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.
140 judgments

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140 judgments
Citation
Judgment date
December 2024
Ignorance of the law and unaccounted delay are not sufficient grounds for extension of time to seek review of appellate judgment.
Criminal procedure – Application for extension of time – Good cause for delay – Ignorance of law not a valid excuse – Requirements under Rule 10 and Rule 66(1) of Tanzania Court of Appeal Rules, 2009 – Diligence and accounting for delay – Right to be heard.
27 December 2024
An appeal was struck out due to failure to comply with rules for certifying the record of proceedings in the Commercial Court.
Civil procedure – Supplementary record of appeal – Certification of transcripts – Rule 60 of High Court (Commercial Division) Procedure Rules – Mandatory involvement of both parties – Registrar’s role – Noncompliance renders appeal incompetent.
13 December 2024
The appellate court upheld the respondent's ownership of disputed land and quashed unpleaded orders granted by the High Court.
Customary law – Meru customs – Disposition of matrimonial land by deceased husband among multiple wives – Pleadings – Restriction of court’s orders to pleaded matters – Evaluation of evidence in civil cases.
13 December 2024
The court affirmed asset division and maintenance orders after finding a presumption of marriage from cohabitation, despite no formal marriage.
Family law – presumption of marriage – cohabitation and division of property under s 160 Law of Marriage Act – maintenance and custody orders despite rebuttal of presumption – contributions to matrimonial property considered irrespective of valid formal marriage.
13 December 2024
A suit to recover land for a deceased estate must be brought within 12 years from death, regardless of administrator’s appointment date.
Limitation of Actions – Recovery of land by administrators of estate – Limitation period calculated from date of death – Sections 9(1) and 35, Law of Limitation Act – Administrator’s appointment does not stop time running – Incorrect application of accrual provisions – Suit time-barred and a nullity.
13 December 2024
Extension of time to challenge a CMA award requires patent illegality on record, not factual disputes or newly raised procedural objections.
Labour law – extension of time – application for revision of CMA award – illegality on face of record – whether grounds for extension of time were sufficient – right to be heard – principles for granting extension based on illegality.
13 December 2024
Appeal dismissed where debtor failed to plead or prove set-off from receivership proceeds in a suit for recovery of a commercial loan.
Civil procedure – Loan recovery – effect of receivership process – necessity for joinder of receiver/manager and guarantors – special damages – pleadings and counterclaims – res judicata – judicial notice of prior litigation – adequacy of evidence and proof of debt.
12 December 2024
An appeal hearing was adjourned to allow substituted service by publication on a missing respondent to preserve the right to be heard.
Civil procedure – right to be heard – substituted service – necessity of service of notice of hearing – adjournment pending proper service – rule 112(2) of Court of Appeal Rules, 2009.
11 December 2024
Failure to properly ascertain a defendant's age and afford a right to be heard renders the trial and sentence a nullity.
Criminal procedure – age determination – jurisdiction of juvenile court – procedural fairness – right to be heard – nullity of trial for failure to properly ascertain accused's age – conviction and sentence set aside.
11 December 2024
A court upheld convictions for unlawful possession of government trophies, finding no merit in procedural or evidential challenges by the appellants.
Criminal law – Economic and wildlife offences – Procedural requirements for jurisdiction, charge, and seizure – Validity of chain of custody – Role of independent witness – Standard of proof beyond reasonable doubt – Evaluation of contradictions in evidence.
11 December 2024
A conviction for rape was quashed due to inadmissible interpreted evidence and failure to prove the charge beyond reasonable doubt.
Criminal procedure – sexual offences – evidence – interpretation of witness testimony – impartiality and competence of interpreter – admissibility of interpreted evidence – proof of rape – penetration – burden of proof.
11 December 2024
The court dismissed an appeal against conviction for theft by agent, upholding the sentence and compensation order as lawful.
Criminal law – theft by agent – assessment of defence evidence – credibility of related witnesses – adequacy of compensation orders under Criminal Procedure Act – double punishment – scope of appellate review of factual matters.
11 December 2024
Proceedings were nullified and the appellant released due to lack of valid prosecutorial consent, precluding retrial.
Criminal law – Economic offences – Unlawful possession of government trophy – Validity of prosecution consent under EOCCA – Jurisdiction of trial court – Principles governing orders for retrial – Nullity of proceedings where consent is invalid.
6 December 2024
Conviction for trafficking narcotics upheld, but sentence reduced after finding sentencing was imposed in absentia without mitigation.
Criminal law – Drug trafficking – Charge sheet defects – Omission of statutory provisions curable – Chain of custody – Admissibility of inventory following destruction of exhibit – Sentencing in absentia – Fair trial and mitigation.
6 December 2024
A land dispute was held res judicata where the same parties previously litigated the ownership and boundaries to finality.
Civil Procedure – Res judicata – Requirements for application of res judicata under section 9 of the Civil Procedure Code – Whether a subsequent land application concerning the same dispute and parties is barred by earlier final determination.
5 December 2024
The Court upheld the conviction for unnatural offence, holding that the child’s testimony and supporting evidence proved the case beyond reasonable doubt.
Criminal law – Child witness – Admissibility of evidence under section 127(2) of the Evidence Act; Sexual offences – Proof beyond reasonable doubt; Criminal procedure – Delay in arraignment and section 32(1) of the CPA; Assessment of witness credibility – Medical evidence – Appeal dismissed.
5 December 2024
Application for stay of execution struck out for failing to comply with the fourteen-day time limit under appellate rules.
Civil procedure – stay of execution – application for stay – time limitation under rule 11(4) of Court of Appeal Rules – date of applicant’s awareness of execution proceedings – consequences of filing out of time.
3 December 2024
Conviction quashed for failure to comply with criminal procedure on cautioned statements and material inconsistencies in prosecution evidence.
Criminal law – Gang rape – Admissibility of cautioned statements – Compliance with Criminal Procedure Act sections 50 and 51 – Proof beyond reasonable doubt – Material inconsistencies in evidence – Credibility of complainant.
3 December 2024
Appellate conflict over legal effect of non-endorsed DPP consent to prosecute economic offences referred to full bench.
Criminal procedure — Consent to prosecute — DPP consent for economic offences — requirement to present, admit and endorse the consent in trial court record — jurisdictional consequence of non-endorsement. Conflict of Court of Appeal authorities on whether omission to endorse/admit consent renders proceedings a nullity or is a non-fatal procedural irregularity. Reference to full bench under Rule 4A to resolve conflicting decisions; stay/adjournment pending resolution.
3 December 2024
Failure to arraign accused and take plea rendered the criminal trial a nullity, resulting in quashing of proceedings without retrial.
Criminal law – Non-compliance with mandatory plea-taking procedure under section 228(1) of the CPA – Effect – Whether failure to call upon accused to plead renders trial a nullity – Appropriateness of ordering retrial where evidence is no longer available.
3 December 2024
November 2024
Non-joinder of the Registrar of Titles as a necessary party in a land dispute invalidates High Court proceedings and judgment.
Civil procedure – Necessary parties – Non-joinder of the Registrar of Titles and Attorney General in land disputes involving registered land – Effect of non-joinder – Nullification of proceedings – Retrial ordered.
26 November 2024
Applicants' failure to account for every day of delay led to dismissal of extension of time to appeal High Court judgment.
Civil procedure – Application for extension of time – Good cause – Requirement to account for each day of delay – Relevance of allegations of illegality in extension applications.
25 November 2024
Court of Appeal upholds rape conviction, substitutes illegal 30-year sentence with mandatory life imprisonment for child victim under 10.
Criminal law – rape – evidence of child of tender age – section 127(2) of Evidence Act – sufficiency of identification evidence – sentencing – legality of sentence for rape of child under 10 years – appellate intervention to correct sentence.
25 November 2024
A bank's claim for recovery of unpaid loan failed for lack of sufficient evidence of default, quantum, or fraud.
Banking and finance – loan default – burden of proof – evidence – misrepresentation and fraud – requirement of strict proof – evaluation of evidence – fraudulent valuation– dismissal of unproven claims.
19 November 2024
A notice of appeal was struck out for failure to take essential procedural steps after filing, including timely requesting and serving proceedings.
Civil procedure – Appeal – Failure to take essential steps after lodging notice of appeal – Requirement to request certified proceedings and serve opposing party – Application to strike out appeal under Court of Appeal Rules.
19 November 2024
Formal applications for leave to file supplementary affidavits are improper; such leave must be sought informally under Rule 56(2).
Civil procedure – Supplementary affidavits – Whether leave to file a supplementary affidavit must be sought informally under Rule 56(2) of the Court of Appeal Rules – Requirement to state grounds in the notice of motion under Rule 48(1) – Application struck out for procedural impropriety.
19 November 2024
High Court’s order for retrial on matrimonial assets set aside; proper procedure is to receive additional evidence before judgment.
Family law – Divorce – Division of matrimonial assets – Sufficiency of evidence – Appeals procedure – Additional evidence on appeal – Orders for retrial versus additional evidence under Civil Procedure Code Order XXXIX rules 27–29.
19 November 2024
Trial court lacked jurisdiction to try the appellant for an economic offence due to invalid prosecutorial consent, resulting in quashed conviction and release.
Criminal procedure – Economic offences – Jurisdiction – Requirement for prosecutorial consent under section 26(1) of the Economic and Organized Crimes Control Act – Non-delegable powers of the DPP – Invalid consent issued by State Attorney – Nullification of proceedings for want of jurisdiction – Principles on ordering retrial where evidence is deficient.
8 November 2024
Application for extension of time to seek review dismissed for lack of supporting evidence of illness and other claimed obstacles.
Criminal procedure – Extension of time – Sufficient cause – Illness as ground for delay – Requirement of evidentiary proof – Unsubstantiated claims – Prison constraints not supported by affidavit – Application for review – Dismissal for lack of good cause.
8 November 2024
An applicant's negligence in handling appeal documents does not constitute good cause for extension of time to serve notice.
Civil procedure – Extension of time – Good cause – Negligence in handling legal documents not sufficient – Requirement to account for each day of delay – Application for extension of time dismissed for lack of sufficient cause.
8 November 2024
A conviction for statutory rape may be upheld based on credible victim and medical evidence, even if minor witness evidence is excluded.
Criminal law – rape – statutory rape – proof of age – admissibility of evidence from minor witness – sufficiency of victim and medical evidence – necessity for direct or circumstantial evidence establishing essential elements – appellate review of alleged procedural errors.
8 November 2024
An appeal is nullified where the appellate magistrate was not properly assigned jurisdiction by transfer order as required by law.
Criminal procedure – appellate jurisdiction – requirement that appellate cases be heard by magistrates specifically named in transfer order – proceedings before magistrate not so named are a nullity – section 45(2) Magistrates' Courts Act.
8 November 2024
Where evidence materially varies from the charge and key witnesses are omitted, a conviction cannot stand.
Criminal law – Unnatural offence – Material variance between charge and evidence – Admissibility of cautioned statement – Contradictions in prosecution evidence – Duty to call material witnesses – Standard of proof in criminal cases.
8 November 2024
A conviction for economic offences was quashed due to lack of jurisdiction arising from absence of a DPP certificate of transfer.
Criminal Procedure – Economic offences – Jurisdiction of subordinate courts – Requirement for certificate of transfer from DPP – Effect of absence of jurisdiction – Validity of proceedings and convictions – Retrial and interests of justice
8 November 2024
Conviction for economic offences nullified due to lack of DPP’s consent and jurisdiction certificate; no retrial ordered.
Criminal law – Economic offences – Jurisdiction – Necessity of DPP’s consent and certificate – Nullity of proceedings for lack of jurisdiction – Whether retrial appropriate when evidence is insufficient.
6 November 2024
The court nullified proceedings for denial of the respondent's right to be heard, remitting the dispute for proper hearing.
Labour law – Right to fair hearing – Ex parte proceedings – Requirement for proper notification and opportunity to be heard before proceeding ex parte – Nullification of proceedings for denial of right to be heard.
6 November 2024
A trial without valid DPP consent renders all proceedings null, precluding a retrial where evidence has been improperly destroyed.
Criminal law – Economic and Organized Crime – Jurisdiction of subordinate courts – Consent to prosecute – Requirement for consent from DPP – Nullity of proceedings held without proper prosecutorial consent – Effect of destruction of exhibits without due procedure – Whether retrial should be ordered.
6 November 2024
Extension of time granted where delay was caused by a change in law, amounting to excusable technical delay.
Civil procedure – application for extension of time – sufficient cause – technical delay due to change in law – excusable delay – promptness in filing application.
1 November 2024
Court granted extension of time for criminal appeal due to advocate’s mistake and applicant’s custodial status.
Extension of time – Criminal appeal – Good cause for delay – Mistake of counsel – Discretion of the Court – Applicant under custody – Rule 10, Court of Appeal Rules.
1 November 2024
Leave is no longer required to appeal to the Court of Appeal following statutory amendments, rendering such applications redundant.
Civil procedure – leave to appeal – amendment of section 5 of Appellate Jurisdiction Act – Legal Sector Laws (Miscellaneous Amendments) Act No. 11 of 2023 – leave to appeal to Court of Appeal no longer required from High Court decisions – application overtaken by change in law – application struck out.
1 November 2024
A premature application for extension of time to appeal was struck out for failure to first apply to the High Court as required.
Criminal procedure – extension of time – application for extension of time to appeal – sequential application to High Court before Court of Appeal – premature application – Rule 47 of the Tanzania Court of Appeal Rules, 2009 – preliminary objection upheld.
1 November 2024
A prisoner was granted extension of time to appeal due to demonstrated intention and obstacles beyond his control.
Criminal procedure – Extension of time – Application by prisoner – Sufficient cause – Challenges faced by prisoners in pursuing appeals – Discretionary power of court – Need to balance procedural requirements with access to justice.
1 November 2024
October 2024
A criminal conviction was quashed due to lack of jurisdiction where DPP’s consent and certificate were filed after trial commenced.
Criminal Law – Economic Offences – Jurisdiction – Requirement of DPP’s consent and certificate before trial – Failure to comply renders proceedings null and void – No retrial ordered.
29 October 2024
An unsupported claim of administrative delay by prison officials is insufficient to justify extension of time for review.
Extension of time – Good cause – Delay attributed to prison authorities – Need for corroborative evidence – Bare assertions insufficient – Prisoner's duty to substantiate cause for delay for extension under Rule 10 of the Court of Appeal Rules.
24 October 2024
A prisoner's unsubstantiated reasons for delay in seeking review do not meet the threshold for extension of time.
Criminal procedure – Extension of time – Requirement to show good cause for delay – Necessity to account for each day of delay – Failure to provide evidence substantiating reasons for delay – Ignorance of law not a ground for extension.
24 October 2024
Court upheld a murder conviction, finding no fatal irregularity in judgment and sufficient evidence despite exclusion of an extra-judicial confession.
Criminal law – appeal – murder conviction – procedural irregularity in judgment – admissibility of cautioned and extra-judicial statements – confessional evidence – last seen doctrine – proof beyond reasonable doubt.
3 October 2024
A conviction for economic crime was quashed as the trial court lacked jurisdiction due to a fundamentally defective prosecution consent.
Criminal Law – Economic offences – Consent to prosecute – Requirement for valid consent under EOCCA section 26(2) – Jurisdiction of trial court – Consequences of proceedings conducted without valid consent – Whether retrial appropriate after proceedings nullified for lack of jurisdiction.
3 October 2024
September 2024
A stay of execution cannot be granted where the High Court's decree or order is non-executable and does not confer a right.
Civil Procedure—Stay of execution—Whether decree or order of High Court is executable—Requirements under rule 11 of the Tanzania Court of Appeal Rules, 2009—Only a decree granting a right can be stayed.
24 September 2024
Court stayed execution pending appeal after finding Rule 11 compliance and accepting applicants' security undertaking.
Stay of execution – Court of Appeal Rules, Rule 11(4),(5),(7) – requirements for stay: timely filing, attached decree and notices, substantial loss, and security/undertaking – conditional stay pending appeal with deposit requirement.
19 September 2024
Conditional stay of execution granted pending appeal upon applicant providing specified property titles as security under Rule 11.
Civil procedure – stay of execution – requirements and security under Rule 11(5) of the Court of Appeal Rules – sufficiency of proposed security – conditional grant of stay pending appeal.
17 September 2024