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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
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7 judgments
Citation
Judgment date
January 1995
Attorney General and 2 Others vs Dr. Aman Walid Kabourou (42 of 1994) [1995] TZCA 30 (31 January 1995)
Elections – Election Offences and Irregularities – Use of Government Resources for Campaigning Elections – Election Campaigns – Illegal Campaigns Elections – Election Petitions – Burden of Proof in Election Cases Elections – Election Results – Irregularities in Vote Counting Elections–Election Commission–Directives by Election Commission
 31 January 1995
Attorney General and 2 Others vs Dr. Aman Walid Kabourou (Civil Appeal 32 of 1994) [1995] TZCA 54 (31 January 1995)
Courts may review Electoral Commission acts; unsigned directives, corrupt government conduct and biased state broadcasts can void an election; candidate lacked citizenship.
Electoral law – Judicial review of Electoral Commission acts – Validity and formalities of subsidiary electoral directives – Grounds for nullification extend beyond section 108 when elections are rendered generally unfree or unfair – Corrupt/undue influence by government action and biased state broadcasts – Proper counting procedure and recounts – Citizenship qualification for candidature – Joinder of state departments.
 31 January 1995
Mnyaroje and Another v Republic (Criminal Appeal No 142 of 1994) [1995] TZCA 106 (30 January 1995)
Evidence - Couydtoration - Purpose of corroborative evidence
Evidence - Identification -Identification by witnesses whose evidence is deficient, suspect, or incredible - Whether it can be relied upon. Constitutional law - Death sentence and the Constitution - Whether the death sentence offends the Constitution or is saved by the saving provisions of the Constitution - Article 13(6)(d) and (e) and Article 30(2) of the Constitution of the United Republic of Tanzania
 30 January 1995
George Shambwe vs National Printing Company Ltd. (Civil Appeal No. 19 of 1995) [1995] TZCA 79 (1 January 1995)
A binding sale agreement existed despite lack of Commissioner approval; vendor breached by refusing to execute documents and cannot rely on Regulation 3(1).
Land law – disposition of right of occupancy – Regulation 3(1) Land Regulations 1948 – inoperative until Commissioner’s approval obtained, but inoperativeness does not negate existence of agreement. Contract law – formation and breach – vendor’s refusal to execute sale documents constituted breach preventing completion
Evidence/procedure – allegation of fraud not pleaded at trial cannot be raised first on appeal
 1 January 1995
Guest and Chrimes Limited vs National Urban Water Authority (Civil Appeal No. 15 of 1995) [1995] TZCA 80 (1 January 1995)
An admission of indebtedness and rectified errors negate a dispute, so arbitration referral and dismissal were inappropriate.
Arbitration clause – stay of proceedings under Arbitration Ordinance s.6 – court must be satisfied applicant is ready and willing to do all things necessary for arbitration* Effect of admission and rectification of errors – no genuine dispute on liability to trigger arbitration* Court of Appeal review of High Court referral to arbitration – setting aside wrongful stay/dismissal
 1 January 1995
Issae Hamish F. vs Hadija Ahmed Marie (Civil Appeal No. 4 of 1995) [1995] TZCA 90 (1 January 1995)
Appeal dismissed where appellant failed to prove non-receipt of payment and lower courts’ credibility findings were upheld.
Contract law – construction/sale of property – proof of payment and performance – evidential weight of documentary evidence and oral testimony – assessment of witness credibility on appeal.
 1 January 1995
National Bank of Commerce vs Dar Es Salaam Education and Office Stationery (Civil Appeal No. 16 of 1995) [1995] TZCA 81 (1 January 1995)
Whether an interlocutory injunction under Order 37(1) CPC can set aside a completed mortgagee sale.
Civil procedure — interlocutory injunctions — Order 37 Rule 1 CPC — status quo defined — whether injunctive relief can set aside completed mortgagee sale; Mortgage law — power of sale — timing and competence of post-sale applications to set aside sale.
 1 January 1995