of Appeal is inherent and not statutory.
(ii) The existing grounds upon which the Court of Appeal can exercise its review jurisdiction as follows:-
(a) Where there is manifest error apparent on the face of the record and which resulted in an injustice.
(b) Where it is established that the court acted without jurisdiction.
(c) Where it is established that the judgement was obtained by fraud.
(d) Where it is established that one of the parties was condemned unheard rendering the proceedings null and void.
(iii) The list for review is not exhaustive and, therefore, not closed. However the court will not readily extend list of circumstances for review, the idea being that the court’s power of review ought to be exercised very sparingly and only in the most deserving cases bearing in mind the demand of public policy for finality for litigation and for certainty of the law as declared by the highest court of the land