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.
8 judgments

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8 judgments
Citation
Judgment date
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
A stay of execution was granted upon provision of security, despite procedural anomalies, due to fulfillment of substantive requirements.
Civil procedure – Stay of execution – Timeliness under electronic filing rules – Security for due performance of decree – Proper identification of decree – Overriding objective principle – Breach of contract.
5 September 2024
An application for extension of time was dismissed where delays resulted from repeated procedural mistakes and unsubstantiated claims.
Civil Procedure – Extension of time – Good cause for delay – Repeated procedural errors and negligence – Court registry issues – Poverty and illness as grounds for extension – Dismissal for failure to account for delay.
5 September 2024
An application for extension of time to appeal was dismissed for failure to account for delay and absence of justifiable illegality.
Civil Procedure – Application for extension of time – Good cause – Requirement to account for each day of delay – Allegations of illegality – Failure to demonstrate sufficient cause or errors of law justifying extension.
4 September 2024
Stay of execution granted pending appeal, conditional on provision of bank guarantee for decreed sum by applicants.
Civil procedure – Stay of execution pending appeal – Requirements under Tanzania Court of Appeal Rules – Timely filing, substantial loss, and security for due performance – Adjournment of hearing – Concession to application by respondent.
4 September 2024
Lack of credible evidence for illness-related delay led to dismissal of application for extension of time.
Civil Procedure – Application for extension of time – Sufficient cause – Affidavit evidence – Credibility of supporting documents – Failure to account for delay
4 September 2024