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.
7 judgments

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7 judgments
Citation
Judgment date
May 2001
Application to strike out notice of appeal dismissed; respondent’s delays excused and appeal properly pursued.
Civil procedure – striking out notice of appeal; delay and inactivity – whether prolonged inactivity amounts to abandonment; due diligence – reminders to Registrar and counsel’s illness; leave to appeal granted; applicant’s delay in seeking relief.
30 May 2001
Applicant failed to prove irreparable harm or balance of convenience; stay of execution pending appeal refused.
Civil procedure — Stay of execution pending appeal — Requirement to show balance of convenience and particulars of irreparable harm — Delay in seeking stay and comparative possession relevant to discretion to grant stay.
29 May 2001
The court dismissed the appeal, upholding denial of readmission and finding no prejudice from omitted land-officer evidence.
Civil procedure – readmission of appeal – want of prosecution – counsel’s repeated absence and lack of diligence; Evidence – non-production of land officer – revocation of title – whether omission prejudiced appellant; Jurisdiction – section 22(2) Land Ordinance – objection to forum – raising jurisdictional issues at any stage.
29 May 2001
Reported
An involuntary confession procured by torture is inadmissible under section 29, even if its contents appear true.
Evidence Act s.29 — admissibility of confessions; voluntariness requirement; promises/threats vs. torture; retracted confessions and corroboration; trial-within-a-trial; Tuwamoi misapplied.
17 May 2001
Reported

Evidence - Confession - Admissibility of confessions - Confession contained n
in a statement involuntarily made - Whether admissible - Sections 27, 28
and 29 of the Evidence Act 1967.

17 May 2001
A stay of execution was granted because the intended appeal raised a serious jurisdictional issue and security was not required.
Civil procedure – stay of execution – application raising serious question as to trial court's jurisdiction – stay appropriate pending appeal – security not ordered where respondents vague and not strongly opposed.
16 May 2001
Applicant failed to show sufficient cause to restore an appeal or to extend time to join a legal representative; appeal had abated and application dismissed with costs.
Civil procedure – restoration of appeal dismissed for non-appearance – requirement to show 'sufficient cause' under Order XXXIX Rule 19; Limitation law – death of sole appellant – requirement to join legal representative within 90 days under First Schedule to the Limitation Act – failure to do so causes abatement; Section 14 Limitation Act – principles for condonation of delay and discretionary nature of extension of time; procedural impropriety of raising preliminary objections to affidavits in concluding submissions.
11 May 2001