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

11 judgments

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11 judgments


July 2003
Registered Trustees of Social Action Trust Fund and Another vs Happy Sausages Ltd and Others (Civil Appeal No. 70 of 2002) [2003] TZCA 126 (29 July 2003) Reported Civil practice and procedure — Disqualification — Grounds for invoking such a step — Injunction Civil procedure — Civil practice and procedure -bias — Test to be applied where there is allegation of bias	29 July 2003
Registered Trustees of Social Action Trust Fund & Another vs Messrs Happy Sausages Limited & Others (Civil Appeal 70 of 2002) [2003] TZCA 26 (29 July 2003) Reported Alleged judicial bias not established; ex-parte interim order lawful, appeal dismissed but matter reassigned to another judge. Civil procedure — interim relief — ex-parte/temporary injunction	29 July 2003
June 2003
Joseph M. Mutashobya vs M/s Kibo Match Group Limited (Civil Appeal 53 of 2001) [2003] TZCA 21 (11 June 2003) Reported Private employer validly terminated a fixed‑term contract by paying salary in lieu; no implied duty to give reasons. Employment law — Fixed-term contracts — Termination by mutual contract terms or notice — Termination by payment in lieu under contractual clause Administrative law — Duty to give reasons — Limited to public authorities and not impliedly applicable to private contracts Constitutional law — Right to work — Alleged denial not adjudicated where not pleaded or framed at trial	11 June 2003
Joseph M. Mutashobya vs M/S Kibo Match Group Limited (Civil Appeal No. 53 of 2001) [2003] TZCA 124 (11 June 2003) Reported Human rights — Basic rights — Right to Work — Whether termination of employment by employer is violative ofthe employee's constitutional right to work Labour law — Contract of Employment — Termination of contract of employment — Termination of employment contract entered into for specified period Whether Employer may terminate it before expiry ofthe specified period — Whether employer may decide to terminate it without giving reasons	11 June 2003
May 2003
Mariam Mariki vs Republic (Criminal Appeal No. 121 of 1999) [2003] TZCA 39 (28 May 2003) Robbery conviction reversed for lack of proof of theft; conviction substituted to causing grievous harm and sentence quashed. Criminal law — Robbery with violence — where theft is only alleged by a single witness with opportunity to steal, conviction unsafe	28 May 2003
Martin Wilson and Another vs Mrs. Demetria E. Mosha (Civil Appeal No. 75 of 2001) [2003] TZCA 95 (27 May 2003) Appeal struck out as time‑barred because appellant failed to serve respondent with Registrar application required by Rule 83(2). Civil procedure — Court of appeal rules 1979 — appeal competence/time‑bar — computation of time for instituting appeal — procedural compliance and preliminary objections	27 May 2003
Mathias Mallya as Legal Representativs of Rev J.P Mallya vs Anthony Thomas Temba and Another (Civil Appeal No. 30 of 1995) [2003] TZCA 40 (27 May 2003) No jurisdictional defect and no proof of fraud in acquisition of disputed plots; appeal dismissed with costs. Property dispute; agency and fiduciary duty; alleged fraudulent acquisition of land; jurisdiction under Rent Restriction Act; second appeal limited to law or law and fact from first appeal; sufficiency of evidence of fraud.	27 May 2003
Laban Shadrack vs Republic (Criminal Appeal No. 75 of 2001) [2003] TZCA 56 (26 May 2003) Appellant's murder conviction upheld based on credible child testimony and forensic reports showing fatal head injuries. Criminal law — Evidence — competence of child witness under section 127 Evidence Act — Credibility and section 127 compliance — Murder — malice aforethought — requirement of proof of accused's knowledge of facts relied on to establish malice Criminal procedure — Appeal — Deference to trial court credibility findings — Contradictions not raised at trial — Not a ground to upset credibility finding	26 May 2003
Nduminsari Ismael Kimaro vs Republic (Criminal Appeal No. 78 of 2001) [2003] TZCA 55 (20 May 2003) Tearing of garments and a struggle, without more, did not prove attempted rape beyond reasonable doubt. Criminal law — corroboration — lack of independent corroborative evidence renders conviction unsafe — sexual offences — attempted rape — Penal Code ss 132(1), 380 — substitution of conviction — lesser offence of assault occasioning actual bodily harm	20 May 2003
Peter Emmanuel vs Republic (Criminal Appeal No. 56 of 1998) [2003] TZCA 75 (8 May 2003) Appellant ordered released after court quashed an irregular enhanced sentence and remitted the appeal for proper hearing. Criminal law — sentencing — irregular/muddled sentencing entries and committal warrants — validity of imprisonment based on irregular order Criminal procedure — consolidation of appeals — apparent consolidation without hearing — appeal premature Judicial review — quashing of improperly made sentence enhancement and remitting the appeal for proper hearing Prison law — release order where incarceration stems from quashed or unlawful order	8 May 2003
March 2003
Hussein Ali Dotto vs Republic (Criminal Appeal No. 42 of 1996) [2003] TZCA 41 (7 March 2003) Identification by familiar witnesses upheld despite irregular search; use of pangas/knife constitutes armed robbery — appeal dismissed. Criminal law — Armed robbery — use of pangas/knives qualifies and attracts 30‑year sentence — Proof of ownership of seized property — receipt/description required — Robbery with violence — identification evidence where witnesses were familiar with accused — prior description not always decisive	7 March 2003

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