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
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
September 2023
Child witnesses’ statements taken without the statutory promise are inadmissible; remaining evidence upheld conviction and sentences varied to life.
Evidence — Child witnesses — Section 127(2) TEA — Promise to tell truth required; failure renders testimony valueless. Evidence — Documentary exhibits — Must be admitted and read out; failure to read out PF3/cautioned statement requires expungement. Criminal law — Unnatural offence against child — Essential proof: penetration, age, identity; conviction may rest on remaining credible evidence. Criminal procedure — Prosecution’s selection of witnesses; failure to call non-material witnesses not fatal. Sentencing — Section 154(2) Penal Code — Unnatural offences against persons under 18 attract life imprisonment.
29 September 2023
High Court improperly extended time suo motu during a preliminary objection; ensuing proceedings were nullified.
Civil procedure — Appeals in land matters — s.38(1) Land Disputes Courts Act — extension of time must follow a formal application and evidence; court cannot extend time suo motu during determination of a preliminary objection; preliminary objection on time must be overruled or sustained (not struck out); procedural irregularity warrants nullification of subsequent proceedings.
29 September 2023
Extension granted: mistaken filing and applicant’s hardship constituted excusable technical delay and good cause.
Civil procedure — Extension of time under Rule 10 — Requirement to show "good cause" and account for each day of delay — Distinction between technical and actual delay — Mistaken filing in wrong court may be excusable technical delay — Financial hardship/ill‑health may, in peculiar circumstances, constitute sufficient cause.
29 September 2023
Conviction upheld on recent-possession doctrine despite defective identification and inadmissible cautioned statement.
Criminal law – Armed robbery – Visual identification – identification parade irregularities – cautioned statement voluntariness – trial within a trial – expungement of inadmissible evidence. Criminal law – Doctrine of recent possession – elements: found with property, positive identification by victim/custodian, recent theft, subject of charge – inference of guilty knowledge where no explanation offered. Evidence – Failure to call registered owner not fatal where ownership not disputed and victim was custodian.
29 September 2023
Court expunged improperly recorded cautioned statement but upheld conviction based on eyewitness and medical corroboration.
Criminal law – Rape of a child – Corroboration by medical evidence and witnesses – conviction upheld. Evidence – Child witness under s.127 Evidence Act – promise to tell the truth suffices where recorded. Evidence – Cautioned statement – recorded in presence of other officers undermines voluntariness and must be expunged. Criminal procedure – Non‑provision of informer's statement and delay to take accused to court – curable under s.388 CPA if not prejudicial. Identification – Dock identification may be upheld where independent corroborative circumstances exist (sightings, victim reaction, flight).
26 September 2023
A joint application must be supported by affidavits covering all applicants; omission is fatal and leads to striking out.
Civil procedure – Extension of time – Rules 48(1) and 49(1) Court of Appeal Rules – Formal applications must be supported by affidavit(s) of each applicant or by affidavit(s) on behalf of others – Joint application lacking affidavit for one applicant is incompetent and fatal – Application struck out with costs.
25 September 2023
Conviction for unnatural offence upheld: child’s promise evidence and cautioned statement admissible; appeal dismissed.
Criminal law – Unnatural offence involving a child – admissibility of child evidence under s.127(2) Evidence Act (promise to tell truth) – cautioned statement admissibility and waiver for failure to object at trial – preliminary hearing non‑compliance affects only preliminary hearing – omission of punishment provision in charge not fatal.
25 September 2023
Extension of time granted due to technical delay and alleged illegality; striking out does not prevent fresh appeal.
Civil procedure — extension of time to lodge notice of appeal; technical delay (struck-out but timely original notice) as sufficient cause; illegality in impugned decision as ground for enlargement of time; striking out does not bar fresh appeal commencement.
2 September 2023
Applicants granted 60 days to file appeal due to resignation and office restructuring and apparent lack of reasons for damages.
Extension of time — good cause — resignation of assigned State Attorney and office restructuring as sufficient explanation; technical delay from earlier struck-out application; arguable illegality on face of record where reasons for awarding damages are not disclosed; discretion to extend time where no prejudice to respondent.
1 September 2023
Applicants failed to show good cause for extension of time to apply for stay of execution; application dismissed with costs.
Court of Appeal — Extension of time under Rule 10 — Good cause requires accounting for each day of delay, diligence, and absence of inordinate delay; Rule 11(4) — 14-day period to apply for stay of execution; Technical delay doctrine applicable only where initial appeal/application was filed in time; Insufficiency of annexures to prove service.
1 September 2023
Extension of time refused: applicant failed to account for entire delay and did not show an apparent illegality on the record.
Civil procedure – extension of time – Rule 10 and requirement to account for whole period of delay; procurement of post‑judgment documents under Rule 90 – need for Registrar’s letters or evidence of lawful access. Technical delay excused where a matter is pending. Illegality as ground for extension – must be apparent on the face of the record and properly pleaded; points raised first in written submissions are not admissible. Non‑joinder, probate/letters of administration and assessors' issues must be pleaded and supported by evidence to constitute clear illegality.
1 September 2023
August 2023
Unexplained delay to arraignment and defective identification procedures rendered the trial unfair; convictions quashed and appellants released.
Criminal law — fair trial — unlawful delay in arraignment contrary to section 32 CPA; Identification — identification parade registers not read out — fatal irregularity — expunged; Visual identification — need for prior detailed description and caution in night conditions — evidence unsafe; Conviction quashed and appellants released.
31 August 2023
Revisional jurisdiction cannot be used to re-open factual findings from the Labour Division; application struck out.
Labour law — jurisdiction — section 57 Labour Institutions Act — appeals from High Court, Labour Division limited to points of law; revisional jurisdiction under section 4(3) AJA cannot be used to re-assess factual findings of CMA/Labour Court; recent precedents constraining revision in labour matters; doctrine of precedent — follow more recent consistent decisions.
31 August 2023
Missing material trial evidence rendered the appeal defective; the Court nullified the proceedings and ordered a retrial by another judge.
Civil procedure – incomplete record – missing material testimony (DW2) from both record of appeal and original record – appeal incompetent on existing record. Court of Appeal Rules, 2009 – rule 96(7) supplementary record cannot cure absence of evidence from original record. Appellate Jurisdiction Act s.4(2) – court’s revisional powers to nullify proceedings and remit for fresh trial. Remedy – nullification of proceedings, retrial by another judge, costs each party to bear own costs.
30 August 2023
Court affirmed convictions for unlawful possession/dealing in elephant tusk but reduced sentence to account for remand time.
Criminal law – Wildlife offences – unlawful possession and dealing in Government trophy (elephant tusk); Evidence – material versus minor inconsistencies; Non-conformity between committal charge and High Court information – prejudice requirement; Production of witnesses – material witness doctrine; Sentencing – deduction of remand custody under section 172(2)(c) CPA; Appellate revisionary powers (AJA s.4(2)).
30 August 2023
Conviction quashed where victim’s unsworn testimony and denial of cross‑examination rendered trial unfair and evidence insufficient.
Criminal procedure – unsworn evidence – witness aged fifteen must be sworn; failure to swear renders testimony evidentially weightless (Criminal Procedure Act s198(1); Evidence Act s127). Right to cross‑examination – denial to cross‑examine prosecution witnesses breaches fair trial (Evidence Act ss144,146(2); CPA s195(2)). Insufficient evidence – where key testimony is excluded and corroboration absent, conviction cannot stand. Remedy – quashing conviction and ordering release where trial irregularities render conviction unsafe.
29 August 2023
A contract signed before issuance of required work and residence permits is ineffective; no compensation for unlawful employment.
Employment of non‑citizens – requirement of valid work permit and residence permit before engaging in gainful employment – Non‑Citizens (Employment Regulation) Act ss.9,10. Contract of employment as annexure to work permit application – timing and effect. Illegality of employment – effect on claims for breach and compensation. Labour dispute – appellate review of CMA findings and High Court revision.
29 August 2023
Leave to appeal granted because proposed grounds (bonafide purchaser and contract privity) raise arguable issues meriting appellate determination.
Land law — appeal from DLHT via High Court — leave to appeal to Court of Appeal — discretionary grant where intended grounds raise arguable issues; issues included bonafide purchaser and privity/sanctity of settlement contract; rule 45(b) Tanzania Court of Appeal Rules.
28 August 2023
Stay of execution granted pending appeal on condition applicant executes a bond to maintain status quo and prevent eviction.
Court of Appeal Rules, r.11 – Stay of execution pending appeal – requirements: notice of appeal, timeliness, sufficient cause, risk of substantial/irreparable loss, security – Declaratory (eviction) decree – appropriate security as bond to maintain status quo.
23 August 2023
Conviction for rape quashed where material contradictions in key witnesses undermined proof beyond reasonable doubt.
Criminal law – Rape – proof beyond reasonable doubt – effect of contradictions in key witnesses' testimonies. Evidence – assessment of witness credibility by second appellate court. Evidentiary omissions – failure to produce corroborative exhibits (blood-stained clothes) not necessarily fatal. Procedural – typographical errors in record (age) may be corrected by reference to original record.
23 August 2023
Refusing adjournment for a partly‑heard defence witness breached the appellants' right to be heard and vitiated the judgment.
Civil procedure — adjournment — circumstances beyond party's control — right to be heard — natural justice — refusal to adjourn and closure of defence vitiates ensuing proceedings and judgment — remedy: nullification and remittal to trial court.
22 August 2023
April 2023
Court of Appeal lacks jurisdiction over appeals from defunct Industrial Court awards; appeal struck out for want of leave.
Jurisdiction — Appeals from defunct Industrial Court (ICT) awards — Section 27(1C) ICT Act — Proper forum: full bench of High Court; Appellate Jurisdiction Act s.4(1) and s.5(1)(c) — Leave to appeal required where statutory right not provided.
21 April 2023
Material variance between particulars and evidence vitiated money-laundering convictions; convictions quashed.
Criminal law – money laundering – variance between charge particulars and evidence (number and amount of transactions) – consolidation of distinct transactions into one count contrary to s.133 CPA – failure to amend information under s.276(2) fatal; procedural irregularities curable under s.388(1) CPA; assessors' non-explanation not fatal where they actively participate.
19 April 2023
Court expunged some statements, acquitted the second appellant; other convictions upheld after corroboration and review of inconsistencies.
Criminal law – admissibility of cautioned statements and requirement of corroboration for repudiated confessions; extrajudicial statements and committal requirements; chain of custody and recovery of exhibits; circumstantial evidence and identification; adverse inference for non-called witnesses.
12 April 2023
March 2023
Notice of appeal struck out where respondent failed to take essential steps and obtain leave to appeal.
Civil procedure — Strike out of notice of appeal for inaction under Rule 89(2); requirement of leave to appeal (s.5(1)(c) AJA, Rule 45); uncontroverted affidavit — facts admitted; "essential steps" to institute and prosecute appeal.
15 March 2023
A second‑bite extension application must be filed within 14 days of the High Court refusal; absence of Registrar's certificate renders late applications incompetent.
Civil procedure — Extension of time — "Second bite" applications to the Court of Appeal — Rule 45A(1) requires filing within 14 days of High Court refusal. Civil procedure — Computation of time — Exclusion for time to prepare a copy of decision only by Registrar's certificate under rule 45A(2). Jurisdiction/competence — Application filed outside the 14‑day period without certificate of delay is incompetent and liable to be struck out.
13 March 2023
Application for extension of time dismissed for failure to account for delay and lack of apparent illegality.
Civil procedure — Extension of time under Rule 10 — Good cause requires accounting for each day; illegalities may justify extension only if apparent on the record; hearsay allegations against Registrar unsupported.
6 March 2023
February 2023
Failure to properly sum up legal issues to assessors nullified the trial proceedings; conviction quashed and matter remitted for proper summing up.
Criminal procedure — Assessors — Duty of trial judge to properly sum up and direct assessors on vital points of law — Failure to explain ingredients of offence, chain of custody, expert evidence or evidential value of retracted cautioned statement renders subsequent proceedings a nullity — Court may invoke revisional powers (s.4(2) AJA) and remit for proper summing up.
24 February 2023
Conviction for impregnating a schoolgirl affirmed; excessive thirty‑year sentence set aside and appellant released.
Criminal law – Education Act s.60A(3) – Impregnating a schoolgirl – proof requires showing victim was a schoolgirl, pregnancy and that accused impregnated her; Criminal procedure – recording of evidence s.210(1)(b) CPA – non‑compliance curable under s.388 where no prejudice; Evidence – PF3/medical report admissibility and expungement of improperly admitted exhibits; Sentencing – statutory maximum not mandatory; sentencing limits of trial magistrates and appellate revision under AJA s.4(2).
24 February 2023
Appellant failed to prove TZS 300M payment; court awarded pre‑judgment interest at 15% on proven TZS 193,943,000.
Evidence — burden of proof (s.110 Evidence Act) — admitted deposit slips vs. bank statement; Documentary weight and reconciliation; Pre‑judgment interest — discretionary award; Contracts — courts cannot insert contractual interest terms not agreed by parties; Guarantor payments and recovery; Bank reconciliation — bank statements as decisive evidence.
24 February 2023
Appellants' convictions for unlawful possession of government trophies affirmed; sentencing corrected to EOCCA's mandatory 20-year term.
Criminal law – unlawful possession of government trophies; chain of custody; admissibility of documents where not read out after admission; evidential burden under WCA s100(3); jurisdiction and consent under EOCCA; sentencing under EOCCA s60(2) (mandatory minimum).
24 February 2023
A child’s promise to tell the truth suffices under section 127(2); age and penetration proven, conviction and sentence upheld.
Criminal law – Rape – Proof of age of victim – Child witness testimony – Section 127(2) Evidence Act (promise to tell truth suffices) – Evaluation of contradictions (minor vs. material) – Admissibility and weight of cautioned statement – Conviction upheld.
24 February 2023
A guilty plea must clearly admit sexual intercourse and the victim's age to be unequivocal in statutory rape cases.
Criminal procedure – guilty plea – requirement that plea be unequivocal – Chaki factors applicable. Rape – essential ingredient sexual intercourse must be clearly established in narrated facts. Statutory rape – proof of victim's age is fundamental and cannot be casual. Compliance with s.228 Criminal Procedure Act when recording plea. Appealability – s.360(1) CPA does not bar intervention where plea is equivocal. Appellate revision powers – re‑arraignment ordered under AJA s.4(2).
23 February 2023
Conviction for unlawful possession of government trophies upheld; sentence increased to 20 years under EOCCA.
Wildlife offences – unlawful possession of government trophies; valuation not an ingredient of offence; admissibility of seizure certificate; emergency search under section 42 CPA; credibility of witnesses; sentencing under EOCCA section 60(2).
23 February 2023
Applicant’s attempt to strike out notice of appeal failed because delay in supplying certified copies was due to the Registrar, not respondents.
Civil procedure – appeal – striking out notice of appeal – whether essential steps to institute appeal were taken under Rules 89 and 90 of the Court of Appeal Rules, 2009; Certified copies – delay by High Court Registrar – effect on right to prosecute appeal; Precedent – Registered Trustees of Kagera Farmers' Trust Fund v. CRDB Bank Ltd; Foreign Mission Board v. Panomaritis.
23 February 2023
Sale to bona fide purchaser before administrator’s revocation cannot be set aside by later inventory allocation.
Probate and administration – sale of estate property by an administrator – effect of revocation of administrator’s appointment on completed sale – bona fide purchaser for value without notice – evidentiary weight of Administrator General’s inventory – procedural succession of judges.
22 February 2023
Failure to seek required leave and to take essential appellate steps warranted striking out the respondent's notice of appeal.
Procedure — striking out notice of appeal — Rule 89(2) Court of Appeal Rules: failure to take essential steps; Leave to appeal — s. 47(2) Land Disputes Courts Act required where appeal originates from DLHT; Time limits — Rule 90(1) (60 days to file appeal) and collection of documents from Registrar; Adjournment — Rule 59 requires good cause for delay.
22 February 2023
Adverse possession can extinguish a village land claim even where the original sale lacked Village Council approval.
Land law – village land – transfer/sale without Village Council approval – such transfers are void and ineffectual. Prescription/adverse possession – continuous occupation can extinguish estate claims after statutory period. Civil procedure – extension of time – unchallenged tribunal orders remain effective. Appeal jurisdiction – High Court certification required for appeals from Ward Tribunals; grounds must substantially reflect certified points. Procedural irregularity – lack of locus standi does not automatically vitiate prior tribunal proceedings.
21 February 2023
Child witnesses’ truthful promise sufficed; euphemistic testimony can prove rape; convictions upheld but two life sentences reduced.
Criminal law – sexual offences involving children – compliance with s.127(2) Evidence Act; child witnesses’ promise to tell the truth; sufficiency of euphemistic testimony to prove penetration; cautioned statement defective but not relied on; proof of victims’ ages and appropriate sentencing under s.131 Penal Code; consideration of accused’s defence; procedural compliance (PF3s read, judgment signed).
20 February 2023
Conviction for unlawful possession of elephant tusks upheld; sentence revised to twenty years imprisonment under amended law.
Criminal law – unlawful possession of government trophies – valuation and number of trophies – admissibility of trophy valuation certificate; Evidence – certificate of seizure signed by accused suffices in place of statutory receipt; Witnesses – non‑production of fellow officer does not require an independent witness in remote area; Cautioned statement – voluntariness and weight; Sentencing – application of amended harsher penalties under Cap. 200 as amended.
20 February 2023