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

8 judgments

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8 judgments

Citation	Judgment date
November 2000
Ezekiel Noel vs Republic (Criminal No. 25 of 2002) [2000] TZCA 60 (30 November 2000) Appeal dismissed: rape conviction upheld—proof of being under 18, parents’ corroboration and victim’s naming were sufficient. Criminal law – Rape of a minor under s.130(1)(e) Penal Code as amended – proof of age; Corroboration – parents/relatives may corroborate victim’s evidence; Identification – naming by victim vs descriptive identification; Failure to call witness – when absence does not attract adverse inference; Appellate scope – second appeal confined to points of law.	30 November 2000
Mohamed Nkinzo vs Safina Athuman (Bk Civil Application No. 6 of 1998) [2000] TZCA 70 (24 November 2000) Respondent’s failure to take essential steps to institute an appeal justified striking out the notice of appeal under Rule 82. Civil procedure — Appeal procedure — Failure to take an essential step to institute appeal within prescribed time — Possession of judgment and proceedings — Awaiting Registrar's Certificate not a valid excuse — Striking out notice of appeal under Rule 82; costs awarded.	24 November 2000
SMZ v Ali and Others (Criminal Application No. 8 of 2000) [2000] TZCA 114 (21 November 2000) From the Ruling ofthe High Court of Zanzibar at Vuga, Tumaka, Deputy C.J., dated 3 April 2000, in Sessions No.7 of 1999, Constitutional Law - Sovereignty - Union of Tanganyika and Zanzibar to form the United Republic of Tanzania - Whether the constituent parts of the union retained their sovereign status. Criminal Law - Treason - Whether the offence of Treason can be committed against the Revolutionary Government of Zanzibar. International Law - Sovereignty - United Republic of Tanzania — Zanzibar and Tanganyika uniting to form the United Republic of Tanzania — Effect on sovereignty of the parties.	21 November 2000
S. M. Z. vs Machano Khamis Ali and 17 Others (Criminal Application 8 of 2000) [2000] TZCA 22 (21 November 2000) Reported Treason requires allegiance to a sovereign; Zanzibar is not sovereign, so treason is a Union matter against the United Republic. Constitutional law – Union of Tanganyika and Zanzibar – Statehood and sovereignty – Treason requires allegiance to a sovereign – Security is a Union matter – Treason can be committed only against the United Republic, not the Revolutionary Government of Zanzibar.	21 November 2000
Ashery Fred Utamwa vs Attorney General and Another (Civil Appeal No. 40 of 2000) [2000] TZCA 91 (10 November 2000) A Court of Appeal lacks jurisdiction to nullify a parliamentary election after Parliament's dissolution and absence of a sitting member. * Election law – Jurisdiction of Court of Appeal – Appeal seeking nullification of parliamentary election; effect of Parliament's dissolution on jurisdiction. * Election law – Time limits – Section 115(2) (two-year rule) applies to High Court; appeals must nonetheless be determined expeditiously. * Civil procedure – Inordinate delay in preparation of record – registry responsibility noted but does not cure jurisdictional defect. * Electoral offences – Bribery and treating raised as serious issues but not decided where relief cannot be granted.	10 November 2000
Ashery Fred Utamwa vs The Attorney General and Another (Civil Appeal No. 40 of 2000) [2000] TZCA 83 (10 November 2000) Court lacked jurisdiction to void a parliamentary election post-dissolution; appeal struck out and each party to bear own costs. * Constitutional/electoral law – election petitions – jurisdiction of appellate court to nullify parliamentary election post-dissolution – necessity of a sitting member and sitting Parliament for relief. * Elections Act 1985 s115(2) – time limits for determination of election petitions; purpose to expedite electoral disputes. * Civil procedure – competence of appeal where record preparation and registry delay produce post-dissolution hearing. * Electoral offences – bribery and treating raised at trial but not determined due to lack of jurisdiction.	10 November 2000
Ashery Fred Utamwa vs Thee Attorn ey General and Another (Civil Appeal No. 40 of 2000) [2000] TZCA 88 (10 November 2000) Appeal struck out for lack of jurisdiction because Parliament was dissolved and no sitting member existed to justify nullifying the election. Electoral law – jurisdiction to invalidate parliamentary election results – effect of dissolution of Parliament on election petitions and appeals; procedural delay and record preparation; application and purpose of Elections Act s.115(2).	10 November 2000
Utamwa v Attorney General and Another (Civil Appeal No. 40 of 2000) [2000] TZCA 113 (10 November 2000) (From the Judgment and Decree of the High Court of Tanzania at Iringa, Mwaikasu, J., dated 15 November 1997, in Miscellaneous Civil Case No. 1 of. 1995) Election Petitions — Appeals - Delay in processing appeal record - Appeal seeking a declaration that election results were null and void - Appeal called up for hearing after Parliament is dissolved - Whether the court has jurisdiction to hear the appeal. Civil Practice and Procedure - Appeals - Appeals in election petitions - Appeal seeking a declaration that election results were null and void - Appeal seeking the relief after Parliament is dissolved - Whether the Court of Appeal has jurisdiction.	10 November 2000