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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
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Judgment date
July 2015
Hadija Adamu vs Godbless Tumbo (Civil Application No. 33 of 2014) [2015] TZCA 898 (15 July 2015)
Applicant’s documented efforts and struck-out applications constituted good cause to extend time to seek a stay of execution.
Civil procedure – extension of time – Rule 10 Court Rules 2009 – "good cause" shown by repeated attempts to obtain stay and procedural setbacks. Civil procedure – stay of execution – procedural irregularities resulting in struck-out applications may justify extension. Civil procedure – hearing in absence of respondent – Rule 62(2) Court Rules 2009.
 15 July 2015
Jubilate Benjaminb Ulomi vs Mako Mining Company (Civil Appeal No. 110 of 2014) [2015] TZCA 555 (15 July 2015)
Appeal allowed: procedural error and no breach—contract expired and renewal required mutual consent.
Civil procedure – preliminary objection – pecuniary jurisdiction – amendment of plaint after objection – failure to determine objection goes to root of trial. Contract law – duration and renewal – fixed three-year term and renewal only by mutual consent; termination after expiry not breach. Remedies – contractual penalty and general damages – entitlement contingent on proven wrongful termination.
 15 July 2015
Sophia Mdee vs Andrew Mdee & Others (Civil Appeal No. 5 of 2015) [2015] TZCA 573 (13 July 2015)
High Court appeal from a District Court (originating in a Primary Court) was time-barred; High Court proceedings quashed.
Appeals — appeals to High Court from District Court in matters originating in Primary Court — petition filed in District Court within 30 days (s.25(1)(b), (3)-(4) Magistrates' Courts Act) — certified copy of judgment not required (GN.312/1964) — competency — court may raise/decide competence sua sponte — revisional powers under s.4(2) AJA to quash incompetent proceedings.
 13 July 2015
Coroline H. Maeda vs Elijah I. Laiser (Civil Application No. 42 of 2014) [2015] TZCA 928 (9 July 2015)
Notice of appeal served out of time and without required procedural steps was struck out; costs awarded to applicant.
Civil procedure – appeal – notice of appeal served out of time – failure to take necessary procedural steps – striking out notice of appeal – costs awarded.
 9 July 2015
Sabas Bazil Marandu@ Mayahudi vs Republic (Criminal Appeal No. 61 of 2013) [2015] TZCA 789 (9 July 2015)
A conviction based on a single, nighttime identification was unsafe; appeal allowed and sentence quashed.
Criminal law – Identification evidence – Recognition at night using motor vehicle light – need for details as to source, intensity, proximity and duration of observation. Criminal law – Single witness cases – identification evidence must be absolutely watertight before it can sustain a conviction (Waziri Amani; Marwa Wangiti Mwita). Criminal procedure – Conviction unsafe for lack of reliable identification – conviction and sentence quashed.
 9 July 2015
Mariam Idd (As an administratix of the Estate of late Mbaraka Omari) vs Abdulrazack Omary Laizer (As an adminstrator of the estate of the late Abubakar Omari) and Another (Civil Application No. 29 of 2014) [2015] TZCA 896 (8 July 2015)
Applicant granted extension to serve respondents due to illness, prompt corrective action and arguable illegality.
Extension of time – Rule 10 Court of Appeal Rules – Good cause – illness, inadvertence and prompt corrective action – diligence – allegation of illegality as sufficient reason to extend time – service of memorandum and record of appeal.
 8 July 2015
Bertha Urassa vs Guness Kisanga and Others (Civil Application No. 8 of 2014) [2015] TZCA 894 (6 July 2015)
Extension application struck out as premature because High Court leave is prerequisite in land dispute appeals.
Civil procedure – Appeals in land disputes – prerequisite of leave from the High Court under s.47(1) Land Disputes Courts Act; Court of Appeal Rules, r.90(1) – exclusion of time for supply of proceedings where Registrar certifies delay; Registrar's duty to supply copies and issue certificate of delay; Premature/misconceived applications for extension of time where statutory leave not obtained.
 6 July 2015
Mwambeja Njera vs Republic (Criminal Appeal No. 109 of 2009) [2015] TZCA 807 (2 July 2015)
Convictions quashed because an incurably defective charge sheet vitiated the trial; retrial declined.
Criminal law – Statutory rape – Charge sheet must specify separate counts for each alleged offence (s.135(2), s.132 Criminal Procedure Act); incurably defective charge vitiates conviction – Appellate procedure – omission of High Court extension proceedings from record (Rule 71(4)(b)) – Revisional powers – retrial ordered only when interest of justice requires.
 2 July 2015