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

112 judgments

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112 judgments


February 1993
Zuberi Shabani vs Republic (Criminal Appeal No. 113 of 1991) [1993] TZCA 47 (12 February 1993)	12 February 1993
Nasoro Korongo vs Republic (Criminal Appeal No.71 of 1989) [1993] TZCA 45 (4 February 1993) Appeal allowed where sentencing relied on extraneous considerations; original sentence set aside and substituted with twelve years. Civil procedure — Appeal — Power to set aside and substitute sentence where trial judge relied on irrelevant matters Criminal law — Manslaughter — Appropriate sentence having regard to mitigation and time in custody — sentencing — Improper consideration of extraneous factors (drunkenness, alleged gang/drug involvement and dangerousness) — Sentence wrong in principle — Appellate interference and substitution of sentence	4 February 1993
January 1993
Calico Textile Industries Ltd. and Another vs Tanzania Development Finance Co. Ltd (Civil Appeal No. 25 of 1993) [1993] TZCA 53 (1 January 1993) Debenture terms govern the registered charge; discharge based on fraudulent declaration is void; limitation runs from discovery of fraud. Company law — Companies law — rectification of register/charges Company law — construction of charge — discharge based on fraudulent declaration is void — instrument governs, not register Company law — limitation — period for fraud‑based proceedings runs from actual discovery of fraud	1 January 1993
Cosmas Nicodemo and Another vs Republic (Criminal Appeal No. 165 of 1993) [1993] TZCA 105 (1 January 1993)	1 January 1993
Director of Public Prosecutions vs Abdul Ismail (Civil Appeal No. 73 of 1993) [1993] TZCA 54 (1 January 1993) Court of Appeal restores district court conviction, holding High Court wrongly quashed it on an incorrect construction of section 89(2)(a). Criminal law — Revision — High Court’s exercise of revision jurisdiction and procedural propriety — Threatening violence Criminal procedure — Conduct of revision (non-working day sittings and communication via relatives) — Impropriety does not necessarily affect merits	1 January 1993
Discile Ng'onja and 4 Others vs Republic (Criminal Appeal No. 139 of 1993) [1993] TZCA 50 (1 January 1993) Relative eyewitness need not be corroborated; drunken brawl without lethal weapon negates malice, reducing murder to manslaughter. Criminal law — Evidence of relative eyewitness — corroboration not always required but approached with caution — mens rea for murder (malice aforethought) absent in drunken brawl without lethal weapon — conviction reducible to manslaughter Criminal procedure — right of reply — limits and irregular exercise	1 January 1993
D.T Dobie and Company (Tanzania Limited) vs N.B Mwatebele (Civil Appeal No. 3 of 1992) [1993] TZCA 63 (1 January 1993) An appellate court should not lightly reverse a trial court’s factual finding; repairs were found performed and appeal allowed with costs. Civil procedure — appeal against factual findings — appellate court’s caution in disturbing trial court’s findings of fact — Costs — successful appellant entitled to costs where appeal succeeds (subject to discrete issues) Contract law — Contract/lien — Garage’s lien on vehicle for unpaid repairs and entitlement to reasonable storage charges	1 January 1993
Njoro Furniture Mart Ltd. vs Tanzania Electric Supply Co. Ltd. (Civil Appeal No. 39 of 1993) [1993] TZCA 51 (1 January 1993) Court affirmed award for restoration, rejected loss-of-profits and future-claims, allowed bank-rate pre-judgment interest and half costs. Civil procedure — Interest and costs — Award of pre‑ and post‑judgment interest and costs — Pre‑judgment interest at bank rate — statutory post‑judgment interest Contract law — frustration of contract — Burden to plead and prove frustration to excuse non‑performance — Compensation for contingent future losses barred by frustration Tort — Special damages — Damages for property restoration — Reliance on estimates produced during negotiation acceptable where credible	1 January 1993
Shindo Bebe Tonny vs Air Tanzania Corporation (Civil Appeal No. 45 of 1993) [1993] TZCA 52 (1 January 1993) Appellant failed to prove loss of goods; consignee’s duty to clear vehicle at Tunduma Customs, appeal dismissed. Commercial law — Transport law — appellate review of trial judge’s credibility findings — consignee’s duty to clear goods at border Customs — consignment and carriage of personal effects — evidentiary burden to prove items were transported	1 January 1993
Tanzania Uniform and Clothing Corporartion vs Charles Moses (Civil Reference No. 10 of 1993) [1993] TZCA 101 (1 January 1993) An appeal is timeous where filed within 60 days from the date the respondent became aware documents were ready, not from Registrar's letter. Civil procedure — Appeals — computation of time for lodging appeal — exclusion for preparation and delivery — omission of documents from record of appeal — Court's discretion to allow supplementation where essential documents missing — supplementary record	1 January 1993
Yusuf John vs Republic (Criminal Appeal No. 138 of 1993) [1993] TZCA 65 (1 January 1993) Conviction for robbery quashed where identification and ownership evidence were unsafe and founded on assumptions. Criminal law — Evidence — proof of ownership of stolen goods — Requirement of admissible, probative evidence — Robbery with violence — reliability of identification evidence Criminal procedure — Appeal — Assessment of sentence severity and appellate interference — Appellate findings must be based on proved facts, not assumptions	1 January 1993
Zeno James and Another vs Republic (Criminal Appeal No. 35 of 1993) [1993] TZCA 94 (1 January 1993) Appellants’ identifications and recent possession upheld; convictions substituted for armed robbery, invoking 30-year minimum sentence. Criminal law — identification evidence — adequacy of opportunity to observe, prompt and in-court identification Criminal law — Recent possession — distinction between robbery with violence and armed robbery — identification parade irregularity — inference from recent possession of stolen property Robbery — use of weapon/threats elevates offence Procedure	1 January 1993

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