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.
6 judgments

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6 judgments
Citation
Judgment date
June 2001
Issue estoppel applies in Tanzanian criminal cases and precluded retrial on a previously decided factual issue.
Criminal law — Issue estoppel — Applicability in criminal proceedings in Tanzania; distinction from autrefois (double jeopardy) and estoppel by representation; prior judicial finding of fact binding the prosecution in subsequent trial between same parties; conviction quashed where prosecution estopped.
28 June 2001
Reported
Issue estoppel applies in Tanzanian criminal trials and can bar prosecution from relitigating previously decided factual issues.
Criminal law — Issue estoppel applicable in criminal trials in Tanzania; distinction between issue estoppel and autrefois acquit; prosecution estopped from relitigating factual issues already decided in accused’s favour; courts may quash convictions on that ground; revisional powers to expunge convictions.
28 June 2001
Reported

Appeals - Appeals to the Court of Appeal - Requirement of leave to appeal
under the Appellate Jurisdiction Act 1979 -- Written law providing for
automatic right of appeal - Whether leave to appeal is still necessary
requirement - Section 5(1) of the Appellate Jurisdiction Act 1979 and
section 17(5) of the Law Reform (Fatal Accidents and Miscellaneous
Provisions) Ordinance Chapter 360.
Natural Justice - Right to be heard - Right of Occupancy revoked after receipt
of a letter from the respondent explaining why his right of occupancy
should not be revoked - Whether there was breach of natural justice.

21 June 2001
A revocation for failure to meet express title-deed building conditions is justified even absent stated reasons; appeal allowed with costs.
Land law – revocation of occupancy/title – compliance with title-deed conditions (building per approved plans; completion deadline) – natural justice – requirement to give reasons for administrative revocation – presumption that submissions were considered – failure to obtain municipal approval – revocation justified.
21 June 2001
Respondents’ failure to pursue certified copies and reapply for leave amounted to abandonment; notice of appeal struck out with costs.
Civil procedure – striking out notice of appeal – failure to take essential steps (obtain certified copies, reapply for leave) – struck out under Court Rules; duty of party diligence vs. registry delay; application struck out ceases to exist.
20 June 2001
Applicant’s review allowed in part: general damages upheld, interest fixed and backdated, defamation finding sustained.
Civil procedure — Review of Court of Appeal judgment — Award of unpleaded general damages — Power to grant general relief; Post-judgment interest — governed by Order 20 Rule 21 but court’s awarded rate and commencement date; Defamation — adequacy of opportunity to contest issue on appeal.
11 June 2001