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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
7 judgments
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7 judgments
Citation
Judgment date
August 1995
Nationall Bank of Commerce vs Macu Shah Limited (Civil Appeal No. 31 of 1993) [1995] TZCA 65 (21 August 1995)
Whether a company was validly dissolved and whether a non‑party successor could be condemned to repay a debt.
Company law – striking‑off and dissolution – requirements under Companies Ordinance; Civil procedure and natural justice – inability to condemn or substitute non‑party successor; Property/security – release of title deeds to correct party.
 21 August 1995
Bura v Mubiru (Civil Appeal No 40 of 1993) [1995] TZCA 122 (3 August 1995)

(From the decision of the High Court of Tanzania at Arusha, Munuo, J) H Land Law - Certificate of right of occupancy - Letter of offer of right of occupancy given jointly to husband and wife - Mortgage deed on right of occupancy executed jointly by husband and wife - Title deed issued in the name of husband alone - Whether proper Contract — Sale of a house jointly owned - One joint owner selling the house without the consent of the other - Whether title can pass. Contract -Illegality - Sale of a house - Two sale documents, with one indicating a lower sale price with the intention to defraud internal revenue - Contract void for illegality - Consequences thereof Evidence - Admissibility - Stamp duty - Sale of a house agreement - Sale document not bearing stamp duty - Whether admissible in evidence. Stamp duty - Sale of a house agreement - Sale document does not bear stamp duty - Whether admissible in evidence.

 3 August 1995
Melita Naikiminjal and Another vs Sailevo Loibanguti (Civil Appeal No. 8 of 1994) [1995] TZCA 72 (3 August 1995)
Whether the disputed land belonged exclusively to the applicant's late father or was common family grazing land.
Land law – Ownership dispute – Whether parcel was exclusive title of deceased father or common family grazing land; Appellate review of factual findings – caution in overturning trial judge; Raising new issues on second appeal – unfair if not raised earlier; Use of prior proceedings’ records – cannot be used to contradict witnesses unless tested at trial.
 3 August 1995
Njoro Furniture Mart Ltd v Tanzania Electric Supply Co Ltd (Civil Appeal No 39 of 1993) [1995] TZCA 121 (3 August 1995)

(From the decision of the High Court of Tanzania at Arusha, £ Munuo, J). Tort - Damages - Whether to include an element to offset the effect of inflation and devaluation. Civil Practice and Procedure - Costs - Court awards the costs of the suit - Whether proper. Civil Practice and Procedure — Interest - From date of filing suit to date of final judgment - Interest on judgment debt

 3 August 1995
Zakaria Barie Bura vs Theresia Maria John Mubiru (Civil Appeal No. 40 of 1993) [1995] TZCA 102 (3 August 1995)
Title fraudulently obtained; sale void for vendor’s lack of consent and contract illegality, appeal dismissed with costs.
Land law – Right of Occupancy and Certificate of Title – fraudulently obtained title; Contract law – sale of matrimonial property – vendor’s incapacity to sell without spouse’s consent; Illegality – contracts to defraud revenue unenforceable; Evidence – documents unenforceable/admissible where stamp duty not paid.
 3 August 1995
Zakaria Barie Bura vs Theresia Maria John Mubiru (Civil Appeal No. 40 of 1993) [1995] TZCA 63 (3 August 1995)
Sale of jointly owned house void for fraud and tax-evasion; purchaser entitled only to refund of purchase money deposited.
Property law – Right of Occupancy – Certificate of title fraudulently obtained in sole name despite joint ownership evidence.* Contract law – Illegality – Contracts collusive to evade tax are void and unenforceable.* Evidence/Revenue law – Failure to pay stamp duty renders instrument inadmissible until duty is paid.* Remedies – Purchaser under an illegal sale may recover the purchase money paid.
 3 August 1995
March 1995
Mwakibete v The Editor - Uhuru, Shirika la Magazeti ya Chama and Another (AR Civil Application for Revision No 8 of 1994) [1995] TZCA 107 (22 March 1995)

Court of Appeal — Jurisdiction - Revisional powers of the Court of Appeal- Whether revisional powers may be invoked as an alternative to the appellate jurisdiction of the Court - Section 2(3) of the Appellate Jurisdiction Act; J979.

 22 March 1995