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

11 judgments

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11 judgments


August 1993
Hassan s/o Hamisi vs Saida Rumanyika (Civil Appeal 43) [1993] TZCA 57 (30 August 1993) Appeals from Primary Court matters require a High Court certificate of a point of law; Court of Appeal cannot grant that itself. Appellate practice — Appellate jurisdiction — Appeals from Primary Court proceedings — Court of Appeal cannot certify to itself — decision of single judge granting leave without High Court certificate null and void	30 August 1993
Itika Ketta Mwakisambwe vs Mara Cooperative Union (1984) Ltd (Civil Appeal No. 24 of 1993) [1993] TZCA 134 (30 August 1993) Reported Constitutional law — Basic rights enshrined in the Constitution — The right to seek redress in court and ouster of court's jurisdiction	30 August 1993
Raza Somji vs Amina Sakum (Civil Appeal No. 45 of 1992) [1993] TZCA 56 (30 August 1993) An appellate court must not decide an unpleaded ground without giving the affected party a fair opportunity to be heard. Civil procedure — Appeal — raising and deciding issues not pleaded — Remedies — specific performance — appellate review where primary finding is procedurally flawed Contract — rescission — undue influence — court cannot uphold rescission on unpleaded ground without procedural fairness Land law — Property — money to be restored to holder — ownership of fixed deposit demonstrated by renewals and certificate	30 August 1993
Raza Somji vs Amina Salum (Civil Appeal No. 45 of 1992) [1993] TZCA 135 (30 August 1993) Reported Civil practice and procedure — Appeals — Memorandum of appeal -Memorandum of appeal makes no reference to undue influence and no leave of Court sought and obtained to argue the issue on appeal -Whether the Court may entertain the issue suo motu — Rights of the other party	30 August 1993
Timothy Kaare vs Mara Cooperative Union (1984) Ltd. (Civil Appeal No. 42 of 1992) [1993] TZCA 157 (30 August 1993) Reported Human rights — Basic rights and duties under the Constitution — The right to work — Whether the right to work imposes a duty to employ or to continue employing a person	30 August 1993
Director of Public Prosecutions vs Ally Sheriff and Another (Criminal Appeal No. 90 of 1991) [1993] TZCA 110 (16 August 1993) Prolonged delay, dead and missing witnesses and prejudice to the respondent justified upholding the acquittal despite judicial misdirection. Criminal law — Missing witnesses and evidential gaps — Prejudice to accused and fairness in ordering retrial — Retrial — discretionary remedy, refused where it would cause injustice or where accused has spent substantial time in custody — Prejudice and exceptional circumstances — Trial procedure — no‑case to answer — Standard under section 293 Criminal Procedure Act	16 August 1993
Joseph James and Others vs Republic (Criminal Appeal No. 52 of 1991) [1993] TZCA 118 (13 August 1993)	13 August 1993
Director of Public Prosecutions vs Abdul Ismail (Criminal Appeal No. 73 of 1993) [1993] TZCA 132 (12 August 1993) Reported Criminal law — Criminal practice and procedure — Criminal Revision — Notification to the DPP — Whether the High Court should hear the parties on revision — Whether Judge can make a revision after consultations with the relatives of a convict who had an advocate Criminal law — Threatening violence — Whether threatening violence includes threat to kill	12 August 1993
Jesiella Kalahuma vs Republic (Criminal Appeal No. 4 of 1993) [1993] TZCA 88 (12 August 1993) Trial judge's exclusion of provocation and misdirection on intoxication rendered the murder verdict legally unsafe. Criminal law — homicide — Provocation — Whether evidence of insults, threats and a family brawl can amount to provocation and negate malice aforethought — Intoxication — Whether intoxication negated specific intent and should be left to assessors Criminal procedure — Summing up — Trial judge’s directions — Material misdirection to assessors may render conviction unsafe Evidence — role of assessors — When issues of provocation and incapacity must be left to assessors to decide	12 August 1993
Jesinala Malamula vs Republic (Criminal Appeal No. 4 of 1993) [1993] TZCA 133 (12 August 1993) Reported Criminal law — Assessors — Fatal to resulting conviction — Criminal practice and procedure — Assessors	12 August 1993
Abdulrahaman Mirrow vs Farida Abdulrahaman (Civil Appeal No. 4 of 1993) [1993] TZCA 102 (10 August 1993) Failure to extract the decree, file the record of proceedings, or obtain required leave renders an appeal incompetent and struck out. Civil procedure — Appeal competency — requirement of leave where judgment is appealable only with leave	10 August 1993

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