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.
5 judgments

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5 judgments
Citation
Judgment date
October 1984
Reported

Land Law - Customary leasehold - Lease surrendered before application of Enfranchisement Act - Whether land enfranchised - Customary Leaseholds(Enfranchisement) Act No. 47 of1968.
Civil Practice and Procedure - Jurisdiction - Customary leasehold - Customary Land Tribunal and Minister for Lands - Whether, they have jurisdiction over land formerly held under a customary leasehold but ceased to be so held before application of Enfranchisement Act.
Civil Practice and Procedure - Appeal - Customary land Tribunal - Appeal to Minister - Additional evidence - Whether party has right to cross-examine witnesses against him.
Civil Practice and Procedure - Appeal - Customary Land Tribunal - Appeal to Minister - Parties - Whether persons not parties to original proceedings can be joined. 
Civil Practice and Procedure - Appeal - Customary Land Tribunal - Appeal to Minister - Decision does not identify persons entitled to award - Whether proper.
Civil Practice and Procedure - Appeal - Customary Land Tribunal - Appeal to Minister - Award given to person not party to proceedings - Whether proper.

1 October 1984
August 1984
Reported

Tort - Nuisance - Standard to be applied in determining degree of interference by nuisance to comfort or convenience - Test of average man - Character of neighborhood.
Tort - Nuisance - When nuisance is actionable - Test of tolerance and acceptability of discomfort and inconvenience.

13 August 1984
Being last seen with the deceased did not suffice to convict the applicant absent circumstantial proof excluding innocence.
Criminal law – Circumstantial evidence – “Last seen” evidence – Conviction requires that inculpatory facts be incompatible with innocence and exclude all reasonable hypotheses of innocence – Insufficiency of evidence to sustain manslaughter conviction.
9 August 1984
Appeal dismissed: evidence proved intent to kill; no provocation or incapacitating drunkenness, murder conviction upheld.
Criminal law – Murder – Malice aforethought – Whether provocation or drunkenness negated intent – Appeal against conviction and death sentence.
6 August 1984
March 1984
20 March 1984