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

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7 judgments
Citation
Judgment date
March 2002
Reported
Interim suspension without a hearing breaches the right to a fair hearing; statutory dock-fees were unconstitutionally low.
• Civil procedure — Rule 87(2) — Notice of cross-appeal — Filing before service of record — permissible where no prejudice shown.• Administrative/fundamental rights — Audi alteram partem — Interim suspensions under s.22(2) Advocate Ordinance require an opportunity to be heard.• Constitutional law — Article 13(6)(a) — Right to fair hearing infringed by suspension without adequate hearing.• Labour/remuneration — Article 23(2) — Fixed statutory fees (Act 21/1969 s.4(2) amounts) so low as to infringe right to just remuneration — amounts severed and struck out.• Remedies — severance, damages (Tshs.10,000,000), interim fee increase (Tshs.100,000 per brief) pending legislative action.
5 March 2002
Reported
Interim suspension without hearing breaches fair hearing; statutory low legal-aid fees severed as unconstitutional and interim fees ordered.

Procedure — Cross-appeal — notice of cross-appeal may be filed before service of memorandum and record where respondent is clearly aware and no prejudice results (Rule 87).; Constitutional & Administrative Law — natural justice — interim administrative/judicial suspension engages audi alteram partem and right to fair hearing (Article 13(6)(a)).; Constitutional Law — right to just remuneration — statutory ceilings on legal aid fees (s.4(2) Legal Aid (Criminal Proceedings) Act 1969) unconstitutional to the extent of prescribing grossly inadequate fixed amounts (Article 23(2)); Severance — court may strike out offending figures and provide interim remedy.; Remedy — court may provide interim fees pending legislative correction; Attorney General’s duty to amend legislation disclosed and remissness found.

5 March 2002
February 2002
An appeal filed after 60 days without proven service of proceedings cannot rely on the proviso and is time‑barred.
Civil procedure – Appeal competence – time‑barred appeals under rule 83(1) Court of Appeal Rules – proviso to rule 83(1) – requirement to apply to Registrar for proceedings and to serve respondent – proof of service by affidavit – credibility findings – striking out appeal with costs.
27 February 2002
Application for revision filed outside the limitation period was struck out; preliminary objection sustained.
Civil procedure – Revision – time bar – application for revision filed more than five years after impugned decision – incompetence for delay. Civil procedure – Preliminary objection – limitation – effect of concession and absence of explanation for delay. Appellate Jurisdiction Act s.4(3) – limits on Court acting suo motu to initiate revision where preliminary objection is raised and conceded.
27 February 2002
Amended memorandum valid but excess detail expunged; omission of irrelevant sketch-map from record not fatal to appeal.
Civil procedure — Amendment of memorandum of appeal — Rule 47(1) — amended memorandum must conform to court order; unnecessary elaboration may be expunged. Civil procedure — Record of appeal — Rule 89(2) governs appeals to the High Court in appellate jurisdiction; record need only correspond as nearly as may be to sub-rule (1) and may omit irrelevant documents. Civil procedure — Preliminary objections — once lodged, defects generally cannot be cured to defeat the objection, but correctness of cited rule and relevance of omitted documents are decisive.
7 February 2002
January 2002
Insufficient evidence of premeditation and uncertainty about the fight led to substitution of murder conviction with manslaughter.
Criminal law – murder v. manslaughter – identification evidence and corroboration – reliability of extra-judicial admissions and flight – insufficiency of evidence on the dynamics of a fatal fight; premeditation must be supported by evidence.
17 January 2002
A notice of appeal filed before the reasoned judgment was delivered is premature; appeal struck out with costs.
Civil procedure – meaning of "judgment" (s.3 CPC; Order XX r.4) – premature Notice of Appeal – decree and memorandum must accord with judgment – defective appeal documents – appeal struck out with costs.
1 January 2002