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.
3 judgments

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3 judgments
Citation
Judgment date
March 2016
Failure to involve and properly address assessors breached statutory requirements, nullifying the trial and prompting a retrial.
Criminal procedure — Assessors’ participation — Failure to allow assessors to question witnesses (s.177 Evidence Act) and inadequate summing-up to assessors (s.298(1) CPA) — Mandatory requirement to try High Court criminal cases with assessors (s.265 CPA) — Trial nullity — Retrial ordered.
1 March 2016
An application combining requests to strike out Notices of Appeal from different High Court decisions is incompetent and struck out.
Court of Appeal Rules — Procedure — Omnibus applications — Whether a single application may seek relief in respect of Notices of Appeal originating from different High Court decisions — Incompetence of omnibus applications; party to file separate applications.
1 March 2016
Applicant met Rule 11(2) stay requirements; stay granted on undertaking to provide separate land as security.
Court of Appeal Rules 2009 — Rule 11(2) stay of execution — cumulative requirements: Notice of Appeal, good cause, substantial loss, promptness, and security — undertaking to provide security (bond on separate land) may suffice — respondent’s failure to reply considered.
1 March 2016