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.

Physical address
26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
3 judgments

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3 judgments
Citation
Judgment date
August 2000
Failure to serve the applicant within seven days at the notified address breached mandatory rule 77(1) and the notice was struck out.
Court Rules 1979 — service of notice of appeal — rule 77(1) mandatory seven-day requirement — rule 77(2) address for service — hearsay evidence on service — breach fatal; strike out under rule 82.
25 August 2000
Applicant granted certificate to determine applicability and effect of the Customary Leasehold (Enfranchisement) Act, 1968.
Appeal procedure – certificate of point of law – Court may issue certificate where allegation of contravention of statute exists; statutory provisions may be considered though not raised by parties – applicability and effect of Customary Leasehold (Enfranchisement) Act, 1968.
24 August 2000
Conviction in absence under s.227 is permissible where attendance cannot be secured and cannot be set aside by later appearance.
* Criminal law – conviction in absence – s.227 Criminal Procedure Act – court may proceed where accused's attendance cannot be secured without undue delay. * Criminal procedure – distinction between s.226 and s.227 – setting aside convictions in absence (s.226) vs. finality of convictions under s.227 (only appeal available). * Plea-taking – plea properly taken at initial hearing; no need to retake absent change of charge or other necessity. * Case-to-answer rulings – no requirement to give reasons unless defence formally submits no case to answer. * Evidence – possession of stolen vehicle and incriminating exhibits can support conviction where accused declines to defend.
11 August 2000