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.
2,045 judgments

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2,045 judgments
Citation
Judgment date
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
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
August 2024
Court grants leave to file certified electronic trial records after record of appeal found incomplete due to lack of certification.
Civil procedure – record of appeal – requirement for certified electronically recorded proceedings as official record – Commercial Court Rules – leave to supplement incomplete appeal record.
28 August 2024
An application for extension of time was dismissed for failure to demonstrate sufficient cause or a manifest illegality.
Civil procedure – Application for extension of time – Sufficient cause – Illegality as ground for extension – Requirement to account for each day of delay – Tribunal composition and procedural irregularities – Dismissal for failure to establish manifest illegality or sufficient explanation for delay.
23 August 2024
23 August 2024
Appellate court expunged inadmissible testimony but upheld rape conviction based on confession and inferred age of the complainant.
Criminal law – rape – statutory requirement for evidence under oath – evidence of complainant expunged for lack of oath – inference of age under section 122 of the Evidence Act – cautioned statement – sufficiency of confession to support conviction – conviction on impregnation of schoolgirl unsustainable without direct evidence.
22 August 2024
A conditional stay of execution was granted pending appeal, subject to the applicant providing a prescribed bank guarantee as security.
Civil Procedure – Stay of execution pending appeal – Compliance with Rule 11 of the Court of Appeal Rules – Undertaking to provide security for due performance – Substantial loss – Timely application – Conditional stay granted upon provision of bank guarantee.
21 August 2024
Portion of debt admitted by the respondent must be awarded despite procedural default by the appellant in evidence submission.
Civil procedure – Commercial litigation – Mandatory witness statement requirements – Dismissal for lack of evidence-in-chief – Judgment on admitted facts – Application of overriding objective and substantive justice where a portion of liability is unequivocally admitted.
21 August 2024
Only final decisions of a Taxing Officer, not interlocutory orders, are subject to reference to the High Court.
Civil procedure – Taxation of costs – Reference to a judge under Order 7(1) of Advocates Remuneration Order – Whether interlocutory orders of a Taxing Officer allowing amendment are referenceable – Meaning of 'decision' in costs taxation proceedings.
21 August 2024
Trial for economic offence voided for lack of DPP's consent; proceedings nullified and retrial ordered.
Criminal procedure – economic offences – jurisdiction of the High Court – requirement of Director of Public Prosecutions' (DPP) consent – effect of omitted consent – nullity of proceedings – retrial ordered.
21 August 2024
Failure to inform an unrepresented accused of defence rights under section 231(1) of the CPA vitiates the entire trial.
Criminal procedure – right to fair trial – compliance with section 231(1) of the Criminal Procedure Act – failure to inform unrepresented accused of defence rights – proceedings and conviction rendered a nullity – retrial ordered.
20 August 2024
Court quashed conviction for impregnating a school girl due to evidentiary failures, but upheld statutory rape conviction based on credible oral testimony.
Criminal law – statutory rape – proof of age and credibility of the complainant – Criminal law – impregnating a school girl – necessity of properly admitted school and scientific evidence – chain of custody – DNA evidence – evidentiary standards and adverse inference for missing witnesses – expunging exhibits.
19 August 2024
The court dismissed a second appeal against conviction for rape, finding no merit in claims of a defective charge or mishandled defence.
Criminal law – rape – defective charge – variance between charge and evidence – reading out of exhibits – expunction – defence of impotence – burden of proof – appellate review – second appeal – conviction and sentence upheld.
19 August 2024
Extension of time granted where applicant accounted for delay mainly caused by parallel court proceedings and technical delay.
Civil Procedure – Extension of time – Good cause – Technical delay caused by parallel court proceedings – Accounting for every day of delay – Principles guiding discretionary extension of deadlines.
19 August 2024