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

13 judgments

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13 judgments


May 1995
Abdallah Salum vs William Mhode (Civil Application 51 of 1994) [1995] TZCA 34 (31 May 1995) Lack of notice of a summary dismissal does not justify extension of time to file a notice of appeal. Civil procedure — Court of Appeal	31 May 1995
Nalogwa Zakaria vs Wandoa Msunza (Civil Appeal No. 27 of 1995) [1995] TZCA 98 (24 May 1995) Application for leave to appeal dismissed as time‑barred; ignorance of rules is no excuse and no point of law justified intervention. Appellate practice — extension of time — Appellate Jurisdiction Act s 5(1)(c) — Court's Rules r 43(a) and r 43(b) Appellate practice — leave to appeal — Application filed out of time Appellate practice — Single justice jurisdiction — competency challenges to applications before a Single Justice and appropriate remedies Civil procedure — extension of time — ignorance of law/unrepresented not good cause	24 May 1995
Ng’unda v Ng’unda and Others (Civil Appeal No 8 of 1995) [1995] TZCA 111 (24 May 1995) Civil practice and procedure — Pleadings — Order of the High Court granting leave for the case to proceed before the Resident Magistrate not pleaded — consequences thereof Criminal law — Magistrates’ courts — Jurisdiction — Jurisdiction over land held under customary law	24 May 1995
Transport Equipment Ltd vs Devram P. Valambhia (Civil Application 46 of 1994) [1995] TZCA 33 (24 May 1995) The applicant with an existing right of appeal cannot seek revision absent exceptional circumstances. Civil procedure — Appellate and revisional jurisdiction — mutual exclusivity — availability of revision — loss of appeal through applicant’s fault not exceptional	24 May 1995
Transport Equipment Ltd v Valambhia (Civil Application No 46 of 1994) [1995] TZCA 112 (24 May 1995) Civil procedure — Court of Appeal — Revision — Revision by the Court of Appeal of Tanzania — When such revision is available	24 May 1995
Attorney General vs Rev. Christopher Mtatila (Civil Appeal No. 3 of 1995) [1995] TZCA 88 (23 May 1995) A constitutional amendment rendered the applicant’s appeal academic; unsubstantiated statutory challenges must be dismissed. Constitutional law — Constitutional amendment — Enactment of the 11 Amendment to the Constitution of the United Republic of Tanzania 1977 — Fundamental Rights and Freedoms — Newspapers Act s.13 (bond requirement) — Onus to show personal prejudice — public service — Presidential appointment powers — No constitutional restriction on appointing Zanzibaris to Mainland non‑Union offices	23 May 1995
Daudi Sabaya vs The Republic (Criminal Appeal 67 of 1994) [1995] TZCA 36 (23 May 1995) Self-defence existed but excessive force used; conviction reduced from murder to manslaughter with five-year sentence. Criminal law — Self-defence — applicability where accused reasonably fears imminent attack — limitations and excess force	23 May 1995
Daudi Sabaya vs The Republic (Criminal Appeal 67 of 1994) [1995] TZCA 44 (23 May 1995) Self-defence established but force was excessive; conviction reduced from murder to manslaughter and sentence commuted to five years. Administrative law — Authorities — Distinction from IPALALA and caution in applying Palmer Criminal law — Excessive defensive force — Manslaughter — homicide — Self-defence — Assessment of extra‑judicial statement and sequence of events — When force is reasonable Evidence — Appellate review where trial judge relied selectively on parts of statement	23 May 1995
Daudi vs Republic (Criminal Appeal No. 67 of 1994) [1995] TZCA 78 (23 May 1995) The appellant's self-defence was accepted but excessive force warranted manslaughter conviction and five-year sentence. Civil procedure — Appeal — substitution of conviction and sentence where trial judge misapplied self-defence principles Criminal law — Excessive force in defence — liability for manslaughter — Self-defence — Honest and reasonable belief of imminent peril	23 May 1995
George O. Agilla vs Samwel O. Katule (Civil Application No. 11 of 1995) [1995] TZCA 89 (22 May 1995) A notice of appeal was struck out where the respondent failed to institute the appeal and offered no factual rebuttal. Striking out notice of appeal; Rule 82 application; adjournment by letter inappropriate; requirement to file counter-affidavit to dispute factual allegations; failure to institute appeal justified striking out notice.	22 May 1995
Matheo v Republic (Criminal Appeal No 59 of 1994) [1995] TZCA 110 (8 May 1995) Criminal law — Criminal practice and procedure — Consent given after trial had commenced — Whether consent as required by the law	8 May 1995
Paulo Matheo vs The Republic (Criminal Appeal 59 of 1994) [1995] TZCA 42 (8 May 1995) Trial of an economic offence commenced without prior DPP consent is void; proceedings quashed and appellant released. Criminal law — Economic offences — Requirement of DPP's consent under section 26(1) EOCCA Criminal procedure — Nullity of trial — quashing and release — Remedy where trial commenced without required DPP consent — retrial at DPP's discretion Criminal procedure — Transfer of cases — Transfer/consent irregularity — Whether consent relating to a different case can validate proceedings	8 May 1995
Simon Kilimbe and 2 Others vs The Republic (Criminal Appeal 141 of 1994) [1995] TZCA 45 (8 May 1995) Visual identification must be corroborated; where absent identical unfavourable conditions require quashing conviction. Criminal law — corroboration — lack of independent corroborative evidence renders conviction unsafe — identification evidence — Visual identification — second appeal — limited to questions of law	8 May 1995

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