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
July 2003
Rabdiel Philemon Muro vs Diamond Motors Ltd (Civil Appeal No. 34 of 1998) [2003] TZCA 52 (29 July 2003) Court upheld transfer of vehicle to appellant, estopped respondent from claiming arrears; specific damages require strict documentary proof. Sale of goods – pro-forma invoices and validity periods – payment receipts and registration card – estoppel by conduct; Ownership dispute where third-party loan exists – stranger cannot rely on loan to assert title; Damages claims – strict proof required for specific loss and travel/accommodation expenses.	29 July 2003
Registered Trustees of Social Action Trust Fund and Another vs Happy Sausages Ltd and Others (Civil Appeal No. 70 of 2002) [2003] TZCA 126 (29 July 2003) Reported Civil Practice and Procedure -Bias — Test to be applied where there is allegation of bias. Civil Practice and Procedure - Disqualification of a Judge from hearing a case —Grounds for invoking such a step. Civil Practice and Procedure - Injunction — Distinction between an injunction "ad interim ” and a temporary injunction..	29 July 2003
Registered Trustees of Social Action Trust Fund & Another vs Messrs Happy Sausages Limited & Others (Civil Appeal 70 of 2002) [2003] TZCA 26 (29 July 2003) Reported Alleged judicial bias not established; ex-parte interim order lawful, appeal dismissed but matter reassigned to another judge. Judicial bias – disqualification – alleged recording errors, ex-parte injunction, failure to cite authorities and immoderate language – whether these establish apparent bias. Interim relief – ex-parte/temporary injunction – power under Order XXXVII rules 1 and 2 where altered/urgent circumstances exist. Test for apparent bias – fair-minded and informed observer inquiry (Porter v Magill formulation). Duty of judge to give reasons – Order XX r.4 Civil Procedure Code.	29 July 2003
Benson Kibaso Nyakonda and Another vs Republic (Criminal Application No. 6 of 1999) [2003] TZCA 74 (25 July 2003) Court heard delayed review due to alleged fraud, found fraud unproven and identification evidence reliable, and dismissed the application. Criminal procedure – review of appellate judgment – inordinate delay but allegation of fraud may justify hearing; fraud must be credibly established. Evidence – single-witness identification – sufficiency of opportunity, reliability and trial judge’s evaluation. Identification parade – procedural guidelines are for guidance and shortcomings ought to be raised at trial or on appeal.	25 July 2003
Ezekiel Chenge vs Adam Kaita (Civil Appeal No. 39 of 2001) [2003] TZCA 116 (25 July 2003) Appeal to restore a suit struck out for want of prosecution dismissed for unexplained delay and lack of relevant supporting affidavit. Civil procedure – restoration of a suit struck out for want of prosecution – plaintiff’s duty to prosecute and follow up proceedings – relevance and timing of evidence in applications to set aside strike-out – need for affidavit evidence before trial judge – appellate review of discretionary refusal to restore.	25 July 2003
Shakila Malick vs Said Almasi (Tbr. Civil Appl. No. 3 of 1999) [2003] TZCA 76 (25 July 2003) Application for stay of execution dismissed as execution was already carried out; applicant may sue for repossession. Civil procedure – Stay of execution – application under Rule 9(2)(b) – application overtaken by events where property already attached and sold. Execution – attachment and sale of chattel – stay cannot be granted after execution completed. Remedies – action for repossession against seller and purchaser; objection proceedings under Order 21 Rule 57 not appealable.	25 July 2003
Tanzania Fish Processors Ltd vs Christopher Luhanyula (Civil Application No. 13 of 2003) [2003] TZCA 98 (25 July 2003) A stay of execution was granted pending appeal on balance of convenience, subject to a Tshs 30,000,000 security deposit. Civil procedure – stay of execution pending appeal – validity and timing of notice of appeal – requirement of leave to appeal – balance of convenience – security deposit as condition for stay.	25 July 2003
Lucas s/o Manyilizu vs Republic (Criminal Appeal No. 29 of 1999) [2003] TZCA 48 (14 July 2003) Appellate court upheld murder conviction: untendered police statements inadmissible, provocation and intoxication defences unavailable. Criminal law – murder – admissibility of prior police statements – statements not tendered are not part of the record and cannot be relied upon; Provocation – section 202 Penal Code – requires wrongful act/insult likely to deprive ordinary person of self-control; Intoxication – voluntariness and capacity to form intent must be established to avail defence.	14 July 2003
Elisha Ndatamye vs Republic (Criminal Appeal No. 51 of 1999) [2003] TZCA 47 (2 July 2003) The applicant’s murder conviction upheld: identification reliable, alibi insufficient, appeal dismissed. Criminal law – Murder – Visual identification in daylight by a familiar witness; Evidence – Discrepancies between police statement and courtroom testimony – immaterial inconsistencies; Defence of alibi – accused need not prove alibi, must raise reasonable doubt; Circumstantial evidence – inculpatory facts must be incompatible with any reasonable hypothesis of innocence.	2 July 2003
Godluck Maganga vs Republic (Criminal Appeal No. 50 of 1999) [2003] TZCA 46 (1 July 2003) Murder conviction quashed: dying declaration improperly admitted, conviction reduced to manslaughter with ten-year sentence. Criminal law – murder v manslaughter; admissibility of dying declarations under s34-B Evidence Act; requirements of s34B(2) cumulative; self-defence not raised on record; accomplice evidence; 'mob justice' no lawful defence; appellate substitution of conviction and sentence.	1 July 2003