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

Court registries

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6 judgments
Citation
Judgment date
April 2004
A party alleging that court-form signatures are not the Registrar’s must prove that assertion; bare assertions fail.
Court Rules — Forms A and D — signature authenticity — party alleging that a court form was not signed by the Registrar must prove the allegation; Evidence Act s.110(1) — bare assertions from counsel insufficient — preliminary objection dismissed with costs.
29 April 2004
A private importer must be joined where declarations nullifying tax remissions would directly affect its legal interests.
Civil procedure — Joinder of parties — Order 1 Rule 10(2) Civil Procedure Code — Necessary and proper party — Declarations affecting validity of tax remissions — Existing and future interests — Natural justice — Representation by Attorney General
14 April 2004
Absence of a lodged notice of appeal renders an application for stay of execution incompetent.
Civil procedure – Stay of execution – Requirement to file notice of appeal under rule 9(2)(b) Court Rules 1979 – notice must appear on the record or be evidenced. Civil procedure – Rule 3(2)(a) cannot be used to displace a specific procedural rule. Civil procedure – Incompetence of stay‑of‑execution application where no notice of appeal has been lodged
8 April 2004
8 April 2004
Extension of time granted where prompt application and respondents’ failure to provide addresses justified non‑service.
Civil procedure – extension of time under Rule 8 – service of notice of appeal – failure to provide address for service – sufficiency of cause – promptness and diligence – Rules 77(1), 83(2), 20(7).
8 April 2004
The applicant’s leave application, filed beyond Rule 43(b)’s 14‑day limit without extension, was incompetent and struck out.
Civil procedure – Leave to appeal – Time limits under Court of Appeal Rules 1979, Rule 43(b) – Application for leave must be filed within 14 days of High Court refusal – Failure to seek extension renders application incompetent – Ex parte proceedings where respondents served by publication – Discretion as to costs when respondents default.
5 April 2004