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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.

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26 Kivukoni Road Building P.O. Box 9004, Dar Es Salaam, Tanzania.
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https://jmap.judiciary.go.tz/jmap/jmap-coa
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8 judgments
Citation
Judgment date
December 1994
Jewels & Antiques (T) Ltd v National Shipping Agencies Co Ltd (Revision No 26 of 1994) [1994] TZCA 110 (5 December 1994)
Reported

Civil Practice and Procedure - Correction of errors - Clerical and arithmetical mistakes in judgments, decrees and orders, arising from accidental slip or omission - Whether application to correct  such mistakes is subject to the law of limitation - Item 21 First Schedule to the Law of Limitation Act 1971 and s 96 of the Civil Procedure Code 1966.

Civil Practice and Procedure - Clerical and arithmetical errors - Application to correct such errors-Application to amend the decree so as to include compensation for inflation and devaluation -Whether an application for correction of clerical and arithmetical errors.
Court of Appeal - Revisional jurisdiction of the Court of Appeal -Whether a party may pursue and use the revisional jurisdiction of the Court even after filing Notice of Appeal - Section 4 of the Appellate Jurisdiction Act 1979, as amended by Act No 17 of
1993.

 5 December 1994
November 1994
Chichi v Republic (Criminal Appeal No 99 of 1994) [1994] TZCA 139 (28 November 1994)
Reported

Criminal law - Murder - Self-defence - Whether plea of self-defence is available to a person who started the fight.
Criminal Law - Homicide - Death occurring as a result of a fight - Whether it is murder or manslaughter.

 28 November 1994
Director of Public Prosecutions v Mathayo (Criminal Appeal No. 126 of 1993) [1994] TZCA 133 (28 November 1994)

Criminal Practice and Procedure — Adjournment — Adjournments in trials before subordinate courts - Trial court granting adjournment beyond aggregate of 60 days - Whether proceedings are vitiated - „ Sections 225(4) and (5) of the Criminal Procedure Act, 1985

 28 November 1994
Director of Public Prosecutions vs Fonja Mathayo (Criminal Appeal No. 126 of 1993) [1994] TZCA 72 (28 November 1994)
Breach of section 225 CPA does not automatically render a trial void unless prejudice to the accused is shown.
Criminal procedure — section 225 CPA — adjournments exceeding statutory periods without prescribed certificates — effect of non-compliance; Whether procedural breach automatically voids trial or requires demonstration of prejudice; Safeguard of accused’s liberty; Remittal to High Court to decide appeal on merits.
 28 November 1994
Moses Mungastani Mlaizer @ Chichi vs The Republic (Criminal Appeal 99 of 1994) [1994] TZCA 57 (28 November 1994)
Where death occurs in a fight, misdirection on self‑defence warrants substituting murder with manslaughter; sentence 10 years.
Criminal law – homicide – distinction between murder (s196) and manslaughter (s195) where death occurs in the course of a fight; self‑defence available even where accused participated in the fight if facts warrant it. Trial irregularity – misdirection by trial judge on self‑defence. Evidence – rejection of prosecution’s ambush/robbery theory where inconsistent with witnesses and surrounding facts. Sentencing – use of a knife as aggravating factor warranting substantial custodial term.
 28 November 1994
July 1994
Director of Public Prosecutions vs Leons Silayo Ngalai (Criminal Appeal No 109 of 1990) [1994] TZCA 64 (13 July 1994)
A disobedience charge cannot stand where the administrative order relied upon is unlawful; acquittal upheld.
Criminal law – Offence of willful disobedience – Validity of administrative order is prerequisite to conviction under s.169(1)(a) Cooperative Societies Act. Administrative law – Assistant Registrar’s powers – s.106(1) Cooperative Societies Act – failure to consult Secretary‑General renders orders unlawful. Prosecutorial duty – Attorney‑General’s Chambers should scrutinize administrative records before instituting prosecutions.
 13 July 1994
Lohay Akonaay and Another vs The Hon. Attorney General (Civil Application 43 of 1994) [1994] TZCA 47 (10 July 1994)
Time for a Rule 57 reference runs from delivery of the order; late filing without sufficient cause dismissed with costs.
Civil procedure — Rule 57 (reference from single judge) — computation of time — time runs from date of pronouncement/delivery of order — Rule 8 (enlargement of time) — sufficient cause — lateness and negligence — costs.
 10 July 1994
June 1994
Incar Tanzania Limited vs M/s Magugu Farm Limited (Civil Appeal 30 of 1993) [1994] TZCA 40 (1 June 1994)
Seller reserved right of disposal; property did not pass and buyer awarded refund and damages.
Sale of Goods – unascertained goods – appropriation to contract – conditional appropriation where seller reserves right of disposal. Sale of Goods – passing of property – reservation of right of disposal prevents property passing to buyer. Consignment to seller's own branch – prima facie reservation of disposal. Carrier/bailee – delivery to carrier does not transfer property if right of disposal reserved. Buyer’s refusal to accept damaged goods reasonable where seller remained owner. Assessment of damages – avoid duplicative awards; award loss-of-use with interest; costs for two counsel in complex commercial litigation.
 1 June 1994