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.
7 judgments
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Results. 7 judgments found.

7 judgments
January 2015
Revision dismissed; file remitted to High Court to investigate irregular double sale of estate property.
  • Appellate practice — Appellate jurisdiction — Revision — limits of intervention by the Court of Appeal
  • Civil procedure — Administration of estates — enforcement of order to sell estate property by public auction and distribution of proceeds
  • Civil procedure — Procedural irregularity
    • — double sale and competing registration of title
    • — remit to High Court for investigation
29 January 2015
Missing trial and appellate records render the appeal prima facie incompetent; registrars must take concrete steps to trace or reconstruct records.
  • Civil procedure — Competence of appeal — Appeal may be incompetent where Rule 71(4) record (charge sheet, trial and appellate proceedings/judgments) is missing
  • Criminal procedure — Missing court record — Duty of Deputy Registrar to particularize concrete efforts to trace, restore or reconstruct missing records — Reconstruction may
  • Human rights — Fair trial — Allegation of defective charge requires full record to be adjudicated
1 January 2015
Applicants’ stay application failed because Rule 11(2)’s mandatory, cumulative conditions, including security/undertaking, were not met.
  • Civil procedure — Stay of execution
1 January 2015
Failure to attach the impugned order renders a rescission/stay application incompetent.
  • Civil procedure — Rescission/stay applications
    • — Curable defects (e.g. misnaming a party) do not necessarily go to the root of the application
    • — Requirement (practice) to attach the impugned order to the Notice of Motion
1 January 2015
Failure to take a plea to a substituted charge is fatal; court quashed proceedings and remitted file for possible reprosecution.
  • Criminal procedure — substituted/altered charge — mandatory taking and recording of accused’s plea — omission fatal, trial a nullity
    • — defective charge sheet affecting fair trial
    • — not curable
    • — revisional jurisdiction
1 January 2015
Where the LDCA requires High Court leave in land cases, Rule 45(b) cannot be used to obtain a second bite at leave before the Court.
  • Appellate practice — Appeal procedure — Land disputes — Leave to appeal to Court of Appeal is granted by High Court under section 47(1) LDCA
  • Civil procedure
    • — Procedure
    • — Statutory construction — Where LDCA and AJA language is plain, courts must give effect to the statute’s terms
1 January 2015
1 January 2015