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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

6 judgments

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6 judgments


July 1993
Said Kibwana and Another vs Rose Jumbe (Civil Appeal No. 6 of 1993) [1993] TZCA 131 (30 July 1993) Reported Civil practice and procedure — Abatement of suits- Actions in respect of torts — legal provisions saving certain causes of action based on tort from abating on the death of either party — Interest on general damages — Trial Judge awards interest on the principal sum at 5% per month from the date of filing the suit to the date of full settlement — Whether correct to award interest on general damages from the date of filing the suit — Interest — Award of interest on general damages — Award of interest at 5% per month — Whether too high and out of proportion	30 July 1993
Salum Mhando vs Republic (Criminal Appeal No. 15 of 1993) [1993] TZCA 130 (28 July 1993) Reported Appellate practice — Appellate jurisdiction act — Second appeal- Whether it is proper for a second Appellate Court to evaluate the evidence afresh and come to its conclusions in matters of fact Evidence — When a second Appellate Court may evaluate the evidence afresh and make its own findings of fact	28 July 1993
Kukutia Ole Pumbun and Another vs Attorney General and Another (Civil Appeal No. 32 of 1992) [1993] TZCA 129 (23 July 1993) Reported Constitutional law — Suits against the Government — Statutory provision requiring the Minister’s consent to sue the Government -Whether constitutional- Section 6 of the Government Proceedings Act 1967	23 July 1993
Kukutia Ole Pumbun & Another vs Hon Attorney General & Another (Civil Appeal No. 32 of 1992) [1993] TZCA 117 (23 July 1993) Requirement of ministerial consent to sue the Government violates constitutional access-to-court and equality rights and is void. Constitutional law — Access to courts — Ministerial consent to sue the Government — not saved by Article 30(2)	23 July 1993
Saidi Himidi Kisobwe and Others vs Tanzania Harbours Authority (Civil Appeal No. 51 of 1992) [1993] TZCA 96 (5 July 1993) Notice of appeal deemed withdrawn for failure to institute; counsel who filed unauthorised appeal papers ordered to pay part of costs. Civil procedure — Appeal procedure — notice of appeal deemed withdrawn where appeal not instituted within prescribed period — Unauthorized filing of memorandum and record of appeal by counsel — Counsel’s personal liability for costs as sanction	5 July 1993
Amina Shomvi vs Republic (Criminal Appeal No. 43 of 1993) [1993] TZCA 89 (1 July 1993) An accused’s lies, without supporting circumstantial evidence proving guilt beyond reasonable doubt, cannot sustain a murder conviction. Criminal law — Circumstantial evidence — accused’s lies and inconsistent explanations may corroborate prosecution case — Standard of proof beyond reasonable doubt — Murder — Sufficiency of circumstantial evidence — Conviction cannot rest on uncorroborated lies and suspicion alone	1 July 1993