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.
13 judgments

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13 judgments
Citation
Judgment date
October 2023
A second‑bite extension is time‑barred if not filed within 14 days and without a Registrar's delay certificate.
Criminal procedure – extension of time – 'second bite' applications – Rule 45(b) Court of Appeal Rules 2009 – 14‑day filing requirement – supporting affidavit – Registrar's certificate under rule 45A(2) – time-barred – application struck out.
31 October 2023
Illegality (jurisdictional defect) in a judgment can justify extending time to file an application for review.
Extension of time — sufficient cause — requirement to account for each day of delay; medical absence evidence; corporate applicant responsibilities; illegality (jurisdictional error) as sufficient cause to enlarge time to file review (Rule 66(1)(d)).
5 October 2023
Failure to conduct a mandatory pre-hearing investigation rendered an otherwise substantively fair dismissal procedurally unfair.
Employment law – dismissal – procedural fairness – requirement under rule 13(1) of the Code of Good Practice to conduct an investigation before a disciplinary hearing and to provide the investigation report to the employee; failure to investigate renders termination procedurally unfair even if substantive grounds are fair. Procedural defects – failure to inform of appeal rights or provide outcome in specified form may not always prejudice employee if prompt recourse to CMA was taken.
5 October 2023
Proceedings, judgment and decree continuing with deceased parties on record are irregular and must be nullified and remitted.
Civil procedure – death of party – substitution of legal representatives – O. XXII r.2 CPC; Proceedings continued without substitution – irregularity vitiating proceedings, judgment and decree; Appellate jurisdiction – s.4(2) AJA – nullification, quashing and remittal as appropriate remedy.
5 October 2023
An application for leave to appeal is incompetent where the impugned High Court order is interlocutory and does not finally determine the suit.
Appellate Jurisdiction Act s.5(2)(d) – interlocutory/preliminary orders – appeal or revision barred unless order finally determines suit; leave to appeal; incompetence of appeal from non-conclusive interlocutory order; effect of failure to file affidavit in reply (facts deemed undisputed; may only challenge law).
5 October 2023
Trial court lacked jurisdiction; chain of custody broken and cautioned statements invalid, convictions quashed and appellants released.
Jurisdiction — territorial jurisdiction of subordinate court where certificate of transfer confers trial to a specified Resident Magistrate's Court; Criminal procedure — chain of custody of exhibits; failure to account for movement of exhibits breaks chain; Evidence — cautioned statements admitted but not read out are invalid and should be expunged; Remedy — where trial is nullity and evidence defective, retrial not ordered if it would permit prosecution to fill gaps.
5 October 2023
Court stayed execution pending appeal on condition applicant deposits bank guarantee to avert substantial loss.
Stay of execution – Rule 11 Tanzania Court of Appeal Rules – Timeliness, substantial loss, and security requirement – Attachment of employer's vehicles – Bank guarantee as security – Labour matter, no costs order.
4 October 2023
Appeal allowed where trial court admitted unpleaded exhibits and a court-made sketch map and claimant failed to prove ownership.
Land law – Evidence – Admissibility of documents not annexed to the plaint – Trial court's admission of unpleaded exhibits; Civil procedure – Sketch map/measurements prepared and admitted without party involvement – incurable irregularity; Burden of proof in land dispute – requirement to prove physical occupation and boundaries; Contradictory evidence and failure to call crucial witnesses undermining claim.
4 October 2023
3 October 2023
Trial Judge's failure to sign witness records vitiated proceedings; conviction quashed and no retrial due to prosecution weaknesses.
Criminal procedure — High Court recording of evidence — Failure of trial Judge to append signature after each witness' evidence is an incurable irregularity and vitiates proceedings; evidential sufficiency — reliance on un-tendered exhibit and failure to call material witnesses weakens prosecution case; retrial discretionary under Fatehali Manji and may be refused where prosecution gaps risk prejudice to accused.
3 October 2023
Extension of time granted because alleged illegality in the judgment justified enlargement despite unexplained delay.
Civil procedure – extension of time to serve notice of appeal and obtain records; requirement to account for days of delay; alleged illegality in impugned judgment (administrator sold estate after revocation of letters) as sufficient cause to enlarge time; discretion to enlarge time despite failure to account each day; costs to follow outcome of appeal.
2 October 2023
Court granted extension of time based on technical delay and arguable illegality in the impugned decision.
Civil procedure — extension of time to lodge notice of appeal; technical delay where original appeal was timely but struck out; illegality in impugned decision as sufficient cause for enlargement of time; striking out an appeal does not bar fresh proceedings.
2 October 2023
Ex‑parte CMA award set aside where application for condonation and its hearing were not served, depriving employer of right to be heard.
Labour law – service of process – notice of mediation vs. service of application for condonation; rule 6(2)(a) and s.97(1) – valid service at regional place of business; rule 29(9)–(10) – requirement to notify and serve parties of condonation hearings; right to be heard – failure to serve application for condonation vitiates ex‑parte proceedings.
2 October 2023