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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10 judgments

Citation	Judgment date
January 2000
Wetcu Ltd vs Michael M. Junga (Tbr. Civil Appl. No. 10 of 1999) [2000] TZCA 78 (27 January 2000) Affidavit by applicant’s legal adviser based on personal knowledge suffices; preliminary objection dismissed with costs. Tanzania Court of Appeal Rules — Rule 46(1): affidavit must be sworn by a person having knowledge of the facts; verification clause and disclosure of source — affidavit by legal adviser with personal knowledge held sufficient; preliminary objection under Rule 100 dismissed.	27 January 2000
Rashd Abdulla Rashid El Sinani and Another vs Mussa Haji Kombo and Another (Znz Civil Application No. 6 of 1998) [2000] TZCA 65 (26 January 2000) A power of attorney does not entitle an advocate to act without separate instructions; application struck out as incompetent. * Civil procedure – preliminary objection – capacity and locus to sue – effect of wrongly cited or non-existent applicant; * Powers of attorney – registration under Registration of Documents Decree – compulsory registration limited to immovable property; * Advocacy – distinction between donee of power of attorney and advocate’s independent instructions; * Competence of application – lack of advocate’s instructions renders application incompetent.	26 January 2000
Benedict Kimwaga vs Principal Secretary, Ministry of Finance (Civil Application No. 31 of 2000) [2000] TZCA 85 (1 January 2000)	1 January 2000
Furaha Finace Limited and Another vs Chawe Transport Import and Export Company Limited (Civil Application No. 11 of 2000) [2000] TZCA 84 (1 January 2000) A valid notice of appeal must be lodged at the High Court registry where the decision was given before a stay of execution can be entertained. Civil procedure – Appeals – Notice of appeal – Rule 76 read with Rule 78 requires notice to be lodged at the High Court registry where the decision was given; Registrar to transmit copy to appropriate Court of Appeal registry; application for stay of execution incompetent without valid notice of appeal filed at appropriate sub-registry.	1 January 2000
Idda Mwakalindile vs N.B.C. Holding Corporation and Another (Criminal Appeal No. 59 of 2000) [2000] TZCA 57 (1 January 2000) Appellate consideration of whether defamatory probe publications were protected by qualified privilege and whether proven misconduct justified dismissal. * Defamation – probe report – imputations of adultery and fraud – capable of being defamatory. * Qualified privilege – publication of investigative report – whether circulation beyond authorised recipients defeats privilege. * Employment law – wrongful dismissal – whether lack of hearing vitiates dismissal where misconduct is proved.	1 January 2000
John Kimambo vs Republic (Criminal Appeal No. 67 of 2000) [2000] TZCA 58 (1 January 2000) Appeal against murder conviction and death sentence arising from a dispute over a piece of sugar cane. Criminal law – murder conviction and death sentence – factual altercation over a piece of sugar cane; appellate review (judgment text incomplete).	1 January 2000
Lucas Alphonce vs Republic (Criminal Appeal No. 77 of 2000) [2000] TZCA 59 (1 January 2000) Appellant’s psychiatric evidence established probable insanity; trial judge erred in rejecting the expert report and mischaracterising the killing. Criminal law – insanity defence – psychiatric report indicating schizophrenia – trial judge’s rejection of expert evidence – misdirection by importing witchcraft – behaviour after offence as evidence of unsoundness of mind.	1 January 2000
Lutter Symphorian Nelson vs Attorney General & Another (Civil Appeal No. 24 of 1999; Miscellaneous Civil Cause No.124 of 1995)) [2000] TZCA 102 (1 January 2000) Reported An election is void if campaign statements exploit tribal differences, regardless of their effect on the result. Electoral law – Avoidance of election – Statements during campaign exploiting tribal differences – Section 108(2)(a) Elections Act, 1985 – Whether prejudicial statements suffice to void election irrespective of effect – Standard of proof for corrupt practices and other electoral misconduct – Duty of trial court to consider and weigh all material evidence.	1 January 2000
Test LR [2000] TZCA 25 (1 January 2000)	1 January 2000
The Attorney General vs Amos Shavu (Taxation Reference No. 2 of 2000) [2000] TZCA 86 (1 January 2000) Taxing officer misapplied the rules and allowed an excessive instruction fee; Court reduced the taxed bill accordingly. Court of Appeal procedure — Taxation of costs — Applicable scale: 3rd Schedule to Court of Appeal Rules v Advocates' Remuneration Rules — Instruction fees for applications — Judicial discretion and factors (nature, complexity, length, research) — Interference where award is excessive or based on wrong principles.	1 January 2000