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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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5 judgments
Citation
Judgment date
September 2003
Nelson Mrema and Others vs Kilimanjaro Textile Corporation and Another (Civil Appeal No. 22 of 2002) [2003] TZCA 65 (29 September 2003)
The applicant’s claim for terminal benefits is barred by res judicata because the issue was previously finally decided.
Civil procedure – Res judicata – same parties, directly and substantially same issues, final decision by competent court (Section 9, Explanation IV CPC). Labour law – terminal benefits – repatriation and baggage costs form part of terminal dues. Finality of litigation – withdrawal of appeal and prior adjudication bars subsequent suit. Jurisdiction – LART Tribunal correctly upheld preliminary objection and declined to entertain a matter already decided.
 29 September 2003
Ushirika wa Wauza Samaki Soko Kuu Morogoro vs Morogoro Fish Mongers Co-operative Society and Another (Civil Application No. 138 of 2001) [2003] TZCA 97 (26 September 2003)
Failure to serve a notice of appeal, or to serve it within seven days as required, renders the notice of appeal void and liable to be struck out.
Civil procedure – service of notice of appeal – compliance with Rule 77(1) – service within seven days mandatory. Civil procedure – consequences of non-compliance – Rule 82 – striking out defective notice of appeal. Evidence – proof of service – dispatch book entries and absence of affidavits from alleged recipients.
 26 September 2003
Stanbic Bank (Tanzania) Limited vs Jayant Patel and Another (Civil Application No. 78 of 2001) [2003] TZCA 96 (25 September 2003)
An appellant’s written request for the record within 30 days suffices for Rule 83(1); a strike‑out motion was premature and dismissed.
Court Rules — Appeal procedure — Rule 83(1) proviso — written application for copy of proceedings within 30 days entitles appellant to exclusion of time; Registrar’s receipt date not determinative — strike‑out under Rule 82 premature where appellant complied with Rule 83(1).
 25 September 2003
East African Development Bank vs Blueline Enterprises Limited (Civil Application No. 35 of 2003) [2003] TZCA 99 (18 September 2003)
An application for stay is incompetent if not accompanied by the judgment, ruling or order sought to be stayed.
Civil procedure – Stay of execution – Competency of application lacking attachment of the order sought to be stayed; Execution by garnishee – whether stay is possible; Adjournment/indulgence where record is before appellate court.
 18 September 2003
Alex Maganga vs Director Msimbazi Center (Civil Application 81 of 2001) [2003] TZCA 30 (10 September 2003)
Reported
Leave to appeal refused because the applicant lacked title and could not obtain the injunction sought.
Land law – sale agreement – transfer contingent on consent of Commissioner for Lands; revocation of vendor's title; temporary injunction requires possibility of eventual permanent relief; futility of leave to appeal where substantive relief cannot succeed; leave to appeal under s.5(1)(c) Appellate Jurisdiction Act.
 10 September 2003