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.
9 judgments

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9 judgments
Citation
Judgment date
December 1991
Bailee liable for value of stolen engine; loss-of-use disallowed where vehicle was already unusable; general damages reduced as excessive.
Contract / Bailment – duty of bailee under section 103 to take ordinary care – liability for value of stolen goods held in custody.* Damages – restitution in integrum – monetary compensation for value of lost engine but not for loss of use where vehicle was already unroadworthy.* General damages – need not be pleaded in particulars; quantum is primarily for trial judge; appellate interference only for wrong principle, irrelevant consideration, omission of relevant facts, or inordinate award.
23 December 1991
October 1991
A bailee failing statutory care is liable for theft of vehicle parts; exemption clauses do not cover fundamental breach.
Bailment — duty of care — section 103 Law of Contract Act — bailee liable for loss where ordinary care not exercised Exemption / exclusion clauses — construction — do not cover situations arising from fundamental breach going to root of contract Proof of special damages — plaintiff must plead and prove special damages; unproven special damages disallowed Remedies — replacement of engine and gearbox; general damages for loss of use; costs
29 October 1991
Proceedings about unsurveyed land heard by a court lacking jurisdiction are null and void; constitutional issues unresolved.
Civil procedure – Jurisdiction – Suit involving unsurveyed land – Section 63(1) Magistrates' Courts Act 1984 does not empower the High Court to order commencement of such suits before itself; proceedings wrongly before court are null and void. Constitutional law – Allegation that a cooperative society constitution barred a resigning member from recovering land and may affect individual constitutional rights (article 24) — raised but not decided due to jurisdictional defect.
29 October 1991
Appeal dismissed: 1948 Mangi allocation to church upheld; appellant failed to prove adverse possession.
Land law – customary allocations – authority of headman (Mchili) versus chief (Mangi) to allocate or revoke licences; adverse possession – requirements and effect of protest by true owner; civil procedure – reliefs pleaded in defence versus counterclaim; evidence – admissibility and weight of secondary documents (primary court judgment, minutes, sketch plan).
23 October 1991
22 October 1991
Reported

Criminal Law - Murder - Intoxication as a defence to murder - Not established where the conduct of the accused is inconsistent with a person intoxicated.
Criminal law - Murder - Defence of provocation - Not available where the deceased did not utter or do the acts of provocation alleged.

22 October 1991
Appellant's intoxication and claim of provocation insufficient to displace conviction for murder; appeal dismissed.
Criminal law – Murder – Effect of intoxication on criminal capacity – Provocation as partial defence – Assessment of credibility and post-offence conduct in proving intent.
22 October 1991
June 1991
High Court lacked original jurisdiction over suit for unregistered land; proceedings were nullity and appeal allowed.
Jurisdiction of High Court – suits for possession of unregistered land – Magistrates' Courts Act (s.57(1)/s.63(1)) – requirement for leave – effect of proceedings where court lacks original jurisdiction – reliance on Lyamuya's Case.
24 June 1991
January 1991
Appellate court dismisses challenge to consecutive manslaughter sentences absent misdirection or manifest excess.
Criminal law – Manslaughter (s195 Penal Code) – Sentencing – Consecutive sentences – Appellate interference only where sentence is manifestly excessive, judge acted on wrong principle, or ignored material factors.
17 January 1991