Court of Appeal of Tanzania

This is the highest level in the justice delivery system in Tanzania. The Court of Appeal draws its mandate from Article 117(1) of the Constitution of the United Republic of Tanzania. The Court hears appeals on both point of law and facts for cases originating from the High Court of Tanzania and Magistrates with extended jurisdiction in exercise of their original jurisdiction or appellate and revisional jurisdiction over matters originating in the District Land and Housing Tribunals, District Courts and Courts of Resident Magistrate. The Court also hears similar appeals from quasi judicial bodies of status equivalent to that of the High Court. It further hears appeals on point of law against the decision of the High Court in matters originating from Primary Courts. The Court of Appeal also exercises jurisdiction on appeals originating from the High Court of Zanzibar except for constitutional issues arising from the interpretation of the Constitution of Zanzibar and matters arising from the Kadhi Court.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.

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https://jmap.judiciary.go.tz/jmap/jmap-coa

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10 judgments


February 1982
Issac Lazaro Mowo vs Shoise Issac Lazaro Mowu (Civil Appeal No. 23 of 1981) [1982] TZCA 20 (23 February 1982) A matrimonial petition lacking the required Conciliation Board certificate is incompetent; appeal dismissed and High Court costs awarded to respondent. Civil procedure — costs follow the event — Judicial discretion in awarding costs Family law — Requirement of Marriage Conciliation Board certificate under section 101, Law of Marriage Act — non-compliance potentially fatal	23 February 1982
Issac Lazaro Mowo vs Shose Issac Lazaro Mowo (Civil Appeal 23 of 1981) [1982] TZCA 2 (23 February 1982) Failure to file the statutory Conciliation Board certificate renders a matrimonial petition incompetent; costs awarded to the respondent. Civil procedure — Costs — discretion of trial court — appellate correction of costs omission — costs follow the event Family law — Law of Marriage Act s106(2) — requirement of Conciliation Board certificate — petition incompetence	23 February 1982
K. Abdalla Mkwanda and 13 others vs Biashara Ya Wazee Dar es Salaam/Mzizima Company Limited (Civil Appeal No. 9 of 1981) [1982] TZCA 19 (18 February 1982) A limited company cannot expel shareholders by the impugned general meeting resolution; appeal allowed and membership restored. Civil procedure — Civil appeal — High Court order — Setting aside confirmation of expulsion where procedure unlawful Company law — Company conversion — Issue raised concerning conversion to a co-operative (not upheld by appellate reasoning) — Shareholders’ rights — Expulsion — Whether a shareholder of a limited company can be expelled by a general meeting resolution — Expulsion invalid if not effected in accordance with law and company constitution	18 February 1982
Angelina Sylidon vs Hamidu Mussa (Civil Appeal No. 15 of 1978) [1982] TZCA 17 (17 February 1982) A third party without legal or proprietary interest (the respondent) lacks locus standi to annul a sale between seller and purchaser. Civil procedure — Contract validity — Alleged lack of consent does not confer standing on third parties lacking interest — Locus standi — Whether a person without legal or proprietary interest may challenge a sale between vendor and purchaser — Timing of objection — Objection to locus standi may be raised at first opportunity (here, on appearance at District Court)	17 February 1982
Bakari Salehe vs Mtumwa Ramadhani (Civil Appeal No. 14 of 1981) [1982] TZCA 16 (17 February 1982) Primary Court’s denial of cross-examination and unagreed site inspection rendered the trial a nullity; retrial ordered. Procedural fairness; right to cross-examination; opportunity to call witnesses; unopposed site inspection/valuation; nullity of trial; High Court’s duty to address procedural complaints; retrial ordered.	17 February 1982
Mboweto v Kulala and Another (Civil Appeal 12 of 1981) [1982] TZCA 48 (17 February 1982) Court ordered sale of a shamba in execution of a decree. After sale of the Shamba by auction to the appellant, the decree was reversed, so the legal basis for the court’s order to auction the shamba was lost. The Court of Appeal for Tan zania considered whether after removal of the legal basis for the auction sale the title of the bona fide purchaser could be disturbed	17 February 1982
Subash Samat vs Mangal Singh (Civil Appeal No. 8 of 1981) [1982] TZCA 18 (17 February 1982) Where a trial relied solely on an inadmissible photocopy, the matter must be remitted for retrial. Evidence — Appeal — appellate court limitations — inability to reassess credibility on cold record — Documentary evidence — admissibility of photocopies — Remedies — retrial where trial was predicated on inadmissible evidence	17 February 1982
Gabriel Chrisant Rugumila vs Samuel Ntambala Luangisa and Another (Civil Appeal No. 25 of 1981) [1982] TZCA 14 (16 February 1982) Court annulled election due to ballot‑box tampering, altered voters' register and pervasive irregularities affecting narrow majority. Election law — Evidence — Evaluation of witness credibility and appellate supervision — Prima facie value of documentary registers and cumulative effect of irregularities on result — Wrong voters’ register, relocation and cancellation of polling stations, shortage of ballot papers, premature closure, failure to provide polling facilities	16 February 1982
Sefu Yusufu vs Aziza Juma (Civil Appeal No. 2 of 1981) [1982] TZCA 15 (16 February 1982) Case remitted for retrial to obtain evidence on appellant’s alleged second wife, eleven children, property valuations and apportionment. Family law — remittal for retrial where material factual matters were not evidenced at trial — apportionment between parties — costs thrown away to be costs in the cause — existence of second wife and children	16 February 1982
Rugumila v Ntambala (Civil Appeal 25 of 1981) [1982] TZCA 54 (6 February 1982) Reported Election law — Election petition — Misdirections and non-directions by trial judge on various matters — Failure by trial judge to appreciate evidence adduced and its true effect on the result of the election-Evidence — Misdirection	6 February 1982

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