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.
3 judgments

Court registries

  • Filters
  • Judges
  • Alphabet
Sort by:
3 judgments
Citation
Judgment date
December 2018
Failure to apply mandatory transitional provision requiring trial under repealed procedure rendered the murder trial a nullity; retrial ordered.
Criminal procedure — transitional provision (s.402(1) Criminal Procedure Act) — matters committed before Act must be tried under repealed Decree (Cap.14) unless Chief Justice orders otherwise (s.402(2)) — failure to comply renders trial a nullity; conviction and sentence quashed; retrial ordered.
14 December 2018
March 1999
Decisions quashed for bias and failure to consider whether the employee's refusal to transfer amounted to insubordination.
Administrative law — judicial review (certiorari/mandamus) — failure to address relevant issues; rule against bias — real likelihood of bias where a tribunal member previously participated and advocated in the matter; Labour law — transfers and discipline — distinction between improper transfer procedure and whether refusal amounts to insubordination; remedial relief — quashing decisions and ordering de novo hearing.
4 March 1999
June 1996
A recorded consent settlement becomes a decree; once executed, an application to lift prior attachment is overtaken by events.
* Civil procedure – Consent settlement recorded and confirmed by court – Effect: becomes decree and terminates main suit – Execution of decree precludes subsequent application to lift prior attachment as overtaken by events. * Third-party claims over attached goods – Remedy is independent suit or application for review/appeal to impugn decree where locus exists. * Reviewability – Court will not entertain review where the decree has been passed and executed; challenge must follow proper review/appeal procedure.
6 June 1996