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.
2,044 judgments

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2,044 judgments
Citation
Judgment date
February 2024
Omission to enter convictions rendered the trial judgment a nullity; Court set aside sentences and remitted for fresh judgment.
Criminal procedure — mandatory entry of conviction before sentence — sections 235(1) and 312 CPA; failure to make specific findings on a count — judgment nullity; appeals based on a nullity are invalid; remedy — nullify trial and first appellate proceedings, set aside sentences and remit for fresh judgment.
23 February 2024
Defective DPP consent and unlawful disposal of a perishable exhibit vitiated jurisdiction and warranted quashing of conviction.
Criminal law – Economic offences – Requirement under EOCCA s.26(1) for consent of the Director of Public Prosecutions to commence prosecution – absence of DPP consent vitiates jurisdiction. Evidence/procedure – Perishable exhibits – Police General Orders 229(25) require accused's presence when magistrate notes and orders disposal – non‑compliance renders inventory inadmissible. Criminal procedure – Effect of expunging central exhibit – insufficiency of remaining evidence and discretion against retrial where disposal was unlawful.
23 February 2024
Misapplication of Court of Appeal Rules did not excuse unexplained 30-day delay; extension of time refused.
Civil procedure – extension of time – Rule 10 Court of Appeal Rules – applicant must account for each day of delay; reasons must be pleaded in the notice of motion/supporting affidavit. Misapplication of procedure – Court of Appeal Rules inapplicable to applications filed in High Court; wrong application of law may not alone justify granting extension. Arguments from the bar – explanations for delay raised for first time in submissions cannot cure deficient pleadings. Prejudice – relevant prejudice in extension applications is that to the respondent if time is extended.
23 February 2024
Buy‑bust apprehension and intact chain of custody proved unlawful possession of elephant tusks; appeal dismissed.
Criminal law – Wildlife offences – Unlawful possession of government trophies (elephant tusks) – sufficiency of proof. Evidentiary chain of custody – seizure, handover, valuation certificates and storage marks – continuity and admissibility. Buy‑bust operations (entrapment) – apprehension in flagrante delicto and admissibility of evidence. Committal proceedings – scope and effect; non‑binding list of intended evidence. Identification and independent witness requirement – materiality of discrepancies and absence of independent witness at nocturnal seizure.
23 February 2024
Conviction and death sentence quashed for unreliable identification, defective proof of motorcycle ownership, and weak circumstantial evidence.
Criminal law – Visual identification – Waziri Amani factors – absence of source/brightness of light, distance and duration undermined identification. Criminal law – Recent possession – ownership of recovered property must be positively proved; chain of custody and seizure formalities required. Evidence – exhibits unlawfully/unclearly obtained without seizure certificate or clear chain of custody lack evidential value. Criminal procedure – Circumstantial evidence must be watertight and exclude other reasonable hypotheses.
23 February 2024
Failure to account for each day of delay and absence of apparent illegality warranted dismissal of the extension application.
• Civil procedure – extension of time under Rule 10 – good cause required – applicant must account for each day of delay. • Evidence – statements by counsel from the bar are not evidence – affidavit must contain factual averments. • Illegality – only illegality apparent on the face of the record can constitute good cause for extension of time. • Affidavit propriety – affidavit sworn by counsel is acceptable if it shows counsel acted on applicant's instructions (rule 49(1)).
23 February 2024
A third appeal from a Customary Land Tribunal to the Court of Appeal requires a High Court certificate on points of law; absence renders appeal incompetent.
Civil procedure – Appeals from Customary Land Tribunal – appellate route: Customary Land Tribunal → Appeals Tribunal → High Court → Court of Appeal; third appeal requires High Court certificate on point(s) of law. Court of Appeal Rules (rule 96(2)) – certificate to be part of record for third appeals. Incompetence – failure to obtain required certificate renders appeal incompetent and liable to be struck out.
23 February 2024
An appeal to the High Court from a District Court is time-barred if filed after 30 days despite delayed supply of appeal documents.
Appeals — Time limits — Magistrates' Courts Act s.25(1)(b) — Thirty-day limit for appeal from District Court to High Court — No automatic exclusion for delayed supply of record — Rule interpreting petition and attachment requirements in appeals originating from Primary Courts.
23 February 2024
Failure to tender exhibits or call the doctor did not vitiate the applicant's murder conviction; malice aforethought proved.
Criminal law – murder – malice aforethought: intent inferred from weapon, number/location of wounds, threats and flight; Evidence – missing exhibits (weapons, sketch map) immaterial where eyewitness testimony and accused’s defence corroborate facts; Criminal Procedure Act s.291(3) – accused’s right to summon medical witness must be offered and may be waived; Contradictions – minor discrepancies due to lapse of memory not fatal to prosecution case.
23 February 2024
Sickness corroborated by medical evidence and short notice can constitute sufficient cause to restore proceedings dismissed for want of prosecution.
Civil procedure – Restoration of proceedings dismissed for want of prosecution – "Sufficient cause" – Sickness of counsel supported by medical chit – Effect of short (one-day) notice of hearing – Requirement to consider credible, uncontroverted explanations for non-appearance.
22 February 2024

Criminal Law – disposal orders – of perishable exhibit – failure to procure participation of the suspect at the session seeking to secure a disposal order – effect of – whether this violated suspects’ right to be heard - Wildlife Conservation Act, 2009, section 101 (1) (a) (i) and (2): Police Force and Auxiliary Services Act, section 47 (1) and (5)

Statutes – interpretation of – section 101 (1) (a) (i) and (2) of the Wildlife Conservation Act, 2009 – lacuna in section 101 (1) (a) (i) and (2) of the Wildlife Conservation Act, 2009 in failing to provide the procedure of issuance of disposal orders of perishable government trophy – interim measures that court could issue to guide issuance of disposal orders pending the enactment of the regulations – Wildlife Conservation Act, 2009, section 101 (1) (a) (i) and (2): Police Force and Auxiliary Services Act, section 47 (1) and (5)

21 February 2024
An application for extension of time to file a second‑bite appeal is not barred by rule 45A(1)’s 14‑day limit.
Civil procedure – extension of time – distinction between an application for a ‘second bite’ under rule 45A(1) and an antecedent application for enlargement of time (rule 10) – 14‑day limit in rule 45A(1) applies to the substantive second‑bite application, not to an application for extension of time. Preliminary objection – competence – objection that application is time‑barred must address the correct procedural category of the application.
21 February 2024
Appellants’ convictions quashed because victim’s inconsistent and delayed account rendered key testimony unreliable.
Criminal law – Unnatural offence – Reliance on complainant’s testimony – Credibility of victim – Delay and inconsistency in reporting – Private communication with police – Benefit of doubt where central witness unreliable.
21 February 2024
Where termination is substantively and procedurally unfair, reinstatement with back pay is appropriate; compensation cannot exclude other entitlements.
Labour law – unfair termination – remedies under section 40 ELRA – reinstatement vs compensation; section 40(2) compensation additional to other entitlements; Labour Court/High Court revision jurisdiction and clerical slip cure under section 96 CPC; Rule 32/40 of Labour Guidelines on exceptions to reinstatement.
21 February 2024
Unsworn victim testimony in breach of section 198(1) CPA rendered the evidence valueless, making the convictions unsustainable.
Criminal procedure – Evidence – Mandatory oath or affirmation under section 198(1) CPA; Evidence Act s127(2) – tender age exemption; unsworn testimony valueless; hearsay; medico‑legal inconsistency; conviction unsafe.
20 February 2024
High Court proceedings quashed for denying respondents the right to be heard due to defective service and conflicting orders.
Criminal procedure – service of notice and petition of appeal – s.381(1) CPA – right to be heard – natural justice – conflicting orders and lack of proof of service vitiate proceedings – revisional jurisdiction under s.4(3) AJA – Rule 65(1) requirement.
20 February 2024
Conviction quashed where broken chain of custody, material contradictions and missing material witness defeated prosecution proof.
Criminal law – unlawful possession of Government trophy – requirement to prove chain of custody and identity of seized exhibits. Evidence – chain of custody – omissions, inconsistent handover forms, and register anomalies may break chain and undermine prosecution case. Evidence – contradictions between prosecution witnesses as to material facts can be fatal. Procedure – failure to call material witness permits adverse inference against prosecution. Standard of proof – prosecution must prove guilt beyond reasonable doubt.
20 February 2024
Invalid EOCCA consent and defective disposal of perishable exhibit nullified proceedings and warranted the appellants' release.
Criminal procedure – EOCCA s.26(1) consent non-delegable to DPP; invalid consent nullifies proceedings; Perishable exhibits – PGO No.229 para 25 mandatory compliance (suspect present; photograph exhibits) – failure undermines inventory and disposal evidence; retrial reserved where miscarriage of justice likely.
14 February 2024
Failure by the appellant to serve the notice of appeal under rule 84(1) rendered the appeal incompetent and led to its striking out.
Civil procedure — Appeal competence — Service of notice of appeal — Mandatory requirement of rule 84(1) — Preliminary objection — Documents outside record cannot be used to cure non‑compliance — Appeal struck out with costs.
13 February 2024
Trial court lacked jurisdiction under EOCCA absent duly filed/acknowledged DPP certificate and consent; convictions quashed.
Criminal procedure – Economic offences (EOCCA) – Requirement of DPP/authorized State Attorney’s certificate and consent (ss.12(3), 26(2)) – Certificate must be filed and acknowledged by trial court – Failure renders proceedings a nullity; Evidence – chain of custody; seizure certificate; discounted cautioned statements – retrial may be refused where miscarriage of justice likely.
13 February 2024
Trial court’s unpleaded reliance on inflation warranted reducing the respondent’s excessive general damages award and adjusting interest.
Defamation — publication and plain and ordinary meaning — statements portraying claimant as a leader of a lawless group and traitor held defamatory. Assessors — qualification recording — omission to record assessors' competence not automatically fatal and curable under appellate rules. Jurisdiction — pecuniary jurisdiction of High Court — general damages claim did not oust jurisdiction in present circumstances. Damages — proof and assessment — plaintiff proved publication and injury; trial judge improperly considered unpleaded inflation in quantum. Remedies — appellate substitution of excessive ungrounded general damages with pleaded amount and reduction of interest rate.
6 February 2024
January 2024
Review dismissed: alleged denial of hearing and manifest error were not shown to be patent or decisive.
Civil procedure — Review of Court of Appeal judgment — error apparent on face of record — limited to obvious and patent mistakes; Review — cannot peruse record/exhibits or rehear own appeal; Audi alteram partem — omission to invite address on a point not affecting final decision is not fatal; Execution/Eviction — Order XXI Rule 34 CPC — notice to occupants/tenants; Wrong conclusion vs failure to deal with issue — only the latter may justify review when patent in judgment.
19 January 2024
December 2023
Child’s testimony taken without required oath/promise had no evidentiary value, so conviction was unsafe and quashed.
Evidence Act s.127(2) — child witness: oath/affirmation/promise required; non-compliance renders testimony of tender-age child inadmissible; medical evidence proving sexual intercourse insufficient alone to convict without identification link; failure to call material witnesses (unnamed pupils) — adverse inference; appellate interference justified for procedural irregularity/miscarriage of justice.
22 December 2023
Court upheld conviction for child unnatural offence, finding child evidence admissible and procedural defects non‑fatal; appeal dismissed.
Criminal law – Unnatural offence (child sexual abuse) – evidential sufficiency and sentencing. Evidence – Child witnesses – promise to tell the truth under section 127(2) Evidence Act – admissibility and weight. Criminal procedure – Form and contents of charge – sections 132 and 135 Criminal Procedure Act – omission of penalty not fatal. Appellate review – concurrent findings of fact – standard for interference (misdirection/miscarriage of justice). Sentencing jurisdiction – section 170(2) Criminal Procedure Act – scheduled offence attracting life imprisonment under section 154(2) Penal Code.
19 December 2023
Purchaser protected as bona fide purchaser despite mortgagee’s failure to serve mortgagor statutory notice; counterclaim expunged.
Land law — Mortgagee power of sale — Statutory notice to mortgagor (section 127 Land Act) — Compliance with mortgage clause — Title transfer and protection of purchaser as bona fide purchaser for value (section 135 Land Act) — Counterclaim competence — Requirement of assessors in Land Division proceedings.
19 December 2023
A subordinate court’s trial of an EOCCA offence without a s.12(3) certificate is a nullity; conviction quashed.
Criminal procedure – Jurisdiction under EOCCA – Corruption and Economic Crimes Division of the High Court ordinarily hears EOCCA offences; subordinate court requires s.12(3) certificate. Criminal procedure – Proceedings conducted without requisite certificate are nullities. Evidence – Disposal of exhibit in accused’s absence undermines inventory and may preclude retrial. Wildlife offences – Unlawful possession of Government trophy triable under EOCCA.
15 December 2023
Substituted information, trivial variances and procedural slips did not vitiate conviction for possession of three elephant tusks.
Criminal law – unlawful possession of government trophy – substitution of information under EOCCA s29(7) – trivial variances between charge and evidence – admission of exhibits – search and seizure in remote bushland under WCA s106 – delay under CPA s32 – appellate review of trial court evaluation.
15 December 2023
A shareholder alleging fraudulent or ultra vires acts cannot be denied locus standi at preliminary stage; matter must proceed to trial.
Company law — Foss v. Harbottle rule and exceptions — shareholder standing to sue where acts alleged to be fraudulent or ultra vires; preliminary objections — limits where contested factual allegations exist; procedural requirement to remit for trial when locus standi depends on contested facts.
15 December 2023
Conviction quashed where non-production of visitors' book and chain-of-custody discrepancies raised reasonable doubt.
Criminal law – unlawful possession of government trophies – burden to prove possession and identity of accused. Evidence – certificate of seizure signed by accused can substitute for property receipt. Evidence – failure to produce material exhibit (visitors' book) may attract adverse inference where it is probative of identity/possession. Chain of custody – unexplained discrepancies in labelling, case numbering and timing undermine prosecution case and may raise reasonable doubt.
14 December 2023
Conviction quashed where identification was unreliable and no identification parade was conducted, undermining proof beyond reasonable doubt.
Criminal law – Rape – visual identification evidence; requirement to eliminate possibilities of mistaken identity (Waziri Amani); necessity of identification parade where identification made among several suspects; competence of charge – variance as to date; proof beyond reasonable doubt; child evidence under s.127(2) Evidence Act.
13 December 2023
Trial court’s sua sponte valuation and award without hearing parties violated right to be heard; that award is quashed.
Civil procedure – right to be heard (audi alteram partem) – trial court raising and deciding an issue suo motu; pleadings and framed issues – award based on unpleaded issue is nullity; execution and sale of mortgaged property – entitlement to recover movables not subject to execution.
11 December 2023
November 2023
Denial of cross‑examination of one witness warrants expungement of that evidence, not automatic nullification of the entire trial.
Criminal procedure – preliminary hearing (s.192 CPA) – non‑compliance curable where accused represented; Evidence – right to cross‑examination (s.147 Evidence Act) – failure may require expungement of affected testimony; Substitution of offences (s.300 CPA) – cannot substitute to non‑cognate/equally serious offence; Appellate review – reassessment after expungement; Consent to prosecute – Regulations apply only to listed specified offences.
17 November 2023
A review succeeds only for obvious, patent errors on the face of the record, not for re-evaluation of evidence.
Criminal law – Review of Court of Appeal decision – Scope of review limited to manifest error on the face of the record, fraud, or denial of hearing; manifest error must be obvious and patent; disagreement with evaluation of evidence is not a ground for review; review cannot be used as an appeal in disguise.
16 November 2023
Stay of execution granted pending appeal where substantial decretal sum risked rendering appeal nugatory, subject to bank guarantee.
Civil procedure – stay of execution pending appeal – Rule 11 Court of Appeal Rules: notice of appeal, timely application, undertaking to furnish security, and irreparable loss; balancing decree-holder’s interest and appellant’s right to appeal; conditional stay by bank guarantee.
16 November 2023
Applicant’s complaints required re‑evaluation of evidence and thus amounted to an appeal, so review application was dismissed.
Procedure — Review of Court of Appeal judgment — Rule 66(1) ACR — manifest error on face of record must be obvious; appeal in disguise not reviewable; jurisdictional complaints distinct from dissatisfaction with findings. Evidence — Allegation of fresh evidence on appeal — requires demonstration, otherwise matter for appeal. Affidavit practice — deponent affirming on behalf of another without power of attorney may be allowed if no prejudice and overriding objective applies. Land law — co-ownership dispute and evaluation of title and transfer deed issues involved but not determinative on review.
15 November 2023
Notice of Appeal struck out for failure by the respondents to take required steps under rule 90(5) of the Rules.
Court of Appeal — Civil procedure — Striking out Notice of Appeal under rule 89(2) — Duty of intending appellant under rule 90(5) to follow up Registrar for appeal records — 2019 amendment displaces “home and dry” rule — Prolonged inaction justifies striking out.
15 November 2023
Applicant's delay not excused: financial hardship and vague alleged illegalities insufficient to justify extension of time.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules — Applicant must show good cause: account for entire delay, demonstrate diligence, and explain any point of law of sufficient importance (Lyamuya guidelines). Financial hardship — Generally not sufficient ground for extension absent exceptional circumstances. Illegality — Alleged irregularities must be apparent on the face of the record or clearly pleaded and elaborated to justify enlargement of time. Lack of diligence/negligence — Militates against granting extension.
14 November 2023
Review limited to patent errors in the Court’s own judgment; applicant’s factual/procedural complaints were misplaced.
Review — scope of review under rule 66(1): limited to the Court's judgment or order; not a rehearing or appeal; manifest error on the face of the record; allegations of nullity, fraud or perjury require substantiation; labour dispute — no costs order.
14 November 2023
An application for stay of execution filed outside the 14-day period under rule 11(4) is time barred and non-justiciable.
Civil procedure — Stay of execution — Rule 11(4) of the Tanzania Court of Appeal Rules — 14-day time limit from service of notice of execution or awareness of execution proceedings — computation of time; Jurisdiction — Time limitation goes to jurisdiction — Court cannot hear time-barred stay application; Procedure — Preliminary objection on time bar; Labour law — no costs order in labour matters.
13 November 2023
Applicants granted extension to appeal after court found prior procedural setbacks and law change constituted sufficient cause.
Civil procedure — Extension of time — Rule 10 Court of Appeal Rules 2009 — Good cause required — consideration of technical delay and prior defective or struck-out applications. Civil procedure — Accounting for delay — requirement to explain each day, but technical delay and subsequent supply of ruling may justify short unexplained intervals. Appeals — Change of law removing leave requirement — effect on pending attempts to obtain leave.
13 November 2023
10 November 2023
Applicant granted stay of execution pending appeal, conditional on deposit of a bank guarantee for the decretal amount.
Civil procedure — Stay of execution — Rule 11 Court of Appeal Rules 2009 — timeliness under rule 11(4); conditions under rule 11(5) (substantial loss and security); compliance with rule 11(7) documentary requirements; bank guarantee as appropriate security.
8 November 2023
Applicant failed to show an obvious manifest error on the face of the record; review dismissed as appeal in disguise.
Civil procedure — Review jurisdiction — Rule 66(1)(a) — Manifest error on the face of the record — narrow residual power. Evidence/admissibility — Reliance on annexure allegedly not tendered — re‑assessment of evidence not permissible in review. Probate/administration — Revocation of administrator’s appointment — distinction between revocation before closure and after discharge/inventory. Procedural law — Review should not be used as an appeal in disguise; mere disagreement with merits is not reviewable.
8 November 2023
Review denied: alleged failure to address bonafide purchaser and reliance on non‑record document did not show manifest error.
Appellate review — inherent power to review decision — limited by rule 66 and requires manifest error on face of record; review not for re‑evaluation of evidence or raising new issues; documents not admitted in evidence cannot be relied upon; distinction from cases where an extraneous exhibit vitiated judgment.
8 November 2023
A notice of appeal was struck out for failure to take essential steps to prosecute the appeal under Rule 89(2).
Civil procedure — Appeal procedure — Notice of appeal — Striking out for failure to take essential steps to prosecute appeal — Rule 89(2) Court of Appeal Rules. Labour law — procedural relief — no order as to costs in labour matters.
8 November 2023
Second-bite leave granted; time under Rule 45(b) runs from Registrar’s certificate and jurisdictional issue merits appeal.
Civil procedure — Leave to appeal (second bite) — Computation of fourteen-day period under Rule 45(b) — Role and certificate of Registrar excluding time for preparation — Rule 90(1) guidance on excluded period — Jurisdictional point of law (territorial jurisdiction) may be raised at leave stage.
7 November 2023
Failure to record parties' choice on assessors in a land trial renders proceedings null and mandates an expedited retrial.
Land law – High Court Registries Rules 1984 (as amended by G.N. Nos. 63/2001 and 364/2005) – requirement for Judge to sit with two assessors in land disputes unless parties agree otherwise – necessity to record parties' choice and names of assessors – failure to record renders proceedings a nullity – retrial ordered.
3 November 2023
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