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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
6 judgments
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6 judgments
Citation
Judgment date
February 2017
Guardian Limited and Another vs Justin Nyari (Civil Application No. 2 of 2015) [2017] TZCA 358 (28 February 2017)
Extension granted where Registrar’s failure to supply appeal record constituted sufficient cause for delay.
Civil procedure – Extension of time – Rule 10 – Registrar’s failure to supply judgment, decree and proceedings as sufficient cause to extend time; rule 96(1) requirements; delay not due to applicants’ dilatory conduct.
 28 February 2017
Guardian Limited and Another vs Justin Nyari (Civil Application No. 2 of 2015) [2017] TZCA 1238 (24 February 2017)
Extension of time to appeal granted where Registrar’s failure to supply vital appeal records constituted sufficient cause.
Court of Appeal — Extension of time — Rule 10, Court of Appeal Rules — Sufficiency of cause — Registrar's failure to supply proceedings, judgment and decree — Rule 96(1) vital documents — Delay attributable to court officers, not applicant — Costs in the cause.
 24 February 2017
Akonaay Sidawe vs Lohay Baran (Civil Application No. 25/02 of 2016) [2017] TZCA 1189 (22 February 2017)
Extension of time granted to file revision where late delivery of ruling, health and advocate’s conduct amounted to sufficient cause.
Civil procedure – Extension of time – Discretionary relief requiring sufficient cause; late supply of judgment, applicant’s health and advocate’s negligence may constitute sufficient cause in appropriate circumstances; 60-day time limit for filing revision applications.
 22 February 2017
Akonaay Sidawe vs Lohay Baran (Civil Application No. 25 of 2016) [2017] TZCA 257 (22 February 2017)
Extension of time granted to file revision; late delivery of ruling, illness and advocate negligence found sufficient cause.
Court of Appeal – extension of time – sufficient cause – late supply of judgment – litigant’s illness and distance – advocate negligence may justify extension depending on circumstances – sixty (60) day limitation for revision.
 22 February 2017
Eliakim Swai & Another vs Thobias Karawa Shoo (Civil Application No. 2 of 2016) [2017] TZCA 162 (22 February 2017)
Extension of time granted where prior incompetent application caused technical delay and an arguable illegality appeared on record.
Civil procedure — extension of time (Rule 10) — good cause — accounting for delay, promptness, diligence — technical delay — incompetent application struck out (Fortunatus Masha) — point of law/illegality apparent on record (res judicata) — Lyamuya principles.
 22 February 2017
Onesmo Nangole vs Dr. Steven Lemomo Kiruswa and 2 Others (Civil Appeal No. 129 of 2016) [2017] TZCA 1287 (22 February 2017)
Filing a fresh record instead of amending as ordered justified expunging the record and striking out the appeal.
Election law – post-election petition – High Court annulment and issuance of certificate for fresh poll under S.113 National Elections Act. Civil procedure – amendment of record of appeal – amendment means correction of existing filed documents, not filing a fresh record. Court of Appeal Rules – Rule 4(2)(a) (striking out for non-compliance) and Rule 96 requirements for record contents. Non-joinder – Court may grant leave to amend and join necessary parties rather than declare appeal incompetent. Procedural compliance – failure to comply with order to amend justifies expunging improperly filed record and striking out appeal.
 22 February 2017