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

11 judgments

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11 judgments

Citation	Judgment date
March 2004
Issack Sebegele vs Tanzania Portland Cement Co. Ltd (Civil Application No. 25 of 2002) [2004] TZCA 164 (31 March 2004) Notice of appeal signed by registry officer is not incompetent; Registrar’s duty to ensure endorsement does not invalidate it. Court of Appeal — Civil procedure — Notice of appeal — Rule 76 and Form D — Whether personal signature of Registrar/Deputy Registrar is required — Effect of Rule 15 endorsement duty — Prior authorities departed from.	31 March 2004
Hamisi Salimu vs Republic (Criminal Appeal No. 45 of 2001) [2004] TZCA 82 (23 March 2004) Court upheld murder conviction and death sentence, rejecting automatism, provocation and mistake of fact defences. Criminal law – Murder – Malice aforethought established by savage attack and use of a panga; Automatism (s.10 Penal Code) unavailable where post-offence concealment indicates consciousness; Provocation requirements (act, loss of self-control, proportional retaliation) not met; Mistake of fact (s.11 Penal Code) not proved; Death sentence upheld.	23 March 2004
Haruna Mohamed vs Mathew Lwali (Criminal Appeal No. 30 of 2001) [2004] TZCA 83 (23 March 2004) Circumstantial evidence unsupported by admissible linking or forensic proof cannot safely sustain a murder conviction. * Criminal law – Murder – Circumstantial evidence – Requirement that such evidence must lead to an irresistible inference that accused and no other person committed the offence. * Evidence – Hearsay – Statements attributed to a deceased third party not given in court are inadmissible unless properly tendered under statutory exceptions. * Evidence – Identification of property – Recovery of items at third party’s house requires specific proof to link items to the crime scene. * Forensic evidence – Blood trail – Necessity of scientific/chemistry proof to establish origin of blood for reliable linkage. * Precedent – Distinguishing authority where accused were actually found at the place where blood trail ended.	23 March 2004
Zuberi Bakari vs Republic (Criminal Appeal No. 109 of 2003) [2004] TZCA 205 (23 March 2004) Reported Criminal Law - Robbery with violence - Evidence of use or threat of actual use of violence to steal or retain stolen property is essential - Section 285 of the Penal Code. Criminal Practice and Procedure - Conviction — Substitution of conviction - Charge of robbery with violence but evidence supports assault occasioning bodily harm and no theft - Power of court to substitute conviction for lesser offence.	23 March 2004
Consolidated Holding Corporation vs Jit Finance Limited and Others (Civil Application No. 120 of 2003) [2004] TZCA 170 (11 March 2004) Court adjourned hearing and ordered status quo maintained pending stay application and service on the unserved respondent. Court of Appeal – stay of execution – adjournment for service on unserved respondent – maintenance of status quo pending determination – Rule 3(2)(a) Tanzania Court of Appeal Rules, 1979.	11 March 2004
Khalifa Seleman Saddot vs Yahya Jumbe and Others (Civil Application No. 20 of 2003) [2004] TZCA 179 (11 March 2004) Nullification of a property sale without hearing the current purchaser violates audi alteram partem; matter remitted for inter partes hearing. * Civil procedure — Revision under s.4(3) Appellate Jurisdiction Act — proper where applicant not party to High Court proceedings and cannot appeal. * Administrative/estate matters — Revocation of purported letters of administration and consequential nullification of dispositions. * Natural justice — audi alteram partem requires hearing of current owner/purchaser before nullifying property disposition. * Remedies — nullification set aside and matter remitted for inter partes hearing; costs to follow event.	11 March 2004
Shabani Daudi vs The Republic (Criminal Appeal No. 28 of 2000) [2004] TZCA 84 (11 March 2004) The appellant's conviction was upheld despite procedural errors, but the illegal 20‑year sentence was reduced to five years. Criminal law – Burden of proof – apparent versus real shift – identification evidence – failure to give prior description – identification five days after offence – private investigations and credibility – right under section 240(3) Criminal Procedure Act to cross‑examine maker of medical report – sentencing jurisdiction of magistrates under section 170(1)(a) Criminal Procedure Act, 1985.	11 March 2004
S.S. Makorongo vs Severino Consigilio (Civil Appeal No . 105 of 1998) [2004] TZCA 199 (11 March 2004) Reported Statute - Retrospective Effect - Statute is amended to take away right of appeal - Whether the amendment has effect on an appeal that was already pending - Section 5(2)(d) of the Appellate Jurisdiction Act 1979, as amended by Act Number 25 of 2002. Appeal — Court of Appeal Rules - Notice of Appeal signed for and on behalf of The Registrar. Whether the notice is valid - Rules 15 and 76 of the Tanzania Court of Appeal Rules 1979.	11 March 2004
Citibank Tanzania Limited vs Tanzania Telecommunications Company Ltd and Others (Civil Application No. 112 of 2003) [2004] TZCA 169 (10 March 2004) Revision is inappropriate where an available statutory appeal exists; revision applications must annex the decision sought to be revised. Civil procedure – Revision v. appeal – Revisional jurisdiction not alternative to appellate jurisdiction; requirement to annex decision sought to be revised; availability of statutory appeal (Companies Ordinance s.220) – competence of application for revision.	10 March 2004
General Tyre E.A. Ltd vs Mandavin Co. Ltd (Civil Application No. 25 of 1997) [2004] TZCA 194 (8 March 2004) Stay granted and garnishee lifted where applicant offered a guarantee bond and respondent could not be traced. Civil procedure – Stay of execution – Ex parte application under Rule 52(2) – Garnishee order – Respondent untraceable – Offer to execute guarantee bond as security – Balancing interests pending appeal.	8 March 2004
Abel Edson Mwakanyamale vs N. B. C ( 1997) Limited (Civil Appeal No. 63 of 2003) [2004] TZCA 167 (1 March 2004) Failure to frame issues and deciding without evidence renders the trial irregular, requiring setting aside and retrial. Civil Procedure – Order XIV r.1(5) CPC – duty to frame and record issues at first hearing; failure to do so; trial conducted by written submissions without evidence; omission to frame issues fatal where it affects parties’ ability to adduce evidence; revisional jurisdiction under s.4(2) Appellate Jurisdiction Act; set aside proceedings and order retrial.	1 March 2004