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

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
7 judgments
Citation
Judgment date
January 2019
30 January 2019
Registrar’s authorization of trustees invalidated for failing to verify lawful, monitored meeting and proper documentation.
Trustees' Incorporation Act (s.26, s.17) – validity of change of trustees; requirement of lawful meeting and monitoring; Registrar’s duty to verify minutes and proper forms before authorisation; evidentiary necessity of corrected forms and meeting minutes; limits of relief under s.26 (declaratory jurisdiction vs injunction).
14 January 2019
An improperly issued certificate of delay cannot validate an otherwise time‑barred appeal by the appellant.
Court of Appeal practice — Rule 90(1) CA Rules 2009 — certificate of delay must be issued after preparation and delivery of requested certified copies and specify exact days to be excluded; defective certificate cannot cure a time-barred appeal; distinction between documents for appeal under Rule 90(1) and record contents under Rule 96(1).
14 January 2019
Application for stay pending appeal dismissed for failure to prove substantial loss and to furnish or undertake security.
Civil procedure — Stay of execution pending appeal — Rule 11(2)(d) Tanzania Court of Appeal Rules (2009) — mandatory cumulative requirements: substantial loss, no unreasonable delay, security or firm undertaking — vague assertions of loss insufficient — prospects of success not a prerequisite for stay.
4 January 2019
Revision application precluded where a party has initiated an appeal by lodging a notice of appeal not withdrawn.
Appeal and revision jurisdiction – Revision barred where an appeal process has been initiated – Notice of appeal not withdrawn or abandoned – Stranger/Interested party cannot invoke revision to pre-empt appeal – Attorney General may seek joinder in appeal to protect government interests.
1 January 2019
Suing a specified public corporation without court leave deprives the court of jurisdiction; judgment quashed.
Public Corporations — specified public corporation declared by Government Notice — PSRC as official receiver — Bankruptcy Ordinance bars proceedings against debtor without leave — failure to obtain leave renders suit incompetent and proceedings a nullity — appellate revision under section 4(2) AJA to quash proceedings and judgment.
1 January 2019
Omission of an acknowledged counterclaim from the decree invalidates the decree; rehearing ordered.
Civil procedure — Counterclaim — Duty of trial court to decide counterclaim once raised — Decree must reflect determination of all claims (Order XX r.6(1) CPC) — Omission of counterclaim decision renders decree invalid — Revisional powers to nullify proceedings and order rehearing.
1 January 2019